General Terms and Conditions and Customer Information
I: General terms and conditions of business/delivery and mandatory information
II: Information on dispute resolution procedures
I. General terms and conditions of business/delivery and mandatory information
Provider and contractual partner
Lemberg Lebensmittel GmbH
Germaniastr. 29
12099 Berlin
Telephone: +49/(0)30/ 226 055 0
Fax: +49/(0)30/ 226 055 222
E-mail: info@lemberg-kaviar.de
VAT ID: DE813678408
Managing Director: Igor Lorenz, Ruslan Volny
Registration court: Charlottenburg District Court
Registration number: HRB 88129 B
Status: 10/2024
§ 1 - Scope
(1) These terms and conditions of Lemberg Lebensmittel GmbH (hereinafter: "Seller") apply to all sales of goods by the Seller via its online shop. The inclusion of the customer's terms and conditions is contradicted unless the parties have expressly agreed otherwise.
(2) “Customers” are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 - Conclusion of contract
(1) The seller’s product offers merely represent an invitation to the customer to make a purchase offer. By completing the order process, the customer makes a binding purchase offer to the seller. Acceptance of this purchase offer by the seller only takes place by means of a separate declaration of acceptance within 48 hours of receipt of the purchase offer.
(2) The goods are only sold in household quantities.
(3) The customer’s order process begins when they place a product in the shopping cart using the “Add to cart” button. The customer can access his or her personal shopping cart at any time using the “Shopping cart” symbol button in the top menu bar. In the shopping cart, the customer has the option of changing the order quantity by selecting the desired quantity or deleting a product from the shopping cart by clicking the “Trash can” symbol button.
Once the customer has filled their personal shopping cart with the product they want, they can continue the ordering process by clicking on the "Proceed to checkout" button on the following page.
If the customer has already registered for the seller's online shop, they can continue their order by entering their registered email address and the associated password in the "Log in" field.
If the customer is not yet registered, they can continue their order as a guest and enter their personal data.
The customer then has the option of selecting a shipping method offered by the seller. The selection is made "by clicking" and must be confirmed by clicking on the "Continue" button. The customer then has the option of selecting a payment method offered by the seller. The selection is also made "by clicking".
The customer can make any corrections to the data entered using the "pencil" symbol button in the respective input mask. The shopping cart can be changed using the “Shopping cart” icon button in the top menu bar.
In order to be able to place an order, the customer must further confirm the validity of the general terms and conditions by activating the field "I have read the general terms and conditions of your shop and agree to their validity. I have taken note of the cancellation policy."
The customer places his binding order for the products placed in the shopping cart by clicking on the "Order with payment" or "Buy now" button.
(4) The purchase is processed and contact is made by email using the automated purchase processing software. The customer must therefore ensure that the email address he provides for the purchase is correct so that correspondence can be carried out via this. If spam filters are used, the customer must ensure that all emails sent by the seller or his purchase processing service providers for the purchase are received.
§ 3 - Contract storage
The order confirmation sent by email contains the customer's order data as well as the general terms and conditions customer information and the cancellation policy along with a sample cancellation form. The contract text is not saved by the seller after the contract has been concluded. Accordingly, further permanent backups of the offer must be arranged by the customer himself (e.g. by taking a screenshot).
§ 4 - Prices
The prices stated by the seller include all price components. VAT is shown separately. Packaging and shipping costs are shown and charged separately for the respective product offer or via the "Shipping costs" link. Other price components, such as additional taxes, customs duties or other charges, may apply for cross-border deliveries.
§ 5 - Terms of payment
Payments can be made as follows:
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Payment in advance
Before the order is sent, the customer is informed of the seller's account details for payment. Once the payment amount has been credited to the seller's specified account, the goods are shipped.
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Payment via PayPal
Before the order is sent, the customer is redirected to the website of the payment service provider PayPal, where payment can be made to the seller. Payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. After payment has been confirmed by PayPal, the goods will be dispatched.
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Payment by credit card via Stripe
During the ordering process, the customer is asked to enter their credit card details. Payment is processed via the service provider commissioned by the seller, Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin.
§ 6 - Delivery
(1) The delivery times specified for the products begin on the day following the day on which the customer instructs his payment service provider to pay. In the case of credit card payment and orders via direct to PayPal, on the day following the day on which the contract is concluded. Delivery will take place within the specified delivery time at the latest. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of receipt, the next working day will take the place of this day.
(2) In the case of delivery outside of Germany, the latest delivery time specified for the products is extended by 5 working days for deliveries within EU member states, and by 10 working days for all other deliveries.
§ 7 - Retention of title
The goods delivered remain the property of the seller until all claims arising from the contract have been fulfilled.
§ 8 - Liability for defects
(1) For sales to a merchant in the commercial law sense (§ 1 HGB), the commercial inspection and complaint obligations within the meaning of § 377 HGB apply. If the statutory notification obligations are omitted, the goods are deemed to have been approved.
(2) Otherwise, the statutory provisions apply.
§ 9 - Contract language
The contract language is German.
§ 10 - Trusted Shops quality criteria
The seller has submitted to the Trusted Shops quality criteria. These can be viewed at the URL http://www.trustedshops.de/tsdocument/TS_QUALITY_CRITERIA_de.pdf
§ 11 - Final provisions
(1) The law of the Federal Republic of Germany applies.
(2) The choice of law according to paragraph 1 applies to consumers within the meaning of Section 1 paragraph 2 sentence 1 only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
II: Information on dispute resolution procedures
We are not willing or obliged to participate in a dispute resolution procedure.