General Terms and Conditions

General Terms and Conditions

§ 1 Scope Of Application

All orders placed at our online shop "Gourmet-Web.com" by consumers and entrepreneurs are subject to the following General Terms and Conditions.

Consumer is every natural person who concludes a legal transaction for purposes that are not mainly attributed to their commercial or professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity that concludes a legal transaction as part of their commercial or professional activity.

Without having to expressly refer to them once again, these General Terms and Conditions also apply to future business relationships with entrepreneurs. Should the entrepreneur use conflicting or supplementary General Terms and Conditions, these will not become part of the contract unless we expressly agree to them.

§ 2 Preliminary Remark

The seller is only prepared to conclude contracts with persons of legal age who are able to aquire rights and enter into obligations by concluding them.

§ 3 Contractual Partner, Conclusion Of Contract

The sales contract is concluded with Romefort trading Ltd.

By displaying items in our online shop, we submit a binding offer to sell these articles. You are entitled to place items into the shopping basket without obligation and correct your data before placing a binding order at any time by using the provided tools. The contract is concluded by clicking the order button "buy". As a result, you accept the offer of the items contained in your shopping basket. Shortly after submitting your order, you will receive an order confirmation.

The language available for the conclusion of the contract is English.

We save the text of the contract and send you your order data as well as our General Terms and Conditions by email. You are also able to view and download our General Terms and Conditions on this site at any time. You can view your previous orders in your customer account.

§ 4 The Seller's Right To Withdraw From The Contract

The seller is entitled to withdraw from the contract if the buyer does not pay as agreed by advance payment, PayPal or credit card within 7 days after an additional payment request or if the buyer does not accept delivery of the goods sent to him.

§ 5 Terms Of Delivery

All stated item prices do not include shipping costs. Please have a look at the respective offers to learn more about the shipping costs.

§ 6 Payment

Our online shop offers the following payment methods:

Bank transfert

If you choose to pay in advance, we include our bank details in the order confirmation and dispatch the ordered goods after receipt of payment.

PayPal Express

In the ordering process, you are forwarded to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register, authenticate with your access data and confirm payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.

PayPal Plus

As part of the PayPalPlus payment service, we offer various payment methods as PayPal services. You will be redirected to the website of PayPal. There you can specify your payment data, confirm the use of your data by PayPal and payment instructions to PayPal.

If you have selected the PayPal payment method, you must be registered there, or have to register and authenticate with your access data, in order to be able to pay the invoice amount. The payment transaction is automatically executed by PayPal immediately after confirmation of the payment instruction. You'll get more information during the ordering process.

If you have chosen the payment type credit card, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out by your credit card company immediately upon confirmation of the payment instruction and your legitimation as a legal cardholder at the request of PayPal and your card will be debited. You'll get more information during the ordering process.

If you have selected the payment method direct debit, you do not have to be registered with PayPal in order to pay the invoice amount. With confirmation of payment instructions, you issue PayPal a direct debit mandate. You will be informed by PayPal about the date of the account balance (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instructions, PayPal asks its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You'll get more information during the ordering process.

If you have chosen the payment method Invoice, you do not have to be registered with PayPal in order to be able to pay the invoice amount. After successful address and creditworthiness checks and placing of the order, we withdraw our claim to PayPal. In this case, you can only pay to PayPal with a debt-free effect. For the payment processing via PayPal - in addition to our general terms and conditions - the terms and conditions and the data protection of PayPal apply. Further information and the full terms and conditions of PayPal for the purchase of the purchase can be found here: https://www.paypal.com/en/webapps/mpp/ua/pui-terms?locale.x=en_GB.

§ 7 Reservation Of Ownership

The goods shall remain our property until receipt of full payment.

In addition, the following applies to entrepreneurs: should we have an existing business relationship, we reserve ownership of the goods until all bills outstanding have been paid in full. You are entitled to resell the goods subject to retention of title as part of normal business operations. However, you hereby assign to us in advance any claims arising from such resales, regardless of any connection of the goods subject to retention of title to a new object , in the value of the invoice amount, and we accept this assignment. You shall remain entitled to recover the amounts due from your customers; however, we too are entitled to recover the amounts due should you not meet your payment obligations.

§ 8 Damage In Transit

The following applies to consumers: If goods that have obviously been damaged during transit are delivered, please make an immediate complaint to the delivery agent and contact us without undue delay. Should you fail to make a complaint or should you not contact us, this will not have any consequences regarding your legal claims or the enforcement of your warranty rights. However, you would help us enforce our own rights towards the carrier or transport insurance.

The following applies to entrepreneurs: as soon as we hand over the goods to the freight forwarder, carrier or any other persons or companies commissioned with shipment, the risk of accidential loss and accicential deterioration of the goods will pass on to you. Among business people, the obligation of inspection, notification and rejection in accordance with § 377 HGB (German Commercial Law Code) apply. Should you fail to meet this obligation, the goods are considered to be accepted unless the defect could not even be detected during a thorough inspection. This rule does not apply should we have maliciously concealed a defect.

§ 9 Warranties

Unless expressly stated below, the statutory warranty rights are part of our contracts.

For consumers, the limitation period for submitting claims for defects on used items amounts to one year starting from the delivery of the goods.

For entrepreneurs, the limitation period for submitting claims for defects amounts to one year from the day of transfer of risk. The legal limitation periods concerning the right of recourse in line with § 478 BGB (German Civil Code) shall remain unaffected.

In business dealings with entrepreneuers, only the information regarding the condition of the items provided by us as well as the product descriptions of our suppliers included in the contract shall apply. We do not accept liability for public statements of any manufacturer and their advertising messages.

Should the item delivered be defect, we are entitled to decide first whether we wish to remove the defects (rework) or deliver an item without any defects (substitute delivery) in our business dealings with entrepreneuers.

The above-mentioned limitations and reductions of time-limits do not apply to claims that have their cause in defects caused by us, our legal representatives or agents.

If there is harm to life, body or health
or in case of intentional or grossly negligent breach of duty as well as fraud
or in case of breach of fundamental contractual obligations whose fulfilment is essential in order to fulfil the contract properly and on the adherence to which the other contracting party may generally rely (cardinal duties)
within the scope of a promise of warranty provided that this has been agreed upon
and provided that it is included in the scope of the Product Liability Law.
For further information regarding possible additional warranties and their exact condtions, please have a look at the individual product sites as well as the special information sites in our online shop.

§ 10 Liability

For claims that have their cause in defects caused by us, our legal representatives or agents, we accept full liability.

If there is harm to life, body or health
or in case of intentional or grossly negligent breach of duty
within the scope of a promise of warranty provided that this has been agreed upon
provided that it is included in the scope of the Product Liability Law.
If the breach of fundamental contractual obligations whose fulfilment is essential in order to fulfil the contract properly and on the adherence to which the other contracting party may generally rely (cardinal duties) is caused by slight negligence by us, our legal representatives or agents, the liability shall be limited to the amount to which the occurence of damage, which generally has to be expected, was foreseeable at the time of contract conclusion.

Apart from that, claims for damages are excluded.

§ 11 Dispute settlement

The European Commission provides a platform for online dispute resolution, which can be found at https://ec.europa.eu/consumers/odr/ .
We are not obligated or unwilling to participate in a dispute settlement procedure before a consumer sacking agency.

§ 12 Final Clauses

Should one of these General Terms and Conditions be invalid, the validity of the remaining clauses shall remain unaffected. In this case, the invalid clause is replaced by the respective applicable statuory rule.

If you are an entrepreneur, German Law with the exclusion of the UN Sales Convention shall apply.
If you are business person in the sense of the German Commercial Code, a legal person under public law or special fund under public law, then our place of business shall be the place of jurisdiction concerning all disputes that may arise from contractual relationships.

§ 13 Validity

Any previous General Terms and Conditions shall be void upon appearance of these General Terms and Conditions.

General Terms and Conditions as of 17 October 2017