Terms and Conditions Imperial Caviar

Rheinbabenallee 14

14199 Berlin
Phone: +49 (0)30 20 45 66 90
Fax: +49 (0)30 20 45 66 99

service@imperialcaviar.de
www.imperialcaviar.de

German: service@imperialcaviar.de

Commercial Register: District Court of Charlottenburg-Berlin
HRB number: 66846
Sales tax identification number: DE – 8125171863

§ 1 – Scope

  • These terms and conditions of Imperial Caviar GmbH (hereinafter: “Seller”) apply to all sales, deliveries and services of the seller that the customer buys from the seller by telephone, fax or via the online shop www.imperialcaviar.de. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.
  • “Customers” are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 – Conclusion of contract

  • By completing the online ordering process, by sending a written order or by placing an order by telephone, you submit a binding contract offer to Imperial Caviar GmbH, Rheinbabenallee 14, 14199 Berlin. The acceptance of the contract by the seller takes the form of an express declaration or, depending on the payment method selected, a corresponding request for payment or the dispatch of the goods.
  • Purchase processing and contact are made in the online shop by e-mail with the help of the automated purchase processing software. The customer must therefore ensure that the e-mail address provided by him for the purchase transaction is correct so that correspondence can take place via this. If spam filters are used, the customer must ensure that all e-mails sent by the seller or his checkout service providers for checkout are received.
  • Orders with a purchase price under €1 or over €9999.99 will be rejected. In these cases, please contact us by phone.
  • Imperial Caviar GmbH reserves the right to refuse an order without giving reasons. In this case, any payments already made will be refunded to the buyer within 7 working days.

§ 3 – Contract storage

  • The text of the contract is not saved by the seller after the online contract has been concluded and can therefore no longer be viewed by the customer after the end of the ordering process. When ordering online, the customer receives his order data by e-mail with the order or order confirmation. Corresponding permanent backups of the offer and the contract text should be initiated by the customer himself (e.g. with a screenshot).

§ 4 – Prices

  • The prices given by the seller on the product pages include all price components incl. the respective statutory German value-added tax. Value added tax will be shown separately on the invoice to be sent later. The packaging and shipping costs are also shown separately. Discounts and cost limits (e.g. for shipping costs) can be calculated based on reduced or non-reduced prices. Other price components, such as additional taxes, customs duties or other charges may apply to cross-border deliveries. Information on this can be found in particular on the websites of the respective countries. The website of the European Commission also contains an overview http://ec.europa.eu/taxation_customs/taxation/index_de.htm# . The electronically created confirmations sent by email from the web shop do not replace the valid invoice on company letterhead created later. Vouchers and discount codes are valid for a limited time. Only one voucher or discount code can be used per order, but not several. Most coupons and discount codes can also be applied to discounted prices.

§ 5 – Terms of payment

Payments can be made as follows:

  • PayPal 
    As part of the PayPal payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.
    If you choose the payment method PayPal  In order to be able to pay the invoice amount, you must be registered there or first register and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You’ll get more information during the ordering process.
    Credit card through PayPal
    If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder, and your card will be debited. You’ll get more information during the ordering process.
    Direct debit via PayPal
    If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You’ll get more information during the ordering process.
    payment with credit card
    You can pay for your order with the following credit cards: Mastercard, VISA, American Express.

§ 6 – Set-off / Retention

  • The customer is only entitled to offset if his counterclaim has been recognized by the seller or its existence has been legally established.
  • The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 7 – Retention of title

  • The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled.
  • If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the retention of title also applies beyond the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.

§ 8 – Liability for Defects

  • In the case of sales to entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. The statute of limitations does not begin again if a replacement is delivered as part of the liability for defects.
  • For entrepreneurs, the statutory limitation periods for the right of recourse according to §  478 BGB unaffected, the same applies to entrepreneurs and consumers in the event of an intentional breach of duty and fraudulent concealment of a defect. In the case of sales to entrepreneurs and consumers, in accordance with paragraph 5 below, these limitations of liability do not extend to claims for damages and reimbursement of expenses that the buyer can assert due to a defect.
  • In the case of sales to a merchant in the sense of commercial law (§  1 HGB), the commercial duties to examine and give notice of defects within the meaning of §  377 HGB. If the statutory notification obligations are not met, the goods shall be deemed to have been approved.
  • In the event of injury to life, limb or health, the seller is liable without limitation for any legal reason in the event of intent or gross negligence. This also applies to fraudulent intent and guarantee promises or if liability is based on mandatory statutory provisions, such as the Product Liability Act.
  • Otherwise, the statutory provisions apply.

§ 9 – Data protection

  • According to §  33 BDSG, Imperial Caviar GmbH points out that personal data is only collected and stored in machine-readable form for this contract to the extent necessary to enter into this contractual relationship, to change and implement it if necessary.
  • The buyer is entitled to request information about the scope and purpose of data processing and other recipients of the data at any time. Furthermore, he is entitled to correction, blocking and deletion of his data after completion of the purpose-related implementation of the contract.

§ 10 – Information obligation according to ODR regulation (EU) No. 524/201

  • The EU Commission has set up a platform for the possibility of online dispute resolution: www.ec.europa.eu/consumers/odr.

Section 11 – Governing Law

  • The law of the Federal Republic of Germany applies to all legal relationships between Imperial Caviar GmbH and the buyer.

Terms and Conditions Imperial Caviar

Rheinbabenallee 14

14199 Berlin
Phone: +49 (0)30 20 45 66 90
Fax: +49 (0)30 20 45 66 99

service@imperialcaviar.de
www.imperialcaviar.de

German: service@imperialcaviar.de

Commercial Register: District Court of Charlottenburg-Berlin
HRB number: 66846
Sales tax identification number: DE – 8125171863

§ 1 – Scope

  • These terms and conditions of Imperial Caviar GmbH (hereinafter: “Seller”) apply to all sales, deliveries and services of the seller that the customer buys from the seller by telephone, fax or via the online shop www.imperialcaviar.de. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.
  • “Customers” are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 – Conclusion of contract

  • By completing the online ordering process, by sending a written order or by placing an order by telephone, you submit a binding contract offer to Imperial Caviar GmbH, Rheinbabenallee 14, 14199 Berlin. The acceptance of the contract by the seller takes the form of an express declaration or, depending on the payment method selected, a corresponding request for payment or the dispatch of the goods.
  • Purchase processing and contact are made in the online shop by e-mail with the help of the automated purchase processing software. The customer must therefore ensure that the e-mail address provided by him for the purchase transaction is correct so that correspondence can take place via this. If spam filters are used, the customer must ensure that all e-mails sent by the seller or his checkout service providers for checkout are received.
  • Orders with a purchase price under €1 or over €9999.99 will be rejected. In these cases, please contact us by phone.
  • Imperial Caviar GmbH reserves the right to refuse an order without giving reasons. In this case, any payments already made will be refunded to the buyer within 7 working days.

§ 3 – Contract storage

  • The text of the contract is not saved by the seller after the online contract has been concluded and can therefore no longer be viewed by the customer after the end of the ordering process. When ordering online, the customer receives his order data by e-mail with the order or order confirmation. Corresponding permanent backups of the offer and the contract text should be initiated by the customer himself (e.g. with a screenshot).

§ 4 – Prices

  • The prices given by the seller on the product pages include all price components incl. the respective statutory German value-added tax. Value added tax will be shown separately on the invoice to be sent later. The packaging and shipping costs are also shown separately. Discounts and cost limits (e.g. for shipping costs) can be calculated based on reduced or non-reduced prices. Other price components, such as additional taxes, customs duties or other charges may apply to cross-border deliveries. Information on this can be found in particular on the websites of the respective countries. The website of the European Commission also contains an overview http://ec.europa.eu/taxation_customs/taxation/index_de.htm# . The electronically created confirmations sent by email from the web shop do not replace the valid invoice on company letterhead created later. Vouchers and discount codes are valid for a limited time. Only one voucher or discount code can be used per order, but not several. Most coupons and discount codes can also be applied to discounted prices.

§ 5 – Terms of payment

Payments can be made as follows:

  • PayPal 
    As part of the PayPal payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.
    If you choose the payment method PayPal  In order to be able to pay the invoice amount, you must be registered there or first register and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You’ll get more information during the ordering process.
    Credit card through PayPal
    If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder, and your card will be debited. You’ll get more information during the ordering process.
    Direct debit via PayPal
    If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the account debit (so-called pre-notification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You’ll get more information during the ordering process.
     
  • Direct debit via PayPal
    You can pay for your order with the following credit cards: Mastercard, VISA, American Express.

§ 6 – Set-off / Retention

  • The customer is only entitled to offset if his counterclaim has been recognized by the seller or its existence has been legally established.
  • The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 7 – Retention of title

  • The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled.
  • If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the retention of title also applies beyond the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.

§ 8 – Liability for Defects

  • In the case of sales to entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. The statute of limitations does not begin again if a replacement is delivered as part of the liability for defects.
  • For entrepreneurs, the statutory limitation periods for the right of recourse according to §  478 BGB unaffected, the same applies to entrepreneurs and consumers in the event of an intentional breach of duty and fraudulent concealment of a defect. In the case of sales to entrepreneurs and consumers, in accordance with paragraph 5 below, these limitations of liability do not extend to claims for damages and reimbursement of expenses that the buyer can assert due to a defect.
  • In the case of sales to a merchant in the sense of commercial law (§  1 HGB), the commercial duties to examine and give notice of defects within the meaning of §  377 HGB. If the statutory notification obligations are not met, the goods shall be deemed to have been approved.
  • In the event of injury to life, body or health, the seller is liable without limitation for any legal reason in the event of intent or gross negligence. This also applies to fraudulent intent and guarantee promises or if liability is based on mandatory statutory provisions, such as the Product Liability Act.
  • Otherwise, the statutory provisions apply.

§ 9 – Data protection

  • According to §  33 BDSG, Imperial Caviar GmbH points out that personal data is only collected and stored in machine-readable form for this contract to the extent necessary to enter into this contractual relationship, to change and implement it if necessary.
  • The buyer is entitled to request information about the scope and purpose of data processing and other recipients of the data at any time. Furthermore, he is entitled to correction, blocking and deletion of his data after completion of the purpose-related implementation of the contract.

§ 10 – Information obligation according to ODR regulation (EU) No. 524/201

  • The EU Commission has set up a platform for the possibility of online dispute resolution: www.ec.europa.eu/consumers/odr.

Section 11 – Governing Law

  • The law of the Federal Republic of Germany applies to all legal relationships between Imperial Caviar GmbH and the buyer.