Terms & Conditions
§ 1. Scope of Application
- The following Terms & Conditions apply in the edition valid at the time of order placement only to the business relationship between Gourmondo Food GmbH, Marcel-Breuer-Straße 15, 80807 Munich, Germany (hereinafter referred to as "Gourmondo") and the customer when ordering products at the online shop.
§ 2. Conclusion of Contract
- English is the only language for conclusion of contracts.
- The presentation of goods on www.gourmondo.ie is not a purchase agreement offer by Gourmondo, but rather a non-binding online catalogue. Only the placement of a product order through the customer is the customer's binding offer of a purchase agreement towards Gourmondo. You direct a binding purchase offer towards Gourmondo when having passed through the online order process, entered all necessary information and clicked on the button "Place Order" on the page "Verify Order". After having received your order we will inform you about the order intake via email (confirmation of receipt). The confirmation of receipt of your order must not be understood as our acceptance of your purchase agreement offer, but is purely a means of information. The purchase agreement is only achieved by Gourmondo's acceptance of your offer.
- The acceptance is expressed in either another email - the dispatch confirmation - or by delivery of the ordered products.
- Gourmondo will only enter contractual relationships with persons of full legal age.
§ 3. Right of Revocation
Right of Revocation
You have the right to revoke the contract without stating any reasons within fourteen days of receipt. The revocation period of fourteen days begins the very day you or a person you authorized, who is not the forwarder, takes the products into possession. To exercise your right of revocation you must send us (Gourmondo Food GmbH, Marcel-Breuer-Straße 15, 80807 Munich, Germany, E-Mail: firstname.lastname@example.org, Fax: +3537688884-35, Phone: +3537688884-34) a clear declaration (e. g. a letter in the mail, telefax, or e-mail) of your decision to revoke the contract. You can use the attached revocation sample form for this purpose, however, you are not obliged to make use of this provided sample.You can fill in this revocation sample form or another clear declaration on our website www.gourmondo.ie and submit it electronically. If you choose this option, you will be sent a confirmation of receipt of your revocation (e. g. via e-mail).Sending a notification about the exercise of your revocation right within the specified period suffices to meet the relevant deadline.
Effects of Revocation
When revoking this contract we are obliged to refund to you all payments that we have received from you, including all delivery expenses (with exception of additional costs that occur when you chose a type of delivery other than the standard delivery we offer), immediately and at the latest within fourteen days of receipt of your revocation notification. When refunding your payments we use the same payment method you used when making the initial transaction, unless another clear arrangement has been made. In case of a refund we will not charge any fees under any circumstances. We can, however, refuse a refund until the according products have been sent back to us or until you have provided proof that the products have been sent back, depending on which of these two options dates back to the earlier point in time.You must return or hand over the products immediately and at the latest within fourteen days after you notify us about the contract revocation to Gourmondo Food GmbH, c/o Gourmondo Food GmbH, Hägenstrasse 1, 30559 Hannover, Germany. Shipping the products within the specified period of fourteen days suffices to meet the relevant deadline. You will bear the direct costs of the products' return delivery. We will send you a free return label that you can also request at email@example.com. When using this free return label, we will bear the return costs.You must cover a possible loss in the products' value only when the loss in value is not relevant to the examination of a product's condition, characteristics and its functionality.
End of Revocation Instructions"
Revocation Sample Form
If you would like to revoke the purchase agreement, please fill in this form and send it back to:
Gourmondo Logistikzentrum E-Mail: firstname.lastname@example.org
Hägenstrasse 1, Fax: +3537688884-35
- I/We(*) herewith revoke the contract I/we(*) concluded about purchase of the following products(*)
- Order on (*) delivered on (*): _______________________________
- Customer Name(s): _______________________________
- Customer Address(es): ____________________________
(*) Delete as applicable
Ende of Revocation Sample Form
Exclusion of Revocation:
The Right of Revocation as stated above is only applicable if you have concluded the distance selling contract as a consumer. A consumer is every natural person who concludes a legal transaction for purposes that can neither be ascribed to your commercial nor to your self-employed activities.
Furthermore, the consumer's right of revocation of distance selling contracts is not applicable for contracts:
- for delivery of goods that were produced according to customer specifications or tailor-made for personal needs or not suitable for return shipments because of their condition or perishable products or products whose date of expiry has been exceeded.
- for delivery of audio or video recordings or software, if the delivered data mediums were unsealed by the consumer.
- the delivery of newspapers and magazines, unless the consumer has stated his or her contract declaration via telephone.
Â§ 4. Product Availability
- Gourmondo has the right to revoke a contract, if Gourmondo receives wrong or untimely deliveries from its suppliers. The right to revoke a contract is not given, if Gourmondo fails to have the ordered products on stock. The customer will be informed about the unavailability of the products immediately. Customer payments are then refunded immediately.
Â§ 5. Conditions of Delivery
- Deliveries are only made in Ireland.
- Find further information regarding the different types of delivery in our dispatch information section.
- During each order process we will inform you about the delivery times. In case the stated delivery time cannot be met or your ordered products are not in stock, we will notify you via e-mail. If products ordered are unavailable, we will immediately refund already received payments.
- Find information regarding the different types of delivery in our dispatch information section.
- The risk of accidental destruction or accidental deterioration of purchased goods passes on to the customer at the time he or she defaults in acceptance.
Â§ 6. Prices, Minimum Order Value, Costs
- The prices at time of purchase apply. All prices include the according and valid British value added tax.
- The minimum order value is EUR 25.00.
- Deliveries of up to EUR 50.00 product value are subject to an additional delivery charge of EUR 21.49 via "DHL International" and EUR 17.90 via "DPD". Orders of EUR 50.00 and above are free of shipping costs.
- Deliveries to countries other than Germany may be subject to additional tax, tariffs and/or other costs that are not included in the advertised prices. They must be paid by the customer.
- If a legal value added tax does not apply to deliveries to countries other than Germany, we charge the price that is reduced by the relevant German value added tax (hereinafter referred to as "net price") plus the according country's relevant value added tax. In case of a reversal of liability for tax, we charge net prices. The customer must then pay the resulting value added tax to the concerned tax office.
- In case of a contract revocation according to Â§3 of the Terms & Conditions, the customer is obligated to bear the costs of a return shipment, if the delivered products correspond to those ordered and if the price of the returned item does not exceed a value of EUR 40.00 or in the case of a higher price, the customer has not yet provided the payment or a contractually agreed partial payment at the time of revocation.
Â§ 7. Terms of Payment
- The purchase price falls due when executing the purchase agreement.
- The customer's payment options are advanced payment, direct debit or credit card (EuroCard/MasterCard, Visa, American Express), PayPal or immediate transfer. Gourmondo reserves the right to decline certain payment methods in particular cases or to demand advanced payment. Find further information regarding payment methods in our payment details section.
Â§ 8. Simple Retention of Title
Delivered products remain Gourmondo's property until full payment of the purchase price has been received.
Â§ 9. Extended Retention of Title for Businessmen
If the customer is a businessman, meaning a natural or legal person or legally responsible business partnership, acting in their commercial or self-employed activity when executing the legal transaction, the customer may resell the products subject to retention of title within the course of normal business. In this case, the customer assigns to us the claims of resales with the amount of the invoice total (including value added tax) of Gourmondo's claim, irrespective of whether the goods subject to retention of title were resold without or after processing.Notwithstanding Gourmondo's right to collect claims directly, the customer is also entitled to collect the assigned claim. Gourmondo will not collect a claim, as long as the customer meets the payment obligations, hasn't filed for insolvency or similar proceedings and has not ceased making payments.Is this the case, Gourmondo may demand the customer to disclose the assigned receivables and their debtors, provide us with all the information required for collection, hand over to us the according documents, and notify debtors about the assignment.If the above securities exceed the secured claim by more than 10%, Gourmondo is obligated, as elected, to release the securities upon the purchaser's request.
Â§ 10. Warranty
Should the ordered products be faulty in any way, the statutory provisions apply.
Â§ 11. Liability
- Gourmondo shall be liable to the full extent for damage caused intentionally or by gross negligence.
- In the event of an ordinary negligence, Gourmondo shall only be held liable for injury to life,body or health or for breach of an obligation fundamental to the contract, the compliance to whichis crucial to accomplishment of the contract, or breach of a duty that puts the fulfilment of thecontract's purpose at risk, and that compliance with the customer regularly trusts in (cardinal obligation).In the event of the negligent breach of contractual cardinal obligations the liability is limitedto typical contractual and foreseeable damage.
- The statutory no-fault liability (e. g. according to product liability laws)and adhesion from any assumption of a warranty remain unaffected.
- The legal representatives, employees, and subcontractors of Gourmondo shall only be liableto the same degree as Gourmondo itself is.
Gourmondo Food GmbH does not produce the goods presented on this website, unlessexpressly stated otherwise. The product packaging and the applicable documents may contain informationthat may exceed and/or differ from the information provided on our website. We thus recommend younot to solely rely on the information provided on our website, but to carefully read the product labels,warnings, and instructions delivered with the product. Please take notice of the complete liability disclaimer that follows below.
Â§ 12. Data Protection
- Please find our data protection declaration in our data protection guidelines.
Â§ 13. Miscellaneous
- The law of the Federal Republic Germany applies with exception of the UN law for international sales. These provisions apply alsowhen products are ordered from a country other than Germany, or the delivery is made to a country other than Germany.
- If the customer is a merchant, the exclusive jurisdiction for all disputes resulting from or in relation with the contract-relationshipis Munich. The same place of jurisdiction shall be applicable, if the customer's legal place of residence or regular residence is unknown at thetime of the lawsuit. If the customer has no general place of jurisdiction within the Federal Republic of Germany, the only place ofjurisdiction shall be the registered office of Gourmondo in Munich.
- If one or more provisions of these terms should be invalid, it shall not affect the validity ofall other provisions or agreements.
Â§ 14. Provider Identification and Contact Address
Gourmondo Food GmbH
Registry Court: Hannover
Registry Number: HRB 208953
VAT Number: DE284729872
Managing Director: Andreas Prüfer, Pascal Zier