Conditions
1. Scope
(1.1) The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
(1.2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3) The general terms and conditions of the seller apply exclusively. If the buyer uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if the seller has expressly consented to this.
(1.4) For entrepreneurs, the following applies in addition: Unless otherwise agreed, these General Terms and Conditions apply to buyers in the version valid at the time of the buyer's order or at least in the version last communicated to him in text form as a framework agreement also for similar future contracts, without the seller would have to refer to them again in each individual case.
2. Offer, contract conclusion and contract text storage
(2.1) The product presentation contained in the online shop of the seller does not constitute a binding offer on the part of the seller but serves to submit a binding offer by the buyer.
By ordering goods, the buyer makes a binding offer to conclude a purchase contract. The contract is concluded when the seller accepts the offer by sending an order confirmation with reference to the statutory right of withdrawal and a request for payment within 48 hours, otherwise the offer is deemed to be rejected.
(2.2) You order our goods by completely submitting all order data via our website. By confirming the purchase by clicking the "Buy" button, you are making a binding offer to conclude a purchase contract by ordering the goods in the shopping cart. We only accept orders for normal household quantities, if this is not the case, we will inform you accordingly. We will also inform you if the goods you have ordered are not in stock. You are bound to your offer for five days after we have received it. There is no entitlement to acceptance. Orders from German islands cannot be delivered.
You can correct errors in the order entry by deleting the item in the shopping cart or changing the number.
(2.3) After submitting the order, the buyer receives an automatic confirmation of receipt by email, which reflects the content of the buyer's order. This automatic confirmation of receipt does not yet represent an acceptance of the offer, but merely documents that we have received the order.
(2.4) The contract is only concluded when we receive the declaration of acceptance within 5 days. This can be done by sending the shipping confirmation or by sending the goods.
(2.5) The time of the conclusion of the contract between the parties depends on the payment method chosen by the buyer.
(2.5.1.) If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use , available under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full . During the ordering process, the buyer is redirected from the seller's online shop to the PayPal website. After entering his payment data and selecting the desired payment method, the buyer also confirms a payment instruction to PayPal by clicking the button that concludes the ordering process. After confirming the payment instruction, the seller asks PayPal to initiate the payment transaction and accepts the buyer's offer if he clicks the button that concludes the ordering process.
(2.5.2) If the payment method "Giropay" is selected, the buyer will be redirected to the website of his bank after placing his order, where he will confirm the payment order to his bank. By confirming the payment order, the contract with the seller is concluded.
(2.5.3) If the payment method "cash on collection" is selected, the seller accepts the buyer's order by sending a declaration of acceptance in a separate email within two days.
(2.6) The purchase contract is concluded between you (purchaser) and us (seller), Scaglioni GbR, Lehenstrasse 20 in 70180 Stuttgart. The prerequisite for the conclusion of the contract is that you are of legal age. With your order you confirm that you have reached the age of 18.
(2.7) The contract is concluded exclusively in German. The order text is not saved by us and can no longer be called up after the order process has been completed. However, you can print out your order data immediately after submitting the order.
3. Right of withdrawal
(3.1.) As a consumer, the buyer has a fourteen-day right of withdrawal in accordance with the statutory provisions.
(3.2.) More detailed information on the right of cancellation can be found in the following cancellation policy of the seller.
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract without giving a 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, took possession of the last goods or, in the case of contracts for the delivery of goods, has.
In order to exercise your right of withdrawal, you must inform us (Scaglioni GbR, represented by the managing directors Alessandro Scaglioni and Birgit Scaglioni, Lehenstraße 20, 70180 Stuttgart, Tel .: +49 (0) 157 - 39403561, E-Mail: kontakt@centoquattro104.de) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
In the case of contracts for the delivery of goods, we can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, 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 date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
The right of revocation does not apply to contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
The right of withdrawal expires prematurely in the case of contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.
Withdrawal form
If you want to cancel the contract, please fill out the form and send it back.
4. Prices
(4.1) The prices of the goods as well as delivery and shipping costs are included in the respective offer pages. The prices are in EURO and include the German statutory value added tax. The terms of payment shown on the offer pages apply.
(4.2) Information on shipping costs:
Our shipping costs are € 4.99 for the truffle products group. For the Prosecco product group, we charge shipping costs of € 5.99. Shipping is free of charge for orders of € 50 or more.
For goods weighing 10 kg or more, different shipping costs will be charged. This is done accordingly in consultation with the buyer.
5. Payment and Payment Information
(5.1) The purchase price is due for payment upon conclusion of the purchase contract.
(5.2) The following payment methods are available to the buyer in the seller's online shop. The seller reserves the right to make one of these payment methods binding for the buyer.
(5.2.1) If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. During the ordering process, the buyer is redirected from the seller's online shop to the PayPal website. If the buyer is not already registered with PayPal, registration in advance is required in order to be able to pay the invoice amount via PayPal. After the registration process, the buyer must identify himself with his access data and confirm the payment instruction to the seller. The seller asks PayPal to initiate the payment after confirming the payment order. Payment via PayPal is automatic.
(5.2.2) If the payment method "Giropay" is selected, the buyer will be redirected to the website of his bank after placing the order. In order to be able to pay the invoice amount via Giropay, the buyer must have a bank account that has been activated for online banking, legitimize himself accordingly and confirm the payment instruction to the seller. You'll get more information during the ordering process. The payment transaction is carried out immediately afterwards and the buyer's account is debited.
(5.2.3) When choosing the payment method “cash against pickup”, the buyer pays the invoice amount in cash when picking up the goods.
(5.2.4) Our bank details are:
Alessandro Scaglioni and Birgit Scaglioni
Bank: FYRST
IBAN: DE78 1001 0010 0945 7571 02
BIC / SWIFT Code: PBNKDEFF
VWZ: your order number
(5.3) There is no possibility of a discount deduction.
(5.4) The buyer is only entitled to set-off rights if his counterclaims
legally established or undisputed are mutually linked to or recognized by the main claim of the seller.
(5.5) If the buyer is an entrepreneur, the buyer's right of retention is excluded, unless the buyer's counterclaim stems from the same contractual relationship and is undisputed or legally established. A written notification to the seller is required to assert the right.
6. Delivery
(6.1) Deliveries of available articles take place exclusively within Germany.
(6.2) The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the buyer. Unless otherwise stated, this corresponds to the billing address. If you want a delivery address that differs from the billing address, please let us know when you place your order.
Parcels are not delivered to packing stations.
(6.3) Deliveries are made by a transport partner of our choice. The buyer / customer has to bear additional costs for EXPRESS or SATURDAY DELIVERY.
(6.4) In the case of prepayment, your order will be processed after receipt of payment.
(6.5) Force majeure, operational disruptions, delivery deadlines exceeded by sub-suppliers, difficulties in procuring means of transport, traffic disruptions, sovereign measures as well as strikes, lockouts and other events that lead to the hindrance / hindrance or significantly more difficult delivery entitle us to a corresponding extension of the delivery time including a necessary start-up time or withdrawal from the contract. The same applies to corresponding events in the area of our upstream suppliers. The buyer can demand a declaration from us as to whether we are withdrawing or delivering within a reasonable period of time; In the event of non-declaration, he can withdraw from the contract himself.
7. Retention of Title
(7.1) In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
(7.2) In relation to entrepreneurs, the seller retains ownership of the goods delivered until all claims from an ongoing business relationship have been settled in full. If the buyer is an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The buyer assigns all claims against third parties arising from the resale - regardless of whether the reserved goods are combined or mixed with new items - to the seller in advance in the amount of the respective invoice amount (including sales tax). The buyer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the buyer fulfills his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.
8. Transport damage and transfer of risk
(8.1) If the buyer acts as a consumer, he is asked, in the case of delivered goods with obvious transport damage, to complain about this defect to the deliverer as soon as possible and to contact the seller immediately. Failure to lodge a complaint or to contact us has no consequences whatsoever for legal claims and their enforcement, in particular for the buyer's warranty rights.
(8.2) If the buyer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the buyer at the time the goods are delivered to the buyer or a person authorized to receive them or the buyer is in default of acceptance. In all other cases, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the buyer if the seller owes the shipment. Notwithstanding this, the risk of accidental loss and accidental deterioration of the purchased goods is transferred to the buyer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the buyer has the freight forwarder, has commissioned the carrier or the person or institution otherwise appointed to carry out the shipment and the seller has not previously named this person or institution to the buyer.
(8.3) If the buyer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the buyer when the goods are handed over to the buyer as soon as the seller has given the goods to the freight forwarder, the carrier or the person otherwise appointed to carry out the shipment Has delivered the institution. This also applies if the seller bears the costs of transport. Transport insurance is only provided on special request and at the expense of the buyer. The duty of inspection and notification of defects regulated in Sections 377, 381 of the German Commercial Code (HGB) applies to merchants within the meaning of Section 1 of the German Commercial Code (HGB). If a defect becomes apparent during the delivery, the inspection or at any later point in time, the seller must be notified of this in writing without delay. In any case, obvious defects are to be reported in writing immediately after delivery and defects not recognizable during the inspection within the same period of time from their discovery. If the buyer fails to submit the inspection and / or notification of defects stipulated there, the goods are deemed to have been approved, unless the defect is that was not recognizable during the inspection. This does not apply if the seller has fraudulently concealed a defect.
9. Liability for defects (warranty)
(9.1) The seller is liable for material or legal defects of the delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(9.2) If the buyer is a consumer, the limitation period for statutory claims for defects when purchasing new goods is two (2) years from delivery of the goods.
(9.3) If the buyer is an entrepreneur, the seller initially provides the buyer with a guarantee by removing the defect (repair) or by delivering a defect-free item (replacement delivery). The limitation period for defects in newly manufactured goods is one (1) year from delivery of the goods. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
(9.4) With regard to entrepreneurs, only the seller's own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; The seller assumes no liability for public statements by the manufacturer or other advertising statements.
(9.5) The above restrictions and shortened deadlines do not apply to claims based on damage caused by the seller, his legal representatives or vicarious agents:
normal use has been used for a building and has caused its defectiveness (building material), the limitation period according to the statutory regulation is five (5) years from delivery (§ 438 Paragraph 1 No. 2 BGB)
in the event of injury to life, body or health
in the event of willful or grossly negligent breach of duty as well as fraudulent concealment of a defect
in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed between the parties
as far as the scope of the product liability law is opened.
(9.6) Information on any applicable additional guarantees and their precise conditions can be found with the product and on special information pages in the seller's online shop.
10. Liability
(10.1) With regard to the services provided by the seller, the seller, his legal representatives and vicarious agents are only liable in the event of intent or gross negligence.
(10.2) In the event of a breach of essential contractual obligations, liability also exists in the event of simple negligence, but limited to the foreseeable, contract-typical damage.
(10.3) Essential contractual obligations are those obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on which the buyer can regularly rely on compliance (so-called cardinal obligations). Claims for damage resulting from injury to life, limb or health as well as under the Product Liability Act remain unaffected by the above restrictions.
(10.4) Incidentally, a liability of the seller is excluded.
11. Data protection
(11.1) The seller collects and stores the data of the buyer necessary for the business transaction. When processing the buyer's personal data, the seller complies with the statutory provisions. The seller is entitled to transmit this data to third parties commissioned with the execution of the order, insofar as this is necessary for the fulfillment of the contract. Further details can be found in the seller's data protection declaration, which can be found in the online offer.
(11.4) The seller has the copyrights to all texts, images and films that are published on his website. Use of the images, films and texts is not permitted without the express consent of the seller.
12. Dispute Resolution
Online dispute resolution according to Art. 14 Para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution, which you can find here https://ec.europa.eu/consumers/odr .
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board.
Responsible is the general consumer arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbrauch-schlichter.de .
13. Final Clause
(13.1.) For these terms and conditions and the contractual relationship between the parties, the law of the Federal Republic of Germany applies to the exclusion of uniform international law, in particular the UN sales law.
(13.2) If the buyer is a consumer and does not have a general place of jurisdiction in Germany or in another EU member state, the sole place of jurisdiction for all disputes arising from this contract is the seller's place of business in Stuttgart.
(13.3) If the buyer is a merchant within the meaning of the Commercial Code, an entrepreneur within the meaning of Section 14 BGB, a legal entity under public law or a special fund under public law, the exclusive - also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the seller's place of business in Stuttgart. In all cases, the seller is also entitled to take legal action at the place of fulfillment of the performance obligation in accordance with these terms and conditions or a priority individual agreement or at the general place of jurisdiction of the buyer. Overriding statutory provisions, in particular those relating to exclusive responsibilities, remain unaffected.
Status: July 8th, 2020