Terms and Conditions
These are the general terms and conditions of Black Sheep Gastroservice SLU (GTC).
1 General, Scope of Application
1.1.
The following terms and conditions apply to all offers, deliveries and services of Black Sheep Gastro Service SLU, (hereinafter referred to as the seller), on the domain
https://deutsche-wurst-manufaktur.com
https://ostdeutsche-spezis.online
http://www.spreewald-mallorca.com
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The inclusion of the customer's own general terms and conditions is objected to, unless the parties agree otherwise.
1.2.
A consumer is any natural and legal person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
2 Offers, order confirmation, conclusion of the contract
2.1.
The customer can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in a virtual shopping cart. The corresponding button in the navigation bar can be used to call up the "shopping cart" and change the composition. If the customer is satisfied with the cart composition, they can proceed in the ordering process. After entering or checking the personal data as well as the payment and shipping conditions, all order data will be displayed again on an overview page.
Insofar as the customer does not want to do so – if necessary. – instant payment system "PayPal – Express" by clicking on the appropriately labelled button integrated in the shop system, he will be redirected to the PayPal log-in page. After successful registration, the address and account data stored with PayPal will be displayed. After confirming the data on the PayPal page, the customer will be redirected back to our online shop on the order overview page.
Before sending the order, the customer has the opportunity to check all the information again, to change it (also via the "back" function of the internet browser) or to cancel the purchase. By submitting the order via the button "Order with obligation to pay", the customer submits a binding offer to us.
2.2.
Your order via our above-mentioned online shop represents an offer to us to conclude a purchase contract. The Seller may accept the Customer's offer within five days after the Customer has sent his offer, - by sending the Customer an order confirmation, whereby the conclusion of the contract is to be based on the receipt of the order confirmation by the Customer, or - by the Seller delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is to be taken into account, or – by asking the Customer to pay after placing the order. If several of the aforementioned alternatives exist, the contract is concluded at the time when the first alternative occurs. If the offer is not accepted within the period, the customer is no longer bound by his offer.
If you select a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time when the Customer clicks on the button that completes the order process.
2.3.
The text of the contract is not stored by the seller and can no longer be retrieved after the order process has been completed. However, the customer can print out the order data immediately before sending it using the print function of his browser and will receive an e-mail after the order in which the customer's order is listed again.
2.4.
The order processing and contact take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him is correct so that the e-mails sent by the Seller can be received at this address. When using SPAM filters, it must be ensured that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3 Prices
All prices are in euros and include the statutory sales tax and are exclusive of shipping and packaging costs, which are stated in the product description and in the shopping cart, if applicable. If the shipment takes place outside the European Union, further costs may be incurred, which are to be borne by the customer, provided that these additional costs are not attributable to the seller
4 Delivery
4.1.
Delivery is made by sending the goods from the warehouse to the address provided by the customer. If the customer uses the payment method PayPal, the delivery address stored there applies.
4.2.
If the customer is in default with the acceptance of the goods, he must bear the costs of a new delivery, insofar as the unsuccessful first delivery is attributable to the customer and he has not made use of his right of withdrawal.
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4.3.
A delivery guarantee is generally excluded. If the customer has already paid for the item, the customer will be offered an alternative delivery date or a refund.
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5 Payments
5.1.
The payment options will be communicated to the customer separately during the ordering process and in the seller's webshop. If advance payment has been agreed, payment is due immediately after conclusion of the contract.
5.2.
If you select a payment method offered via the "PayPal" payment service, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes an advance payment to the customer (e.g. purchase on account or payment in instalments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of revocation and dispatches or credit notes.
6 Right of withdrawal for distance contracts for consumers
Unless otherwise agreed, a right of withdrawal does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period of time for the provision of services. According to this, a right of revocation is also excluded in the case of contracts that have as their object the sale of tickets for time-bound leisure events.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods. To exercise your right of withdrawal, you must contact us
Black Sheep Gastro Service SLU
Bulevard de Peguera 26
07160 Peguera
Balearic Islands
Spain
http://www.black-sheep-group.com
Phone: +34 871 25 30 82
NIF number: B56840127
UID (IVA) Number: ESB56840127
inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form for this, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments 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 type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return 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 the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period. You will bear the direct costs of returning the goods. They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of revocation does not apply to contracts
– for the delivery of goods that may deteriorate quickly or whose expiry date would be quickly exceeded;
The right of withdrawal expires prematurely in the case of contracts
– for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
– for the supply of goods if, after delivery, they have been inseparably mixed with other goods by reason of their nature;
End of the cancellation policy
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it.)
At
Black Sheep Gastro Service SLU
Bulevard de Peguera 26
07160 Peguera
Balearic Islands
Spain
http://www.black-sheep-group.com
Phone: +34 871 25 30 82
NIF number: B56840127
UID (IVA) Number: ESB56840127
– I/we (*) hereby revoke the contract for the purchase concluded by me/us (*)
of the following goods (*)/ the provision of the following service (*)
-Ordered on (*)/received on (*)
-Name of consumer(s)
-Address of the consumer(s)
– Signature of the consumer(s) (only if notified on paper)
–Date
_______________
(*) Delete what is inappropriate.
7
-omitted-
8 Liability
In the event of defectiveness of the purchased item, the statutory liability for defects applies, unless otherwise provided for in the following provisions. If the customer acts as an entrepreneur, the limitation period for defects in the case of new goods is one year from delivery of the goods. In the case of used goods, the rights and claims due to defects are excluded. If the customer acts as a consumer, the limitation period for claims for defects is one year from the delivery of the goods, if this has been expressly and separately contractually agreed between the parties and the customer has been informed of the shortening of the limitation period before submitting his contractual declaration. The shortening of the limitation period does not apply if the customer's claims for damages and reimbursement of expenses are affected or, in the case of items that are usually used for a building and have caused its defectiveness, or if there is a case where the seller has fraudulently concealed the defect or is responsible for a possible defect. Seller's existing obligation to provide updates for digital products or contracts for the supply of goods with digital elements.
9 Data protection
Our information on data protection can be found in the privacy policy.
10 Miscellaneous
10.1.
Should one or more of the above conditions be or become invalid or contain a loophole, the remaining conditions shall remain unaffected, provided that adherence to the contract would not constitute an unreasonable hardship for the buyer. The sole place of jurisdiction for all disputes arising from the contractual relationship as well as its validity is our place of business if you are a registered merchant, a legal entity under public law or a special fund under public law or if you have your registered office abroad. The law of Spain applies. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory consumer protection provisions of the law of the country in which the consumer has his habitual residence.
10.2. Mandatory information
The identity and address of the seller, which can be summoned, resulted from the legal information provided by the provider. The seller is not subject to any special codes of conduct. The essential characteristics of the goods or services as well as any limitation of the period of validity of the information provided can be found in the respective offer of the seller. A contract is concluded between seller and buyer by offer and acceptance. Details of the conclusion of the contract, in particular the individual technical steps for the conclusion of the contract, are explained in detail under § 2 of these GTC. Details of the contract, in particular the existence or non-existence of a right of withdrawal as well as its conditions and exercise – name and address of the addressee of the withdrawal as well as the legal consequences of the withdrawal – and warranty conditions can be found in the information provided by the user in No. 6, 7 and 8 of these T&Cs.
Input errors can be corrected as described in § 2.1.
Reference is made to § 2.3 for the storage of contract texts.
The language of the contract is German.
10.3. OS Platform
Information on online dispute resolution: The EU Commission provides an internet platform for the online resolution of disputes (so-called "ODR platform").
The ODR platform is intended to serve as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts.
The ODR platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/ .
Our e-mail address is: info@black-sheep-group.com
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.