Terms of service
OVERVIEW
This website is operated by Gourmet Experts Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Gourmet Experts Ltd. Gourmet Experts Ltd offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Warranty and Liability
- Special Conditions for Processing Goods According to Customer Specifications
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
- Additional Terms and Conditions for Events During the Times of Corona
- Changes to Terms of service
- Contact Information
1) Scope of Application
1.1 These General Terms and Conditions ("GTC") of Gourmet Experts Ltd ("Seller") apply to all contracts for the delivery of goods concluded between a consumer or business entity ("Customer") and the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own terms is hereby rejected unless otherwise agreed upon.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.
1.3 These GTC also apply accordingly to contracts for the delivery of tickets, unless expressly specified otherwise. These GTC only regulate the sale of tickets for specific events described in the Seller's item description, and not the execution of these events. The execution of the events is governed solely by the legal provisions between the participant and the organizer, as well as any differing conditions of the organizer. If the Seller is not also the organizer, they are not liable for the proper execution of the event, which is the sole responsibility of the respective organizer.
1.4 A "consumer" as defined in these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside of their commercial or self-employed professional activity.
1.5 A "business entity" as defined in these GTC is a natural or legal person or a legally capable partnership that acts in the course of their commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer using the online order form integrated into the Seller's online shop. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer by clicking the button that concludes the ordering process, with respect to the items contained in the shopping cart. Furthermore, the Customer can also submit the offer to the Seller by phone, fax, email, post, or online contact form.
2.3 The Seller can accept the Customer's offer within five days by:
Sending a written order confirmation or a confirmation in text form (fax or email) to the Customer, where the receipt of the order confirmation by the Customer is decisive, or
Delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive, or
Requesting payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment process is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to PayPal's terms of use, available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full, or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/us/webapps/mpp/ua/privacywax-full. If the Customer chooses a PayPal payment method available in the online ordering process, the Seller hereby accepts the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been sent. The Seller does not provide further accessibility to the contract text. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer through their password-protected user account, along with the corresponding login details, free of charge.
2.6 Prior to the binding submission of an order using the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors is the browser's magnification function, which enlarges the display on the screen. The Customer can correct their inputs during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Both German and English languages are available for concluding contracts.
2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that they can receive emails sent by the Seller. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller, or third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 Unless otherwise agreed, a right of withdrawal does not exist for contracts relating to the provision of services in connection with recreational activities, if the contract provides for a specific date or period for the provision. Afterward, a right of withdrawal is also excluded for contracts that concern the sale of tickets for time-bound recreational events.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply will be separately indicated in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which the Customer must bear. This includes, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The available payment methods will be communicated to the Customer in the Seller's online shop.
4.4 If payment is agreed by advance payment via bank transfer, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 In the case of payment by invoice, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days after receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method of invoice only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of such payment restriction in the payment information in the online shop. Furthermore, the Seller reserves the right to conduct a credit check and reject the payment method of invoice in case of a negative credit check.
4.6 In the case of SEPA direct debit as the payment method, the invoice amount is due after the grant of a SEPA direct debit mandate, but not before the deadline for the pre-notification of payment. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiration of the pre-notification period. Pre-notification is any communication (e.g., invoice, policy, contract) from the Seller to the Customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear the fees incurred by the respective credit institution due to the debit reversal, if the Customer is responsible for this. The Seller reserves the right to conduct a credit check and reject the payment method of SEPA direct debit in case of a negative credit check.
4.7 In the case of payment by credit card, the invoice amount is immediately due upon conclusion of the contract. The processing of credit card payments is carried out in cooperation with Shopify Payments GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect payments on their behalf. BS PAYONE GmbH debits the invoice amount from the Customer's specified credit card account. The credit card will be charged immediately after the Customer's order is sent in the online shop. Even when selecting the payment method of credit card payment through BS PAYONE GmbH, the Seller remains responsible for general customer inquiries, such as those regarding the product, delivery time, shipping, returns, complaints, withdrawal declarations, and credits.
4.8 When selecting the payment method of PayPal, you will be redirected to the PayPal homepage immediately and will log into your existing PayPal account or register for a new one in a few steps. After successful payment, you will be automatically redirected back to the product page. To use the PayPal service, it is necessary for you to agree to the debit agreement for debiting your PayPal account during the checkout process. Please review the payment details and confirm the amount. With the approval of the debit agreement, we are entitled to debit amounts of varying amounts from your PayPal account, as long as they are due, until revoked. The validity of our General Terms and Conditions is not affected by PayPal's terms and conditions. Both are applicable alongside each other.
5) Delivery and Shipping Conditions
5.1 If the Seller offers the option of shipping the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is authoritative for the transaction.
5.2 For goods delivered by freight forwarders, the delivery is made to the "curb side," i.e., to the nearest public curb side to the delivery address, unless otherwise specified in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 If the delivery of the goods fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply regarding the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. Regarding return costs, the regulation stated in the Seller's withdrawal policy applies when the Customer effectively exercises their right of withdrawal.
5.4 If the Customer is a business entity, the risk of accidental loss and deterioration of the sold goods is transferred to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or the person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and deterioration of the sold goods generally only passes to the Customer or an authorized recipient upon handover of the goods. However, the risk of accidental loss and deterioration of the sold goods is also transferred to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the carrier, freight forwarder, or the person or institution designated to carry out the shipment, if the Customer has instructed the carrier, freight forwarder, or the person or institution designated to carry out the shipment and the Seller has not previously disclosed this person or institution to the Customer.
5.5 The Seller reserves the right to withdraw from the contract in case of non-fulfilment or improper fulfilment of a supply contract. This only applies if the non-delivery is not the Seller's responsibility, and the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be promptly informed, and the consideration will be refunded promptly.
5.6 If the Seller offers the option of picking up the goods, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.
5.7 Vouchers will be made available to the Customer as follows:
by email
by mail
5.8 Tickets will be made available to the Customer as follows:
by email
by mail
6) Retention of Title
If the Seller makes an advance payment, they reserve the right of ownership of the delivered goods until the full purchase price owed has been paid.
7) Warranty for Defects (Guarantee)
7.1 Unless otherwise specified in the following provisions, the regulations of statutory warranty for defects apply. Deviating from this, the following shall apply to contracts for the delivery of goods:
7.2 If the Customer is acting as a business entity,
the Seller has the choice of the type of subsequent performance.
the limitation period for defects in new goods is one year from the delivery of the goods.
rights and claims for defects are excluded for used goods.
the limitation period does not start anew if replacement delivery is made within the scope of warranty for defects.
7.3 The liability limitations and shortened periods do not apply to
claims for damages and reimbursement of expenses by the Customer,
cases where the Seller has fraudulently concealed the defect,
goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
any obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.4 Furthermore, for business entities, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the Customer is a merchant within the meaning of § 1 HGB (German Commercial Code), the Customer is subject to the commercial duty of examination and notification according to § 377 HGB. If the Customer fails to comply with the reporting obligations regulated there, the goods are deemed approved.
7.6 If the Customer is a consumer, they are requested to report obvious transport damages to the carrier and inform the Seller accordingly. Failure to do so will not affect the Customer's statutory or contractual defect claims.
8) Special Conditions for Processing Goods According to Customer Specifications
8.1 If, according to the contract, the Seller is obligated to not only deliver goods but also process them according to specific customer specifications, the Customer must provide the Seller with all necessary content for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Seller and grant the necessary usage rights. The Customer is solely responsible for procuring and acquiring the rights to this content. The Customer declares and assumes responsibility for owning the rights to the content provided to the Seller. The Customer must ensure, in particular, that this does not infringe upon third-party rights, including copyright, trademark, and personal rights.
8.2 The Customer shall indemnify the Seller from any claims by third parties that may arise in connection with a violation of their rights through the contractual use of the Customer's content by the Seller. The Customer shall also bear the necessary costs of legal defence, including all court and attorney's fees, in statutory amount. This does not apply if the Customer is not responsible for the legal violation. The Customer is obliged to promptly, truthfully, and completely provide the Seller with all information necessary to examine the claims and defend against them in the event of a claim by third parties.
8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates legal or regulatory prohibitions or public morals. This particularly applies to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to youth, and/or glorifying violence.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued by the Seller as part of promotional campaigns with a specified validity period and provided free of charge, which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.
9.2 Promotional Vouchers can only be redeemed by consumers.
9.3 Certain products may be excluded from the voucher promotion if such a restriction is indicated in the content of the Promotional Voucher.
9.4 Promotional Vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.
9.5 Only one Promotional Voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
9.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
9.8 The credit of a Promotional Voucher will not be paid out in cash or earn interest.
9.9 The Promotional Voucher will not be refunded if the Customer returns goods that were paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
9.10 The Promotional Voucher is transferable. The Seller can fulfill its obligations to the respective holder who redeems the Promotional Voucher in the Seller's online shop with liberating effect. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.
10)Redemption of Gift Vouchers
10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise indicated on the voucher.
10.2 Gift Vouchers and any remaining credit on Gift Vouchers can be redeemed until the end of the third year after the year of purchase. Remaining credit will be credited to the Customer until the expiration date.
10.3 Gift Vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.
10.4 Multiple Gift Vouchers can be redeemed in one order.
10.5 Gift Vouchers can only be used to purchase goods and not for the purchase of additional Gift Vouchers.
10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
10.7 The credit of a Gift Voucher will not be paid out in cash or earn interest.
10.8 The Gift Voucher is transferable. The Seller can fulfil its obligations to the respective holder who redeems the Gift Voucher in the Seller's online shop with liberating effect. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.
11) Applicable Law
For all legal relationships between the parties, the law of the Republic of Ireland shall apply, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
12) Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Republic of Ireland, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the Customer's registered office is located outside the territory of the Republic of Ireland, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In any case, however, the Seller is entitled to invoke the court at the Customer's registered office.
13) Code of Conduct
The Seller is committed to the Trusted Shops Quality Criteria, which can be viewed on the internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.
14) Alternative Dispute Resolution
14.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The Seller is not obligated to participate in a consumer dispute resolution procedure before a consumer arbitration board but is willing to do so.
15) Additional Terms and Conditions for Events During the Times of Corona
According to §13 paragraph 2a of the CoronaSchVO, organizers are required to inform participants in advance of events about the risk of a last-minute cancellation due to changing infection rates. GOURMET EXPERTS fulfills this obligation on the "Courses-Events" page.
In the event of a cancellation due to changing infection rates, GOURMET EXPERTS will reschedule the event. If the customer is unable to attend the rescheduled date, the ticket price will be credited to the corresponding customer account and can be used for products from the GOURMET EXPERTS Shop or another event. In principle, tickets for events are non-refundable. If a customer does not attend the booked event, their entitlement to service provision via GOURMET EXPERTS expires. Participation in an event can be rescheduled on an individual basis in consultation with the organizer up to 4 weeks before the event. For individual events, the contractual terms of the event agreement between GOURMET EXPERTS and the customer apply.
16) CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Complaints/Dispute Resolution
In 2016, the EU Commission established a platform for online dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders without involving a court initially. You can access the dispute resolution platform via this link: https://ec.europa.eu/consumers/odr.
EU Commission's platform for online dispute resolution: https://ec.europa.eu/consumers/odr
We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board but are generally willing to do so.
17) CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@gourmet-experts.com.
Our contact information is posted below:
Gourmet Experts Limited
info@gourmet-experts.com
Gourmet Experts Ltd.
Móin, North Slob, Curracloe, Y21 X201, Co Wexford, IRELAND
+353 87 7753247
Company No: 571965
VAT ID: IE 3392973NH