Liquid Gold Oils SRL
Strada Calea Rădăuți nr. 33
Com. Frătăuții Vechi
727256 Mănăuți, Romania
Cod Unic de Înregistrare: 53862546
Email: info@liquid-gold.eu
Phone: +40 790 994 499
Hereinafter referred to as "Liquid Gold", "we" or "us".
Contents
- Scope of Application
- Contract Language and Storage of the Contract Text
- Offer and Conclusion of Contract
- Products and Product Information
- Prices, VAT and Shipping Costs
- Payment Terms
- Delivery and Availability
- Transport Damage
- Right of Withdrawal
- Model Withdrawal Form
- Statutory Rights in Case of Defects
- Best-Before Date and Storage
- Retention of Title
- Liability
- Customer Account
- Vouchers and Promotional Codes
- Data Protection
- Complaints and Consumer Dispute Resolution
- Applicable Law
- Amendments to these Terms and Conditions
- Final Provisions
1. Scope of Application
1.1 These General Terms and Conditions apply to all orders placed by consumers through our online shop at liquid-gold.eu.
1.2 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 These General Terms and Conditions do not apply to contracts with entrepreneurs unless expressly agreed otherwise.
1.4 Deviating terms and conditions of the customer apply only if we have expressly agreed to their validity.
2. Contract Language and Storage of the Contract Text
2.1 Depending on the language version selected in the online shop, the contract may be concluded in particular in German, English or Romanian.
2.2 The contract language relevant for the order is the language in which the order process is carried out and the order is placed.
2.3 Before submitting the order, the customer can check and correct the order data using the functions provided in the online shop.
2.4 After receipt of the order we send the customer a confirmation containing the order data to the email address provided by them. The customer can save or print the order data and these General Terms and Conditions.
2.5 Insofar as the contract text is additionally stored by us, the customer has no claim to permanent online access to this contract text.
3. Offer and Conclusion of Contract
3.1 The presentation of the products in the online shop does not yet constitute a legally binding offer to conclude a purchase contract. It is an invitation to the customer to place an order.
3.2 The customer places the desired products in the shopping cart, enters the information required for the order and selects the payment and shipping method offered.
3.3 Before the order is placed, the customer is shown the essential characteristics of the products, the total price including taxes and any delivery and other costs that may arise.
3.4 By clicking the final order button, which is clearly marked as entailing an obligation to pay, the customer submits a binding offer to purchase the products contained in the shopping cart.
3.5 The automatically sent acknowledgement of receipt merely documents that the order has been received and does not yet constitute acceptance of the offer, unless acceptance is expressly declared therein.
3.6 The purchase contract is concluded as soon as we
- a) expressly accept the order by email,
- b) send a dispatch confirmation, or
- c) ship the ordered goods,
whichever of these events occurs first.
3.7 We are entitled to reject an order in particular if a product is unavailable, payment cannot be authorised, there is an obvious pricing or product error, or there are justified indications of an abusive or fraudulent order.
3.8 If an order is not accepted, payments already made will be refunded without undue delay using the payment method originally used.
4. Products and Product Information
4.1 We sell in particular cold-pressed edible oils and related food products.
4.2 Our oils are natural products. Natural variations in colour, taste, smell, consistency or sediment may occur depending on the raw material, harvest and batch. Such variations customary for the product do not constitute a defect as long as the product still has the agreed quality and the quality usually to be expected.
4.3 Product images serve illustration purposes. Colours in particular may differ slightly from the actual product depending on the screen display.
4.4 Decisive are the product description, list of ingredients, allergen information, fill quantity, storage instructions and other mandatory information stated on the respective product page or on the product packaging.
4.5 Customers with allergies or intolerances must observe the ingredient and allergen information of the respective product before consumption. In case of any doubt, please contact us before placing an order.
4.6 Information on our website serves general product information and does not replace medical advice. Our products are not intended to diagnose, treat or cure any disease.
5. Prices, VAT and Shipping Costs
5.1 All prices stated in the online shop are total prices in Euro and include the applicable statutory value added tax.
5.2 Shipping costs may be charged in addition to the product price. The specific shipping costs are shown to the customer in the shopping cart or at the latest immediately before the order is placed.
5.3 For deliveries to countries outside the European Union, import charges, customs duties, taxes or handling fees may arise. These are not levied by us and are generally payable by the recipient to the competent authorities or service providers, unless expressly stated otherwise during the order process.
5.4 Promotional prices, vouchers and discounts apply only under the conditions stated in each case and within the stated period.
5.5 Obvious pricing, typographical or calculation errors entitle us to make a correction. If an order has already been placed, we will inform the customer about the error and the correct price before the contract is concluded.
6. Payment Terms
6.1 The payment methods available in the specific order process are shown to the customer before the order is placed.
6.2 Depending on the country of destination and technical availability, the following payment methods in particular may be offered:
- Credit or debit card via a payment service provider;
- SEPA bank transfer;
- further payment methods shown during the order process.
6.3 In the case of card payment, the invoice amount is authorised or debited in accordance with the payment service provider used.
6.4 In the case of payment by bank transfer, the invoice amount must be paid within the period stated during the order process or in the payment request. The goods are generally dispatched only after the payment has been received in full.
6.5 If a payment is charged back or refused due to circumstances for which the customer is responsible, the customer may be obliged to reimburse the costs actually and necessarily incurred as a result. The customer remains entitled to prove that no costs or substantially lower costs have been incurred.
6.6 In the event of late payment, the statutory provisions apply.
7. Delivery and Availability
7.1 We deliver to the countries that can be selected as delivery countries during the order process.
7.2 The respective expected delivery time is stated on the product page, in the shopping cart or during the order process.
7.3 In the case of payment in advance, stated delivery times begin on the day after the full invoice amount has been received. For other payment methods they generally begin on the day after the contract is concluded.
7.4 If the end of a delivery period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day, unless the law provides otherwise.
7.5 Partial deliveries are permitted insofar as they are reasonable for the customer. A partial delivery initiated by us does not cause any additional shipping costs for the customer.
7.6 If an ordered product is temporarily or permanently unavailable, we will inform the customer without undue delay. If delivery is permanently impossible, we will not accept the customer's offer or, where a contract has already been concluded, may withdraw in accordance with the statutory provisions. Payments already made will be refunded without undue delay.
7.7 Events outside our reasonable control, in particular natural events, official measures, strikes, transport disruptions or unforeseeable supply shortages, may lead to delays. Mandatory statutory rights of the customer remain unaffected.
7.8 The customer must provide a complete and correct delivery address when placing the order. If additional shipping costs arise because the customer culpably provided an incorrect or incomplete address, the customer may be obliged to reimburse the additional costs actually required.
8. Transport Damage
8.1 If a shipment shows visible damage on delivery, we ask the customer to document the damage with the carrier where possible and to inform us promptly.
8.2 Concealed transport damage should likewise be reported as promptly as possible after its discovery and documented with meaningful photographs.
8.3 Failure to report or document the damage immediately, or to have it confirmed by the carrier, has no effect on consumers' statutory rights in respect of defects and warranty.
8.4 Please do not dispose of damaged products and packaging until we have informed you whether they are still needed to process the complaint. Foodstuffs that pose a health risk or have leaked do not have to be kept.
9. Right of Withdrawal
Consumers are generally entitled to the statutory right of withdrawal described below.
Withdrawal Instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.
If you have ordered several goods in a single order which are delivered separately, the withdrawal period begins on the day on which you, or a third party named by you who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us
Strada Calea Rădăuți nr. 33
Com. Frătăuții Vechi
727256 Mănăuți, Romania
Email: info@liquid-gold.eu
Phone: +40 790 994 499
of your decision to withdraw from this contract by means of a clear statement, for example a letter sent by post or an email.
You may use the model withdrawal form below for this purpose. However, use of the form is not mandatory.
To meet the withdrawal deadline it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including the costs of the cheapest standard delivery offered by us.
Additional costs arising because you chose a type of delivery other than the cheapest standard delivery offered by us will not be refunded.
The refund is made without undue delay and no later than fourteen days from the day on which we received your notice of withdrawal from this contract.
For this refund we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. You will not be charged any fees for this refund.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal, to the following address:
Strada Calea Rădăuți nr. 33
Com. Frătăuții Vechi
727256 Mănăuți, Romania
The return period is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
We are not obliged to accept shipments that are unpaid or insufficiently stamped. Reasonable additional costs arising from this may be deducted from the amount to be refunded, insofar as this is legally permissible.
You are only liable for any diminished value of the goods where this diminished value results from handling the goods in a way that was not necessary to establish their nature, characteristics and functioning.
Exclusion or early expiry of the right of withdrawal
The right of withdrawal does not exist in particular for contracts for the supply of goods
- a) that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer;
- b) that are liable to deteriorate rapidly or whose expiry date would quickly be exceeded;
- c) that are delivered sealed, are not suitable for return for reasons of health protection or hygiene, and whose seal was removed after delivery.
In the case of correspondingly sealed edible oils, the right of withdrawal may therefore expire early if the seal applied to protect the product was removed or damaged after delivery and the product is no longer suitable for return for reasons of health protection, hygiene or food safety.
Merely opening a shipping package does not automatically lead to the loss of the right of withdrawal.
Statutory rights in the case of defective, damaged, spoiled or incorrectly delivered goods remain unaffected by these provisions.
10. Model Withdrawal Form
If you wish to withdraw from the contract, you can fill in this form and send it to us:
Liquid Gold Oils SRL
Strada Calea Rădăuți nr. 33
Com. Frătăuții Vechi
727256 Mănăuți, Romania
Email: info@liquid-gold.eu
Delete as appropriate.
11. Statutory Rights in Case of Defects
11.1 The statutory rights in respect of non-conformity with the contract or defects apply to the goods delivered by us.
11.2 A product is defective in particular if, at the time of handover, it does not have the agreed quality, is not suitable for the use assumed under the contract or for the customary use, or does not meet the legitimate expectations.
11.3 Natural variations customary for cold-pressed oils, in particular with regard to colour, taste, smell, consistency or natural sediment, do not in themselves constitute a defect.
11.4 An impairment that arises after handover due to improper storage, strong heat, direct sunlight, frost, contamination, damaged packaging or use contrary to the product and storage instructions does not in principle constitute a defect for which we are responsible.
11.5 In the case of justified defects, the consumer is entitled to the statutory remedies. Depending on the type of product and defect, these include in particular replacement delivery, bringing the goods into conformity with the contract, an appropriate price reduction or termination of the contract.
11.6 A remedy may be refused insofar as it would be impossible or would cause us disproportionate costs taking all circumstances into account, and the law permits such a refusal.
11.7 The remedy is provided free of charge, within a reasonable period and without significant inconvenience for the consumer.
11.8 In the case of defective, damaged, spoiled or incorrectly delivered goods, Liquid Gold bears the necessary costs of return or, where appropriate, provides a free return option.
11.9 The customer should send a complaint to info@liquid-gold.eu, if possible stating the order number, a description of the problem and suitable photographs. This information facilitates processing but is not a precondition for the existence of statutory rights.
11.10 Statutory rights in respect of defects must not be confused with the right of withdrawal. The rule according to which the customer bears the return costs in the case of an ordinary withdrawal does not apply to justified complaints about defective or incorrectly delivered goods.
12. Best-Before Date and Storage
12.1 The best-before date is not a general prohibition on consumption. Until this date the unopened product generally retains its intended properties if stored properly.
12.2 After opening, the storage and consumption instructions stated on the label or on the product page must be observed.
12.3 The oils must in particular be protected from light, heat, moisture and contamination and closed properly after use.
12.4 Products must not be consumed if the packaging is damaged or leaking on receipt, if the product shows recognisable signs of spoilage or if there are doubts about its food safety. Please contact us immediately in such a case.
13. Retention of Title
The delivered goods remain our property until the respective purchase price has been paid in full.
14. Liability
14.1 We are liable without limitation
- a) in cases of intent and gross negligence;
- b) for culpable injury to life, body or health;
- c) under the mandatory provisions of product liability law;
- d) to the extent of a guarantee expressly assumed;
- e) in all other cases in which a limitation of liability is not legally permissible.
14.2 In the case of a slightly negligent breach of a material contractual obligation, our liability is limited to the damage foreseeable at the time the contract was concluded and typical for this type of contract. A material contractual obligation is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
14.3 In all other respects, liability for damage caused by slight negligence is excluded, insofar as this is legally permissible.
14.4 The above limitations of liability apply accordingly to our legal representatives, employees and vicarious agents.
14.5 Mandatory consumer rights and statutory claims in respect of defective goods remain unaffected.
15. Customer Account
15.1 Insofar as the online shop allows a customer account to be created, the customer must provide correct and complete information when registering.
15.2 Access data must be treated confidentially and must not be passed on to unauthorised third parties.
15.3 The customer must inform us without undue delay if there are indications of unauthorised use of their customer account.
15.4 We may temporarily block or delete a customer account if it is used abusively, if false information has been provided or if blocking is necessary for security reasons. Contracts already concluded and mandatory statutory rights remain unaffected.
16. Vouchers and Promotional Codes
16.1 Vouchers and promotional codes can only be redeemed within their period of validity and in accordance with the conditions communicated in each case.
16.2 Unless stated otherwise, only one promotional code can be used per order. Subsequent crediting is excluded.
16.3 Any remaining voucher credit is treated in accordance with the conditions applicable to the respective voucher.
16.4 Payment in cash is excluded unless there is a mandatory statutory obligation to pay out.
16.5 Statutory rights, in particular in the event of rescission, withdrawal or defects, remain unaffected.
17. Data Protection
17.1 We process personal data in accordance with the General Data Protection Regulation, the applicable Romanian data protection law and our privacy policy.
17.2 Information on the nature, scope and purposes of the data processing as well as on the rights of data subjects can be found in our separate Privacy Policy.
17.3 Payment service providers, shipping companies and other service providers receive personal data only insofar as this is necessary to process the order or another legal basis exists.
18. Complaints and Consumer Dispute Resolution
18.1 Customers can submit complaints using the following contact details:
Strada Calea Rădăuți nr. 33
Com. Frătăuții Vechi
727256 Mănăuți, Romania
Email: info@liquid-gold.eu
Phone: +40 790 994 499
18.2 We endeavour to examine complaints within a reasonable period and to resolve them amicably.
18.3 Insofar as we are legally obliged to participate in proceedings before a consumer arbitration body, the respective statutory provisions apply.
18.4 Insofar as there is no statutory obligation, we are neither obliged nor generally willing to participate in dispute resolution proceedings before a consumer arbitration body.
18.5 The European Commission's former online dispute resolution platform has been discontinued. A reference to this platform is therefore no longer provided.
18.6 The consumer's option to contact a competent consumer protection authority, a recognised body for alternative dispute resolution or a competent court remains unaffected.
19. Applicable Law
19.1 These General Terms and Conditions and the contractual relationship between the customer and Liquid Gold are governed by Romanian law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
19.2 This choice of law does not deprive a consumer of the protection granted to them by mandatory provisions of the state of their habitual residence, provided that these provisions would be applicable in the absence of the choice of law.
19.3 Mandatory statutory provisions on jurisdiction for consumer contracts remain unaffected.
20. Amendments to these Terms and Conditions
20.1 The version of these General Terms and Conditions that was provided in the online shop at the time the order was placed generally applies to that order.
20.2 Changes to these General Terms and Conditions do not have retroactive effect on contracts already concluded, unless mandatory statutory provisions or an express agreement with the customer provide otherwise.
21. Final Provisions
21.1 Should individual provisions of these General Terms and Conditions be or become wholly or partly invalid or unenforceable, the remaining provisions shall remain unaffected, insofar as this is legally permissible.
21.2 The applicable statutory provisions shall take the place of an invalid or unenforceable provision.
21.3 Headings serve clarity only and do not affect the interpretation of the provisions.