SUBJECT OF THE CONTRACT
This contract regulates the sale of new goods from the goods displayed by the supplier in his online store. For the details of the respective offer, please refer to the product description on the offer page.
CONCLUSION OF CONTRACT
The contract is concluded exclusively in electronic business transactions via the store system. The products displayed on the website represent a non-binding invitation to customers to submit an offer, which the provider can then accept. The ordering process for the conclusion of the contract includes the following steps in the store system:
With the sending of the order confirmation the contract is concluded.
PRICES, SHIPPING COSTS, RETURN COSTS
All prices are final prices and include the statutory value added tax. In addition to the final prices, depending on the shipping method, further costs are incurred, which are displayed before the order is shipped. If there is a right of withdrawal and this right is used, the customer bears the direct costs of the return shipment if he is located outside Germany.
For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
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TERMS OF PAYMENT
The customer has only the following options for payment: by advance payment, immediate bank transfer, credit card or direct debit via Klarna or PayPal.
Other payment methods are not offered and will be rejected. The invoice amount is to be transferred in advance to the account indicated on the invoice, which contains all details for the bank transfer and is sent by e-mail. If an escrow service/payment service provider is used, it enables the provider and customers to process the payment among themselves. The escrow service/payment service provider forwards the customer’s payment to the provider. Further information is available on the website of the respective escrow service/payment service provider. The invoiced amount can also be paid in cash at the Provider’s business premises during normal office hours after deduction of the shipping costs incurred. If payment is made by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped. The customer is obliged to pay or transfer the amount shown on the invoice to the account indicated on the invoice within 3 days of receipt of the invoice. The payment is due without deduction from the date of invoice. The customer is only in default after a reminder.
TERMS OF DELIVERY
The delivery time is approx. 3-4 working days within Germany, unless otherwise stated in the article description. The offerer dispatches the order from his own warehouse as soon as the entire order is in stock there. The customer will be informed about delays immediately.
RESERVATION OF TITLE
If the supplier makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
LIABILITY FOR DEFECTS (WARRANTY)
If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the supplier. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
RIGHT OF WITHDRAWAL AND CUSTOMER SERVICE
Consumers are generally entitled to a right of withdrawal.
Further information on the right of revocation is contained in the revocation instruction of the provider.
The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
In case of intent, injury to life, body or health, as well as the assumption of a guarantee, the provider is liable without limitation. The same applies to liability according to the provisions of the Product Liability Act.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), liability in the case of simple negligence shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise the liability of the provider is excluded.
PROHIBITION OF ASSIGNMENT
Claims of the customer against the provider may not be assigned without the provider’s consent, unless the customer has proven a legitimate interest in the assignment.
LANGUAGE, JURISDICTION AND APPLICABLE LAW
The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only insofar as no legal provisions of the state in which the customer has his residence or habitual abode are restricted by this.
In connection with the initiation, conclusion, handling and reversal of a sales contract on the basis of these terms and conditions, the provider collects, stores and processes data. This happens within the scope of the legal regulations. The provider does not pass on any personal data of the customer to third parties, unless the provider is legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with the handling of processing procedures, the provisions of the Federal Data Protection Act are observed. The data provided by the customer in the course of the order will be processed exclusively for the purpose of establishing contact within the framework of the processing of the contract and only for the purpose for which the customer has provided the data. The data will only be passed on to the mail-order company which will deliver the goods as ordered. The payment data will be passed on to the credit institute commissioned with the payment. If the provider is subject to retention periods of a commercial or fiscal nature, the storage of some data may take up to ten years. During the visit to the provider’s internet store, anonymized data, which do not allow any conclusions to be drawn about personal data and which are not intended, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer’s request, personal data will be deleted, corrected or blocked within the framework of the legal provisions. Information about all personal data of the customer is possible free of charge. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use the customer can contact the following address: delikatessa GmbH, Managing Director: Sahin Karaaslan, Berliner Straße 49, 69120 Heidelberg, Email: email@example.com Phone: +49 6221 – 335 60 20.
The invalidity of a provision of these GTC shall not affect the validity of the remaining provisions.
IMPLEMENTATION OF THE ODR DIRECTIVE
Online dispute resolution according to Art. 14 para. 1 ODR-VO
The European Commission provides an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/.
Notice according to § 36 (1) No. 2 VSBG: We would like to point out that we are not available for participation in dispute resolution proceedings before a consumer arbitration board”.