§ 1 General information

1. Scope
The following general contractual terms and conditions shall apply exclusively, insofar as not otherwise determined in writing, to the business relations between Andalusische Feinkost Rodríguez and the buyer.

Should one provision of the general business terms be or become invalid this shall have no effect on the validity of the General Business Terms on the whole. The invalid regulation shall be replaced by a regulation which corresponds with the commercial object of the contract.

2. Conclusion of contract
The contract between Andalusische Feinkost Rodríguez and the buyer shall be concluded through the offer and acceptance. The offer is principally placed by the buyer by sending the order. The purchase contract is effectively concluded by sending the ordered goods. The order confirmation by e-mail does not represent a legally binding conclusion of a contract and merely serves to compare the details of the order.

Our offers are without obligation and non-binding.

§ 2 Service and warranty

We assure that the ordered goods will be delivered in a fresh and impeccable quality.
Please note that we do not assume any liability for damages suffered due to spelling mistakes. Therefore, please read the confirmation e-mail carefully which will be sent to you automatically following your order. If any errors have been made by mistake please inform us immediately by e-mail under bestellung@magiqo.com or by telephone.
We exclusively process fresh and first-class goods. Please inform us immediately should you nevertheless have a reason to make a complaint. We will then arrange for a substitute delivery within the framework of our freshness guarantee. All complaints must have been received by us no later than on the day following the service.
A quality complaint owing to delayed delivery after an unsuccessful attempt at delivery by the shipping company cannot be recognised. The shipment shall be deemed as delivered from the time at which the delivery driver made the first attempt at delivery.
Returns of the goods are principally not permitted and will not be accepted insofar as not otherwise coordinated.

§ 3 Prices

1. Prices in Germany
All prices shown on our website are inclusive of the applicable rate of value added tax. The shipment costs are included in the price.

2. Prices overseas
There may be deviations to the prices on our website in case of overseas deliveries. We shall be pleased to inform you of the exact delivery details upon request.

§ 4 Delivery

1. General information
The goods will be delivered to the delivery address stated by the buyer insofar as not otherwise agreed. The buyer is responsible for the complete and correct address details. The risk shall pass to customer as soon as the order has been transmitted to our logistics.
Please read the confirmation e-mail carefully. Inform us of possible requests for changes immediately by e-mail at bestellung@magiqo.com. We can take requests for changes into account by no later than 9:00 am on the day following your order. Processing is no longer possible after this time.
The shipment is deemed as delivered from the time at which the delivery driver has made the first attempt at delivery.
We shall deliver to each complete and correct postal address. The shipment shall be deemed as delivered for the event that the shipment cannot be delivered owing to faulty address details or the refusal of acceptance by the recipient. The delivery is deemed as satisfied in both cases. The purchase price shall still be borne by the buyer. This shall also apply to the event that the recipient’s name is not affixed to the door bell.

2. Delivery times and delivery instructions
The deliveries are made from 8:00 am to 7:00 pm from Monday to Friday by the shipping company commissioned by us. We shall initiate delivery of your shipment punctually in any case. However, please note that 95-98 % of the parcels arrive at the recipients on the agreed date in case of deliveries. In exceptional cases (2-5%) the delivery may be delayed by 1 to 2 workdays. We have no influence on this fact.
Should the recipient not be at home at the time of delivery we may serve the shipment to a neighbour. When entering the recipient details the buyer has the possibility to note to which neighbour the delivery can be made in the field address supplement. If no service is possible the delivery service shall leave a notification card at the recipient and store the parcel until the next delivery trip. We shall not assume any responsible for quality losses during the storage period.
Delivery at a certain part or time of the day is not possible!
When entering the order data you can give a telephone number for the recipient. The delivery service will call the recipient before delivery to coordinate the exact delivery time and confirm the address.

3. Reservation of delivery
We deliver the goods subject to the reservation that the goods are available. The availability can be impaired through extreme weather conditions, peak times (e.g. bank holidays), etc. We shall inform you immediately in case the goods are not available. Damages are excluded insofar as there is no gross negligence.

§ 5 Right of revocation

The 14-day right of return according to § 312 d BGB [German Civil Code] shall not apply here as the legislator does not envisage any right of return in the case of perishable goods. However, we would like to refer to our freshness guarantee at this point and request you to inform us of possible complaints or incomplete deliveries immediately.
It goes without speaking that you can cancel orders in time before delivery. We can accept a cancellation up to 1 day after our order confirmation. A cancellation after the order has been transmitted to our logistics is no longer possible.
It is principally not permitted to return the goods and these will not be accepted. In the event of an agreed return the buyer shall bear the costs for the return. The buyer shall reimburse the value in case of deterioration incurred through use.

§ 6 Due date of the payment

The purchase price shall be due and payable immediately upon order. The purchase price is paid in advance. The order will be carried out when the purchase price has finally been received on our account or proof of payment (copy of the remittance slip) is sent to us by fax or e-mail.

Payments onto the account:
Andalusische Feinkost Rodríguez
Sparkasse Gifhorn-Wolfsburg
BSC: 269513 11
Account no.: 11 035 128
Tax no: 19/137/08613
VAT Id. No.: DE230152139
In case of bank transfers from overseas:
SWIFT/BIC-Code: NOLA DE 21 GFW
IBAN: DE63 2695 1311 0011 0351 28

§ 7 Place of jurisdiction

Place of jurisdiction for full merchants, legal entities under public law and buyers from overseas is Wolfsburg. The domicile court of the end consumer also has jurisdiction for contractual disputes in the transactions with end consumers.

§ 8 Data protection and security

We appreciate your trust and treat the data required for order processing with extreme care and by applying maximum safety standards in order to protect your personal data against unauthorized access of third parties.
Your best interests are always taken into account according to the statutory provisions when processing the data. We process your personal data for the order handling as well as for maintaining the customer relations. We reserve the right to transmit data for the purpose of a creditworthiness check with service providers.