General Terms And Conditions
General Terms and Conditions of Services
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Diba Foods GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the ordering process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can see the contract text in our customer login.
4. Terms of delivery
In addition to the stated product prices shipping costs may still apply. For further details on any applicable shipping costs, please refer to the offers.
We do not deliver to packing stations.
In our shop you can basically use the following payment methods:
Payment in advance
If you select the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
By submitting the order, you also submit your credit card information to us at the same time.
After your legitimacy as a legitimate cardholder, we request your credit card issuer immediately after the order to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.
Promptpayment by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To be able to pay the invoice amount immediately, you must have an online banking account with PIN / TAN procedure activated to participate in Sofort, grant yourself a legitimacy and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be immediately executed immediately and your account debited.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims arising from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the goods subject to retention of title with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims yourself, as long as you do not meet your payment obligations.
7. Transport damage
If goods are delivered with obvious damage in transit, please complain such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
For entrepreneurs applies:
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. If you refrain from doing so, the goods are deemed to have been approved unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless explicitly agreed otherwise below, the statutory warranty rights apply.
When buying used goods by consumers applies: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the passing of risk. The sale of used goods is under exclusion of any warranty. The statutory limitation periods for the recourse claim under § 445a BGB remain unaffected.
With regard to entrepreneurs, the only agreement that applies to the condition of the goods is our own details and the manufacturer's product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (rectification) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
• In case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• with guarantee promise, as far as agreed, or
• as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and (contractual) obligations by ordinary negligence of us, our legal representatives or vicarious agents, the liability shall be limited to the amount foreseeable at the time the contract was concluded Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute resolution
The European Commission provides an online dispute resolution (OS) platform, available here https://ec.europa.eu/consumers/odr/.
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
This document has been created with the Trusted Shops legal copy in cooperation with Wilde Beuger Solme