Terms of service

General Terms and Conditions with Customer Information

Area of validity
Conclusion of contract
Prices and terms of payment
Delivery and shipping conditions
Right of withdrawal
Retention of title
Liability for defects
Redemption of gift vouchers
Applicable law
Place of jurisdiction
Information on online dispute resolution
Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Caviar Tresor Delikatessen
GmbH & Co KG" (hereinafter referred to as the "Seller"), shall apply to all contracts concluded by a consumer or an
(hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in its online store.
offered by the Seller in his online shop. The inclusion of the customer's own terms and conditions is objected to, unless
unless otherwise agreed.
1.2 These Terms and Conditions shall apply mutatis mutandis to the purchase of vouchers, unless and to the extent that expressly
deviating is regulated.
1.3 A consumer is any natural person who enters into a legal transaction for a purpose which is predominantly
neither their commercial nor their independent professional activity can be attributed.
1.4 An entrepreneur is a natural person or legal entity or a partnership with legal capacity who, when concluding a legal transaction
legal transaction in the exercise of his commercial or self-employed professional activity.
professional activity.
Conclusion of contract
2.1 The presentation of the goods, in particular in the online store, does not constitute a binding offer of the seller.
represent.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step begins the
In the subsequent step, the order process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after
confirmation of this order and contract data by clicking on the button that concludes the order process.
the customer makes a binding offer to purchase the goods contained in the shopping cart.
The customer can also make this offer by fax, email, mail or telephone to the seller.
by telephone.
2.3 The Seller accepts the Customer's offer by the following possible alternatives:
Sending a written order confirmation or an order confirmation in text form (fax or email)
or
requesting payment from the customer after the order has been placed
or
Delivery of the ordered goods
Decisive for the time of acceptance is the first occurred alternative.
The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and
ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the
If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute a rejection of the offer. The
customer is then no longer bound to his declaration of intent.
2.4 The text of the contract concluded between the seller and the customer is stored by the seller.
stored by the seller. The customer can view the General Terms and Conditions at any time on this page.
view. The order data, the cancellation policy and the general terms and conditions will be sent to the customer by email.
After completion of the order, the text of the contract can no longer be viewed online by the customer.
2.5 All entries made are displayed before the order button is clicked and can be viewed and edited by the customer before the order is sent.
order and can be corrected by pressing the back button of the browser or the usual mouse and keyboard functions.
mouse and keyboard functions. In addition, the customer, if available,
buttons for correction are available to the customer, which are labeled accordingly.
2.6 The contractual language is German.
2.7 It is the responsibility of the customer to provide a correct email address for contacting and processing the order, and to use the
and to set the filter functions in such a way that emails relating to this order can be delivered.
can be delivered.
2.8 If the purchase contract relates to alcoholic beverages, the customer must ensure that he or a
authorized person of full age is allowed to receive the goods. The customer further declares by sending his order
order that he has reached the legal minimum age required for the sale of alcoholic beverages.
has been reached.

Prices and terms of payment
3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
agreed otherwise.
If additional shipping costs are incurred, this can be found in the product description.
3.2 The customer can select the payment methods available in the online store.
3.3 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
conclusion of the contract.
3.4 In the case of payment by "PayPal", payment shall be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-
24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These are under
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.3.5 In case of payment via "PayPal Direct Debit", the collection of the receivable shall be effected by PayPal after issuance of a
SEPA direct debit mandate and after the expiry of the period for advance information on behalf of the seller from the
bank account of the customer. Preliminary information is the announcement of the seller to the customer that his
account will be debited by means of a SEPA direct debit and may, for example, take the form of an invoice or a
contract. If the direct debit cannot be honored due to insufficient funds in the account or due to the provision of incorrect
bank details or if the customer objects to the direct debit without being entitled to do so, the customer shall
the customer shall bear the fees incurred by the respective bank for the chargeback, if the customer has
if he is responsible for this. The remaining contractual relationship and rights and obligations
vis-à-vis the seller and the seller shall remain unaffected by payment by direct debit.
3.6 In the case of payment on account via "PayPal Invoice", payment processing is carried out by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice.
unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to purchase on account after a credit check, the seller assigns his claim to PayPal.
to PayPal, therefore payment can only be made to PayPal with debt-discharging effect.
The rest of the contractual relationship, as well as rights and obligations to the seller and the seller remain
unaffected by this method of payment.
otherwise, the general terms of use for the use of PayPal's purchase on account apply:
https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
3.7 In the case of payment by "SOFORT", the payment will be processed by the payment service provider SOFORT
GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to use this payment method
the customer needs an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT".
PIN/TAN procedure, with which he/she can legitimize himself/herself during the payment process and can
confirm the payment instruction to "SOFORT". The payment will be processed immediately after the
payment transaction by "SOFORT" and the customer's bank account will be debited. Further information
on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
Delivery and shipping conditions
4.1 The delivery of goods by shipping is made to the delivery address specified by the customer.
Deviating from this, in the case of payment via PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
at the time of payment shall be decisive.
4.2 If the Seller suffers any loss due to the provision of an incorrect delivery address or an incorrect addressee
or other circumstances that lead to the impossibility of delivery, these are to be replaced by the customer, unless he has
customer, unless he is not responsible for the incorrect information or impossibility. The same shall apply in the
case that the customer was temporarily prevented from accepting the service, unless the seller has given him
the performance beforehand in a reasonable manner. Excluded from this provision are the costs of
Hinsendung, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal
or the regulation made by the seller.
4.3 Self-collection is not offered.
4.4 Vouchers are provided to the customer in the following form:
by e-mail
by download
by post
Right of revocation
5.1 If the customer is a consumer, he is generally entitled to a right of revocation.
5.2 The Seller's cancellation policy shall apply to the right of cancellation.
5.3 Consumers who at the time of the conclusion of the contract do not belong to a member state of the European Union and whose sole place of
European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the
European Union at the time of conclusion of the contract, shall have no right of withdrawal.
Retention of title
If the seller makes an advance payment, the goods remain the property of the seller until full payment of the purchase price.
property of the seller.
Liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.
unless otherwise agreed in these terms and conditions.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the
and to inform the seller thereof. Failure to do so shall have no effect whatsoever on
the customer's legal or contractual claims for defects.
Redemption of gift vouchers
8.1 Gift vouchers that have been purchased via the Seller's online store
("Gift Vouchers"), can also only be redeemed in the Seller's online store.
8.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year
be redeemed after the year of the voucher purchase. Any remaining credit will be credited to the customer's voucher account
credited to the customer's voucher account.
8.3 Gift vouchers can only be redeemed before the order process is completed. A
subsequent redemption does not take place.
8.4 Only one gift voucher can be redeemed per order. The redemption of several gift
Gift Vouchers in one order is not possible.
8.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional Gift Vouchers cannot be paid for by Gift Voucher.
8.6 If the value of a gift voucher is not sufficient to pay for the respective order, the difference can be paid by the customer.
the difference can be paid by one of the other payment methods offered.
8.7 Credit balances on gift vouchers are not paid out and do not bear interest.
8.8 Gift vouchers are generally transferable.
The seller may with discharging effect to the customer redeeming the respective gift voucher,
make payment. This does not apply if the seller is aware or grossly negligent ignorance of the possible
of the ineligibility, legal incapacity or lack of power of representation of the respective holder.
has.
Applicable Law
9.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the laws on the international
purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions
of the country in which the customer has his habitual residence as a consumer shall remain unaffected.
unaffected.
9.2 This choice of law made here shall not apply with regard to the statutory right of withdrawal for consumers,
if they do not belong to a member state of the European Union at the time of the conclusion of the contract, and
and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
Union at the time of conclusion of the contract.
Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its
special fund with its registered office in the territory of the Federal Republic of Germany, the exclusive place of
place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business.
If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the
Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if this contract or
contract or claims arising from this contract can be attributed to the professional or commercial activity of the customer.
can be attributed to the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to call upon the court at the customer's registered office.
to call.
Information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link:
https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
obligated nor willing.