General Terms and Conditions (GTC) of ECA FOOD GmbH
1. Scope of application, definitions
1.1 These General Terms and Conditions (hereinafter also referred to as „GTC“) shall apply to all present and future orders placed by you (hereinafter referred to as „Buyer“) of ECA FOOD GmbH (hereinafter referred to as „ECA FOOD“). Thus the entire contractual relationship is exclusively regulated by the following provisions.
1.2 All information provided by the customer during the ordering process shall be current and truthful. The password may not be passed on to third parties, it should be kept inaccessible and safe for unauthorized persons. Any loss or transfer must be communicated immediately in text form to ECA FOOD. For misuse, e.g. for any unauthorized orders from third parties with the customer’s password and the resulting claims, the customer shall be liable in accordance with the statutory provisions.
1.3 ECA FOOD reserves the right to amend these GTC with effect for the future in accordance with the following procedure: ECA FOOD shall first inform the customer of the intended changes to the GTC. The customer will also be informed of the right of revocation. The amendments shall be deemed accepted if they are not objected to within one month of the notification of amendment.
1.4 Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract.
2. Conclusion of a contract for orders from courts of law; non-binding information, delivery quantities and – restrictions
2.1 All information on the goods and prices of ECA FOOD prior to the conclusion of the contract shall be subject to confirmation and non-binding. The product images do not always have to match the appearance of the delivered products. In particular, changes in the manufacturers‘ product ranges may lead to changes in the appearance and equipment of articles. Warranty claims do not exist insofar as the changes are reasonable for the customer. Unless expressly agreed otherwise, ECA FOOD shall not be entitled to the delivery of certain articles in the ECA FOOD food box. If for any reason the Buyer is dissatisfied with a dish or ingredient, the Buyer may contact ECA FOOD by e-mail email@example.com within seven (7) days of the date on which the Buyer received the food box. At ECA FOOD’s discretion, ECA FOOD may arrange for a full, partial refund of the purchase price of the food / ingredient or deposit a credit on the customer’s account, which will become effective with the next order.
2.2 A valid purchase contract between ECA FOOD and the Buyer shall be concluded by ECA FOOD’s acceptance of an offer by the Buyer as follows: By clicking on the „Pay now“ button, the customer submits a legally binding offer to order the goods in the shopping basket. The acceptance of this offer by ECA FOOD takes place either by the declaration in the form of a declaration of acceptance or by the actual dispatch of the ordered goods. Until such time ECA FOOD is free to refuse acceptance of the offer. The products and their presentation on the website can therefore not be understood as a legally binding offer, but merely form a non-binding online catalogue. As a rule, the Customer’s receipt of the offer shall be confirmed by an automated e-mail to the e-mail address submitted by the Customer to ECA FOOD. Within 5 days ECA FOOD may accept the Customer’s offer by sending an order confirmation.
2.3 A contract for the recurring delivery of ECA FOOD’s food boxes to the Customer shall be concluded with the exchange of the offer and acceptance. The customer is enabled to modify his deliveries and the goods contained in the shopping cart within the scope of the order options. This includes both the delivery time window and the delivery day. Within the consumer account settings, the continuous delivery can also be interrupted by the customer for certain periods of time during the periods provided for this purpose. The interruption of continuous deliveries shall not result in the termination of the contract. The recurring supplies contract shall not be affected by the interruption for a specified period. Termination shall be in the form provided for in the contract (see § 4). The Purchaser may suspend an individual order up to 6 days prior to the envisaged delivery date or interrupt recurring deliveries for a certain period (e.g. for a suspension or interruption to be made on a Wednesday for the next delivery date, the Purchaser must terminate the contract no later than by the end of the Thursday preceding the delivery date).
2.4 Our offer is aimed at end consumers in Germany and the goods ordered are not intended for resale.
2.5 We will send you the order data by email. In the appendix to the order confirmation you will receive the invoice for your order. You can view the general terms and conditions at any time at www.easycookasia.de .
3. Contract term, termination, automatic extension
3.1 Termination before receipt of the first delivery is not possible. If the contract is not terminated in accordance with § 4 (2), it is automatically extended for an indefinite period.
3.2 If the customer intends to terminate the contractual relationship as of the next delivery date, this must be declared at least 6 days prior to the envisaged date. With the cancellation on this date, the customer declares from this date and for the future that he no longer wishes to receive a package from ECA FOOD (e.g. for a cancellation to become effective for the next delivery date on a Wednesday, the customer must cancel at the latest by the end of the Thursday preceding the delivery date). The date of receipt by ECA FOOD is decisive for the effectiveness of the termination. The termination must either be in writing and sent to the address of ECA FOOD or can be declared in an e-mail to firstname.lastname@example.org.
3.3 In the event of termination, the amount for any deliveries already paid for but not yet delivered shall be refunded to the Customer on the agreed delivery date after expiry of the period of notice.
3.4 In the case of offer variants with a fixed term or a fixed number of agreed regular deliveries, the contract ends thereafter without the need for termination and is not automatically extended.
4. Delivery, delivery conditions, retention of title; transfer of risk; interruption of delivery
4.1 ECA FOOD shall deliver to the address provided by the Customer in the customer area of the ECA FOOD Website or in the course of the ordering process. A change of address becomes effective for a delivery which, according to the agreement, is to take place at the earliest on the 6th day after expiry of the day of the change of address. A change of address can then be made 48 hours before the order, but then no cancellation for the next delivery date is possible.
4.2 The purchaser undertakes to ensure that the personal delivery of the goods is possible at the delivery address indicated by you. If handover is not possible, the customer shall be in default of acceptance.
4.3 If the personal delivery of the goods is not possible, the contract can also be fulfilled by placing the goods in front of the apartment door. At the moment of parking in front of the apartment door you become the owner of the goods according to §§ 929, 854 Abs. 2 BGB.
4.4 If it is not possible to park in front of the apartment door, the contract can also be fulfilled by parking in front of the front door. At the moment of placing the goods in front of the front door, the customer becomes the owner of the goods in accordance with §§ 929, 854 para. 2 BGB (German Civil Code).
4.5 If it is not possible to park the goods, the contract can also be fulfilled by delivering the goods to a neighbouring household or business. At the moment of delivery to a neighbouring household or business, the purchaser becomes the owner of the goods in accordance with §§ 929, 854 Para. 2 BGB (German Civil Code).
5.1 The statutory warranty shall apply.
6. Prices and shipping costs; due date; payment; set-off; retention
6.1 Prices are quoted inclusive of value added tax and, unless otherwise agreed, inclusive of shipping costs within Germany.
6.2 ECA FOOD’s claims are due immediately, notwithstanding any statutory right of revocation.
6.3 You may choose to pay by direct debit (ELV) or credit card or by any other payment method made available on our Website. During the term of the contract, you must ensure that the information regarding the chosen payment method is correct and up to date. You must notify us immediately of any changes to the chosen payment method, such as a change in your bank account or credit card.
6.4 You shall only be entitled to offset if your counterclaims have been legally established or are ready for decision or are undisputed by us. You are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship. When a contract is concluded, the account or credit card will be debited immediately in respect of the first delivery. With regard to further deliveries, the specified account or credit card will be debited on an ongoing basis during the term of the contract, with the debiting taking place within a time window starting 7 days prior to delivery and ending 7 days after delivery. Discounts and special promotions may result in varying debit amounts during the subscription period (contract term). You must ensure that the specified account or credit card has sufficient funds during the term of the contract to enable the direct debit to be collected or payment to be made by credit card. Please understand that for technical reasons, the charge on your account or credit card may not be visible to you until a few days later.
6.5 Reservation of title; set-off; right of retention
a. In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the object of purchase until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security interests are transferable to third parties.
b. You shall only be entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. In addition, you have a right of retention only if and insofar as your counterclaim is based on the same contractual relationship.
c. If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.
6.6 The customer may publish a personal voucher code to which he is entitled on a private website or a private blog, Facebook or Twitter profile. Publication on commercial or third- party sites such as voucher sites, deal blogs and forums is not permitted. The sharing of the voucher code on third-party sites leads to the deletion of the voucher code. In this case, the entire acquired and possibly remaining credit balance loses its validity and can no longer be redeemed for services provided by ECA FOOD.
7. Liability of ECA FOOD, Obligations of the Purchaser
7.1 ECA FOOD is liable:
a. in the event of damage to the Purchaser resulting from injury to life, limb or health caused by a breach of duty by ECA FOOD or one of its legal representatives or vicarious agents,
b. according to the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation
c. if ECA FOOD or its legal representatives or vicarious agents have caused the damage intentionally or through gross negligence, and/or
d. if the damage has been caused by the breach of an obligation of ECA FOOD, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies and may rely (cardinal obligation).
7.2 ECA FOOD shall have unlimited liability in the cases referred to in paragraph 1, letters (a), (b) and/or (c) above. Otherwise, the claim for damages shall be limited to the foreseeable damage typical of the contract.
7.3 In cases other than those mentioned in paragraph 1, ECA FOOD’s liability shall be excluded irrespective of the legal grounds.
7.4 The liability provisions in the above paragraphs shall also apply to the personal liability of the organs, employees and vicarious agents of ECA FOOD.
7.5 The customer is obliged to carefully read and observe product, consumption and warning notices for delivered products before use.
8. Data protection
8.2 Right to object to the processing of data for direct advertising purposes: ECA FOOD may process your e-mail address, which we have received from you in connection with the sale of our goods or the provision of our services, for direct advertising purposes as well as for the execution of contracts within the scope of the statutory provisions in order to inform you, for example, by e-mail about news and offers relating to ECA FOOD. You have the right at any time to object to this processing of personal data concerning you for the purpose of such advertising without incurring any costs other than the transmission costs according to the basic tariffs. This also applies to profiling in so far as it is related to such direct marketing. If you object to the processing for purposes of direct advertising, we will no longer process your personal data for these purposes (direct advertising). The objection can be made without any formal requirements. You will find the contact details in the imprint or in the data protection information.
9. Protection of minors
9.1 We expressly point out that the sale of alcoholic beverages to children and adolescents is prohibited pursuant to § 9 JuSchG. By accepting our General Terms and Conditions, the customer confirms that he is of age when ordering alcoholic beverages.
9.2 The customer undertakes to ensure that only he himself or persons of full age authorised by him to accept the delivery accept an order containing alcoholic beverages.
10. Dispute resolution for consumers
The European Commission maintains a platform for Online Dispute Resolution (OS) with further information, which can be found on the Internet at http://ec.europa.consumsers/odr/ . However, we do not participate in a formal dispute resolution procedure before consumer mediation bodies.
11. Applicable law, no subsidiary agreements, regulation for ineffective or unenforceable regulations and gaps in regulations
11.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.2 Should any provision of the contract concluded be or become invalid or unenforceable, the remainder of the contract shall remain unaffected and effective. The ineffective or unenforceable provision shall be replaced by the statutory provision or, in the absence of a statutory provision, by the effective and enforceable provision which the parties would have reasonably agreed to in the knowledge that the ineffective or unenforceable provision was invalid or unenforceable. The same applies in the case of a loophole.