General Terms and Conditions Act
General Terms and Conditions Act
General Terms and Conditions of Purchase
§ 1 General Scope
1. Our deliveries, services and offers are based exclusively on these general terms of purchase. They are part of all contracts we make with our customers (hereinafter also referred to as “buyers”) for the goods offered by us.
2. Deviating conditions only apply when agreed on by ENOMIS GmbH and the buyer in written form or when ENOMIS GmbH has given its written consent to them.
§ 2 Offer and Contract Formation
1. A contract between ENOMIS GmbH and the buyer is concluded by finishing the ordering process on www.delicardo.de. The order is confirmed by clicking the button “Confirm Order”.
2. On completion of the order on www.delicardo.de the buyer additionally and immediately receives an order confirmation email.
3. Delivery of the goods ordered also constitutes acceptance.
§ 3 Cancellation Policy
Right of revocation
1. You may withdraw your contractual acceptance in writing (e.g. by letter, fax or e-mail) within two weeks without stating grounds, or - if the item is placed at your disposal prior to the expiry of this period - by returning the item. The period shall commence upon receiving this notification, however, not prior to the delivery of the goods to the consignee (in the case of recurring delivery of similar or identical goods, not prior to the delivery of the first partial delivery), nor before we have met our information duties and other duties as defined by the German Civil Code (§ 312c sec. 2 BGB in conjunction with § 1 sec. 1, 2 and 4 BGB-InfoV as well as § 312e sec. 1 clause 1 BGB in conjunction with § 3 BGB-InfoV). The cancellation period is deemed to have been met if the notice of revocation or the item is sent in a timely fashion. The revocation is to be sent to:
ENOMIS GmbH
Giesebrechtstrasse 1
D- 10629 Berlin
Telefax: +49 (0)30 27 87 44 099
E-Mail: info@enomis.de
2.Revocation Consequences
In the event of an effective revocation, each party returns any payments received to the other party including any possible benefits derived (e.g. interest). If you are unable or only partly able to return the goods received or are only able to return it/them in a deteriorated condition, you may be obliged to compensate us accordingly. This shall not apply if the deterioration of the goods is exclusively attributable to their examination - as would have been possible in a shop for example. Moreover, you can avoid any duty to provide compensation for deterioration of the goods caused by the intended use not treat the item as if it is your property and desist from all actions which could impair its value. Goods capable of being sent by delivered by post are returned to us at our own risk. You are responsible for any costs associated with returning the goods correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40 or if in the case of a higher price of the goods you have not yet performed the contractually agreed performance at the time of revocation. Otherwise the return consignment is free of charge. Goods that are not suitable for delivery by post shall be collected from your premises. Obligations to refund payments must be met within 30 days. The deadline shall commence for you on the date you sent the notice of withdrawal and for us, following its receipt.
Special notice
3. According to § 312d sec. 4 BGB, the right of revocation doesn’t apply to contracts for the delivery of goods, which are made to customers specifications, are clearly tailor made for personal requirements or goods that, because of their nature, are not suitable for return.
§ 4 Prices and Payment
1. Prices include the additional statutory turnover tax.
2. Unless otherwise provided for in writing, our prices exclude shipment and packaging costs (§ 6).
3. Payment can be effected by prepayment or credit card.
4. Payment via credit card for orders on www.delicardo.de can be effected by entering the credit card number, date of expiration, card security code and the name of the cardholder in the corresponding field of the Saferpay order form on www.saferpay.com.
5. If charges to accounts are not honoured by the buyer’s bank, the account holder will no longer be able to shop online at www.delicardo.de. This prohibition will be effective until the buyer has paid the debt due. Any fees for charge back or negative booking operations will be paid by the buyer.
§ 5 Delivery and delivery time
1. Unless a fixed deadline or fixed date has been agreed upon in writing, our deliveries and services have to be effected as fast as possible, but at the latest within a time limit of approx. 4 weeks.
2. If we do not observe an agreed upon delivery date, the buyer has to set an appropriate final deadline, which may in no event exceed 2 weeks.
§ 6 Shipment
1. Shipment of the DELICARDO Foocards is possible within Germany, EU counties and non-EU countries.
2. The Foodcards paperboard and plastic will be sent by mail. The Foodcards PDF will be sent by Email.
3. Within Germany the delivery of the allergy cards costs EUR 4.40. When allergy cards are delivered to other countries, the delivery costs amount to EUR 7.00. Delivery costs are per order.
§ 7 Warranty
1. Should the delivered goods be defective the buyer is entitled to exercise all his legal rights.
2. However, should the buyer claim damages, the special regulations expounded in § 8 apply.
§ 8 Liability for damages
1. The purchaser has no claim to damages because of defects of quality in the delivered goods unless we are notified of the defects within two weeks of the delivery of the goods.
2. Our liability for damages is limited to losses that are foreseeable and typical for this type of contract, no matter what the legal basis of the claims is (especially for delays, defects, or other neglect of duty.)
3. ENOMIS GmbH assumes no responsibility for the information of third parties being up-to-date, correct, and complete or for its quality. Any liability claims against ENOMIS GmbH that are based on material or intangible damages arising from the use or non-use of the presented information are strictly excluded.
4. ENOMIS GmbH cannot be held liable for the correctness or the contents of DELICARDO Foodcards made to customer specifications unless the card was found to be defective in the sense of paragraph 1. Moreover, ENOMIS GmbH is not liable for the any use of the card.
5. The preceding limitations of liability do not apply in the case of intentional misconduct or gross negligence, for guaranteed characteristics of the product, or for injury to life, body or heath in the German Product Liability Act (Produkthaftungsgesetz).
§ 9 Reservation of proprietary rights
1. The goods ordered from our website remain our property until the full purchase price has been paid. The buyer does not command any proprietary rights over the goods and may not sell the items ordered from our website as long as the title to these goods lies with us.
2. Should third parties, notably bailiffs, try to seize goods that are subject to retention of title, the buyer will point out our proprietary rights and will promptly notify us in order for us to exercise our proprietary rights.
3. In case of unlawful behaviour of a customer – especially in case of a delay in payment – we are entitled to claim goods that are subject to retention of title, provided we have withdrawn from the contract.
§ 10 Copyright
All trademark rights and copyrights of the websites www.delicardo.de and www.enomis.de as well as all intellectual property rights regarding the DELICARDO Foodcards remain the property of ENOMIS GmbH; the same goes for all published contents. ENOMIS GmbH forbids any form of unauthorised reproduction as well as the distribution of any of the contents published on either www.delicardo.de or www.enomis.de or of the personalised DELICARDO Foodcards. The buyer is only entitled to employ the Foodcards for his personal use. Copyright violations will be prosecuted and will entail claims for compensation.
§ 11 Data protection clause
Your personal data provided during the order process are collected, processed and used in accordance with the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). When ordering from www.delicardo.de the data stream between the customer’s computer and the computer it is connected to is protected by an SSL-communications protocol of up to 128 bit (depending on browser configuration).
For further information regarding our data protection regulations please read the privacy policy.
§ 12 Miscellaneous
Should individual provisions of these Terms and Conditions be or become invalid, the other terms shall remain unaffected thereby.
Berlin is the place of performance and legal venue for all claims. The exclusively applicable law is German law.
