Terms of contract within the framework of purchase contracts concluded via the platform https://foodand.eu/
between
Ybarra & Wohlfart GbR, Silberteinstaße 118, 12051 Berlin
shop@foodand.eu
- hereinafter referred to as "Provider" -
and
the users of this platform designated in § 2 of these General Terms and Conditions - hereinafter referred to as "Customer/Customers" - are concluded.
§ 1 Scope of application
For the business relationship between the supplier and the customer, the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the supplier agrees to their validity expressly in writing.
§ 2 Conclusion of contract
(1) The Customer may select products from the Supplier's product range and collect them in a so-called shopping cart by clicking the "Buy" button. Via the button "Place order" he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The supplier will then send the customer an automatic confirmation of receipt with the subject "Food& Order [Number]" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the supplier. The content of the order is summarised in this confirmation.
In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection regulations.
(3) The contract is concluded in the languages: English.
§ 3 Delivery, availability of goods, terms of payment
(1) Delivery times stated by us shall be calculated from the date of our order confirmation (§ 2 (2) of these General Terms and Conditions), subject to prior payment of the purchase price.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier will also inform the customer immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the provider is also entitled to withdraw from the contract. In this case he will immediately reimburse any payments already made by the customer.
(3) The customer can make the payment by Stripe or Paypal.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date.
§ 4 Retention of title
Until the purchase price has been paid in full, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the provider's website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of revocation.
(3) In the event of revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). BGB (GERMAN CIVIL CODE). The warranty period for items delivered by the provider to entrepreneurs is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the damage is a compensation claim by the customer arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points the legal regulations step, as far as available. As far as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.
