XOX Gebäck GmbH
Am Hastebach 8
31789 Hameln

Fon +49(0)5151 1073350
Fax +49(0)5151 1073351

Chief Executive Officer: Edmund Erhard Besecke
Director of Sales and Marketing: Stefan Hund

Registration Office: Amtsgericht Hannover
Registration Number: HRB 100696
Sales tax identification number in accordance with § 27 a of the Sales Tax Act: DE 812410860

Concept and design
Smartcon Media GbR
Ratiborer Str. 21
31789 Hameln

Smartcon Media GbR
Ratiborer Str. 21
31789 Hameln


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Our General Terms and Conditions of Business

General Terms and Conditions of Business of the XOX Gebäck GmbH

§ 1 Scope of the Terms and Conditions

1. All our deliveries, services and offers are made exclusively on the basis of these Terms and Conditions. They shall therefore also ap-ply to all future business relations, even if they are not expressly agreed again. These terms and conditions shall be deemed ac-cepted at the latest upon acceptance of the goods or services. We hereby object to any counter-confirmations by the buyer with ref-erence to his or her own terms and condi-tions.

2. Any deviation from these terms and con-ditions shall only apply if we confirm such deviation in writing. We exclusively sell on the basis of these terms and conditions.

§ 2 Offer and Conclusion of Contracts

1. All our offers are subject to change and non-binding, both in terms of price and quantity. Orders and statements of ac-ceptance received by us shall be deemed ac-cepted if we do not object in writing within one week.

2. Our sales staff are not authorised to make any additional verbal agreements or give any verbal assurances going beyond the content of the written contract.

§ 3 Prices

1. Unless stated otherwise, we abide by the prices contained in our offers until an increase in price is announced. Additional deliveries will be charged separately.

2. In the interest of fair competition, the buyers agree not to sell the goods purchased from us below the prices invoiced by us. A contractual penalty of 10 % of the order amount shall be payable for each case of in-fringement.

§ 4 Retention of Title

1. We reserve title to the goods delivered by us for as long as we are entitled to any claims against the buyer arising from the business relationship (including all current account balance claims) for any legal reason now or in the future.

2. The buyer is entitled to sell the reserved goods in the ordinary course of his or her business activities as long as he or she is not in default. Pledges or transfers by way of se-curity are not permitted. The buyer hereby assigns to us in full by way of security all claims arising from the resale or any other legal grounds (insurance, unauthorised ac-tion) in respect of the reserved goods (in-cluding all current account balance claims). We hereby authorise the buyer revocably to collect the claims assigned to us for his or her account in his or her own name. This au-thorisation can only be revoked if the buyer does not properly meet his or her payment obligations.

3. In the event of any seizure or access by third parties to the delivered goods subject to retention of title, the buyer shall draw at-tention to our ownership and inform us im-mediately by sending us a copy of the seizure protocol.

4. In the event of breach of contract by the buyer – in particular default of payment – we shall be entitled to demand the return of the reserved goods or, if applicable, the assign-ment of the buyer’s claims for return against third parties. If we retrieve the reserved goods, this shall not constitute a cancella-tion of the contract.

§ 5 Time of Delivery and Performance

1. Any dates or periods of delivery binding or non-binding must be agreed in writing.

2. We shall at all times make every reasona-ble effort to comply with delivery deadlines and delivery quantities. The buyer shall not be entitled to any claims in the event of un-foreseeable delays or shortfalls in quantity. We shall not be held at fault for delays in de-livery and performance due to force majeure and due to events that make performance significantly more difficult or impossible for us – including in particular strikes, lockouts, official orders, etc., even if they occur at our suppliers or their subcontractors – even in the case of bindingly agreed delivery dates. We are entitled to postpone the delivery for the duration of the impediment and a rea-sonable lead time or to withdraw from the contract in whole or in part due to the part not yet fulfilled.

§ 6 Liability for Defects

1. The buyer shall inspect all goods immedi-ately upon delivery. In the event of a defect, the buyer must notify us immediately, at the latest within one week, with a detailed de-scription of the defect, otherwise the defec-tive goods shall be deemed to have been ap-proved and accepted by the buyer.

2. The buyer is obliged to accept the goods nonetheless and to store them properly. Goods may only be returned to us following our prior written request. Notices of identi-fiable defects that we receive later than 8 days after receipt of the goods by the Buyer shall no longer be considered. In the event of a timely and verifiably justified notice of defects, we have the right and the obligation to make a replacement delivery free of charge for the buyer. If this is not possible for us, the buyer is entitled to reduce the purchase price or withdraw from the con-tract. Further claims, in particular claims for compensation for consequential damage, are excluded.

3. The buyer shall inform us immediately as soon as he becomes aware of a consumer’s claim for defects with regard to the deliv-ered goods.

4. The exclusion period in accordance with Sections 478 (3), 476 German Civil Code (“Bürgerliches Gesetzbuch”, “BGB”) shall be limited to three months after the transfer of risk.

5. Notices of defects to the seller’s repre-sentatives are not legally effective.

§ 7 Transport Costs

Unless otherwise agreed in writing, deliver-ies shall be made free of charge, including regular packaging, to the destination speci-fied by the buyer.

§ 8 Transfer of Risk

The risk shall pass to the buyer as soon as the shipment has been handed over to the per-son carrying out the transport or has left our warehouse for the purpose of shipment. If shipment becomes impossible without our fault, the risk shall pass to the buyer upon notification of readiness for shipment.

§ 9 Payments

1. Payments are to be made exclusively and directly to us free of postage and charges within 21 days of the invoice date.

2. If older outstanding accounts are overdue, later accounts are due immediately without any discount being granted. We grant a 2% discount for payments made within 14 days of the invoice date. If payment is not made within 21 days, interest on arrears may be charged at a rate of 5 percentage points above the ECB base rate plus statutory VAT. The buyer is only entitled to set-off, reten-tion or reduction, even if notices of defects or counterclaims are asserted, if we have ex-clusively agreed to this in writing or if the counterclaims have been legally established. A right of retention on the part of the buyer that is not based on the same contractual re-lationship is excluded. Payments may only be made to our employees if we have issued a written authorisation to receive money. Cheques shall be booked as payment until they are cashed.

3. We are authorised to offset payments against the buyer’s older debts first, irre-spective of any provisions of the buyer to the contrary. We shall inform the buyer of the type of offsetting that has taken place. If costs and interest have already been in-curred, we shall be entitled to offset the pay-ment first against the costs, then against in-terest and finally against the principal claim.

4. If we obtain knowledge of circumstances which cast doubt on the creditworthiness of the purchaser, in particular if he or she sus-pends his or her payments or if cheques given by him or her are not honoured or if other circumstances become known which cast doubt on the creditworthiness of the purchaser, we shall be entitled to declare the entire remaining balance due, even if we have accepted cheques. In this case, we are also entitled to demand advance payments or the provision of securities.

5. Failure to comply with our terms of pay-ment shall entitle us, without notice of a new term of payment, to withhold further deliveries and to withdraw from the agree-ment in whole or in part or to claim damages for non-performance, without prejudice to other rights, in particular the right to return goods delivered subject to retention of title in the event of suspension of payment by the buyer, court settlement or the opening of in-solvency proceedings.

§ 10 Value Added Tax

The goods supplied shall be invoiced sepa-rately at the statutory rate of VAT.

§ 11 Limitation of Liability

Claims for damages arising as a result of de-fects in performance and from tort are ex-cluded both against us and against our vicar-ious agents and/or assistants, except in cases of wilful misconduct or gross negli-gence.

§ 12 Place of Performance

The place of performance for the payment of the purchase price and other services pro-vided to the buyer is Lauenau. The place of performance shall not be changed by the fact that we arrange the shipment of goods.

§ 13 Jurisdiction

The competent court of jurisdiction for all disputes – including actions on bills of ex-change and cheques against the buyer – shall be Stadthagen, unless the statutory provi-sions stipulate a different place of jurisdic-tion. German law shall apply to contracts with foreign customers.

§ 14 Online Dispute Resolution

In fulfilment of ODR (Online Dispute Resolu-tion), we hereby inform you that the EU Commission provides a platform for dispute resolution. You can find this via the following link:

§ 15 Alternative Dispute Resolution

Please note that the Allgemeine Ver-braucherschlichtungsstelle des Zentrums für Schlichtung e. V. acts as a consumer arbitra-tion board in accordance with the ADR Di-rective 2013/11/EU (Alternative Dispute Resolution). Further information can be found via the following link: In accordance with Section 36 Act on Alternative Dispute Reso-lution in Consumer Matters (“Gesetz über die alternative Streitbeilegung in Ver-brauchersachen”, “VSBG”), XOX Gebäck GmbH hereby declares that it is not pre-pared to participate in dispute resolution proceedings before a consumer arbitration board.

§ 16 Severability Clause

Should a provision of these terms and condi-tions or a provision within the framework of other agreements be or become invalid in whole or in part, this shall not affect the va-lidity of the remaining terms and conditions and other agreements. Instead, the invalid provision shall be replaced by a provision that comes closest to it in economic terms in a legally permissible manner.

This General Terms and Conditions were drafted in German exclusively. The English version was made only for translation pur-poses. In a case of a deviation between the English and the German version, the German version shall exclusively prevail.


As of: January 2021
XOX Gebäck GmbH, Hanomagstraße 28, 31867 Lauenau, Germany

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