Please read all these terms and conditions.
Terms and Conditions will apply to the purchase of the goods by you the Customer. We are the Spoons Of Taste SP. Z O.O., whose Head Office is at: ul. Kościuszki 67/2, 40-047 Katowice under number: KRS 0000829674 , Poland and other registered offices include: Spoons of Taste GmbH, whose address is: Schellingstr. 109a, 80798, Muenchen, Germany under number:HRB 255444 with email address firstname.lastname@example.org.
These are the terms on which both entities sell all Goods to you. When ordering on Spoons Of Taste website you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods if you are eligible to enter into a contract and are at least 18 years old.
If any part of these Additional Conditions for framework contracts be or become invalid, the validity of the remaining provisions shall not be affected.
HOW THESE TERMS AND CONDITIONS APPLY
The description of the Goods is as set out in the website, catalogues, brochures or other forms of advertisement. Descriptions are for illustrative purposes only, due to the products being made in smaller batches there may be small discrepancies in the Goods supplied. Goods which appear on the Website are subject to availability. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes if it is needed or required.
2. PERSONAL INFORMATION
3. BASIS OF SALE
When an Order has been submitted on the Website, we can reject it for any reason we see fit. You are responsible for checking that you have used the ordering process correctly. The Order process set out on the website allows you to check and amend any errors before submitting the Order. Only when you receive an order confirmation from us is a contract for the sale of goods formed. It is your responsibility to inform us of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it. You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
No variation of the Contract can be made after it has been entered into unless agreed by the Customer and the Supplier in writing.
4. PRICE AND PAYMENT
The price of the goods as well as delivery costs or other charges is that set out on the Website at the date of the Order. Unless stated otherwise by us in writing. Prices and charges include VAT at the rate applicable at the time of the Order. Prices of the goods don’t contain costs of packing, freight, carriage and insurance and customs duties.
We take payment immediately when the order is made, you must pay by submitting your credit or debit card details with your Order.
We will deliver the Goods, to the Delivery Location, within the agreed time frame, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
If we do not deliver the Goods on time, regardless of events beyond our control, you can treat the Contract at an end if:
a. we have been unable to deliver the Goods, or if delivery on time is essential due to relevant circumstances when Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you want to end the contract, we will unless agreed otherwise, swiftly return all payments made under the Contract terms. If you were entitled to end the contract, but chose not too, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered. If you do this, we will, unless agreed otherwise, return all payments made under the Contract for any cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them.
You agree we may deliver the Goods in instalments if we experience a genuine and fair reason, subject to the above reasons and provided you are not liable for extra charges. If you or your nominee fail to take delivery of the Goods at the Delivery Location, you may charge the costs of storing and redelivering them.
The Goods, once delivery is completed or you have made collection, are your responsibility. You must examine the Goods before accepting them.
With our deliveries, we consider the applicable legal rules of the European Union and the Federal Republic of Germany
6. RISK AND TITLE
Once the goods have been delivered to you, they are under your responsibility.
You do not own the Goods until we have received payment in full. We reserve the right to cancel delivery and end your right to use the Goods owned by you at any time if full payment is overdue or a step occurs towards your bankruptcy. In which case you must return them or allow us to collect them.
7. Withdrawals and Cancellations
You can cancel the order by telling us before the Contract is made, without giving us a reason, and without incurring any liability. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. You are able to cancel within 14 days of acquiring, or a third party physically acquires possession of the last of the Goods. In a contract for the supply of goods over time (i.e subscriptions), the right to cancel will be 14 days after the first delivery. To cancel, you must inform us of your decision to cancel this Contract in writing before the cancellation period has expired. You must be able to show clear evidence of when the cancellation was made.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied. If the loss is the result of any unnecessary handling by you, you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will reimbursement you without undue delay, no later than 14 days after the day on which we are informed about your decision to cancel this Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction unless we have agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods in connection with the Contract which you have cancelled, you must email us at email@example.com no later than 14 days from the day on which you communicate to us your cancellation of this Contract. You must send back the Goods before the period of 14 days has expired in order to meet the contract deadline. If you do not you agree that you will have to bear the cost of returning the Goods.
We have a legal obligation to supply the Goods as set out in the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
It is not a failure to conform if the failure has resulted from your materials.
9. SUCCESSORS AND OUR SUB-CONTRACTORS
Both parties can transfer the benefit of this Contract to another party, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it selects to help perform its duties.
10. CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY (VIS MAIOR)
In the situation of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
11. EXCLUDING LIABILITY
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
12. GOVERNING LAW, JURISDICTION AND COMPLAINTS
The Contract and any non-contractual matters are governed by the law of Germany.
Disputes can be submitted to the jurisdiction of the proper court. Competent court in all cases, in case of doubt is the court competent for the registered office of the company. In matters not covered by the above agreements, EU law on jurisdiction and relevant international agreements shall apply accordingly. Our staff will lead all costumers through consumer law if it will re required, especially rules laid down in DIRECTIVE 2002/65/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC and DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
Irrespective of the court procedure applicable to German jurisdiction, consumers have the right to take advantage of the proceedings governed by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. The condition is that the customer's claim should not exceed 5000 Euro. The court's decision is automatically recognised in other EU countries. However, if the defendant does not comply with the court's decision, you can contact the law enforcement authorities in his country. Moreover, consumer has a right to file a lawsuit in procedure regulated by REGULATION (EC) No 1896/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 creating a European order for payment procedure.
Please notice that above rights will also apply in cases of British consumers in period during a transitional period during which all rights and obligations other than Britons are also applicable to Britons.
We do not wish to enter into any dispute, so we deal with complaints in the following way: If for whatever reason you are not happy, please contact us using firstname.lastname@example.org.
We value you and will respond to you as soon as possible (normally within 2 business days).