Legal
Terms and conditions
I. General terms and conditions
Section 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Miguel Zirkenbach-Jasper) via the website gourmet-mallorca.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A trader is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
Section 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system on the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Continue to order" button (or a similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order summary.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order summary page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, you make the relevant selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the provider of the instant payment system or after you have been returned to our online shop.
Before submitting the order, you have the opportunity to check the details in the order summary again, to change them (also using the "back" function of your internet browser) or to cancel the order.
By submitting the order using the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to payment", "pay" / "pay now" or a similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your enquiries regarding the preparation of a quotation are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
Section 3 Special agreements on the payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods offered via "PayPal" are displayed to you under a correspondingly labelled button on our website and during the online ordering process. For payment processing, "PayPal" may use further payment services; where special payment conditions apply, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/uk/legalhub/home.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment is processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods offered via Shopify Payments are displayed to you under a correspondingly labelled button on our website and during the online ordering process. For payment processing, Stripe may use further payment services; where special payment conditions apply, you will be informed of these separately. Further information on Shopify Payments can be found at https://www.shopify.com/legal/terms-payments.
Section 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
Section 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
Section 6 Choice of law
(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
Section 7 Protection of minors
(1) When selling goods that fall under the provisions of the German Protection of Young Persons Act (Jugendschutzgesetz), we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Any existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you confirm that you have reached the legally prescribed minimum age and that the details you have provided regarding your name and address are correct. You are obliged to ensure that only you personally, or persons authorised by you to accept the delivery who have reached the legally prescribed minimum age, take receipt of the goods.
(3) Insofar as we are obliged under statutory provisions to carry out an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification.
(4) Insofar as, beyond the legally prescribed minimum age, we state in the respective item description that you must have reached the age of 18 in order to purchase the goods, the preceding paragraphs 1-3 apply with the proviso that legal majority must be present instead of the legally prescribed minimum age.
II. Customer information
1. Identity of the seller
Miguel Zirkenbach-Jasper
Brachtstraße 4
40223 Düsseldorf
Germany
Telephone: +49 173 5327989
Email: hola@gourmet-mallorca.com
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are carried out in accordance with the provisions on the "Conclusion of the contract" in our general terms and conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the print function of your browser or saved electronically. After we receive your order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. For quotation enquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. Any costs of money transfer incurred (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the provision on "Warranty" in our general terms and conditions (Part I).
These general terms and conditions and customer information were prepared by the lawyers specialising in IT law at Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of warning notices. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
