General terms and conditions of business
(Status 05/22/2023)
§ 1 Scope
(1) The contractual partner for all orders placed as part of the online offer at www.tavazoeurope.com is the
Tavazo GmbH
Represented by their managing director Mohammad hossein mahdavian gohar
Jakobstrasse 15
45141 Essen
contact@tavazoeurope.com
(hereinafter „provider“)
(2) These general terms and conditions (GTC) apply to all contracts between the provider and the respective customer. With the conclusion of the contract, the customer accepts the exclusive validity of these General Terms and Conditions. The customer´s general terms and conditions do not become part of the contract unless the parties have agreed to this in writing.
(3) The general terms and conditions of the provider also apply if the delivery to the customer is carried out without reservation in the knowledge of conflicting or deviating conditions.
§ 2 Conclusion of contract
(1) The goods presented in the provider´s web shop do not constitute an offer in the legal sense. They are to be understood as a non-binding invitation to the customer to submit a corresponding offer himself.
(2) To submit an offer, the customer must select the desired items in the web shop an place them in the digital “shopping cart”. After providing the necessary and correct/truthful data of the customer as well as the preferred payment method, the customer makes a binding offer to conclude a purchase contract by clicking on the “Buy now” button. Orders can only be placed via the online shop; telephone orders and those by fax will not be processed.
(3) Orders can be placed both with and without prior registration on the website. In any case, the prerequisite for submitting an offer is truthful information from the customer. With regard to setting up a user account, reference is made to Section 3 of these General Terms and Conditions.
(4) After the customer has submitted an offer for the goods in his digital shopping cart, he will first receive confirmation of receipt of his offer. The provider will then check this offer and promptly, if the offer is accepted by the provider, accept it with an order confirmation. This order confirmation represents an acceptance in the legal sense through which the purchase contract with the customer comes about. The offer is accepted by the provider via e-mail. In cases where the customer has selected the payment method “payment in advance” or “on account”, acceptance is subject to the condition of timely payment.
(5) Note for consumers: You can use the reset button to correct or completely remove entered data at any time before submitting the order. Further correction options are displayed during the ordering process. The ordering process can also be ended completely at any time by closing the browser window. The provider points out that, depending on the browser settings, entries made before the closure are not saved and that the customer usually has to re-enter them as soon as he intends to place another order.
(6) A contract document of the order will not be made available to the customer beyond the order confirmation. The customer is required to back up his entries during or immediately after completing the ordering process if needed. For this purpose, the corresponding pages can be saved with the help of the browser menu, for example, or screenshots can be made for private use. Otherwise, all relevant information is compiled in the order confirmation.
§ 3 User account; Registration
(1) In order to set up a user account, the customer can click on the “Register” button within the provider’s web shop. For this purpose, the customer has to transmit the personal data required for registration, which result in detail from the input mask, to the provider in the input mask upstream of this button. The customer is then asked to protect his access with a secure password of his choice. The data protection declaration of the provider, which can be viewed at https://tavazoeurope.com/datenschutzerklaerung-2/, regulates the processing of the personal data collected in this way.
(2) The customer is obliged to provide complete and only truthful information regarding his personal data during registration. The provider expressly reserves the right to shut down or delete user accounts with intentional and/or obvious false information (“fake accounts”) without separate notification; the same applies if customers otherwise violate the provisions of these General Terms and Conditions.
(3) Unless otherwise agreed between the parties, the customer is only entitled to create a single user account.
(4) Unless otherwise agreed between the parties, the customer is not permitted to make his customer account available to a third party for use or to share it with the third party.
(5) Within the user account, the customer has the option of viewing and changing the personal data he has transmitted and of completely deleting his user account. As part of the order history, past orders can be traced on the provider’s website.
§ 4 Prices; terms of payment
(1) All prices shown in the Provider’s web shop are in euros (€) including the statutory VAT applicable at the time of the order and plus any packaging and shipping costs that may arise. These are displayed separately to the customer before the order process is completed. The prices at the time of the order apply.
(2) Upon conclusion of the contract, the total purchase price shown to the customer becomes due for payment.
(3) For payment processing, the customer can generally use the payment methods in advance by bank transfer, invoice, credit card, Maestro, PayPal, Sofortüberweisung and ApplePay (subject to availability in respective countries). The payment methods offered in each individual case depend on the creditworthiness of the customer. The provider expressly reserves the right to only enable certain payment methods for customers to reduce the credit risk.
(4) When paying by credit card, Apple Pay, PayPal, Maestro or Sofortüberweisung, the conditions of the payment method and provider selected by the customer apply accordingly. For the order to be successful, you must register with the respective payment provider using your data (usually name and password) and approve the payment process. Details can be found in the data protection declaration and the terms and conditions of the respective payment provider as well as the data protection declaration on the shop page. It is possible that you release us data that you have stored with the respective provider (e.g. shipping address) for use in the context of the purchase process.
(5) If the customer selects the “invoice” payment method, the amount shown is payable immediately and without deduction. The customer is not entitled to an independent discount deduction. This always requires a separate, written agreement with the provider.
(6) If the customer is in arrears with his payment, the provider is entitled to demand interest of five percentage points above the respective base rate for the duration of this arrears, insofar as the customer is a consumer. In all other cases, the default interest rate is nine percentage points above the respective base rate. The provider expressly reserves the right to claim higher damages caused by delay.
(7) A right of retention is excluded if and to the extent that this is not based on the same contractual relationship. This does not apply to the plea of non-performance of the contract.
(8) If the customer does not pay within a statutory period or a period specified between the parties, the provider can withdraw from the purchase contract.
(9) For payment amounts that cannot be redeemed or are returned due to objection, the provider is entitled to charge the customer 3% of the invoice amount – at least €5.00 – as a fee and expense allowance. This does not apply to payment amounts that were returned due to the exercise of a statutory right of withdrawal.
(10) If the customer receives a discount on the purchase price (graduation), shipping costs, an extra or free delivery (according to individual regulations or provisions on the website or in these General Terms and Conditions) due to exceeding a certain order amount, he will retain this discount / extra only be valid if the relevant order sum has still been reached even after any revocation or withdrawal has been exercised. Otherwise, the purchase price usually to be taken as a basis for the purchase quantity remaining after withdrawal or revocation (i.e. possibly without the staggering) as well as the shipping costs then usually incurred will be applied and retained from a reimbursement sum as a result of the revocation or revocation (offsetting). Additions that can no longer be claimed on the basis of the purchase price that can be determined after revocation or withdrawal can either be returned by the customer or are otherwise deducted in terms of value as part of the processing of the revocation / withdrawal and the repayment.
§ 5 Retention of title
(1) The provider expressly reserves ownership of the ordered goods until full payment has been received. The customer must treat the goods with care until the final transfer of ownership.
§ 6 Delivery; shipment
(1) After the customer’s order has been received by the provider and the latter has sent a corresponding order confirmation, the ordered goods will be delivered to the customer within the delivery time stated on the respective product page. The customer will receive a separate shipping confirmation via e-mail.
(2) As a rule, delivery will only take place after full payment has been received. On the basis of a separate agreement between the parties, goods that are not in stock can be ordered after partial payment.
(3) Shipping is by parcel post, depending on what is specified in the item description. Costs and other conditions apply according to the respective sub-page in the Provider’s web shop.
(4) The customer must bear any customs costs and other import fees that may arise.
(5) The Provider reserves the right to withdraw in cases in which ordered goods can no longer be delivered through no fault of the Provider due to force majeure and the procurement of the goods would therefore only be possible with disproportionate effort. In these cases, the customer will be informed immediately about this circumstance; Considerations already made will be reimbursed immediately.
(6) The provider expressly reserves the right to divide customer orders into individual deliveries. If costs arise as a result of such a partial delivery, the provider shall bear them.
(7) The delivery time specified on the respective product page is extended appropriately if the delivery is affected by force majeure. In particular, force majeure is equivalent to: subsequent difficulties in procuring materials, riots, strikes, lockouts, the outbreak of a pandemic, operational disruptions, fire, natural disasters, obstructions to transport, changes in legal provisions, official measures or regulations or the occurrence of other unforeseeable events that are beyond the seller’s sphere of influence lie and, from an objective point of view, were not culpably brought about by the latter. Should one of the above cases occur, the customer will be informed immediately. If the impediment to performance in the aforementioned cases lasts longer than four weeks, the customer is entitled to withdraw from the contract. Further claims, in particular for damages, do not exist in this case. This does not apply in cases of intent or gross negligence, in the case of assurances or if essential contractual obligations are violated through simple negligence or if liability is mandatory for contractually typical, foreseeable damages for legal reasons.
(8) If the delivery fails due to the fault of the customer, the customer shall bear the costs for this.
(9) Notice for consumers: As a customer of the provider, you expressly acknowledge that when ordering fresh food, refrigerated goods or goods to be refrigerated and other quickly perishable goods, deliverability is absolutely necessary on the first delivery attempt. In this case, non-acceptance justifies a default in acceptance, which means that you are responsible for the deterioration of the goods. For problems with the cooling of the goods in the event of timely delivery, you are of course entitled to the statutory warranty rights.
§ 7 Revocation (Right of Withdrawal)
Consumers domiciled or permanently resident within the EU are entitled to a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. In the following, the provider provides information about the statutory right of withdrawal to which the customer as a consumer is entitled.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier received or has received the goods, in the case of a contract for the delivery of goods in several partial shipments or pieces on which you or a third party designated by you, who is not the carrier, received the last installment or piece or, in the case of a contract for the regular delivery of goods over a specified period of time, on the day on which you or a third party named by you, who is not the carrier, have received or has received the first goods.
In order to exercise your right of withdrawal, you must inform us
Tavazo GmbH
Jakobstrasse 15
45141 Essen
contact@tavazoeurope.com
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation from for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Model withdrawal form
To
Tavazo GmbH
Jakobstrasse 15
45141 Essen
contact@tavazoeurope.com
I/we (*) hereby revoke the contract concludes by me/us (*) for the purchase of the following goods
Ordered on (*)/
Received at (*)
Name of consumer(s)
Adress of consumer(s)
Signature of consumer(s) (only if notification is on paper)
date
(*) Delete where not applicable.
Consequences of the revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is 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 the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Information on exercising the right of withdrawal
Unless the parties have agreed otherwise, a right of withdrawal does not exist in accordance with § 312 g BGB (German Civil Code) for the following contracts:
• Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection of determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• Contracts for the supply of goods that can spoil quickly or whose use-by date would quickly expire (e.g. fresh groceries);
• Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery;
• Contracts for the delivery of goods if these are inseparably mixed with other goods after delivery due to their nature;
§ 8 Transport damage
(1) If the customer is a consumer, the shipping risk lies with the provider, regardless of the shipping method selected. This reserves the right to reduce the economic risk by choosing insured shipping.
(2) In all other cases, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer when the goods are handed over to the customer or a person authorized to receive them, or in the case of mail-order sales when the goods are delivered to a suitable transport person.
(3) The customer is obliged to report obvious transport damage immediately to the deliverer and to contact the provider. If the customer is a consumer, failure to comply with the obligation from sentence 1 has no negative consequences. The provider solely pursues its legitimate interest in enforcing its own claims against the carrier or the transport insurance company in these cases. The consumer’s notification expressly does not affect the warranty claims.
§ 9 Indemnification and limitation of liability; warranty
(1) In the event of intent or gross negligence, the provider is liable without limitation for all damage caused by it. In the event of slight negligence, the provider is liable without limitation in the event of injury to life, limb or health. Otherwise, the provider is only liable if an essential contractual obligation has been breached. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user can regularly rely. In these cases, the liability of the provider is limited to compensation for the foreseeable, typically occurring damage.
(2) Insofar as the liability of the provider can be excluded or limited according to paragraph 1, this also applies to its vicarious agents.
(3) Any liability under the Product Liability Act remains unaffected by the aforementioned limitation of liability.
(4) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The provider is therefore not liable for the constant and uninterrupted availability of the online offer.
(5) Information, drawings, illustrations, descriptions of weight, dimensions and performance contained in brochures, catalogues, circulars, advertisements or price lists are of a purely informational nature. The provider assumes no liability for this information. With regard to the type and scope of the delivery, only the information contained in the order confirmation is decisive.
(6) The Provider will inform the customer of any allergens (e.g. peanuts, mustard, celery) that may be contained in the products sold via the Provider’s web shop in the context of the respective product view or information. It is the customer’s responsibility to take note of such information in order to find out about the possible content of allergens.
(7) The customer´s warranty rights are determined by the valid and applicable law.
(8) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period is one year.
§ 10 Data Protection
(1) The provider only processes personal data of your customers in compliance with legal provisions on data protection. Reference is made to the data protection declaration of the provider at https://tavazoeurope.com/datenschutzerklaerung-2/.
§ 11 Other Provisions
(1) Upcoming changes or additions to these GTC will be communicated to the customer one month before they come into effect by e-mail or in the corresponding user area. If the customer does not object to the changed or supplemented terms and conditions within one month after this notification, the consent is deemed to have been given.
(2) The place of jurisdiction and fulfillment is the registered office of the provider. This only applies if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no registered office or habitual residence in the Federal Republic of Germany at the time the action is filed.
(3) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention, even if the customer is based abroad. However, German law does not apply to consumers with permanent residence outside of Germany, insofar as the national law of the consumer contains regulations from which the consumer cannot deviate by contract; in such cases, the mandatory national consumer protection regulations of the country in which the consumer has his permanent place of residence apply.
(4) Should a provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. If a provision is ineffective, the provider and the customer are obliged to negotiate an effective and reasonable replacement provision that comes as close as possible to the economic purpose pursued by the parties with the ineffective provision.
§ 12 Out-of-court dispute resolution
(1) At http://ec.europa.eu/consumers/odr, the European Commission provides an internet platform for the out-of-court settlement of consumer disputes arising from online sales contracts and online service contracts.
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.