Terms and Conditions
Table of Contents
A. General Terms and Conditions
1 Scope
2 Conclusion of Contract
3 Return Costs when Exercising the Right of Withdrawal
4 Prices and Payment Terms
5 Delivery and Shipping Terms
6 Liability for Defects
7 Applicable Law
B. Customer Information
1 Information on the Identity of the Seller
2 Information on the Essential Characteristics of the Goods or Services
3 Information on the Formation of the Contract
4 Information on Payment and Delivery
5 Information on the Technical Steps Leading to the Conclusion of the Contract
6 Information on the Storage of the Contract Text
7 Information on the Technical Means to Detect and Correct Input Errors
8 Information on the Languages Available for Concluding the Contract
9 Information on Out-of-Court Online Dispute Resolution (ODR Platform)
A. General Terms and Conditions
1 Scope
1.1 These terms and conditions of Via del Gusto Online Shop apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods and/or services displayed by the Seller in the online shop. The inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in exercise of their trade or profession.
2 Conclusion of Contract
2.1 The product presentations in the Seller’s online shop do not constitute binding offers by the Seller, but serve for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated in the Seller’s online shop. In doing so, after entering personal data and clicking the button that completes the order process, the Customer submits a legally binding offer for the goods contained in the shopping cart.
2.3 The Seller may accept the Customer’s offer by sending an order confirmation in writing (letter) or electronically (fax or email) or by dispatching the goods within five days. The Seller is entitled to refuse acceptance of the order.
2.4 Order processing and contact generally take place by email and automated order handling. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned with order processing can be delivered.
3 Return Costs when Exercising the Right of Withdrawal
You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. We bear the costs of returning the goods.
4 Prices and Payment Terms
4.1 The prices stated by the Seller are final prices and include statutory VAT. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.
4.2 Various payment options are available to the Customer, which are specified in the Seller’s online shop.
4.3 If advance payment has been agreed, payment is due immediately upon conclusion of the contract.
5 Delivery and Shipping Terms
5.1 Delivery of goods is regularly carried out by shipping to the delivery address specified by the Customer. For processing the transaction, the delivery address specified in the Seller’s checkout is decisive. By way of exception, if PayPal is selected as the payment method, the delivery address stored by the Customer at PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the cost of the unsuccessful shipment. This does not apply if the Customer effectively exercises the right of withdrawal by refusing acceptance, if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service a reasonable time in advance.
5.3 As a rule, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer or a person authorized to receive them upon handover. If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a sale by dispatch passes to a suitable transport person upon handover at the Seller’s place of business.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded without delay.
5.5 Collection by the Customer is not possible for logistical reasons.
6 Liability for Defects
The statutory liability for defects applies.
7 Applicable Law
7.1 All legal relations between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
7.2 If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer’s seat is outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s trade or profession. In the foregoing cases, the Seller is, however, in all cases entitled to bring an action at the Customer’s place of business.
7.3 The contract language is German.
B. Customer Information
1 Information on the Identity of the Seller
TENZIO Online Shop
Ringstraße 15
57629 Müschenbach
Owners: Kasim Hamad, Marlon Hehl
VAT identification number pursuant to § 27 a of the German VAT Act:
2 Information on the Essential Characteristics of the Goods or Services
The essential characteristics of the goods or services can be found in the respective product description provided by the Seller.
3 Information on the Formation of the Contract
The contract is formed in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).
4 Information on Payment and Delivery
Payment is made in accordance with Section 4 and delivery in accordance with Section 5 of the Seller’s General Terms and Conditions (see above).
5 Information on the Technical Steps Leading to the Conclusion of the Contract
To submit an offer via the Seller’s online order form, the Customer must complete the following technical steps:
5.0.1 Place the desired item in the virtual shopping cart
5.0.2 Log in to the online shop by entering a user ID and password or—if no customer account exists—enter order details in the form provided
5.0.3 Enter billing and delivery address
5.0.4 Select the desired shipping method
5.0.5 Select the desired payment method
5.0.6 Review the order data
5.0.7 Submit the order
5.1 Acceptance by the Seller takes place in accordance with Section 2.3 of the Seller’s General Terms and Conditions (see above).
6 Information on the Storage of the Contract Text
The contract text is stored by the Seller and sent to the Customer after submitting the order together with these GTC and customer information in text form (e.g., letter, email). In addition, the contract text is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account using the corresponding login data, provided the Customer created a customer account in the Seller’s online shop before submitting the order.
7 Information on the Technical Means to Detect and Correct Input Errors
Before submitting a binding order, the Customer can correct entries at any time using standard keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding order is submitted and can also be corrected there using standard keyboard and mouse functions.
8 Information on the Languages Available for Concluding the Contract
Only the German language is available for concluding the contract.
9 Information on Out-of-Court Online Dispute Resolution (ODR Platform)
Please note that the link to the European Commission’s online platform for out-of-court online dispute resolution (ODR platform) is currently not yet available. We will provide the link here as soon as the ODR platform goes online. You can already view the following European Commission website for information: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm
Our email address is: Info@tenziolabel.com