Conditions

General Terms and Conditions (GTC) of Gourmetia

§ 1 SCOPE

The following General Terms and Conditions (hereinafter General Terms and Conditions) regulate the legal relationships between Gourmetia OHG (address: Am Giener 14, 55268 Nieder-Olm, Germany, registered in the commercial register of the Mainz District Court under HRA 43872, VAT identification number: DE318787831; hereinafter also “Provider” or “We”) and the customers (hereinafter also “customer” or “you”) who purchase goods via our website www.gourmetia.de . Any customer conditions that conflict with or deviate from our General Terms and Conditions will not be recognized unless we have expressly agreed to their validity in writing.
Regardless of whether the customer acts as a consumer (Section 13 BGB) or an entrepreneur (Section 14 BGB), these General Terms and Conditions apply. The customer is a consumer to the extent that the purpose of the deliveries and services ordered cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur 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.
The currently applicable General Terms and Conditions can be viewed at any time, including during the ordering process, on our website at www.gourmetia.de/agb and can be saved and printed out by you there.

§ 2 CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT, POSSIBILITIES OF CORRECTION

The purchase contract is concluded with Gourmetia OHG.
The provider's range of goods on the website does not constitute a binding offer to conclude a purchase contract, but rather an invitation to submit an offer.
The products can initially be placed in the shopping cart without obligation and you have the opportunity to correct your details at any time before finally submitting the binding order. Specific and explained correction aids are available to you during the ordering process.
The purchase contract is concluded when the order is sent using the “Order with payment”, “Order with payment” or “Buy” button. Immediately after submitting your order, you will receive another confirmation by email.

§ 3 PRICE AND PAYMENT TERMS

By concluding the contract, you undertake to pay the agreed purchase price and any shipping costs incurred at the time the contract is concluded
The purchase price is due at the time the contract is concluded.
All prices include statutory sales tax and plus any agreed delivery and shipping costs.
We reserve the right to remove or add individual payment methods. The available payment methods will be displayed to you before the contract is concluded.
Payment is made according to your chosen payment method during the ordering process.

§ 4 DELIVERY CONDITIONS; RETENTION OF TITLE

The ordered products will be delivered within the delivery period specified before the contract is concluded by the shipping service provider indicated in the ordering process and, if necessary, selected by you.
The delivery period begins when we receive the purchase price.
Please note that the delivery time may depend on various factors, such as the shipping service provider, the delivery location and any holidays or special circumstances. However, we always strive to process delivery as quickly as possible so that you receive your ordered products promptly.
For deliveries within Germany, we charge shipping costs of €4.90 for goods valued up to €29. For goods worth over €29, shipping to Germany is free of charge.
For delivery to Austria, shipping costs of €5.90 will be charged for goods worth less than €39. If the goods value is more than €39, shipping to Austria is free of charge.
We also deliver to all EU member states with the exception of Bulgaria, Estonia, Greece, Croatia, Latvia, Lithuania, Malta and Cyprus. For a goods value of less than €49 you will be charged shipping costs of €9.90 and for goods worth more than €49 you will be charged shipping costs of €5.90. Shipping is free for orders over €79.
When shipping to non-EU countries, in particular to Switzerland, Great Britain or Monaco, additional taxes or costs (e.g. customs duties) may be incurred as part of your order, which cannot be paid by us or invoiced by us , but must be paid by you directly to the relevant customs or tax authorities. Please contact the relevant authorities for details.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
We are entitled to make partial deliveries if this is reasonable for you.
If the delivered goods show obvious transport damage, we urge you to immediately complain about such errors to the delivery person and to contact us immediately. Failure to make a complaint or contact us immediately has no effect on your legal claims and in particular your warranty rights. Nevertheless, it is important for us to report transport damage promptly in order to be able to assert our own claims against the carrier or the transport insurance company and to offer you the best possible customer service.
The delivered goods remain our property until the purchase price has been paid in full.

§ 5 WARRANTY AND GUARANTEES

For any additional guarantees that may apply and the exact conditions for this, we refer you to the product descriptions and special information pages on our website. There you will find detailed information about any additional warranties that may apply to each product.

§ 6 LIABILITY FOR DEFECTS

Unless expressly agreed otherwise below, the statutory liability law applies.
The following restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents

in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty or fraud
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed, or
as far as the scope of application of the Product Liability Act is opened.

For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

§7 RIGHT OF WITHDRAWAL

If you are a consumer within the meaning of Section 13 of the Civil Code, you have a right of withdrawal in accordance with the legal provisions.
Otherwise, the regulations set out in detail below apply to the right of withdrawal

Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must contact us

Gourmetia OHG, Am Giener 14, 55268 Nieder-Olm, Germany ; Telephone: +49 (0) 61369544316
Email: info@gourmetia.de
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the low-cost standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)

At
Gourmetia OHG
On Giener 14
55268 Nieder-Olm
Germany
Telephone: +49 (0) 61369544316
Email: info@gourmetia.de

— I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for paper notification)
- Date
(*) Delete what is not applicable

§8 COPYRIGHTS

We have copyright to all images, films and texts published in our online shop. Reproduction, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator.

§9 CODE OF CONDUCT

The seller has subjected himself to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf .

§10 APPLICABLE LAW, JURISDICTION, OTHER

The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods.
The contract language is German.
The European Commission provides a platform for online dispute resolution (OS), which you can find at the following link: https://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
If the customer does not have a general place of jurisdiction in Germany or in another EU member state, or if you are a merchant or a legal entity under public law, or if you have moved your permanent residence abroad after these General Terms and Conditions come into effect, or if your residence or usual place of residence is at the time of If legal action is not known, the place of jurisdiction is the registered office of the provider