Terms & Conditions
The general terms and conditions of Delifirst GmbH
Area of application
1. All business transactions between you as the buyer and Delifirst GmbH are exclusively subject to the following terms and conditions in force at the time the order is placed.
2. Deviating terms and conditions of the buyer are not accepted and recognised by Delifirst GmbH.
3. As the buyer you are obliged to obtain information about possible changes to every purchase.
4. Your contractual partner is Delifirst GmbH, Wolffsonweg 3 e, 22297 Hamburg, Germany, with the HRB Registration no. 112 388 at the district court of Hamburg.
5. The Delifirst business area is limited to the territory of the Federal Republic of Germany.
Conclusion of contract
Your order represents an offer to conclude a purchase agreement for Delifirst. Upon receipt of your offer to buy/order, as buyer you will receive an order confirmation via email, which, however, does not represent an acceptance of offer by the buyer. The order confirmation informs you that your offer has been received.
A purchase agreement becomes effective with the acceptance of your offer by Delifirst GmbH. Acceptance takes place by the shipping of the goods to your delivery address and the electronic dispatch confirmation to the email address supplied by you. For goods from your order that are not listed in the dispatch confirmation, no purchase agreement becomes effective.
Delifirst GmbH may accept your purchase offer within two weeks. As the buyer, you are have the responsibility to ensure that your data, full delivery address, etc. are correct when ordering. Delifirst GmbH assumes no liability for transmission errors in an order placed by email, fax or telephone.
You may only make your offer as a buyer of legally competent age. In this regard, Delifirst GmbH is expressly exempted from third-party claims.
Your purchase prices
1. For you, all prices are in € inclusive of statutory VAT in Germany at the time you place your order in the Delifirst Web shop www.delifirst.de
This does not apply to any errors, incorrectly recorded products or product information and product images.
2. The amount calculated at the checkout of your order is also the amount due for payment if the contract is executed.
3. The current shipping costs must be paid by the buyer without deductions in accordance with the current shipping and delivery terms and conditions. Refer towww.delifirst.de/versand
You will receive your goods in accordance with the purchase agreement based on the applicable shipping terms and conditions. All information on delivery dates/times are expressly non-binding.
Your goods are delivered only to your chosen delivery address in the Federal Republic of Germany.
It is possible that goods you ordered in the Delifirst Web shop are not available at the time your order is made up. In this case, Delifirst GmbH is under no obligation to supply the respective goods. You will be notified by email. Delifirst reserves the right to supply you with a replacement item equal in price and of comparable quality. By means of mutual electronic agreement your order can also be cancelled or a repeat order can be placed.
Delifirst GmbH is entitled to make a partial delivery. As the buyer you will only be liable for the agreed shipping costs that you would have paid for a full delivery.
As the buyer you have cooperation obligations to avoid a default of acceptance. The risk of – even accidental – deterioration of goods is passed on to the buyer when the buyer is in default of acceptance. If a buyer is in default of acceptance, Delifirst GmbH is entitled to demand compensation for damages incurred and extra expenses. Further claims are reserved.
If there is an obvious deficiency in the goods ordered, statutory regulations apply. Excluded are fluctuations in the specified and actual weight of the contents of goods (manufacturer warranty), deviations in quality, shape and colour as well as the quality of delivery, or transport damage (logistics company warranty).
As the buyer, you are obliged to examine the contents of the package in the presence of the delivery service and have them acknowledge any possible damage.
In supplementary performance / replacement delivery, the buyer is obliged to return the original goods within 30 days to Delifirst GmbH. If the return of the defective goods violate the legal provisions, Delifirst GmbH reserves the right to lodge a claim for compensation against the buyer.
Retention of title
The supplied goods remain the property of Delifirst GmbH until full payment.
The checkout amount equals the purchase price and this becomes due without deductions with the acceptance of your order through the conclusion of the purchase agreement.
As the buyer, you have the option to choose between the main payment types: credit card (MasterCard, Visa), bank transfer, cash in advance and COD.
Every concluded purchase agreement between you as the buyer and Delifirst GmbH is regarded as a complete transaction. Offsetting or retention is not possible.
Delifirst GmbH is in each case only liable for proven intent and gross negligence. On its Web pages Delifirst GmbH refers to other sites on the Internet by means of links. Delifirst GmbH herewith expressly declares that it has no control over the content / layout of the linked pages and dissociates itself unequivocally from them. The same applies to third-party sites linked to www.delifirst.de .
All image rights are held by Delifirst GmbH. Use without express permission is prohibited. The same applies to conceptual and textual content used on the www.delifirst.dewebsite.
A right to use the services does not exist. All legally competent persons can register as participants. You are solely responsible for the security of your user password. Disclosure to third parties is prohibited. Your password may only be used for access to the Internet services of Delifirst.
Delifirst reserves the right to release your contributions to the ‘Delifirst Blog’ only after reviewing the content (legality). With your registration, you agree to keep your contributions to factual statements of opinion and not to abuse the Delifirst Blog. Mail us your comments on current issues to firstname.lastname@example.org.
Delifirst does not guarantee that the ‘My nutrition log’ will always function properly. In the almost unlikely event of a server failure, data can get lost or mixed up. For this event Delifirst excludes any warranty or liability. For your own peace of mind, Delifirst recommends keeping your records as backup. We will gladly reply to your questions on this subject at email@example.com .
Delifirst provides a high level of protection for your personal and business data. Delifirst GmbH strictly adheres to statutory provisions (in particular the German Federal Data Protection Act and the Telemedia Act).
Your information will not be disclosed to a third party. Your interests warranting protection will be taken into account in terms of statutory provisions.
We will gladly reply to your questions by email at firstname.lastname@example.org
Place of execution/place of jurisdiction
The contract is based solely on the law of the Federal Republic of Germany excluding the UN uniform sales law (UN Convention on Contracts for the International Sale of Goods).
Place of jurisdiction is in all cases the corporate headquarters of Delifirst GmbH in Hamburg.
Wolffsonweg 3 E
AG Hamburg, HRB 112 388
Johannes C. Röhr, Hamburg
Should one or more formulations/provisions be ineffective, this shall not affect the validity of the remaining provisions.
18. November 2015