Café Royal – Delica AG
General Terms and Conditions (GTC)

1. General information

Delica AG runs the “Cafe Royal” webshop. The following General Terms and Conditions apply to all contracts between Delica AG (hereinafter referred to as “Supplier”) and customers in the Netherlands (hereinafter referred to as “Customer”, “Buyer” or also “You”) that are concluded through the Supplier’s website www.cafe-royal.com or initiated by the Customer making direct contact through the above website. Unless otherwise agreed, no reference to the Customer’s own terms and conditions is accepted.

2. Use of the website constitutes acceptance of the GTC

Delica AG makes this website, all information, tools and services on it available to You subject to You accepting these General Terms and Conditions. By using this website, visiting this website, purchasing products from us, You use our services and You hereby agree to the following terms and conditions of use and to the terms and conditions contained in links to this website and those referred to on our website. These General Terms and Conditions apply to all users of the website.

3. Contracting parties

The contract of purchase is concluded with

Delica AG

Bresteneggstrasse 4

CH-5033 Buchs

Switzerland

Commercial register of the canton of Aargau, company No.: CH-400-3908004-3

4. Object of the contract

The object of this contract is the sale of goods. The details, in particular the main characteristics of the goods, are listed in the description of the items and the supplementary information on the Supplier’s website.

Delica AG shall sell the goods specified in the webshop to private and business Customers (hereinafter referred to as “Customer”) under the General Terms and Conditions of Delivery and Sale listed hereinbelow.

5. Conclusion of the contract

The Contract is only concluded between the Customer and the Supplier once an order has been placed by the Customer and accepted by Delica AG. The Customer shall place his order on the website www.cafe-royal.com.

The Customer may submit a binding purchase offer (order) via the webshop’s online asket system. The goods intended for purchase are placed in the “basket”. The Customer can view this “basket” by pressing the corresponding button and make changes there at any time. After accessing the page “go to checkout” and entering all personal details and payment and shipping conditions, all order details are then displayed. Prior to sending the order, the Customer has an opportunity to view and amend all details (also by using the Internet browser function “back”) or to cancel his order. By sending the order using the button “order with obligation to pay”, the Customer places a binding offer with the Supplier. The Customer initially receives automatic confirmation on the screen of successful receipt by the Supplier of his order that leads not yet to the conclusion of a contract.

Customer inquiries about the purchase of goods or the individual drawing up of an offer outside the online basket system which are communicated, for instance, by telephone to the Supplier are not binding.

The processing of the order and the communication of all information required in conjunction with the conclusion of the contract is undertaken automatically via the webshop. The Customer must, therefore, ensure that the e-mail address given by him to the Supplier is correct and receipt of the e-mail is technically guaranteed.

The data protection guidelines of the Supplier’s data protection declarations apply.

6. Terms and conditions of payment

All catalogue prices are recommended prices which are continuously aligned with the market. They are denominated inBritish Pounds (GBP) including value-added tax and packing but not including postage from the Delica AG warehouse in the Netherlands.

Customers may pay by PayPal or credit card. Delica AG reserves the right to only deliver goods to Customers, which were paid for by credit card or cash on delivery.

All orders placed using the “Credit card” payment method are subject to a 2.7% credit card fee, which will be charged directly by your payment institution. For more information, please contact the payment institution which issued your credit card.

The minimum order value for each delivery is GBP 12.–. For orders with a value lower than the minimum order value, GBP 3.– is invoiced.

7. Delivery

The ordered goods are only delivered to an address in the United Kindom.

When in stock, the goods are delivered immediately to the address given by the Customer. If not, written confirmation of the order is given along with the foreseeable delivery date. The goods are delivered at the Customer’s expense and risk, including in the case of partial deliveries. Where there is visible external damage to the goods ordered, settlement of any damage is only made against a certificate of the delivery service.

Economy-rate delivery normally takes two to three working days – subject to exceptions. The indicated delivery time only applies to customary order volumes. In the case of larger (non-customary) order volumes, information on the delivery time is to be sought in advance.

The period for delivery begins from the day on which You receive our order confirmation.

8. Retention of title

The delivered goods remain the property of Delica AG until full payment has been received. Should the Customer be in default with the payment of the purchase price, Delica AG is entitled to rescind the contract (declaration of rescission) and repossess the goods.

9. Right of revocation, delivery and return costs

You have a 10-day right of revocation. Please send us your revocation within 10 days of receipt of the goods (timely dispatch is authoritative). We refund the entire amount of the order or, in the event of partial revocation, the amount of the goods as soon as we have received said goods. You shall bear the return shipping costs.

Please note that we cannot grant any right of revocation if the goods have been opened unless the contents of the goods are defective. In this case, the defective goods must be returned and the Supplier shall bear the return shipping costs.

The Customer, in his capacity as the consumer, is asked to check the goods on receipt for completeness, obvious defects and transport damage, and to send his complaints to the Supplier and haulage contractor as soon as possible. If the Customer fails to so do, this does not affect the statutory liability for defects claims or the right of revocation.

Should You receive damaged or defective goods from us, we send You a replacement at your request. We shall bear any return shipping costs.

We reserve the right to deduct compensation for any potential damage or wear and tear from the purchase price that is to be refunded.

10. Intellectual property rights

Delica AG retains all rights for each design, each text and each image on the website. Delica AG holds the rights or right of use for the designs, texts and images presented. The copying or any other form of reproduction of the entire website or parts thereof is not permitted. The brand Café Royal, its products and their images and all website contents are the property of Delica AG as are any registered trademarks or brand names of Delica AG. All other brand names, product names or company names and logos posted on this website are the sole property of the respective holders. The transmission or reproduction of contents on this website by third parties requires the explicit written permission of Delica AG.

11. Data protection

Data protection is regulated separately in our data protection declarations.

12. Place of jurisdiction and applicable law

These GTC and the contracts concluded on the basis of these GTC are governed by Dutch law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is 4127 Birsfelden, Switzerland.

13. Final provisions

Contents, products and prices on the website may be amended without prior notice.

Should individual provisions of these General Terms and Conditions be or become invalid or null and void, this does not affect the validity of the other provisions.

14. Contact details