General Terms and Conditions
General Terms and Conditions with Customer Information
1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Availability of Goods
6. Payment Modalities
7. Retention of Title
8. Customer Account
9. Warranty for Material Defects and Guarantee
10. Liability
11. Storage of the Contract Text
12. Final Provisions
1. Scope of Application
1.1. For the business relationship between ALIMENTACIONES, BEBIDAS, SERVICIOS Y ACCESORIOS SL
Carrer del Cardenal Rossell 88
07620 Llucmajor, Mallorca (Spain) (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. Deviating conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
2. Offers and Service Descriptions
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the Seller’s websites do not have the character of a promise or guarantee.
2.2 All offers are valid “while stocks last” unless otherwise noted for the products. Errors excepted.
Note: Please enter the applicable button labels below.
3. Ordering Process and Conclusion of Contract
3.1. The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart via the button add to cart. Within the shopping cart, the product selection can be changed, e.g., deleted. Subsequently, the Customer can proceed to the completion of the ordering process within the shopping cart via the button proceed to checkout.
3.2. By clicking the button order with obligation to pay, the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time and return to the shopping cart using the browser’s “back” function or cancel the ordering process entirely. Required information is marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute an acceptance of the request. The purchase contract only comes into existence when the Seller dispatches or hands over the ordered product to the Customer within 2 days, or has confirmed the dispatch to the Customer within 2 days with a second e-mail, express order confirmation, or sending of the invoice. Acceptance can also take place through a request for payment sent by the Seller to the Customer and at the latest by the completion of the payment process. In the case of several acceptance processes, the earliest acceptance time is decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract is concluded and the Customer is no longer bound by their offer.
3.4 In the case of customers who are businesses, the aforementioned period for dispatch, handover, or order confirmation is seven instead of two days.
3.5. Should the Seller enable a prepayment, the contract is concluded with the provision of bank details and the request for payment. If payment has not been received by the Seller despite being due, even after a further request, by a point in time of 10 calendar days after the order confirmation has been sent, the Seller shall withdraw from the contract with the result that the order is void and the Seller has no obligation to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the Seller’s website include the respectively valid statutory value-added tax.
4.2. In addition to the prices stated, the Seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Availability of Goods
5.1. Insofar as prepayment has been agreed, delivery takes place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail through the fault of the buyer despite three attempts at delivery, the Seller may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
5.3. If the ordered product is not available because the Seller is not supplied with this product by their supplier through no fault of their own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish a comparable product to be delivered, the Seller will immediately refund any consideration already provided by the Customer.
5.4. Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment; the stated delivery dates and periods are not fixed dates, subject to other promises and agreements.
5.6 Delivery and performance delays due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller, the Seller is not responsible for towards customers who are entrepreneurs, even in the case of bindingly agreed periods and dates. In this case, the Seller is entitled to postpone the delivery or service by the duration of the hindrance plus a reasonable start-up period. The right to postpone the period also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operation of a sub-supplier and for which neither they nor the Seller are responsible. During the duration of this hindrance, the Customer is also released from their contractual obligations, in particular payment. If the delay is unreasonable for the Customer, they can withdraw from the contract by written declaration after a reasonable period to be set by them or by mutual consultation with the Seller.
6. Payment Modalities
6.1. The Customer can choose from the available payment methods within the framework and before the completion of the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with the payment processing, e.g., Paypal, their general terms and conditions apply.
6.4. If the due date of payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer must pay the statutory default interest.
6.5. The obligation of the Customer to pay default interest does not exclude the assertion of further default damages by the Seller.
6.6. A right to set-off is only available to the Customer if their counterclaims have been legally established or recognized by the Seller. The Customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
For customers who are entrepreneurs, the following additionally applies: The Seller retains title to the goods until full settlement of all claims from an ongoing business relationship; The buyer is obliged to treat the purchased item with care as long as the title has not yet passed to them. In particular, they are obliged to insure it adequately at their own expense against theft, fire, and water damage at replacement value, if appropriate or customary in the industry. If maintenance and inspection work must be carried out, the buyer must carry this out in good time at their own expense. The processing or transformation of the reserved goods by the Customer is always carried out for the Seller. If the reserved goods are processed with other objects not belonging to the Seller, the Seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed objects at the time of processing. For the item created by processing, the same applies as for the reserved goods. The Customer also assigns the claim to secure the claims against them, which arise against a third party through the connection of the reserved goods with a property. Access by third parties to goods owned or co-owned by the Seller must be reported by the Customer immediately. Costs arising from such interventions for a third-party opposition action or costs for an extrajudicial release shall be borne by the Customer. The Customer is entitled to resell the reserved goods in the ordinary course of business. The Customer already assigns all claims (including all balance claims from current account) arising from resale or other legal reasons regarding the reserved goods to the Seller in full by way of security. The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for their account and in their own name. This collection authorization can be revoked if the Customer does not properly fulfill their payment obligations. The Seller undertakes to release the securities to which the Seller is entitled at the request of the Customer if their total sales value exceeds the sum of all outstanding claims of the Seller from the business relationship by more than 10% (more than 50% in the event of a realization risk). The selection of the securities to be released is at the Seller’s discretion. Upon settlement of all claims of the Seller from delivery transactions, the title to the reserved goods and the assigned claims pass to the buyer. The selection of the securities to be released is at the Seller’s discretion.
8. Customer Account
8.1 The Seller provides the Customer with a customer account. Within the customer account, information about the orders and their customer data stored by the Seller is made available to the customers. The information stored in the customer account is not public.
8.2. Customers can also place an order as a guest without having to create a customer account.
8.3. Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in actual circumstances insofar as this is necessary (e.g., the changed e-mail address in the event of a change or the changed postal address before an order). Customers are responsible for any disadvantages that arise due to incorrect information.
8.4. The customer account may only be used in accordance with the applicable statutory provisions, in particular the regulations for the protection of third-party rights, and in accordance with the GTC of the Seller using the access masks and other technical access options provided by the Seller. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
8.5. Insofar as customers store, specify, or otherwise set content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for this information. The Seller does not adopt the contents of the customers as their own. However, the Seller reserves the right to take appropriate measures depending on the degree of risk of infringement emanating from the contents, in particular the risk to third parties. Measures that take account of the criteria of necessity, proportionality, care, objectivity, and reasonableness and the interests of all participants, in particular the fundamental rights of the customers, may include the (partial) deletion of content, requests for action and explanation, warnings and cautions, and house bans.
8.6. Customers can terminate the customer account at any time. The Seller can terminate the customer account at any time with a reasonable period of notice, which is usually two weeks. Termination must be reasonable for the Customer. The Seller reserves the right to terminate for extraordinary reasons.
8.7. From the time of termination, the customer account and the information stored in the customer account are no longer available to the Customer. It is the responsibility of the Customer to back up their data when terminating the customer account.
9. Warranty for Material Defects and Guarantee
9.1. The warranty (liability for defects) is determined according to statutory regulations, subject to the following rules.
9.2. A guarantee exists for the goods delivered by the Seller only if it has been expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.
9.3 If the Customer is an entrepreneur, they must inspect the goods immediately, notwithstanding statutory duties to give notice of defects, and notify the supplier in writing of recognizable material defects immediately, at the latest within two weeks of delivery, and of unrecognizable material defects immediately, at the latest within two weeks of discovery. Customary, minor deviations in quality, weight, size, thickness, width, finishing, pattern, and color, which are permissible according to quality standards, are not defects.
9.4 If the Customer is an entrepreneur, the choice between rectification or subsequent delivery of defective goods is made by the Seller.
9.5 Material defects shall expire, notwithstanding the liability regulations of these GTC for customers who are entrepreneurs, fundamentally one year after the transfer of risk, unless longer periods are mandatory by law, in particular in the case of special provisions for the entrepreneur’s recourse. In the case of used goods, the warranty for customers who are entrepreneurs is excluded.
9.6 If the Customer, who is an entrepreneur, has installed the defective item within the meaning of § 439 para. 3 BGB (German Civil Code) according to its nature and intended use in another item or attached it to another item, the Seller is not obliged, subject to an express agreement and notwithstanding the other warranty obligations, as part of the supplementary performance, to replace the necessary expenses for the removal of the defective and the installation or the attachment of the repaired or delivered defect-free item to the Customer. Accordingly, the Seller is also not obliged to replace expenses for the removal of the defective and the installation or the attachment of the repaired or delivered defect-free item as part of a recourse by the Customer within the delivery chain (i.e., between the Customer and their customers).
10. Liability
10.1. For liability of the Seller for damages, the following exclusions and limitations of liability apply without prejudice to the other statutory requirements for claims.
10.2. The Seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the Seller is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer regularly relies. In this case, however, the Seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the liability of the Seller is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
11. Storage of the Contract Text
11.1. The Customer can print out the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order.
11.2. The Seller also sends the Customer an order confirmation with all order data to the e-mail address provided by them. With the order confirmation, but at the latest upon delivery of the goods, the Customer also receives a copy of the GTC together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text but do not make it accessible on the Internet.
11.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing, or by reference to an online source.
12. Final Provisions
12.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seat of the Seller, while the place of jurisdiction is located at the seat of the Seller if the Customer is a merchant, a legal person under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in the country of the Seller’s seat. The right of the Seller to choose another permissible place of jurisdiction remains reserved.
12.2 In the case of entrepreneurs, Spanish law applies to the exclusion of the UN Sales Convention, as long as no mandatory statutory provisions stand in the way.
12.3. The contract language is German.
12.4. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
