General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded between you and us as the provider (Danel Feinkost GmbH & Co. KG) via the website danel-feinkost.com, unless a modification has been agreed in writing between the parties. Differing or conflicting terms and conditions are only valid with our express consent.

(2) We offer our products for sale only to natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity (entrepreneurs). Contracts with consumers are excluded.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods. The essential characteristics of the goods are described in the respective offer.

(2) Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) You may submit a binding offer to enter into a contract (order) by telephone, e-mail, fax, post, or via the online shopping cart system.

When purchasing via the online shopping cart system, the goods you intend to buy are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Continue to Order" button (or similar) and entering your personal data as well as the payment and shipping terms, all order data will be displayed once more on the order overview page.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the internet browser), or cancelling the order. By submitting the order via the corresponding button, you make a binding offer to us. You will first receive an automatic e-mail confirming receipt of your order, which does not yet constitute conclusion of the contract.

(4) The offer is accepted (and the contract thereby concluded) either immediately upon a telephone order or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you do not receive such a notification within this period, you are no longer bound by your order. Any payments already made will be refunded immediately in such a case.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated via e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed, and in particular not prevented by SPAM filters.

§ 3 Prices, Payment Terms and Shipping Costs

(1) The prices stated in the respective offers as well as the shipping costs are net prices. They do not include statutory VAT.

(2) Any shipping costs are not included in the purchase price; they are calculated separately unless free shipping has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.

(3) Costs incurred for the transfer of money (bank transfer or exchange fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated from outside the European Union.

(4) You have the payment options listed under a correspondingly designated button on our website or in the respective offer. Unless a different payment period is specified for the individual payment methods or on the invoice, payment claims arising from the contract are due for payment immediately. Cash discounts are only permitted if expressly stated in the respective offer or invoice.

§ 4 Delivery Conditions

(1) The expected delivery time is stated in the respective offer. Delivery dates and delivery periods are only binding if confirmed by us in writing. For the payment method "prepayment by bank transfer", the goods will only be dispatched after receipt of the full purchase price and shipping costs.

(2) If a product you have ordered is unexpectedly unavailable for reasons beyond our control despite the timely conclusion of an adequate covering transaction, you will be informed of the unavailability immediately, and in the event of withdrawal any payments already made will be refunded without delay.

(3) Shipping is at your risk. If you wish, shipping can be carried out with appropriate transport insurance; the resulting costs are to be borne by you.

(4) Partial deliveries are permitted and may be invoiced independently by us, provided this does not result in additional shipping costs for you.

§ 5 Warranty

The warranty period is one year from delivery of the goods. The shortened period does not apply:

• to damage attributable to us caused by injury to life, body, or health, and other damage caused by intent or gross negligence;
• where we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
• to items used in accordance with their customary use for a building and which have caused its defectiveness;
• to statutory rights of recourse you may have against us in connection with defect rights.

(2) Only our own statements and the manufacturer's product description are deemed agreed as the quality of the item, but not other advertising, public statements, or announcements by the manufacturer.

(3) In the event of defects, we will at our discretion provide a remedy by repair or replacement delivery. If the remedy fails, you may, at your option, demand a reduction in price or withdraw from the contract. The remedy is deemed to have failed after an unsuccessful second attempt, unless something else follows in particular from the nature of the item or the defect, or from other circumstances. In the case of repair, we are not required to bear the increased costs arising from the transfer of the goods to a location other than the place of performance, provided such transfer does not correspond to the intended use of the goods.

§ 6 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

(3) You may resell the goods in the ordinary course of business. For this case, you hereby assign to us all claims in the amount of the invoice value that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

(4) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies, with the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance and place of jurisdiction is our registered office, provided that you are a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

§ 8 Protection of Minors

(1) For the sale of goods subject to the regulations of the German Youth Protection Act (Jugendschutzgesetz), we only enter into contractual relationships with customers who have reached the legally required minimum age. Existing age restrictions are stated in the respective product description.

(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you yourself, or persons authorized by you to receive the delivery who have reached the legally required minimum age, accept the goods.

(3) Insofar as we are obliged to carry out an age check on the basis of statutory provisions, we instruct the logistics service provider commissioned with delivery to hand over the delivery only to persons who have reached the legally required minimum age, and in cases of doubt, to have the identity card of the person receiving the goods shown for age verification.

(4) If, beyond the legally prescribed minimum age, we indicate in the respective product description that you must have reached the age of 18 to purchase the goods, paragraphs 1-3 above apply with the stipulation that legal age must be present instead of the legally prescribed minimum age.

II. Customer Information

1. Identity of the Provider

Danel Feinkost GmbH & Co. KG
Benzstr. 7
85551 Kirchheim
Germany
Phone: +49 89 998 8440 0
E-Mail: info@danel-feinkost.com

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The full text of the contract is not stored by us. Before submitting the order or the inquiry, the contract data can be printed using the print function of the browser or saved electronically.

This English translation is provided for your convenience. In the event of any discrepancy between the English and German versions, the German version shall prevail. These terms and customer information were drawn up by lawyers of the Händlerbund specialized in IT law and are constantly checked for legal compliance. Further information at: haendlerbund.de.