Caviale Manufaktur

General terms and conditions of business of the CAVIALE.^MANUFAKTUR Online-Shop at www.caviale-manufaktur.com. (As at 30.11.2009)

These general terms and conditions shall apply for all products offered on the website www.cavaile-manufaktur.com (CAVIALE.^MANUFAKTUR Online-Shop). The offerings are intended only for consumers with a delivery address in Germany. Your contractual partner is:

Otto Maier GmbH, Donaustrasse 18, D-93090 Bach, Germany

The company's registered office is at Bach (Commercial Register: District Court Regensburg, Commercial Register Part HRB 7976)
Managing Director: Otto Maier jun. 
The contract is concluded in the German language. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

2.1 All offers on the website constitute a non-binding invitation to the customer to purchase and are subject to change without notice. The required goods can be ordered by completing in full one of the order forms provided on the above website. When completing the form the customer is given the opportunity to acknowledge and print out these terms and conditions. The order can only be sent off if these general terms and conditions of business have been accepted.

2.2 By sending the order the customer is making a binding offer to conclude a purchase contract. CAVIALE.^MANUFAKTUR will confirm receipt of the order without delay. The confirmation of receipt does not yet constitute a firm acceptance of the order.

2.3 Acceptance of the order shall be upon shipment of the goods. The purchase contract therefore comes into effect upon dispatch of the ordered goods.

2.4 If the customer orders the goods from the online shop, the order details will be recorded at Caviale-Manufaktur. Customer may request that the recorded order details and these general terms and conditions be sent to him by email.

2.5 The prices on which the specific order is based shall apply for the order. An order will not be executed if a price is identifiable as incorrect even at first glance or if CAVIALE.^MANUFAKTUR would be entitled to appeal in respect of incorrect information provided.

3.1 Customer may withdraw from the contract of sale without giving any reason within 2 weeks. This period shall begin at the earliest upon receipt of the goods and the information about cancellation as set out under "Cancellation Policy" below. For adhering to the period of notice for cancellation it will suffice to send off the cancellation in good time.

3.2 The customer shall not be entitled to cancel the ordered products if the nature of the products is such that they are not suitable for returning, or may spoil rapidly, or their use-by date has been exceeded (§ 312d paragraph 4 No. 1 BGB German Civil Code).

3.3 In the event of a cancellation taking effect the goods already received are to be returned and any utility derived (such as interest) is to be surrendered. If the customer cannot return the received goods in whole or in part, or only in an impaired condition, he may where applicable have to pay compensation to CAVIALE.^MANUFAKTUR . This shall not apply for the transfer of goods, if the impairment of the item is exclusively attributable to its examination, such as would have been possible in a retail store. In other respects the customer may avoid the obligation to pay compensation by not putting the item to use as if it were his property and by avoiding everything that might impair its value.

3.4 In the event of a cancellation taking effect the goods already received are to be returned and any utility derived (such as interest) is to be surrendered. If the customer cannot return the received goods in whole or in part, or only in an impaired condition, he may where applicable have to pay compensation to CAVIALE.^MANUFAKTUR . This shall not apply for the transfer of goods, if the impairment of the item is exclusively attributable to its examination, such as would have been possible in a retail store. In other respects the customer may avoid the obligation to pay compensation by not putting the item to use as if it were his property and by avoiding everything that might impair its value.

You may withdraw from your contractual declaration within 2 weeks without specifying a reason by giving us written notice (e.g. by post, fax or email) or by returning the goods. The period shall begin at the earliest upon receipt of the goods and this instruction. For adhering to the period of notice for cancellation it will suffice to send off the cancellation or the item itself in good time. The cancellation is to be addressed to:

CAVIALE.^MANUFAKTUR Otto Maier GmbH, Donaustrasse 18 39, D-93090 Bach, Germany

In the event of a cancellation taking effect the goods and payments already received by both parties are to be returned and any utility derived (such as interest) surrendered. If you cannot return the received goods to us in whole or in part, or only in an impaired condition, you may under these circumstances be obliged to pay compensation to us. This shall not apply for the transfer of goods, if the impairment of the item is exclusively attributable to its examination, such as would have been possible in a retail store. In other respects you may avoid the obligation to pay compensation by not putting the item to use as your property and by avoiding everything that might impair its value.

Items suitable for parcel delivery are to be returned. You will bear the costs for the return if the item delivered corresponds to the item ordered and if the price of the item to be returned does not exceed 40 € or, in the event of a higher priced item you have not yet paid for the item, or made a contractually agreed part payment, at the time of cancelling your order. Otherwise you will not have to pay for sending back the goods. Items not suitable for sending by parcel post will be collected from your address. You must fulfill any obligations relating to the refunding of payments within 30 days after sending your notification of cancellation. 

4.1 Only prepayment or cash on delivery are accepted.

4.2 All prices include statutory sales tax (value added tax).

5.1 Delivery will be made ex-warehouse of a supplier commissioned by CAVIALE.^MANUFAKTUR to the delivery address specified by the customer. Delivery will only be executed provided there is sufficient stock. Any probable delivery dates advised by CAVIALE.^MANUFAKTUR or its commissioned supplier are always non-binding.

5.2 From an invoice value of € 200.00 upwards shipping and handling are free of charge within Germany. If the invoice value is less than € 200.00 shipping and handling charges will be € 15.00. From an invoice value of € 300.00 upwards shipping and handling are free of charge within the EU. If the invoice value is less than € 300.00 shipping and handling charges will be € 30.00.

6.1 The customer shall be obliged to accept the goods supplied, unless he is temporarily hindered from doing so through no fault of his own.

6.2 If the customer remains in default of acceptance of the goods intentionally or due to gross negligence for more than 3 days from notification of readiness, CAVIALE.^MANUFAKTUR shall be entitled, after granting an extension for a further 5 days, to withdraw from the contract or demand compensation due to non-performance. There is no need to grant an extension if the customer seriously or conclusively refuses to accept the delivery.

6.3 Even for items sold for dispatch the risk of accidental loss and deterioration of the sold item is not transferred until the item has been handed over to the customer. For the purposes of handover it is of no consequence that the purchaser is in default of acceptance.
6.4 If the customer should declare that he will not accept the delivery item, the risk of accidental loss or deterioration of the item is transferred to the customer at the point of refusal.

7.1 The delivered product shall remain the property of CAVIALE.^MANUFAKTUR until payment in full of all receivables due to CAVIALE.^MANUFAKTUR out of its business relationship with the customer. Customer shall be obliged to treat carefully items under the retention of title of CAVIALE.^MANUFAKTUR .

7.2 Customer shall not be entitled to avail of any items under retention of title. In the event of pledging or confiscation customer must advise CAVIALE.^MANUFAKTUR immediately in writing and must immediately inform third parties in a suitable form about the retention of title.

7.3 In the event that customer nevertheless disposes of the delivery items and that CAVIALE.^MANUFAKTURauthorises this, customer assigns all claims in respect of his buyer to CAVIALE.^MANUFAKTUR upon conclusion of the contract. Customer shall be obliged to make available to CAVIALE.^MANUFAKTUR all information necessary for the assertion of these rights and to provide the required assistance.

8.1 Warranty entitlements on the part of purchaser presuppose that he has examined the goods received in respect of completeness, transport damage, obvious defects, condition and properties. Customer must immediately advise CAVIALE.^MANUFAKTUR in writing about obvious defects. Hidden defects have to be reported immediately after discovery.

8.2 The customer may initially choose whether supplementary performance shall be by repair or replacement. However, CAVIALE.^MANUFAKTUR shall be entitled to refuse the method of supplementary performance if it is only possible at a disproportionately high cost and there remains another method of supplementary performance without substantial detriment to the consumer. During supplementary performance a reduction of the purchase price or withdrawal from the contract by the consumer are precluded. Supplementary performance shall be deemed to have failed after the second unsuccessful attempt. If supplementary performance has failed or has been refused altogether, the consumer may opt to either demand a reduction in the purchase price or withdraw from the contract.

8.3 The warranty period for new goods is 2 years.

8.4 If customer opts to withdraw from the contract due to a material defect or defect of title following a failed supplementary performance, he shall not be entitled to any additional claim for compensation due to the defect.

8.5 If customer opts for the payment of compensation following a failed supplementary performance the product shall remain in the customer's possession if this is reasonable. Compensation shall be limited to the difference between the purchase price and the value of the deficient item. This shall not apply if the contractual violation has been caused maliciously by CAVIALE.^MANUFAKTUR .

8.6 Customer shall not be entitled to withdraw from the contract if the contractual violation is only slight, particularly in the case of minimal defects.

8.7 Guarantees as defined by law are not provided by CAVIALE.^MANUFAKTUR . This does not affect manufacturers' warranties.

8.8 Natural wear such as the expiry of the use-by date is excluded from the warranty.

8.9 The warranty shall be void if the customer has himself or via third parties modified items delivered without the approval by CAVIALE.^MANUFAKTUR , unless the customer can prove conclusively that the defects concerned have not been caused entirely or partly by such changes and that it will not be more difficult to rectify the defects due to the modifications.

8.10 If customer has made a warranty claim against CAVIALE.^MANUFAKTUR and it should emerge that either no defect exists or that the defect asserted does not obligate CAVIALE.^MANUFAKTUR under the terms of the warranty, customer shall indemnify all expenditure incurred by CAVIALE.^MANUFAKTUR and any entities commissioned by it if the claim asserted against CAVIALE.^MANUFAKTUR has been made with gross negligence or intent.

9.1 Claims for damages on the part of the customer from positive violations of contractual obligations and the breach of duties in contract negotiations are precluded. CAVIALE.^MANUFAKTUR shall not be liable for loss of earnings, savings not made, losses due to third party claims and other indirect and consequential losses.

9.2 CAVIALE.^MANUFAKTUR shall be liable in the event of intent and gross negligence in accordance with the statutory regulations.

9.1 In the event of slight negligence CAVIALE.^MANUFAKTUR will only be liable if a major contractual obligation (cardinal obligation) is breached or in the case of default or impossibility of performance. In the event of a liability due to slight negligence this liability will be limited to such losses as are foreseeable and/or typical.

9.2 This does not affect any liability for the absence of guaranteed properties, due to malice, for personal injury, defects of title pursuant to the Product Liability Act and the Federal Data Protection Act.

9.3 Claims for tort damages are precluded, unless the loss or damage has been caused by intent or through gross negligence. This shall also apply to actions on the part of vicarious agents acting on behalf of CAVIALE.^MANUFAKTUR .

9.4 In the event of a claim against CAVIALE.^MANUFAKTUR under warranty or liability the contributory negligence of the customer shall be considered commensurately.

10.1 CAVIALE.^MANUFAKTUR is allowed to gather, process and utilize personal data, billing data and usage data relating to the customer even without customer's express consent, insofar as this is necessary for the performance of the contract.

10.2 CAVIALE.^MANUFAKTUR will not pass on your personal data to third parties for any other purpose (e.g. consultancy, advertising, market research).

10.3 Customer shall be entitled to receive at any time upon application and free of charge, information about the personal data stored about him. The information is also to be issued in electronic form if requested by customer. Moreover, customer shall be entitled to have such data corrected, blocked and deleted within the scope of the statutory regulations.

10.4 CAVIALE.^MANUFAKTUR guarantees that it will use suitable technical and organizational means to prevent unauthorized third parties from either gaining insight or more extensive access to the data stored at CAVIALE.^MANUFAKTUR 

Data stored in electronic records or other electronic forms at CAVIALE.^MANUFAKTUR or entities acting on behalf of CAVIALE.^MANUFAKTUR shall be valid as admissible evidence for verifying data transfer, contracts and payments executed between the contracting parties.

12.1 Should individual provisions of these general terms and conditions be or become entirely or partly invalid this shall not affect the validity of the remaining provisions. Rather, the invalid provisions will be replaced by rulings coming as close as possible in purpose to the invalid provision.

12.2 Supplementary agreements have not been reached. Any amendments to the contract shall become valid only if confirmed in writing.

12.3 Customer may assign his rights from a business relationship with CAVIALE.^MANUFAKTUR only subject to the written agreement of CAVIALE.^MANUFAKTUR . Customer shall be permitted to offset against the purchase price receivable only in the event of acknowledged or legally established counterclaims.

12.4 Place of jurisdiction will be determined in accordance with the statutory regulations. German law shall apply exclusively.