General Terms and Conditions
1 Scope of application
The following terms and conditions (AGB) apply to all orders placed through our online shop by consumers and business entities.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor part of their independent professional activity. A business entity is a natural or legal person or a legally responsible partnership that, when entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
These terms and conditions also apply to future business relationships with business entities without the need for further notice. Any terms and conditions that conflict with or supplement these terms and conditions will not become a part of the contract unless explicitly agreed to by us.
2. Contracting Parties, Conclusion of Contract
The purchase contract is established with pesca production GmbH & Co. KG.
The presentation of products in the online shop does not constitute a legally binding offer but rather an unbinding online catalog. You can place our products in the shopping cart without any obligation and can make corrections to your entries at any time before submitting your binding order by utilizing the correction aids provided and explained during the order process. By clicking the order button, you submit a binding order for the items contained in your shopping cart. Confirmation of the receipt of your order will be sent to you via email immediately after the order is submitted.
The point at which the contract with us is concluded depends on the payment method you have selected:
Cash on Delivery:
We accept your order by sending a separate email declaration of acceptance or by delivering the goods within two days.
Advance Payment:
We accept your order by sending a separate email declaration of acceptance within two days, in which we provide you with our bank details.
Credit Card:
By placing the order, you simultaneously transmit your credit card information to us. After your authentication as the legitimate cardholder, we request your credit card company to initiate the payment transaction, thereby accepting your offer.
3. Language of the Contract, Storage of the Contract Text
The language available for the conclusion of the contract is German.
We store the contract text and send you the order data and our terms and conditions by email. You can view the contract text in our customer login.
4. Delivery Terms
In addition to the stated product prices, shipping costs will be added. You can find more information about the shipping costs in the offers.
You generally have the option of picking up your order at pesca production GmbH & Co. KG, Carl-Zeiss-Strasse 7, 22946 Trittau.
We do not deliver to parcel lockers (Packstationen).
Please note that we ship perishable foods in suitable packaging. We are only liable for the first delivery attempt.
5. Payment
In our shop, you generally have the following payment options:
Advance Payment
If you choose the advance payment method, we will provide you with our bank details in a separate email and deliver the goods after receiving payment.
Cash on Delivery
You pay the purchase price directly to the delivery person. An additional fee of 7.90 euros applies.
Credit Card
By placing the order, you simultaneously provide us with your credit card details. After your authentication as the rightful cardholder, we immediately request your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company, and your card is charged.
6. Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory warranty rights apply. For consumers, the limitation period for warranty claims for used goods is one year from the delivery of the goods.
For business entities, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 of the German Civil Code (BGB) remain unaffected.
For business entities, only our own statements and the product descriptions of the manufacturer included in the contract are deemed to be an agreement on the condition of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
If the delivered item is defective, we provide warranty to business entities by either rectifying the defect (rectification) or delivering a defect-free item (replacement) at our discretion.
The above limitations and shortened limitation periods do not apply to claims based on damages caused by us, our legal representatives, or agents:
- for injury to life, body, or health,
- in cases of intentional or grossly negligent breach of duty, as well as deceit,
- for breach of essential contract obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner can regularly rely (cardinal obligations),
- within the scope of a guarantee promise, if agreed, or
- to the extent that the scope of the Product Liability Act is open.
Information regarding any additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.
The Right of Withdrawal:
The consumer can withdraw from the purchase contract in writing (by mail or email). In case of withdrawal, all payments will be refunded within 14 days.
The right of withdrawal does not apply to contracts for the delivery of perishable goods that require refrigeration.
7. Liability
We shall always be liable without limitation for claims due to damages caused by us, our legal representatives, or agents:
- for injury to life, body, or health,
- in cases of intentional or grossly negligent breach of duty,
- in cases of guarantee promises, as agreed, or
- to the extent that the scope of the Product Liability Act is open.
In cases of the breach of essential contract obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner can regularly rely (cardinal obligations), we shall only be liable for damages that are foreseeable and typical for the contract at the time of conclusion, except in cases of intentional or grossly negligent conduct by us, our legal representatives, or agents. In all other respects, claims for damages are excluded.
8. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.
We are not obligated to participate in a dispute resolution process before a consumer arbitration board, nor are we willing to do so.
9. Final Provisions
If you are a business entity, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant according to the German Commercial Code (HGB), 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.
These terms and conditions have been created with the Trusted Shops legal text generator in cooperation with Wilde Beuger Solmecke Rechtsanwälte.