This 'terms of service' site is a translation and is provided for information purposes only. In the event of any inconsistency between the German version and the English version, only the German version shall apply and is legally binding.
Terms of service
1. SCOPE OF APPLICATION
The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their self-employed professional activity. An entrepreneur is a natural or legal person or a legal unincorporated firm who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT
The purchase contract is concluded with Serious Foods owner Jan Otto.
By displaying our products in the online shop, we are submitting a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time by using the correction aids provided and explained in the order process before submitting your binding order. The contract is concluded when you click on the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The languages available for the conclusion of the contract is German.
We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. TERMS OF DELIVERY
In addition to the stated product prices, shipping costs may also apply. You can find more detailed information on any shipping costs incurred in the offers.
We only deliver by post. Unfortunately, a self collection of the product is not possible. We do not deliver to packing stations.
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.
PAYPAL
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards.
PAYPAL PLUS
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.If you have chosen the payment method PayPal, you must be registered there in order to be able to pay the invoice amount or you must first register with your access data. The payment transaction is automatically carried out by PayPal immediately after the confirmation of the payment order. You'll get more information during the ordering process. If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder, and your card will be charged.
You'll get more information during the ordering process. If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. You will be informed by PayPal of the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You'll get more information during the ordering process.
6. RESERVATION OF OWNERSHIP
The goods remain our property until full payment.
7. TRANSPORT DAMAGE
FOR 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 lodge a complaint or to contact you has no consequences whatsoever 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.
FOR ENTREPRENEURS:
The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the haulage contractor, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 ("Untersuchungs- und Rügepflicht") of the German Commercial Code applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
8. WARRANTIES AND GUARANTEES
Unless otherwise stated below, the statutory liability for defects law apply. The following applies to used goods: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our choice, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives and assignees:
- in the event of injury to life, body or health,
- in the event of willful or grossly negligent breach of duty as well as malice,
- 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 compliance with which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- as far as the scope of the product liability law is affected.
Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions or complaints Monday to Friday from 10:00 a.m. to 6:00 p.m. via phone +49 160 9461 8999 or by email moin@panjans.de.
9. LIABILITY
We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or assignees:
- in the event of injury to life, body or health,
- in the event of willful or grossly negligent breach of duty,
- as part of a guarantee promise, if agreed, or
- as far as the scope of the product liability law is affected.
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 assignees, the amount of liability is foreseeable at the time the contract was concluded damage limited, the occurrence of which can 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 neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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 our business.