The General Terms and Conditions of Business and Delivery (GTC) of Aster Gastronomies / Pizgourmet.com
Scope and contractual partners
Aster Restaurants, hereinafter referred to as “Provider”, provides the services exclusively based on the following terms and conditions. The contractual partner with you, the customer, is Aster Gastronomies - the address www.pizgourmet.com is the registered internet address of the provider.
Subject of the contract
The subject of the contract is the sale and/or brokerage of products from a wide range of manufacturers.
3. Order and conclusion of contract
All offers are non-binding. All orders must be sent to the provider online via the shop system. The order only represents an offer and does not oblige the provider to accept it - especially not to accept any conditions. General customer conditions are specifically excluded. When ordering via the Internet, the purchase contract only becomes valid when the provider confirms the order by email.
Youth protection
We expressly point out that, as required by law, we do not send our alcoholic products to minors. By accepting our terms and conditions, you confirm to us that you are over 18 and have full legal capacity.
4. Prices
The prices valid at the time of conclusion of the contract and published publicly on these websites apply. Unless otherwise stated, all prices include VAT. The provider reserves the right to change prices if necessary without notice.
5. Payment Terms
The ordered products can be paid for in the following ways:
- Credit card
- delivery terms
In order to ensure the high quality of the products during delivery, we only send products that require refrigeration via express (48 hours) from Monday to Wednesday.
Depending on the order quantity, the following delivery costs apply
Shipping to Germany, Austria, Italy
0 - 80€ / shipping costs 9.90€
from 80€ / shipping free
All prices include VAT.
Please note:
- If your delivery address is an address that is not permanently occupied (e.g. a company address) and you are not at home when delivery and/or collect the package from the post office after a delay, your right to a refund and compensation due to insufficient refrigeration will expire.
7. RETURN POLICY
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from that day.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract to Aster Gastronomies Rohrer Straße 13 1C Sarnthein (BZ), Italy. Products that require refrigeration must be returned without interrupting the cold chain. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Exclusion of the right of withdrawal
The right of withdrawal exists
1. not in the case of distance selling contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded.
2. for the delivery of audio or video recordings or software, provided that the data carriers delivered have been unsealed by the consumer.
3. for the delivery of newspapers, magazines and magazines, unless the consumer has made his contractual declaration by telephone or
4. if the customer is an entrepreneur, ie a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, acts in the exercise of their commercial or independent professional activity.
8. Retention of title
All delivered goods remain the property of the provider until the purchase price has been paid in full.
9. Data protection
- All personal data provided by the customer during the ordering process (such as title, name, address, date of birth, e-mail address, telephone number, bank details) will be processed exclusively in accordance with the provisions of Italian data protection law (in particular the provisions of the Data Protection Act and the Telemedia Act). ) collect, store, use and, if necessary, pass on or transmit it to third parties. We use the data you provide to fulfill and process your order.
- The personal data, insofar as it is necessary for the justification, content or changes to the contractual relationship (inventory data), is initially used exclusively to process the purchase contracts concluded between Aster Gastronomies and the customer, for example to deliver goods to the address specified by the customer. For this purpose, the data will also be passed on to logistics companies if necessary:
- For the purpose of parcel notification, we pass on your email address to the responsible transport company.
- When you register for the newsletter, your email address will be used for our own advertising purposes until you unsubscribe from the newsletter. The deregistration is possible at any time.
Any use of your inventory data beyond that described above for advertising purposes (e.g. newsletters), market research or to tailor Pizgourmet's offerings to your needs requires the express consent of the customer. The customer has the opportunity to give this consent before placing the order. Consent is voluntary and can be accessed on the Pizgourmet website and revoked by the customer at any time. The terms and conditions can be viewed at any time here. You can view your past orders in our customer log-in area. The responsible body within the meaning of the applicable data protection laws is Aster Gastronomies.
- Online dispute resolution
From February 15, 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without going to court. The dispute resolution platform can be accessed under the external link https://ec.europa.eu/consumers/odr/ .
11. Severability clause / place of jurisdiction
If a dispute cannot be resolved amicably, it will be submitted to the court in whose district the buyer is domiciled, provided that it is within Italian territory, in accordance with article 66-bis of Legislative Decree No. 206/05.
If the customer is from another EU member state, the dispute will be brought before a court in the member state in whose territory this contractual partner has its registered office or residence or before the court in the place where the consumer has his residence.
If individual provisions of this contract are invalid, the validity of the general terms and conditions remains unaffected and will be replaced by wording that corresponds to the contract or the provisions provided for by law.