Terms and Conditions

1. Conclusion of Contract

Goods and Foods negotiate the order of high-quality gift hampers and are managed by a single marketing system between the co-operators and the customers. The contract between the customer and co-operator counts as closed if the customer's order is accepted and confirmed by the co-operator and once the product is paid by the customer.

2. Withdrawal

Referring to § 312 d BGB the customer has no legal right to withdraw or return the goods, as the ordered goods are unsuitable for return or are classified as perishable foods.

3. General Payment

The costs for packaging and delivery to the beneficiary are included in the all-in price of the gift hamper. All prices include sales tax.

4. Quality Guarantee

The quality guarantee covers the consignment of ordered goods, as well as the delivery by the date stipulated and to the agreed place of destination.

The goods are delivered in fresh and best quality.

The customers select the variety and contents of the gift hampers. Nevertheless it can occur that articles are not available. Therefore the gift hamper in kind can differ in particular cases. This gives proof, that each gift hamper is arranged locally with fresh goods. In either case the presentee with the personal gift, will associate treat and taste.

The beneficiary confirms with his/her signature for the customer that the goods were delivered in accurate quality and without fault. The beneficiary assumes to liabilities of goods, immediately after acceptance of delivery.

If reasons for quality failure arise, the customer should give immediate notice of complaint to the co-operator - otherwise the delivery of goods is declared as free of fault.

5. Delivery

Delivery of goods is basically carried out during shopping hours of the co-operator. Fixed delivery dates and other delivery arrangements will only occur in clear and written agreement.

The delivery is handed over to the named beneficiary and to the named place of destination. The delivery of goods to premises, neighbours or third parties is only acceptable, if permitted by the customer. In this case the customer is responsible for theft or improper storage of the gift hamper. If the beneficiary is to be informed before delivery, this should be clearly stated with the placement of order. It is not sufficient, just to mention the beneficiary's telephone number.

The customer carries the responsibility for the correctness and completeness of the beneficiary's address.

Extra costs that arise from attempted unsuccessful deliveries, due to incorrect information, will be charged separately to the customer.

By refusal of delivery by the beneficiary, the customer remains obligated to settle payments.

The customer is entitled to collect the gift hamper at the co-operator's shop within 5 days, otherwise further requirements expire.

6. Limitation of liability

In comparison to consumers, the co-operators are only liable to intention and coarse carelessness. In case of infringement of contractual obligations, debtor's delay or the impossibility to represent, the co-operator is liable to culpable performance of their employees and subcontractors. Except from intention and/or coarse carelessness of legal representatives, employees or subcontractors, the liability complies with contract conclusions and is limited to foreseeable damage.

In comparison to contractors, the co-operators are liable, except in the case of infringement of contractual obligations and only if the legal representative or executive staffs are charged with intention or coarse carelessness. Co-operators are liable to subcontractors only if intention and coarse carelessness, as far as essential contractual obligations are not complied to. Except with intention or coarse carelessness of legal representatives, executive staff or coarse carelessness of other subcontractors, no liability for the replacement of indirect damage, in particular for lost profit exists.

Except with intention or coarse carelessness the liability is limited to the foreseeable damage with contract conclusions.

The aforementioned liability exclusions and restrictions towards contractors or consumers assume no responsibility, in the case of explicit guarantee by the co-operator and for health and safety risk of life, body and health, as well as in the case of compelling legal regulations.

7. Data Protection

The customer agrees that his/her personal data are recorded for order procedures. The customer accepts to the survey, handling and usage of his/her personal data. The customer has the right to withdraw the agreement at all times and with immediate effect. In this case, the data is deleted immediately, unless an order procedure is not complete.

Without formal authorisation by the customer his/her personal data are used and recorded solely for order procedures.

The personal data is only forwarded to the respective co-operator.

8. Jurisdiction

Place of jurisdiction of conflicts between co-operators and customer is the place of the co-operator.