Terms and Conditions
Heligoland Road 4
Phone: +49 (0)30 40 50 46 50
Fax:+49 (0)30 40 50 46 529
Commercial Register: Local Court Charlottenburg-Berlin
HRB number: 128480 B
Sales tax identification number: DE 272606923
§ 1 – Scope of application
- These conditions of the company Royal Caviar (hereinafter: “Seller”) apply to all sales, deliveries and services of the Seller, which the Customer buys from the Seller by telephone, fax or via the online shop www.royalcaviar.de. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.
- “Customers” are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 – Conclusion of contract
- By completing the online order process, by sending a written order or by placing an order by telephone, you submit a binding contractual offer to Royal Caviar, Helgolandstraße 4, 14199 Berlin. The acceptance of the contract by the seller is effected by an express declaration or, depending on the chosen method of payment, by a corresponding request for payment or dispatch of the goods.
- Purchase completion and establishment of contact take place in the on-line Shop by E-Mail with the aid of the automated purchase completion software. The customer must therefore ensure that the e-mail address given by him for the purchase is correct, so that correspondence can take place. If spam filters are used, the customer must ensure that all e-mails sent by the seller or his purchase processing service providers for the purchase process are received.
- Orders with a purchase price below 1 € or above 9999,99 € will be rejected. In these cases, please contact us by telephone.
- Royal Caviar reserves the right to refuse an order without giving reasons. In this case, any payments already made will be refunded to the buyer within 7 working days.
§ 3 – Storage of contracts
- The text of the contract is not stored by the seller after the conclusion of the online contract and can therefore no longer be viewed by the customer after the end of the ordering process. In the case of online orders, the customer receives his order data by e-mail with the order or order confirmation. Corresponding permanent security of the offer and the contract text should be arranged by the customer himself (e.g. by screenshot).
§ 4 – Prices
- The prices quoted by the seller on the product pages include all price components including the respective statutory German value added tax. The value added tax will be shown separately on the invoice to be sent later. Packaging and shipping costs will also be shown separately. Discounts and cost limits (e.g. for shipping costs) can be calculated on the basis of reduced or non-decreased prices. Other price components, such as additional taxes, customs duties or other charges, may apply to cross-border deliveries. For more information, see the websites of the respective countries. An overview can also be found on the website of the European Commission at http://ec.europa.eu/taxation_customs/taxation/index_en.htm#. The electronically generated confirmations sent by the webshop by e-mail do not replace the valid invoice on company stationery that was generated later. Vouchers and discount codes are valid for a limited period of time. Only one voucher or discount code can be used per order, not several. Most vouchers and discount codes can also be applied to reduced prices.
§ 5 – Terms of payment
Payments may be made as follows:
Advance payments are made by bank transfer. When ordering in advance, you will receive an e-mail with our bank details and the order number assigned to your order. Please state this order number together with your first/last name in the purpose of transfer.
- Cash payment
Only for customers who pick up their goods themselves or are delivered by courier (possible in Berlin and Potsdam, prior telephone agreement necessary).
- Cash on delivery
You pay the purchase price directly to the deliverer. You have to pay 8,00 Euro as additional costs.
- Credit card
When you place your order, you also send us your credit card details.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.
- SEPA Direct Debit Scheme
When you submit your order, you grant us a SEPA Direct Debit Mandate. We will inform you about the date of the account debit (so-called prenotification). When the SEPA Direct Debit Mandate is submitted, we request our bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited.
The account is debited before the goods are shipped.
The period for advance notification of the date of the account debit (so-called prenotification period) is defined by the service Provider. Please ask the service provider Wirecard for details.
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
- SOFORT Überweisung
After placing the order you will be forwarded to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Sofort, legitimise yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
§ 6 – Set-off / retention
- The customer shall only be entitled to set-off if his counterclaim has been acknowledged by the seller or its existence has been legally established.
- The customer shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 7 – Retention of title
- The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled.
- If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the retention of title shall also apply beyond this from the current business relationship until settlement of all claims to which the seller is entitled in connection with the contract.
§ 8 – Liability for defects
- In the case of sales to entrepreneurs, the limitation period for defects in new goods shall be one year from the transfer of risk. The limitation period shall not begin again if replacement is delivered within the scope of liability for defects.
- For entrepreneurs, the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected, the same applies to entrepreneurs and consumers in the event of an intentional breach of duty and fraudulent concealment of a defect. In the case of sales to entrepreneurs and consumers, it shall also apply in accordance with paragraph 5 below that these limitations of liability shall not extend to claims for damages and reimbursement of expenses which the purchaser may assert on account of a defect.
- In the case of sales to a merchant within the meaning of commercial law (§ 1 HGB), the commercial obligations to examine and give notice of defects within the meaning of § 377 HGB shall apply. If the statutory notification obligations are omitted, the goods shall be deemed to have been approved.
- In the event of injury to life, limb or health, the Seller shall be liable without limitation for intent or gross negligence on any legal grounds whatsoever. This shall also apply in the event of fraudulent intent and promises of guarantee or if liability is based on mandatory statutory provisions, such as the Product Liability Act.
- Otherwise, the statutory provisions shall apply.
§ 9 – Data protection
- According to § 33 BDSG Royal Caviar points out that for this contract personal data will only be collected and stored in machine-readable form to the extent necessary to enter into this contractual relationship, to change it if necessary and to execute it.
- The purchaser is entitled to demand information about the scope and purpose of the data processing and other recipients of the data at any time. Furthermore, he is entitled to correction, blocking and deletion of his data after conclusion of the purpose-related execution of the contract.
§ 10 – Duty to inform according to ODR regulation (EU) No. 524/201
- The EU Commission has set up a platform for online dispute resolution: www.ec.europa.eu/consumers/odr .
§ 11 – Applicable law
- The entire legal relationship between Royal Caviar and the purchaser shall be governed by the laws of the Federal Republic of Germany.