GENERAL TERMS AND CONDITIONS (ONLINE SHOP)
§ 1 Scope and Provider
(1) These general terms and conditions apply to all orders that you place in the online shop of: Indian Restaurant Taj Mahal, Münchener Str. 74, 83022 Rosenheim - owner: Siddique Muhammad.
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are based exclusively on these general terms and conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid general terms and conditions on the website [enter link].
§ 2 conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button ["Order now with obligation to pay" / "Buy"] you are submitting a binding purchase offer (Section 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer (order confirmation) and send the goods to you - without a prior express declaration of acceptance.
§ 3 prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping information" / "Delivery conditions"].
§ 4 Terms of Payment
(1) Payment can be made either by: cash or PayPal
(2) We are responsible for selecting the respective available payment methods. In particular, we reserve the right to offer you only selected payment methods for payment, for example only prepayment to hedge our credit risk.
(3) If you choose the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount is to be paid in cash upon delivery / collection or by PayPal in advance.
(4) When paying by cash on delivery, an additional fee of EUR [X] is due, which the deliverer collects on site. There are no other costs or taxes.
(5) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account is actually charged at the time we send the goods to you.
(6) When paying with PayPal you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(7) When paying by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account details.
(8) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for every reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.
§ 5 Offsetting / right of retention
(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 delivery
Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have given.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we are not obliged to deliver the goods ordered if we have properly ordered the goods on our part, but were not delivered correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of goods and that we have informed you of this fact immediately. In addition, we must not have taken the risk of procuring the goods ordered. If the goods are not available, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies: - We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted. - You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves. - When combining and mixing 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. - We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 cancellation policy
Food and drinks that have been ordered and specially prepared at the customer's request are generally excluded from revocation. By sending the order to the "Buy" or "Order with obligation to pay" button, the purchaser / sender waives his right of withdrawal and instructs Taj Mahal Rosenheim to start the service immediately.
Copyright and created by: HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org Chausseestrasse 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4