.The following terms and conditions apply to all purchase contracts between the:
- Seller -
GM Griechische Top Markt GmbH
Herr Sotirios Poulos
Telephone: +49 (0) 6134 2965682
Fax: +49 (0) 6134 2965683
Registration in the commercial register.
Register court: Local court Darmstadt
Registration number: HRB 96845
Value added tax:
Sales tax identification number according to §27 a sales tax law:
Customers acting as consumers
- Buyer -
be closed through the seller's online stores. In particular, they therefore do not apply to direct sales made on the premises of the seller. For the latter, separate terms and conditions apply, which are posted on the premises of the seller. The language available for the contract is German. The present General Terms and Conditions can be downloaded here as a pdf file.
1. Scope, Definitions
1.1 For online purchase transactions between the seller and the buyer, only the following general terms and conditions apply in their current version.
1.2 The present conditions apply exclusively to sales transactions between the seller and those buyers who act as consumers. Consumers are natural persons who conclude a legal transaction for a purpose which can not be attributed to their commercial or independent professional activity.
1.3 Online purchases of alcoholic beverages may only be concluded with persons over the age of 18 years. Therefore, the non-binding online offer of the seller is directed exclusively to persons of legal age. By expressly acknowledging these terms and conditions prior to placing the order, the buyer confirms that he is already of legal age in case of submission of the offer to purchase alcoholic beverages. If an order includes goods the sale of which is subject to age restrictions, we ensure that the customer has attained the required minimum age by using a reliable procedure involving a personal identity and age check. The deliverer delivers the goods only after the age check.
2. Conclusion of contract
2.1 Orders in the seller's online shop are only possible via the internet.
2.2 The buyer can choose goods from the assortment of the seller (Greek and Mediterranean wine, fish and delicatessen products) and send his order to the seller via the button (button) "order with payment". In this way, the buyer makes a binding offer regarding the purchase of the goods selected by him. Before submitting his order, the buyer can change the data entered by him at any time, see and correct input errors himself. However, the buyer's offer to purchase the goods selected by him can only be made and transmitted bindingly if the buyer has expressly accepted the general terms and conditions of the seller by placing a check mark in the "accept terms" selection button and thereby included in his request.
2.3 The seller will confirm to the buyer the receipt of the order and its contents immediately by email. The purchase contract is only concluded when the buyer is confirmed in a second email (max after 5 days) that the seller has put the goods on the way (shipping confirmation). In individual cases, if the order is shipped in multiple packages, the buyer may receive multiple shipping confirmations, such as perishable food that is sent by express, so that the cold chain is not interrupted, and the package is delivered the next working day is delivered.
2.4 Subject matter of the purchase contract are the goods offered by the seller in his online shop for sale and then ordered by the buyer. Unless expressly stated otherwise in the respective product presentation, designs and prices refer to the items offered in each case, but not to any accessories or decorations that may be depicted.
3. Retention of title
Goods delivered by the seller as a result of an online transaction subject to these terms and conditions shall remain the property of the seller until all claims arising from the purchase agreement have been settled by the buyer, in particular until full payment of the purchase price.
4. Prices and shipping costs
The product prices shown in the seller's price list are gross prices, which already include the statutory sales tax. They basically apply to a shipment from the seller's place of business. Shipping costs will be charged separately. See menu item Shipping and delivery.
5. Payment and shipping conditions
5.1 The currently applicable terms of payment please refer to the separate menu item Payment conditions.
5.2 In the case of shipping within Germany, the buyer has the choice between the following payment methods for the payment of goods purchased by him:
· In advance (by bank transfer to the bank account specified in the order confirmation of the seller)
· Cash on delivery (payment on delivery)
· PayPal Plus (Possibility of purchase on account, direct debit or credit card, it is not necessary to set up a PayPal account)
· IMMEDIATELY transfer
5.3 If the payment method "advance payment" is selected, the purchase price is payable to the buyer no later than 14 calendar days after receipt of the order confirmation from the seller. Shipping can only be done after full payment.
5.4 As part of the payment service "PayPal Plus" different payment methods are offered as PayPal services. The buyer will be redirected to the website of the online provider PayPal. There, the buyer can provide his payment details, confirm the use of his data by PayPal and the payment order to PayPal.
If the buyer has chosen the PayPal payment method, the latter must be registered there in order to pay the invoice amount or first register and legitimize his access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. Further notes are included in the ordering process.
If the buyer has chosen the method of payment credit card, the customer must not be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment order and after its legitimacy as a legitimate cardholder by its credit card company at the request of PayPal and debited his card. Further notes are included in the ordering process.
If the buyer has chosen the method of payment direct debit, he must not be registered with PayPal in order to pay the invoice amount. By confirming the payment order, the buyer gives PayPal a direct debit mandate. About the date of the account debit the buyer is informed by PayPal (so-called Prenotification). Upon submitting the direct debit mandate immediately after confirming the payment order, PayPal will ask its bank to initiate the payment transaction. The payment transaction is carried out and the buyer's account is debited. Further notes are included in the ordering process.
5.5 By choosing the payment method "cash on delivery", the buyer pays the purchase price directly to the deliverer, plus 7.50 Euro as costs.
5.6 After placing the order, the customer will be redirected to the website of the online provider Sofort GmbH. To be able to pay the invoice amount immediately, the buyer must have a PIN / TAN online banking account that has been activated to participate in Sofort, must legitimize himself and confirm the payment order to the seller. Further notes are included in the ordering process. The payment transaction will be immediately executed immediately and your account debited.
6. Delivery, transfer of risk
6.1 The seller sends the goods as soon as possible - the delivery times can be found on the respective product pages - after receipt of the full purchase price, to the delivery address specified by the buyer. Until the time of receipt by the buyer, the time that the transport company uses regularly and on which the seller can not exert any influence must be added (depending, inter alia, on the distance to the desired place of delivery / country and, if applicable, individual customs clearance).
6.2 The goods are shipped via DHL or UPS exclusively within the European Union. Delivery to buyers in countries outside the European delivery community is not possible.
6.3 The seller is entitled to perform the service by dividing the order into several consignments, if a contract for a delivery of multiple items has come about and it is possible and reasonable for the buyer after the conclusion of the contract circumstances and reasonable, according to their destination, each individually to use.
6.4 The risk of accidental loss or accidental deterioration of the object of purchase passes to the buyer as soon as he has acquired possession of the purchased goods or is in default of acceptance.
6.5 If the buyer is in default of acceptance, fails to cooperate or if the delivery is delayed for other reasons for which the buyer is responsible, the seller shall be entitled to demand compensation for the resulting damage including additional expenses (eg storage and transport costs) from the buyer.
If one of the following circumstances occurs after conclusion of the contract, the seller is entitled to withdraw:
· In the case of incorrect or late delivery, unless the seller has caused it. This is the case if the seller had already ordered the goods from his supplier before concluding the purchase contract with the buyer. In such a case, the seller informs the buyer immediately that the ordered goods are not available.
· If the delivery attempt fails three times at the buyer.
Already provided consideration of the buyer will be refunded in case of withdrawal. The legal rules of rescission (§§ 346 ff. BGB) apply.
8. Material defects, warranty
8.1 Unless otherwise expressly agreed below, the statutory warranty rights apply. Obvious damage in transit must be reported to the transporter as well as to the seller without any impact on the purchaser's statutory warranty claims.
8.2 The statutory warranty regulations and deadlines apply. The warranty period is two years from delivery of the goods.
8.3 The warranty does not cover the usual wear and tear of the item as well as defects that arise after delivery, for example due to external influences. Warranty claims do not exist in case of improper handling of the goods by the buyer.
9. Liability for other breaches of duty
9.1 The liability of the seller for breaches of duty that do not exist in a defect or have caused damage beyond the defect is, unless otherwise stated below, according to the statutory provisions.
9.2 The seller is liable for damages only for intent and gross negligence - for whatever legal reason. In addition, he is only liable for simple negligence in the event of damage resulting from injury to life, limb or health or in the event of a breach of a material contractual obligation. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the second case, the liability of the seller is limited to the compensation of the type of goods foreseeable, typically occurring damage. The above limitations of liability also apply to legal representatives or vicarious agents of the seller.
9.3 Claims of the buyer in accordance with the Product Liability Act remain unaffected by the above provisions.
10. Right of withdrawal
For buyers who are consumers in the sense of civil law regulations, ie natural persons who conclude the purchase for a purpose that can be attributed neither their commercial nor their independent professional activity, the statutory right of revocation, on which the seller applies in good time Contracting expressly instructed. The instruction can also be viewed under the menu item Widerrufsbelehrung, can be printed out on request and will be sent again with the order confirmation.
11. Notes on data storage and processing
The seller saves the contract text and sends the buyer the order data and a shipping confirmation to the email address provided by the buyer. These terms and conditions can be viewed by the buyer at any time. The buyer can view past orders in his customer account.
12. 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.
13. Final provisions
13.1 Contracts between the seller and the buyer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention.
13.2 Any ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions.
GM Griechische Top Markt GmbH