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General Terms and Conditions
(GTC)

General Terms and Conditions (GTC)

§ 1 – Scope of application

  • These terms and conditions of Imperial Delikatess d.o.o. (hereinafter: "Seller") apply to all sales, deliveries, and services of the Seller, especially those sales made by the customer to the Seller by phone or through the website (www.imperial-delikatess.hr). The inclusion of the customer's conditions is objected to, unless the parties have expressly agreed otherwise.

  • "Customers" include both consumers and entrepreneurs, with a consumer being any natural person who concludes a legal transaction for purposes that can be attributed neither to their commercial nor their independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legally responsible partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 – Conclusion of contract

  • By completing the online ordering process, submitting a written order, or placing a phone order, you make a binding contract offer to Imperial Delikatess d.o.o., Savska ceste 32, 10000 Zagreb (Hrvatska). The acceptance of the contract by the seller occurs through an explicit statement or, depending on the chosen payment method, through a corresponding payment request or dispatch of the goods.

  • The customer must ensure that the email address provided for the purchase process is accurate to facilitate correspondence. If spam filters are used, the customer must ensure that all emails sent by the seller for the purchase process are received.

  • Orders with a purchase price below €1 or above €9999.99 will be rejected. Please contact us by phone in these cases.

  • Imperial Delikatess d.o.o. reserves the right to reject an order without providing reasons. In this case, any payments already made will be refunded to the buyer within 7 working days.

§ 3 – Contract storage

  • The contract text is not stored by the seller after the conclusion of the contract; therefore, it cannot be viewed by the customer after the end of the ordering process. In the case of an online order, the customer will receive their order data via email along with the order or confirmation of the order. The customer should make arrangements for permanent backups of the offer and contract text themselves (e.g., by taking a screenshot).

§ 4 – Prices

  • The prices provided by the seller on the product pages include all components, including the respective Croatian value-added tax (VAT). VAT will be separately indicated on the invoice to be sent later. Packaging and shipping costs will also be shown separately. Discounts and cost limits (e.g., for shipping) can be calculated based on reduced or non-reduced prices. Other price components, such as additional taxes, customs duties, or other charges, may apply to cross-border deliveries. Information on this can be found, in particular, on the websites of the respective countries. An overview is also available on the website of the European Commission at: http://ec.europa.eu/taxation_customs/taxation/index_de.htm#

§ 5 – Terms of payment

Payments can be made as follows:

  • Once you have placed an order with us, you will receive an invoice by email containing payment information, including the amount, purpose, and bank details.

  • We exclusively accept bank transfers to our account at ERSTE Bank as the payment method.

 

 

§ 6 – Offsetting / Retention

  • The customer is only entitled to set-off if their counterclaim has been acknowledged by the seller or has been legally established.

  • The customer is authorized to exercise a right of retention only to the extent that their counterclaim is based on the same contractual relationship.

§ 7 – Retention of title

  • Until all claims arising from the contract have been fulfilled, the delivered goods remain the property of the seller.

  • If the customer is an entrepreneur, a legal entity under public law, or a special public fund, the retention of ownership also extends beyond the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.

§ 8 – Liability for defects

  • For sales to entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. The limitation period does not start anew if replacement is provided within the scope of liability for defects.

  • For entrepreneurs, the statutory limitation periods for recourse claims remain unaffected. The same applies to entrepreneurs and consumers in the case of intentional breach of duty and fraudulent concealment of a defect. In sales to entrepreneurs and consumers, these limitations of liability do not extend to claims for damages and reimbursement of expenses that the buyer may assert due to a defect.

  • In sales to a merchant in the commercial sense, the commercial duty to inspect and give notice of defects applies. If the statutory notification obligations are omitted, the goods are deemed to be approved.

  • In the event of injury to life, body, or health, the seller is liable without limitation for intent or gross negligence on any legal grounds. This also applies to deceit, warranty promises, or if liability occurs under mandatory legal provisions, such as the Product Liability Act.

  • Otherwise, the statutory provisions apply.

§ 9 – Data privacy

  • Imperial Delikatess d.o.o. informs that, for this contract, personal data will only be collected and stored in machine-readable form to the extent necessary to enter into, possibly modify, and perform this contractual relationship. In particular, due to its business model of "Dropshipping," Imperial Delikatess d.o.o. notifies that the customer's personal data (especially name/company name; contact person; address; OIB; phone number; order information) will be forwarded to Imperial Caviar GmbH, Rheinbabenallee 14, 14199 Berlin (Germany), in order to process the order, as Imperial Caviar GmbH directly ships the products ordered from Imperial Delikatess d.o.o. to the customer.

  • The buyer is entitled to request information about the scope and purpose of data processing and other recipients of the data at any time. Furthermore, he is entitled to correction, blocking, and deletion of his data after the completion of the purpose-related execution of the contract.

§ 10 – Duty to provide information in accordance with the ODR Regulation (EU) Nr. 524/201

§ 11 – Applicable law

  • For all legal relationships between Imperial Delikatess d.o.o. and the buyer, the law of the Republic of Croatia applies.

© 2024 by Imperial Delikatess

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