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Conditions

Terms of Service (16.04.2021)

1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online shop on the real.de marketplace by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT, POSSIBILITIES FOR CORRECTION
The purchase contract is concluded with Diba Foods GmbH.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided in the order process and use the explained proofing tools. By clicking the order button, you are making a binding offer for the goods in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.

We accept your offer within two days by
- we submit a declaration of acceptance in a separate email or
- we have the goods delivered or
- if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").
The alternative that is relevant for you depends on which of the listed events occurs first.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The language (s) available for the conclusion of the contract: German, English

We save the text of the contract on our systems, which, however, are not accessible to you.

However, you can view your last orders via your real.de account under “My Account”. The full text of the contract is not available there.

4. TERMS OF DELIVERY
In addition to the stated product prices, there are also shipping costs. You can find out more about the amount of shipping costs in the offers.

We only deliver by post. Unfortunately, a self collection of the product is not possible.

5. PAYMENT
The following payment methods are generally available in our shop:

Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card
Enter your credit card details in the order process. Your card will be charged immediately after you have placed your order.

PayPal
In order to receive the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

Immediately by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”) we offer you the following payment option. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information with the respective payment option and in the order process.
Klarna direct debit: You give Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the account debit (so-called prenotification). The account will be debited after the goods have been dispatched.
Purchase on account via Klarna: The invoice amount is due 14 days after the goods have been dispatched and the invoice has been received.
Installment purchase via Klarna: You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is 6.95 euros.

Purchase on account via Klarna: The invoice amount is due 14 days after the goods have been dispatched and the invoice has been received.
Installment purchase via Klarna: You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is 6.95 euros.


Installment purchase through Consors Finanz
In collaboration with BNP Paribas S.A. Germany branch, Europa-Allee 12, 60327 Frankfurt am Main, we offer you the option of purchase in installments. A successful address and credit check is required. In addition to our terms and conditions, the terms and conditions of BNP Paribas S.A. apply to payment processing. You will receive further information, including the General Terms and Conditions of BNP Paribas S.A., during the ordering process.

6. RIGHT OF WITHDRAWAL
You have the statutory right of withdrawal, as described in the cancellation policy.

7. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

8. WARRANTIES AND GUARANTEES
The statutory right to liability for defects applies. Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

Customer service: Customer service: daily 9 a.m. - 4 p.m.

9. LIABILITY
We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• as far as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
Otherwise claims for damages are excluded.

10. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution, which you can find here [https://ec.europa.eu/consumers/odr/]. We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The federal universal arbitration board at the Center for Arbitration, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbübers-schlichter.de [https://www.verbübers-schlichter.de]

11. FINAL PROVISIONS
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.


Terms and Conditions [https://shop.trustedshops.com/de/rechtstexte/] created with the Trusted Shops [https://shop.trustedshops.com/de/] legal copywriter in cooperation with FÖHLISCH Lawyers [https://foehlisch.com ].

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