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Allgemeine Geschäftsbedingungen

Terms and consumer information

§ 1 Basic Provisions

 (1)  The following terms and conditions apply to all contracts between Calcutta and restaurants Handels GmbH, Bleibtreustr. 17, 10623 Berlin, Germany - hereinafter referred to providers - and the customer, which on the website  www.vanillamart.de be closed by the seller. Unless otherwise agreed, the inclusion of the customer's own terms is contradicted.

(2)   consumer within the meaning of the following rules shall mean any natural person who enters into a legal transaction for a purpose that can not be attributed neither commercial nor their independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, who concludes a legal transaction in the exercise of their professional or commercial activity.

(3)  The contract language is German.

§ 2 Subject matter

Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods can be found in the item description and additional information on the website of the provider. 

§ 3 Conclusion of the Contract

(1)      The product representations of the provider on the Internet do not constitute a binding offer to conclude a contract, but an invitation to submit an order (offer of the customer). Buyer via the online order form for purchase intended goods in the "basket" stored . using the appropriate button on the navigation bar, the customer can call the "shopping cart" and then make changes at any time. After calling the page "Checkout" and entering your personal details and payment and shipping terms, all order data will be finally again displayed on the order summary page . before sending the order the customer has the opportunity here to check all the details again to change (also using the "back" of the Internet browser) or cancel the purchase. By submitting the order to the appropriate button, the customer makes a binding offer to the seller. Customers receive an automatic email on the receipt of his order, which does not leads to the conclusion of the contract.

(2)   Acceptance of the offer (and therefore the contract) shall in all cases by confirmation in writing (eg email), in which the customer confirms the order processing or delivery of goods or., by sending the goods If the customer within 5 days have not received a confirmation or notice of the shipment or any goods that he is no longer bound to his order. If necessary services already rendered will be refunded immediately in this case.

(3) occurs, the processing of the order and submission of all information required in connection with the conclusion of the contract by email automated. The customer must, therefore, ensure that the instrument deposited by him offered e-mail address is correct, the receiving of emails technically assured and in particular not is prevented by SPAM filters.

§ 4 Prices, Shipping Costs

(1)   References in the respective offers prices and shipping costs are final; they include all price components, including all applicable taxes

(2)  The customer receives an invoice including VAT.

§ 5 Payment and shipping terms

(1)  The conditions for payment and shipping can be found under the same button in the navigation.

(2)   Unless otherwise specified in the individual methods of payment, the payment of claims from the completed contract immediately due for payment.

(3)  If the ordered product the customer contrary to expectations not available, despite prompt conclusion of an adequate hedging transaction from one of the suppliers for reasons beyond the customer will be informed immediately of the unavailability and refunded in case of withdrawal payments already made ​​immediately.

(4)   For consumers is regulated by law, that the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods passes to the customer, regardless of whether the shipment is insured or uninsured occurs. If the customer entrepreneurs, supply and shipment is made ​​at his own risk.

§ 6 Warranty

(1)   The statutory provisions.

(2)  As a consumer is asked to examine the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the carrier as soon as possible notify complaints by the customer. If the Customer does not comply, this has no effect on the statutory warranty claims.

(3) If the customer is an entrepreneur, notwithstanding paragraph 1: a)   only their own information by the provider and the manufacturer's product description shall be deemed agreed, but no other advertising, promotions and public statements by the manufacturer as a condition of the goods.

b)   The customer is obliged to inspect the goods promptly and with due attention to the quality and quantity variances and obvious defects within 7 days from receipt of the goods the seller in writing, the deadline extends the time limit. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.

c)  In case of defects of the provider shall, at its option by repair or replacement. If the repair fails twice, the customer may request a reduction or withdraw from the contract after his election. In case of repair, the provider does not have to bear the increased costs incurred by the shipment of the goods at a place other than the place of performance, provided that the shipment does not match the intended use of the goods.

d)  The warranty period is one year from date of delivery. The shortened warranty period does not apply to the seller attributable culpably caused damage arising from injury to life, body or health, and grossly negligently or intentionally caused damage or malice of the provider, as well as recourse under § § 478, 479 BGB.

§ 7 Liability

(1 ) The provider shall be liable in each case without limitation for damages resulting from injury to life, body or health, for in all cases of intent and gross negligence, fraudulent concealment of a defect, warranty coverage for the condition of the purchased item, damage the Product Liability Act and in all other cases established by law.

(2)   If material contractual obligations are concerned, the liability of the provider for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations that the seller imposes the contract according to its content for purpose of the contract, which makes the proper execution of the contract possible in the first may go on and on which the customer rely.

(3)  the liability is excluded for slight negligence case of breach of minor contractual obligations. (4)   Data communication over the Internet can not error-free and / or available at all times at the current state of the art can be guaranteed. The provider is liable to the extent either for the continuous still uninterrupted availability of the Website and the services offered there.

§ 8 Applicable Law, Place of Performance, Place of Jurisdiction

(1)  German law shall apply to the exclusion of the UN Sales Convention. For consumers only, this choice of law insofar as this does the protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is not deprived (favourability).

(2)  The place of performance for all obligations of the business as well as existing jurisdiction with the seller is the seat of the provider, if the customer is not a consumer, but a merchant, legal entity under public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.