EKC logo-grau

General Terms and Conditions
ERSTE KAVIAR COMPANY EKC GmbH
for online transactions with consumers

§ 1 Preface

The following General Terms and Conditions (Allgemeine Geschäftsbedingungen; AGB) form an integral part of the contract and shall apply to all transactions, deliveries and services between ERSTE KAVIAR COMPANY EKC GmbH (hereinafter: EKC) and customers (hereinafter: “Customer”) concluded on the website “www.erste-kaviar-company.de”.

For the purpose of these terms and conditions, consumers shall be any individuals who conclude a legal transaction for a purpose not connected to their commercial or professional activities (§ 13 German Civil Code (Bürgerliches Gesetzbuch; BGB)). Entrepreneurs shall be any individuals or legal entities or partnerships who conduct a legal transaction for the purpose of their commercial or individual professional activities (§ 14 German Civil Code).

The goods offered in the online store on the website “www.erste-kaviar-company.de” are intended exclusively for consumers in accordance with § 13 of the German Civil Code. Customers placing an order represent that they are acting exclusively as consumers, i.e. as individuals who conclude a transaction for a purpose not connected to their commercial or professional activities.

Customer accepts the general terms and conditions of EKC in full as amended at the time of the conclusion of the contract.

Any excluding, contradicting or supplementing terms and conditions are hereby rejected; they shall not be part of the contract, unless expressly agreed on otherwise individually.

§ 2 Conclusion of the Contract

The offers on the website “www.erste-kaviar-company.de” do not constitute any legally binding offer from EKC, but shall only be an open invitation to submit an offer. By clicking the “Buy” button, Customer submits a legally binding offer to conclude a purchasing contract for the goods placed in the shopping cart, for the specified price.

Photos on the website www.erste-kaviar-company.de only serve as illustrations for individual products. Since the contractual objects are products of natural origin, the colors, sizes and shapes of the products may differ from those illustrated.

Immediately after submitting the order, Customer shall receive a confirmation email from EKC, which shall serve as confirmation of receipt only. This confirmation of receipt shall not constitute acceptance of Customer’s offer to EKC. The purchasing contract shall only be concluded after the order confirmation is sent out or the goods are delivered by EKC.

The contracting party shall be:

ERSTE KAVIAR COMPANY EKC GmbH

represented by its managing director Mr. Denis Vishnyakov

Hauptstraße 49

D-36166 Haunetal

Phone: +49 6673 208 3601

Telefax: +49 6673 / 918 663

Email: kundenservice@erste-kaviar-company.de.

Conclusion of the contract shall be subject to timely and proper delivery to EKC by its suppliers. However, the above shall only apply if the circumstances that caused a delivery failure were not due to the fault of EKC, e.g. by covering the transaction accordingly with the respective supplier.

The contractual language shall be German. After conclusion of the contract, EKC shall be bound to the contract for at least 90 days.

§ 3 Prices and Shipping Costs

The prices and shipping costs indicated for the relevant offers are given in Euro, including VAT. The prices given at the time of the order shall apply.

The shipping costs are stated on the website “www.erste-kaviar-company.de”.

§ 4 Revocation Rights Policy

You have the right to revoke this contract within fourteen days without stating reasons.

There shall be no revocation rights for the following types of contracts:

• Contracts for the delivery of perishable goods or goods with an expiration date in the near future.

• Contracts for the supply of sealed goods that cannot be returned for reasons of health or hygiene if opened after delivery.

The revocation period shall be fourteen days from the date on which you, or a third party designated by you that is not a carrier, took possession of the goods.

To exercise your revocation right, send your notice of revocation to

ERSTE KAVIAR COMPANY EKC GmbH

Hauptstraße 49

D-36166 Haunetal

Phone: +49 6673 208 3601

Telefax: +49 6673 / 918 663

Email: kundenservice@erste-kaviar-company.de.

including an unambiguous declaration (e.g. a notification sent by letter, fax or email) informing us of your decision to revoke this contract. You may use the attached form for your revocation, though this is not mandatory.

To exercise your revocation right, your notice of revocation must be dispatched before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we shall refund all payments received from you, including the shipping costs (except for any additional costs incurred due to your choice of shipping method that was not the most economic standard shipping method offered by us), no later than fourteen days after our receipt of your revocation notice. We shall refund your payment using the same means of payment that you chose for the original transaction, except where agreed of differently with you; the refund shall not be subject to any fees for you. We may refuse to refund your payment until we have received the goods back or until you submit confirmation of dispatch of the returned goods, whichever comes first.

The goods must be returned or sent to ERSTE KAVIAR COMPANY EKC GmbH, Hauptstraße 49, D-36166 Haunetal without delay and in any case no later than fourteen days after the date of your revocation notice. The period shall be met if the goods were dispatched by you before the end of fourteen days.

You shall bear the direct costs for return of the goods. You shall bear the costs for the any loss of value of the goods only if such loss of value was due to use of the goods in a manner exceeding examination of the nature, properties and function of the goods.

End of the revocation rights policy

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Template for the revocation notice

If you wish to revoke your contract, please complete the following form and submit it to:

ERSTE KAVIAR COMPANY EKC GmbH

Hauptstraße 49

D-36166 Haunetal

Telefax: +49 6673 / 918 663

Hereby I (we) (*) revoke (*) the contract concluded by me (us) for purchase of the following goods (*)/the following services (*) 

Ordered on (*)/delivered on (*) (date)

Full name of the consumer (consumers) 

Address of the consumer (consumers) 

Signature of the consumer (consumers) (only when using the printed form) 

Date

§ 5 Exercise of the Revocation Right

Customer shall bear the standard costs for return if the goods delivered correspond to the goods ordered and if the cost of the object returned does not exceed an amount of € 40.00 or if Customer has not yet met his/her obligations or made any agreed partial payment yet at the time of revocation in case of a higher value of the goods. In any other cases, return of the goods shall be free for Customer.

§ 6 Payment and Delivery Conditions

Payment shall be made in accordance with the payment terms listed on the website “www.erste-kaviar-company.de”. According to the current conditions, payment may be made by advance payment, Paypal, credit card payment or in cash on delivery.

Commencement of the delivery period notified by EKC shall require timely and proper performance of Customer’s obligations. We reserve the right to raise claims in connection with non-performance of the contract.

EKC shall not be liable for any delivery delays due to force majeure, delivery and transportation delays or any events that make delivery considerably more difficult or impossible for EKC, even if mandatory delivery periods and dates have been agreed on. Such circumstances shall entitle EKC to extend the delivery period while the obstacle persists, plus a reasonable time for preparation thereafter, or to revoke the contract in whole or in part due to inability to perform.

Risk shall pass to Customer at the time of delivery to the carrier.

Customer shall only have a right to set off if his claims have been finally determined, are undisputed or have been accepted by EKC.

If this provision is not met, Customer shall bear the burden of proof regarding the payment. In case of late payment, EKC shall have the right to demand that Customer pay interest for default of payment at 5 percent above the respective basic interest rate. EKC shall have the right to prove that any greater damage was incurred.

§ 7 Retention of Title

EKC retains the title in the goods until all payments under the purchasing contract have been received. Violation of the contract by Customer, in particular by default of payment, shall give EKC the right to take back the goods. Recovery of the goods by EKC shall at the same time constitute revocation of the contract. After recovering the goods, EKC shall have the right to sell them and set off the proceeds from such sale against Customer’s obligations, after deduction of appropriate fees for its effort incurred.

Customer must handle the purchased goods with care.

Customer must inform EKC promptly of any seizure or other interventions by third parties, so that EKC can assert a claim pursuant to § 771 Civil Rules of Procedure (Zivilprozessordnung; ZPO). If the third party cannot reimburse EKC for any legal and extrajudicial expenses connected to the claim pursuant to § 771 Civil Rules of Procedure, Customer shall be liable for any loss incurred by EKC.

If the goods subject to retention of title are combined, processed or mixed with any other goods, EKC shall acquire the joint title in the new item at the proportion of the value of the goods subject to retention of title to that of any other processed goods at the time of processing. If mixing takes place in such a way that this product is considered the main component, the parties agree that Customer proportional title to EKC. Customer shall keep the object subject to sole or co-ownership of EKC as determined for EKC.

EKC commits, at Customer’s request, to release any collateral if the amount that can be realized from the collateral exceeds the debt to be secured by it by more than ten percent; EKC shall have the right to choose which collateral to release.

§ 8 Warranty and Responsibility

The provisions on the legal warranty terms shall apply.

EKC shall be responsible only for its own contents on its website. EKC shall not be responsible for the content of any other websites that it may refer to by links. EKC is not in control of other party’s content. If EKC learns of any illegal content on any external websites, access to such websites shall be blocked immediately. EKC shall not be liable for any lack of function of its website or any communication issues.

Apart from this, the liability of EKC when dealing with consumers shall be according to the provisions of the law.

The buyer must inspect the goods carefully for any deviations in quality and defects immediately upon delivery, and notify EKC of any defects in writing without delay. Violation of the obligation to inspect the goods and report any defects shall cause any warranty claims to lapse.

In case of a defect to the purchased object that originated before dispatch, EKC shall have the right to make a replacement delivery or to remove the defect. Initial or subsequent hidden defects shall only commit EKC to compensate for the damage if this is due to the fault of EKC.

Claims for damages against EKC for any other violations of obligations shall be excluded.

In this respect, EKC shall not be liable for any damage that did not arise regarding the object of the contract directly, in particular excluding any liability for damage to other property and for lost profit of Customer.

This shall not apply to any liability for damage caused by violation of life or health, injury or any damage due to willful intent or gross negligence by EKC. Exclusion of any liability of EKC shall include exclusion of liability of its employees, representatives and agents.

§ 9 Severability

If any of provision of these terms and conditions is or becomes invalid, or if it becomes invalid due to a later change to the law, this shall not affect the validity of any remaining provisions.

§ 10 Final Provisions

Any individual oral agreements shall only become part of the contract upon written confirmation by EKC.

The laws of the Federal Republic of Germany shall apply exclusively.

The provisions of the United Nations Convention on Contracts for the International Sale of Goods and German Private International Law shall not apply.

These provisions shall apply to consumers where they do not exclude the protection provided by mandatory law of the state where the consumer has his or her permanent place of residence.

The place of performance for all services regarding business relationships with EKC shall be the registered seat of EKC.

As far as permitted by law, the place of jurisdiction for any disputes arising from any contractual relationships with EKC shall be Fulda.