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General Terms & Conditions

§ 1 General

Fischer-Roehler & Kühl GmbH, Torstraße 56, 10119 Berlin,
represented by Alexandra Fischer-Roehler and Johanna Kühl,
USt-ID: 37/182/21189
phone: +49 30 81798022
shop@kaviargauche.com

(herein after "Kaviar Gauche" or "we"),  operates an online shop under the URL www.kaviargauche.com (the "website").

All orders placed by you via the website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer unleß we specifically agreed in writing.

 
§ 2 Contracts
 
2.1 The presentation of products on our website does not constitute any offer by Kaviar Gauche for a purchase contract.
 
2.2 By submitting the order form provided on our website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering proceß. Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.
 
2.3 On receipt of your order we will send you an e-mail with a confirmation of receipt stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
 
2.4 A purchase contract between you and Kaviar Gauche will become effective only after the full amount has been credited to our account. Once we have received the payment we will confirm that your order has been accepted by sending an e-mail to the e-mail addreß you provided in your order form. The acceptance of your order creates a legally binding contract between us.
 
2.5 Kaviar Gauche has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
 
§ 3 Prices and product presentation
 
3.1 The prices stated on our website www.kaviargauche.com at the time of your order apply. Prices are set out in EURO and include VAT but no shipping costs.
 
3.2 The goods offered at kaviargauche.com are presented on the website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
 
§ 4 Payment


The purchase price will be due immediately with the acceptance or delivery. The payment of the goods is only possible with credit card. The credit card will be charged upon shipment of the order.

For the purpose of checking the creditworthiness, the Bürgel Wirtschaftsinformationen GmbH & Co. KG, Postfach 500 166, 22701 Hamburg, will provide us the address and credit data related to your person that are stored in its database, including data which have been calculated on the basis of mathematical and statistical methods, under the condition that we satisfactorily show our legitimate interest. By activation of the Bürgel ConCheck RealTime, you hereby confirm that you have done this update on your terms and conditions page.

 
§ 5 Cancellation policy
 
Cancellation Right
You have the right to cancel this contract within fourteen days without the need to state grounds.
 
The time limit for cancellation is fourteen days from the date upon which you, or a third party appointed by you, who is not the carrier, takes receipt of the goods.
 
To exercise your right of cancellation, please notify us, Fischer-Roehler & Kühl GmbH, Linienstraße 44, D-10119 Berlin, shop@kaviargauche.com, in an unequivocal declaration (e.g. a letter sent using the postal service or e-mail) of your decision to cancel this agreement. You can, but are not under any obligation to, use the enclosed Model Cancellation Form.
 
To comply with the deadline it is sufficient that you submit the notice of the exercise of your right within the deadline.
 
Consequences of Cancellation:
 
If you cancel the contract, we are required to reimburse all payments received from you, including all delivery costs (with the exception of additional costs resulting from the selection of a delivery method other than the lowest-cost standard delivery offered by us), without delay but no later than fourteen days from the date upon which we receive notice of your cancellation. The payment method for reimbursement shall be the same as that used in the original transaction, unleß expreßly agreed otherwise with you; under no circumstances will any fees be charged in connection with the reimbursement. We are authorized to refuse to reimburse costs until the goods have been returned to us or until you furnish evidence that you have returned the goods, whichever is earlier.
 
You must at all events return the goods to us no later than fourteen days from the date upon which you notified us of your intention to cancel this contract. The deadline is complied if you send the goods within the fourteen-day period.
 
We shall bear the costs of the return of the goods within Germany, solely using GLS as shipment meßenger and using the return instructions enclosed in your package. Returns send to us from other countries have to be covered by the customer.
 
You are liable for any deterioration in value of the goods only if this is attributable to use on your part that is not neceßary in order to ascertain the conditions, characteristics and functioning of the goods.
 
In this case we shall be entitled to deduct the direct costs of recovering or restoring the goods from the amount to be paid back to you.
 
Kaviar Gauche reserves the right to cancel the contract if:
- we have insufficient stock
- we do not deliver to your area
- one or more of the goods you ordered was listed at an incorrect price
 
Model Cancellation Form
 
If you wish to cancel the agreement, please fill out the form below and send it to: 
Kaviar Gauche
Fischer-Roehler und Kühl GmbH
Torstrasse 56
D-10119 Berlin
 
email: shop@kaviargauche.com
 
I/we (*) hereby cancel the contract for the purchase of the following goods placed by me/us (*):
 
___________________________________________________________
 
___________________________________________________________
 
___________________________________________________________
 
Order placed on (*)/received on (*): _____________________________
 
Customer Name (s): __________________________________________
 
Customer(s) Address: _________________________________________
 
________________________________
 
Customer(s) signature (only in the case of written notice)
 
________________________________
 
Date
 
(*) Please delete as appropriate
 
§ 6 Shipping & dispatch
 
6.1 Your package will be shipped with GLS. Kaviar Gauche is liable for any potential transport risks.
 
6.2 The goods will be delivered as soon as poßible, after your order is accepted, to the shipment addreß specified by customer, depending on the shipment method and place of delivery chosen. The goods will be dispatched only after the full purchase price has been credited to our account.
 
6.3 Kaviar Gauche is liable for any potential transport risks to other EU-destinations than Germany, non EU-destinations like Switzerland, Japan, USA, Middle East, Hong Kong, Australia, Singapore and other destinations. Shipping costs and all included taxes will be covered by the customer.
 
6.4 Shipping costs & time
 
Shipping Costs & Time
Destination Type of Dispatch
Delivery Cost (up to 3 kg)
Standard Delivery Time (working days)
GermanyStandard8,20 EUR1
Austria, Switzerland*, Denmark, BeneluxStandard 13,10 EUR1 – 2
France, Great Britain*, Italy*Standard 21,40 EUR2 – 3
Estonia, Finland, Ireland, Latvia, Lithuania, Norway*, Sweden, Poland, Romania, Slowenia, Czech Republic, HungaryStandard 30,40 EUR3 – 4
Portugal, SpainStandard 49,90 EUR 3 – 4
Greece, Slovakia, Turkey*Standard 51,10 EUR3 – 4
Bulgaria, Malta, Cypres, Andorra Standard 69,00 EUR3 – 4
USAExpress49,90 EUR3 +
Rest of the World Express82,00 EUR 3 +
*TaxesAll prices are including the statutory VAT .

* Displayed shipping costs do not include custom duties:
France: except islands. Great Britain: Channel Islands: custom duties not included. Italy: San Marino, Livigno, Campione d'Italia: custom duties not included. Norway: custom duties not included. Spain: Canaries, Melilla, Ceuta, Gibraltar: custom duties not included. Switzerland and Liechtenstein: custom duties not included. Turkey: custom duties not included. Get in touch with us. 
 
§ 7 Retention of title
 
The goods delivered remain property of Kaviar Gauche until full payment has been made and has been credited to our account.
 
§ 8 Liability
 
8.1 If the delivered goods are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unleß you notify us in writing to Fischer Roehler & Kühl GmbH, Linienstraße 44, D-10119 Berlin, or shop@kaviargauche.com
 
8.2 If you notify a problem under condition 7.1, our sole obligation will be, to replace or repair any goods that are damaged or defective, or to refund the amount paid by you for the goods in question.
 
8.3 As precluded by law, we will not be liable for any indirect or consequential loß, damage or expenses (including loß of profits, Business or goodwill) arising in connection with the contract between us and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for goods in question.
 
8.4 Customers must observe and comply with all applicable regulations and legislation, including obtaining all neceßary customs, import or other permits to purchase goods from our site. We accept no liability in respect of the export or import of purchased goods.
 
8.5 We shall have no liability to you for any failure to deliver goods or any delay in doing so or for any damage or defect to goods delivered that is caused beyond our reasonable control including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network acceß, flood, fire, explosion or accidents.
 
§ 9 Privacy
 
Kaviar Gauche uses all data submitted by you only according to the rules of German laws on privacy and data protection. Personal data are used only for the purpose of proceßing your order and only to that extent as they are neceßary for bringing the contract into existence, to formulate its content or its changes (stock data). We strictly refrain from any other use of your personal data, especially for use of marketing or market research.
 
§ 10 Governing law
 
10.1 All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
 
10.2 If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.

§ 11 Online Appointment Booking
 

11.1 Appointment Cancellation
To rebook/cancel your appointment, please notify us at least 24 hours before your appointment. If you cancel your appointment less than 24 hours before, we reserve the right to charge a cancellation fee of 100 €, due to short-term cancellation.

11.2 Phone & Email Inquiries
We point out, that our employees are not available via phone all the time. You can also send us your request via e-mail.

11.3 Privacy Policy
All appointments, which are arranged by phone or in one of the stores, are managed via our online appointment calendar. All customers of Kaviar Gauche agree, that their data and appointments can be managed via the online appointment calendar. The processing of the personal data of our customers is exclusively and in accordance with the Federal Data Protection Act (BDSG) and the Telfondienstdatenstutzgesetzes gibt es keine Übersetzung für (TDDSG).

§ 12 Entire Agreement

12.1 These conditions, complied with our current website prices, delivery details, contact details and privacy policy, set out the framework of our contract relating to the supply of goods to you by us. No statements said by any sales person on our behalf should be understood as a variation of these conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

12.2 No variation of or amendment to these conditions shall bind either party unleß made in writing and signed by authorized representatives of both parties.