Terms and conditions
§ 1 Scope
These General Terms and Conditions (hereinafter T&Cs) apply exclusively to the commercial relationship between Premium Foods GmbH and the customer in ALTOMAYO-Onlineshop (www.altomayo.de). Premium Foods GmbH is the responsible operator of ALTOMAYO-Onlineshop.
ALTOMAYO-Onlineshop is the trade name for the online trading division of Premium Foods GmbH.
The respective valid version of the T&Cs at the time the order is placed shall apply. ALTOMAYO-Onlineshop does not recognise any deviating conditions of the customer unless ALTOMAYO-Onlineshop has previously agreed to their validity in writing.
§ 2 Contracting party
The contracting party is Premium Foods GmbH, identified in greater detail below as:
Premium Foods GmbH
Bielefelder Str. 4
Commercial register: Berlin Charlottenburg District Court, HRB 69671
Managing Director: Dr. Esmilda Huancaruna Perales
§ 3 Conclusion of contract
The representation of the products in ALTOMAYO-Onlineshop does not constitute a binding offer. It is subject to change and non-binding.
The completion of the order process in the online shop represents a binding offer made to us by you for the conclusion of a purchase contract. If you place an order with ALTOMAYO-Onlineshop, we will send you a confirmation e-mail confirming that we have received your order and specifying the details of such (order acknowledgment). This order acknowledgement does not constitute acceptance of the contract, but simply informs you that we have received your order. We can accept your order by sending an order confirmation via e-mail or by delivering the goods within the specified delivery period.
Conclusion of the contract takes place exclusively in German.
The order form used to place the order will not be stored by us and can no longer be retrieved following completion of the order process. However, you can print your order details right after submitting the order or we will store the contractual text and send you the order details via e-mail.
Please note that we only sell our products in normal household quantities. This pertains both to the number of products ordered as part of a single order and to the placing of several orders for the same product, where the individual orders are for normal household quantities.
§ 4 Voluntary right of return up to 21 days following receipt of the goods
You can return all items to ALTOMAYO-Onlineshop within 21 days of having received the goods. This right of return also allows you to withdraw from the contract following expiration of the 14-day cancellation period (see Cancellation Policy above) by returning the goods to the address given below within 21 days of their receipt (term begins on the day after the goods are received). The term shall be deemed to have been observed provided the goods are sent before the deadline. However, in order for the voluntary right of return to be exercised, the goods returned must be complete, still in their original condition and there must be no damage to the original sales packaging.
Please return the goods to:
Premium Foods GmbH
Bielefelder Str. 4
If the goods are returned and the requirements listed above have been met, we will refund you the purchase price which you have already paid, including shipping costs. You shall be liable for the risk of transportation.
Your legal right of cancellation (see Sec. 4) will not be affected by adhering to the rules governing the additional contractual (voluntary) right of return which has been granted and will continue to exist irrespective thereof. Until the term for the legal right of cancellation has expired, only the legal conditions specified for such shall apply. Likewise, the contractual (voluntary) right of return shall not limit your legal warranty rights, which you shall still be free to exercise without limitation.
§ 5 Prices and offers
The prices listed in ALTOMAYO-Onlineshop are stated in euros and include the statutory value added tax. Additional shipping costs may apply to some products (see Sec. 7 below).
§ 6 Delivery, shipping costs
Within Germany, we deliver all items to your door. You can find out the respective current delivery times by visiting the online shop.
Unless otherwise agreed, delivery will be made from the ALTOMAYO-Onlineshop warehouse to the delivery address provided by the customer. The delivery address and the billing address must be located within Germany.
ALTOMAYO-Onlineshop is entitled to make partial deliveries provided this is reasonable for the customer.
If ALTOMAYO-Onlineshop is unable to deliver the ordered goods through no fault of its own, because the supplier of ALTOMAYO-Onlineshop has failed to fulfil its contractual obligations for example, ALTOMAYO-Onlineshop is entitled to cancel the contract with the customer. In this case, the customer will be immediately informed that the ordered product is unavailable and any amounts paid by the customer will be immediately refunded.
The customer’s statutory rights shall remain unaffected.
If it is not possible to make a delivery to the customer, because the delivered goods cannot fit through the customer’s entrance door, house door or stairwell or because the customer is not to be found at the delivery address which they have provided, even though the customer was given reasonable notice with regard to the time of delivery, the customer shall be liable for the costs of the unsuccessful delivery attempt.
Services such as delivery to the place of use or the return of packaging are not available for island deliveries. Only a basic delivery service is offered for deliveries of this kind.
The transport costs will be listed separately.
The shipping costs will be calculated on an order-by-order basis and are not affected by partial deliveries or the number of items order. If an order is sent as multiple deliveries for logistical reasons, the customer will only be charged for the shipping costs once
Where pre-payment has been made, the delivery period begins from the time at which payment is received.
§ 7 Terms of payment, default
The invoice amount shall become due when the order is accepted by ALTOMAYO-Onlineshop, or, where prepayment has been chosen, upon receipt of the proforma invoice sent via confirmation e-mail. The customer can pay the purchase price by means of pre-payment, the Sofortüberweisung payment system or PayPal. The customer is free to choose the method of payment.
Payment cannot be made by sending cash or cheques. ALTOMAYO-Onlineshop accepts no liability for loss. If paying by means of pre-payment, the customer must transfer the invoice amount to the following account within ten days of having received the proforma invoice sent via confirmation e-mail, remembering to state the invoice number:
IBAN: DE92 1008 0000 0760 3113 02
If the customer is late in making payment, ALTOMAYO-Onlineshop is entitled to demand default interest at a rate of 5% above the basic interest rate set by the European Central Bank per annum. If ALTOMAYO-Onlineshop can prove that it has suffered greater damages as the result of the delay in payment, ALTOMAYO-Onlineshop is entitled to claim for these damages. ALTOMAYO reserves the right to transfer claims.
If the delivery address is not identical to the billing address, you will receive the invoice in electronic form only. If you require a printed invoice, please contact our customer service team.
§ 8 Reservation of ownership
The delivered goods shall remain the property of ALTOMAYO-Onlineshop until full payment has been made.
§ 9 Offsetting, retention
The customer is only entitled to offset if his/her counterclaims are legally established or undisputed by ALTOMAYOOnlineshop. Furthermore, he/she may only exercise a right of retention insofar as his/her counterclaim pertains to the same contractual relationship.
§ 10 Warranty
If the purchased item is defective, the statutory provisions shall apply.
All goods sold by ALTOMAYO-Onlineshop are subject to the statutory warranty rights.
The customer is not entitled to assign these claims.
Should subsequent performance be provided by means of a replacement delivery, the customer is obligated to return the goods which were initially delivered to ALTOMAYO-Onlineshop within 14 days, the costs of which shall be borne by ALTOMAYO-Onlineshop. The defective goods must be returned in accordance with the statutory provisions. ALTOMAYO-Onlineshop reserves the right to claim for damages under the conditions stipulated by law.
§ 11 Liability
ALTOMAYO-Onlineshop is liable for damages resulting from injury to life, limb or health, if attributable to a culpable infringement of duty committed by ALTOMAYO-Onlineshop, its representatives, employees or vicarious agents. ALTOMAYO-Onlineshop shall also be liable for claims in accordance with the German Product Liability Act or if a defect has been fraudulently concealed or ALTOMAYO-Onlineshop has provided a guarantee for the condition of a supplied item.
ALTOMAYO-Onlineshop is liable for all damages other than those described in the aforementioned cases, which are attributable to a culpable or grossly negligent breach of duty, or in the case of essential contractual obligations, to a simple negligent breach of duty by ALTOMAYO-Onlineshop, its representatives, employees or vicarious agents. However, in the event of a simple negligent breach of essential contractual obligations, liability is limited to the foreseeable damages typical for this type of contract. Essential obligations are those which must be fulfilled in order for the contract to be properly executed and the fulfilment of which the contracting parties may rely upon as a matter of course.
ALTOMAYO-Onlineshop is not liable for any simple negligent breach of any duties other than those described in the aforementioned cases.
The above regulations apply to all damages claims, including those for damages in addition to performance and damages in lieu of performance, irrespective of the legal grounds for such, in particular due to defects, a breach of obligations resulting from the contractual relationship or from liability in tort. They also apply to any claim for reimbursement of wasted expenditure.
The above regulations do not constitute any change in the burden of proof to the disadvantage of the customer.
§ 12 Data protection
§ 13 Copyright
All rights are reserved. The content and structure of ALTOMAYO-Onlineshop are protected under copyright law and other protective laws. Unless otherwise specified, all trademarks used in ALTOMAYO-Onlineshop and the ALTOMAYO webpages are protected under trademark law. This applies in particular to ALTOMAYO brands, company logos and emblems. No changes may be made to these pages.
§ 14 Choice of law, place of jurisdiction, severability clauser
The law of the Federal Republic of Germany applies. The mandatory consumer protection regulations of the country in which the customer has his/her habitual residence are excepted from this choice of law. The UN Convention on the International Sale of Goods shall be excluded. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and ALTOMAYO-Onlineshop is the location of the latter’s registered office, provide the customer is a merchant, a legal person under public law or a public special asset. If a provision of these General Terms and Conditions proves to be invalid, this shall not affect the validity of the remaining provisions.