General terms and conditions with customer information

Scope
Conclusion of contract
Right of Withdrawal
Prices and terms of payment
Terms of delivery and shipping
Retention of Title
Liability for Defects
Liability
Redeeming Promotional Vouchers
Governing Law
Jurisdiction
Alternative Dispute Resolution
Seller Identity Information

1) SCOPE

1.1 These general terms and conditions (hereinafter “GTC”) of Delikator German Foods (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the seller’s online shop www.delikator.com completes the goods and/or services presented. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.

1.2 These General Terms and Conditions shall apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process .

2.3 The seller can accept the customer’s offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or by sending the prompts customers to pay after placing their order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.

2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the seller’s website and can be called up free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.

2.6 Before the binding submission of the order via the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

2.9 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is allowed to accept the goods.

3) RIGHT OF WITHDRAWAL

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller’s cancellation policy.

4) PRICES AND PAYMENT TERMS

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 The customer has various payment options available, which are specified in the seller’s online shop.

4.3 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.

4.4 If the “PayPal” payment method is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

4.5 If the “Amazon Payments” payment method is selected, the payment will be processed via the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg, subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help /Retail Customers/User Agreement-Policies/User Agreement.

4.6 If the delivery on account payment method is selected, the purchase price must be paid within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method if the credit check is negative.

5) DELIVERY AND SHIPPING TERMS

5.1 Goods that are delivered abroad, please check the conditions via the check-out process and under what conditions we can provide it.

5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable amount of time in advance.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has handed over the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller’s registered office after consultation with the seller. In this case, no shipping costs will be charged.

6) RESERVATION OF TITLE

6.1 In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

6.2 In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.

7) LIABILITY FOR DEFECTS

If there is a defect in the purchased item, the statutory provisions apply. Deviating from this, the following applies to items that have not been used for a building in accordance with their usual purpose and have caused the building to be defective:

7.1 For entrepreneurs, an insignificant defect does not justify any claims for defects,
the seller has the choice of the type of supplementary performance,

In the case of new goods, the limitation period for defects is one year from the transfer of risk.
In the case of used goods, the rights and claims due to defects are fundamentally excluded.
the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

7.2 For consumers, the limitation period for claims for defects in new goods is two years from delivery of the goods to the customer.
in the case of used goods, one year from delivery of the goods to the customer, with the restriction of Section 7.3.

7.3 For entrepreneurs and consumers, the above limitations of liability and limitation periods in Section 7.1 and Section 7.2 do not relate to claims for damages and reimbursement of expenses that the buyer can assert under the statutory provisions due to defects in accordance with Section 8.

7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

7.7 If the supplementary performance has been made by way of a replacement delivery, the customer is obliged to return the first delivered goods to the seller within 30 days at the seller’s expense. The defective goods must be returned in accordance with the statutory provisions.

8) LIABILITY

The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason
in the event of intent or gross negligence,
in the event of negligent or intentional injury to life, limb or health,
on the basis of a guarantee promise, unless otherwise agreed in this regard,
due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with Section 8.1. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.

8.3 Apart from that, liability on the part of the seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) REDEMPTION OF PROMOTIONAL VOUCHERS

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only in the specified period.

9.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.

9.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

9.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) GOVERNING LAW

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11) PLACE OF JURISDICTION

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer’s registered office.

13) ALTERNATIVE DISPUTE RESOLUTION

13.1 The EU Commission provides a platform on the Internet under the following link
Online dispute resolution ready: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes
from online sales or service contracts in which a consumer is involved.

13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

14) SELLER IDENTITY INFORMATION

Delikator German Foods
Christoph Dürken
Tulpenweg 22
40231 Düsseldorf
Germany

E-Mail: info at delikator.com