Fine Delight Food

Marika Mojsovski & Ali Kücükcayir
Scheinerstr. 36
D-50737 Cologne / Germany
Phone: +49 173-5275707
E-Mail: info@finedelight.de
WhatsApp: +49 173-5418336

VAT-ID Nr.: DE311028677
 

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

1. The following terms and conditions apply to contracts concluded between you and us, Marika Mojsovski, via the website www.finedelight.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have is objected to.
2. A consumer, within the meaning of these terms and conditions, is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

§ 2 Conclusion of the Contract

1. The subject of the contract is the sale of goods, including digital content (data created and provided in digital form).
2. By listing the respective product on our website, we make a binding offer to conclude a contract under the conditions specified in the item description via the online shopping cart system.
3. The contract is concluded through the online shopping cart system as follows:
   • The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
   • After clicking the "checkout" or "proceed to order" button and entering personal data as well as payment and shipping conditions, the order details are displayed as an order overview.
   • If you use an instant payment system (e.g., PayPal, Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
   • If redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data is displayed as an order overview on the instant payment system provider's website or after being redirected back to our online shop.
   • Before submitting the order, you have the opportunity to review and change the information in the order overview or cancel the order.
   • By submitting the order via the corresponding button ("order with obligation to pay," "buy now," "pay now," or similar), you declare the legally binding acceptance of the offer, thereby concluding the contract.
4. Your inquiries for the creation of an offer are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days, unless another period is specified in the respective offer.
5. The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must ensure that the email address you provide is correct, and that the receipt of emails is technically ensured and not prevented by SPAM filters.

§ 3 License for Use of Digital Content

1. The digital content offered is protected by copyright. You receive a usage license for each digital content purchased from us, granted by the respective licensor. The type and scope of the usage license are determined by the license terms specified in the respective offer.

§ 4 Custom-Made Products

1. You provide us with the necessary suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email promptly after the conclusion of the contract. Our specifications regarding file formats must be observed.
2. You undertake not to transmit any data whose content infringes the rights of third parties (particularly copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
3. We do not check the transmitted data for content accuracy and assume no liability for errors in this respect.

§ 5 Conclusion of the Contract for Courses

1. The subject of the contract is the provision of courses. By listing the respective course offer on our website, we make a binding offer to conclude a contract under the conditions specified in the respective course description via the online shopping cart system.
2. The contract is concluded through the online shopping cart system as follows:
   • The courses intended for booking are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
   • After clicking the "checkout" or "proceed to order" button and entering personal data as well as payment conditions, the order details are displayed as an order overview.
   • If you use an instant payment system (e.g., PayPal, Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
   • If redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data is displayed as an order overview on the instant payment system provider's website or after being redirected back to our online shop.
   • Before submitting the order, you have the opportunity to review and change the information in the order overview or cancel the order.
   • By submitting the order via the corresponding button, you declare the legally binding acceptance of the offer, thereby concluding the contract.
3. Your inquiries for the creation of an offer are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days, unless another period is specified in the respective offer.
4. The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must ensure that the email address you provide is correct, and that the receipt of emails is technically ensured and not prevented by SPAM filters.

§ 6 Provision of Services for Courses

1. Courses are provided in the form described in the respective offers, either at the agreed time or within the agreed period.
2. If the performance of the course depends on the number of participants, the minimum number of participants will be stated in the respective offer. If the minimum number of participants is not reached, we will inform you in writing (e.g., by email) at least 7 days before the start of the course that the course will not take place. In this case, any payments made will be refunded immediately.
3. In the event of cancellation of a single event due to short-term absence of the course instructor due to illness or other important reasons, the payments made will be refunded. In the case of events consisting of several dates, if one date is canceled for the aforementioned reasons, it will be rescheduled where possible. If individual dates of such a course are not held and not made up for, you are entitled to a partial refund.
4. In connection with the use of course rooms and objects, you must comply with the house rules displayed on site. You must follow our instructions or those of the course instructor.

§ 7 Right of Retention, Reservation of Title

1. You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.
2. We retain ownership of the goods until full payment of the purchase price.

§ 8 Warranty

1. Statutory warranty rights apply.
2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
    

§ 9 Legal Liability

1. We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, for fraudulent concealment of a defect, for the assumption of a guarantee and in all other cases regulated by law.
2. Liability for defects within the scope of the statutory warranty is governed by the corresponding provision in our customer information (Part II) and these General Terms and Conditions (Part I).
3. In the case of essential contractual obligations, our liability in the case of slight negligence is limited to foreseeable damage typical for the contract. Essential contractual obligations are obligations that arise from the nature of the contract and whose breach would endanger the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which you may regularly rely.
4. In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
5. The data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.

§ 10 Choice of Law, Place of Performance, Place of Jurisdiction

1. German law applies. For consumers, this choice of law only applies to the extent that it does not withdraw the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favorability).
2. The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The authority to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
3. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

Marika Mojsovski
Am Bahndamm 2
41469 Neuss
Germany
Telephone: +49 1520 4772582
Email: kontakt@finedelight.de

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at: https://ec.europa.eu/odr

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.