Terms & Conditions
General terms and conditions of Spanish Chili Spices (GTC)
1. Scope and duration
The deliveries, services and offers of Spanish Chili Spices (J. M. Mallow) are based exclusively on these terms and conditions; we do not recognize customer conditions that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity. Contract fulfilment actions on our part do not count as consent to contractual conditions that deviate from our conditions. These terms and conditions apply as a framework agreement for all further legal transactions between the contracting parties. If parts of these terms and conditions are not effective, the remaining terms and conditions remain unaffected.
2. Delivery time and acceptance date
Delivery times are only indicative. In particular, Spanish Chili Spices is not liable for unforeseeable events that are beyond the control of Spanish Chili Spices. This applies, among other things, to strikes, force majeure and delays in delivery by producers.
After the delivery time specified by Spanish Chili Spices has expired, the customer will be informed immediately. Spanish Chili Spices is automatically granted a grace period of four weeks.
Before the expiry of this subsequent delivery period, all claims of the purchaser due to late delivery are excluded. The customer can only withdraw from the contract if the delivery does not take place after the expiry of the aforementioned deadline and a further grace period of four weeks and the customer has previously declared the withdrawal from the contract in writing by post.
Without evidence of gross negligence on the part of Spanish Chili Spices, any claims for damages or a cancellation of the contract are excluded in any case. The buyer is responsible for providing proof. In the event that the buyer does not accept the goods ordered, Spanish Chili Spices is entitled, irrespective of further claims for damages, to demand 20% of the sales value of the goods not accepted from the defaulting customer as compensation for expenses already incurred and to cover the lost profit. Spanish Chili Spices reserves the right to small deviations in dimensions and weight for deliveries.
3. Transfer of risk
Deliveries are made ex works of the contractor or the manufacturer of the contractor for the account and risk of the customer, unless otherwise agreed. Transport insurance will only be taken out at the express request and at the expense of the client. The risk passes to the client as soon as the shipment has been handed over to the person carrying out the transport or has left the contractor's warehouse or the warehouse of the manufacturer of the contractor for the purpose of shipment. If the dispatch is delayed at the request of the customer, the risk is transferred to him when the readiness for dispatch is reported.
4. Default in acceptance
The customer is obliged to immediately accept the goods sent or made available for collection in accordance with the contract; if he does not meet this obligation, the delivery is deemed to have taken place on the day on which the receipt of goods should have been made in accordance with the contract; thus the risk of accidental loss passes to the client. In the event of default in acceptance or in the event of an impossibility to deliver due to force majeure, the contractor is entitled to store the goods at the expense and risk of the customer or to store them with a forwarding agent.
5. Retention of title
Without prejudice to the earlier transfer of risk, the delivered goods remain the property of Spanish Chili Spices until all claims by Spanish Chili Spices from the delivery plus any interest, expenses and costs have been paid. If there is a threat of access to the property of Spanish Chili Spices by third parties, Spanish Chili Spices must be informed immediately.
6. Complaints, warranty
Claims for defects on the part of the customer require that the customer has properly complied with his inspection and complaint obligations. The goods must be examined immediately after delivery. If defects are found, these defects must be reported to Spanish Chili Spices within three days of delivery, stating the type and scope of the defect. Hidden defects are to be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods are considered approved. The assertion of warranty and damage claims as well as the right to contest errors due to defects are excluded in this case. It is agreed that a guarantee is provided for a period of 6 months from the time of acceptance or dispatch of the delivery to the customer and within this period the right to Warranty for movable and immovable property must be asserted. This provision does not apply to consumer transactions under the Consumer Protection Act. If both improvement and exchange are possible, it is up to Spanish Chili Spices to decide whether the warranty claim is met through exchange or improvement; unless this is associated with a disproportionately high effort compared to another remedy. Apart from those cases in which the right to conversion is due by law, we reserve the right to fulfil the warranty claim according to our choice of improvement, replacement or price reduction. The customer must always prove that the defect existed at the time of delivery and did not arise later. No guarantee can be made for purchased items that are exposed to abnormal conditions. The warranty claims also expire if the regulations for the treatment and care of the purchased item are not complied with. Warranty claims also expire if Spanish Chili Spices has not been given the opportunity to remedy this immediately after discovering a defect. Justified complaints do not entitle to withhold the entire, but only a reasonable part of the invoice amount.
Any liability for damages on the part of Spanish Chili Spices is limited to gross negligence and intent, as far as legally permissible. The claimant is responsible for providing evidence.
8. Product Liability
Recourse claims are excluded, unless the person entitled to recourse proves that the error was caused in the sphere of Spanish Chili Spices and was at least grossly negligent.
9. Prices, terms of payment
All prices quoted by Spanish Chili Spices apply ex works or warehouse of Spanish Chili Spices and are, if not expressly stated, exclusive of sales tax (value added tax). Furthermore, packaging and freight costs as well as transport insurance are not included in the prices, unless expressly stated. The purchase price, including the ancillary costs mentioned above, is due for payment in advance after receipt of the invoice without any deduction, unless otherwise agreed in writing.
10. Reminder and collection charges
In the event of default, the contracting party (customer) undertakes to reimburse the obligee for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes in particular to reimburse a maximum of the remuneration of the debt collection agency involved result from the regulation of the competent Austrian ministry on the maximum rates of the collection agencies due remuneration. If the creditor carries out the dunning process himself, the debtor undertakes to pay an amount of € 30.00 and 4% default interest per year for the first reminder, in addition for the second reminder € 45.00 and 4% default interest per year from the first reminder. The purchaser is obliged to announce any change of address during the unfulfilled contractual relationship and has to bear all costs that arise from breach of this obligation. If a significant deterioration in the client's financial circumstances becomes known or if he is in default of payment, the contractor is entitled to demand immediate payment of all invoices, including those that are not yet due. In addition, the contractor has the right to make further work on ongoing orders dependent on partial payments. Furthermore, the contractor has the right to withhold the goods that have not yet been delivered and, in the event of non-payment of the partial payments, to stop working on ongoing orders. The contractor is also entitled to these rights if the client fails to make payment despite a reminder.
Consumer right: If a buyer who is a consumer has not submitted his contract declaration either in the premises used by the entrepreneur for his business purposes or at a stand used by the latter at a trade fair or market, he can withdraw from his contract application or from the contract. This withdrawal can be declared until the contract is concluded or within two weeks thereafter. The consumer does not have the right to withdraw if he himself has initiated the business relationship with the entrepreneur or his agent for the purpose of concluding this contract. The withdrawal must be made in writing to be legally effective.
Consequences of withdrawal: If the customer withdraws, he has to return the received service or, at the discretion of Spanish Chili Spices, have it ready for collection. The customer has to pay an appropriate fee for the use, including compensation for the associated decrease in value. The customer has to bear the costs of the return delivery. Withdrawal is excluded if the goods have been manufactured according to customer specifications or clearly tailored to personal needs.
12. Choice of law, place of jurisdiction
The place of fulfilment is the headquarters of Spanish Chili Spices, J.M. Mallow. Spanish law applies. The applicability of the UN sales law is expressly excluded. The contract language is Spanish. The Parties agree to Spanish domestic jurisdiction. If it is not a consumer transaction, the competent court at the seat of Spanish Chili Spices, J.M. Mallow has exclusive local jurisdiction to resolve all disputes arising from this contract.
13. Right of Transfer
The seller is entitled to transfer the rights and obligations arising from this contract to another company or a third person. The seller will be released from his obligations four weeks after the announcement of this legal successor, unless the buyer has raised a well-founded, written objection by then.
14. Data protection, change of address and copyright
The data required for contractual processing are processed electronically and can, if required, be forwarded for the purpose of administration and customer care.
The customer gives his consent that the personal data contained in the purchase contract will also be stored and processed by Spanish Chili Spices in an automated manner in fulfilment of this contract.
The customer is obliged to notify Spanish Chili Spices of any changes to his residential or business address as long as the contractual legal transaction has not been fully fulfilled by both parties. If the notification is omitted, declarations are deemed to have been received even if they are sent to the last known address.
Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like always remain intellectual property of Spanish Chili Spices; the customer does not receive any rights of use or exploitation of any kind.
15. Combination of other discounts with promotions
A combination of discounts granted by Spanish Chili Spices in special promotions with other discounts is excluded without exception. Should a price reduction be granted by Spanish Chili Spices as part of a campaign, all other published price reductions or assumptions of costs are invalid.
16. Online Dispute Resolution Platform
Spanish Chili Spices refers to the online dispute settlement platform of the European Commission. This can be called up under the link http://ec.europa.eu/odr.
17. Instructions for very hot products
All chillies offered are intended for consumption. Due to their spiciness, chillies should only be used diluted and in very small quantities. Spanish Chili Spices points out that not all people can tolerate spicy foods well. The respective consumer is responsible for this.
Hot products can cause problems if they come into contact with the skin, eyes or mucous membranes. Please use chilli carefully and avoid contact with the eyes in any case. Improper use can cause serious injury. Chillies must be stored in such a way that children cannot access them.