(1) The following general Terms of and Conditions (GTC) of Borrelli Fine Foods GmbH – Schleißheimer Str. 108, 85748 Garching b. München (“Company”) apply to all contracts concluded between the Company and you (“Customer”) via this online shop. The inclusion of own conditions of the Customer is contradicted, unless something else is expressly agreed.
(2) Customers within the meaning of paragraph 1 are both consumers and entrepreneurs, where a consumer is any natural person who concludes a legal transaction for a purpose, which can be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal personality who, in the course of entering into a legal transaction, is exercising his or her independent professional or commercial activity.
2. Conclusion of contract
(1) The product descriptionon Company´s online shop serve to enable the Customer to submit a legally binding offer.
(2) The Customer can submit the offer via the online order form integrated in the online shop of the Company. When placing an order via the online order form, the Customer, after entering his personal data and clicking on the “buy now” button, submits in the final step of the ordering process a legally binding contract offer with regard to the goods contained in the shopping cart.
(3) The Company will immediately confirm receipt of the customer’s offer by electronic means (fax or e-mail). This confirmation of receipt does not constitute acceptance of the contract offer. The Company can accept the offer of the Customer by a written (letter) or electronically transmitted (fax or e-mail) order or dispatch confirmation within five days or by delivery of the goods. The seller is entitled to refuse to accept the order.
3. Right of withdrawal
(1) If you are a consumer (a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) The following applies to the right of withdrawal in the following withdrawal policy.
Information about the right of withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must contact us, the Borrelli Fine Foods GmbH – Schleißheimer Str. 108, 85748 Garching b. Munich, +49 (0) 89/23 75 23 75, firstname.lastname@example.org, by means of a clear declaration (e.g. by mail letter, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to meet the withdrawal period, it is sufficient for you to send respective notification of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
4. Prices and shipping costs
(1) All prices in our online shop are gross prices including the applicable statutory VAT and are plus shipping costs.
(2) The shipping costs are stated in our prices in our online shop. The price including VAT and shipping costs will also be displayed in the order form before you submit the order.
5. Retention of title; On Bill; lien
(1) For consumers, we reserve the ownership of the purchased item until full payment of the invoice amount. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or special fund under public law, we reserve the ownership of the object of sale until the settlement of all outstanding claims from the business relationship with the purchaser. The corresponding security rights are transferable to third parties.
(2) You are only entitled to set-off if your counterclaims that have been legally established, are undisputed by us or are ready for decision. In addition, you have a right of retention only if and to the extent that your counterclaim is based on the same contractual relationship. In the case of deficiencies in the delivery, the opposing rights of the Customer remain in accordance with Paragraph 6 unaffected.
6. Liability for defects
(1) The Company is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(2) As far as you are a consumer, we ask you, as soon as possible to inform our customer service for goods that are delivered with obvious transport damage / defects. We point out that the omission of an immediate complaint has no consequences for your statutory warranty rights. But they help us to fulfill our own demands, e.g. to claim against the shipping company.
(3) Insofar as you are an entrepreneur and have made the order of goods in the exercise of your independent professional or commercial activity, the statutory provisions on inspection and notification of defects in accordance with § 377 HGB apply.