Legal
General Terms and Conditions
I. General Terms and Conditions
§ 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 will be opposed.
(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 neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". After clicking the "checkout" button and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview. By submitting the order via the corresponding button, you legally declare your acceptance of the offer, thereby concluding the contract.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct.
§ 3 Contract Duration / Termination of Subscription Contracts
(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by either party with one month's notice to the end of the month.
(2) The right to terminate without notice for good cause remains unaffected.
(3) Any termination must be declared and transmitted either in text form (e.g., e-mail) or via the termination button integrated into our website.
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method via "PayPal" / "PayPal Checkout", the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg). Further information can be found at paypal.com.
(2) Payment via "Shopify Payments"
If you select a payment method via "Shopify Payments", the payment will be processed by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). Further information can be found at shopify.com.
§ 5 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 full payment of the purchase price.
§ 6 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested 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.
(3) Insofar as a characteristic 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 the contractual declaration and the deviation was expressly and separately agreed upon.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn thereby.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
§ 8 Youth Protection
(1) When selling goods that fall under the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
(2) By submitting your order, you affirm that you have reached the legally required minimum age and that your name and address details are correct.
(3) Insofar as we are obliged by law 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 required minimum age.
II. Customer Information
1. Identity of the Seller
Miguel Zirkenbach-Jasper
Brachtstraße 4
40223 Düsseldorf
Germany
Phone: 01735327989
Email: info@gourmet-mallorca.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
The contract language is German. The complete text of the contract is not stored by us. After receipt of the order by us, the order data, the legally required information, and the General Terms and Conditions will be sent to you again by e-mail.
4. Prices and Payment Terms
The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
The applicable shipping costs are not included in the purchase price and will be shown separately during the ordering process.
5. Delivery Conditions
The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly named button on our website or in the respective offer.
6. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
7. Contract Duration / Termination
Information on the duration of the contract and the termination conditions can be found in the "Contract Duration / Termination for Subscription Contracts" provision in our General Terms and Conditions (Part I) and in the respective offer.
These General Terms and Conditions were created by the IT law specialists of Händlerbund. Last updated: 22.10.2024