1 Scope
The General Terms and Conditions (GTC) of the Funtasty Food ® brand[1] apply to all contracts for the purchase of items offered in the online shop www.funtasty.com, which a consumer (hereinafter referred to as the customer) concludes with primeQ Valencia SL® (hereinafter referred to as the supplier). The supplier’s terms and conditions of business apply exclusively to concluded contracts, insofar as no deviating agreements have been made.
2 Parties
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and
primeQ Valencia SL®
represented by Gunter Barbosa-Friedrich
Address: Calle San Fernando 19, 46183 Valencia
Tel: +34674319025
E-mail address: g.barbosa@primeq.es
and Ana Barbosa
Address: Calle San Fernando 19, 46183 Valencia
Tel: +34672783001
E-mail address: a.barbosa@primeq.es
Commercial register: Valencia
Commercial register number: B98928773
Sales tax identification number: ESB98928773
hereinafter referred to as the supplier, the contract is concluded.
3 Subject of the contract
These General Terms and Conditions apply to all contracts concluded for the sale of goods from the product catalogue of the Supplier’s online shop. With regard to the details of the respective offer, reference is made to the product description of the offer page of the online shop.
4 Conclusion of contract
4.1 The contract shall be concluded exclusively in electronic business transactions via the shop system.
After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract with respect to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the supplier by telephone, e-mail, post or online contact form.
The contract comes into effect
- with the receipt of the invoice amount on the account of the provider or
- with the sending of the order confirmation by e-mail, SMS or post within 5 working days.
4.2 The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day. If the offeror does not accept the offer within the aforementioned period, the contract shall not be concluded.
5 Registration
5.1 When placing an order, the customer can deposit his personal data by registering, which can simplify subsequent orders. However, there is no obligation to register in order to place an order. The customer also has the option to register as a guest in order to place an order.
5.2 By registering, the customer has the possibility to view and track the data of his order on the website of the provider under login in his customer account with his customer data (user name and password).
5.3 The customer is responsible for the accuracy of his data. Delays in the delivery process and any resulting additional costs arising from incorrect or incomplete customer data shall be borne by the customer.
5.3 With the automatic order confirmation by e-mail or by post, the customer receives the contract documents for his information.
6 Duration of contract
6.1 The contract for a single delivery has a term of one delivery, subject to termination.
6.2 For subscriptions, the notice periods apply, which are specified on the website of the provider for the respective offer.
7 Prices, shipping costs, return costs
7.1 The total price is calculated from the following components: Item price + delivery costs + packaging costs + VAT. Delivery costs are indicated during the ordering process.
7.2 Additional delivery and shipping costs depend on the conditions of the respective service provider and are indicated separately during the ordering process.
7.3 The supplier does not deliver goods to countries outside the EU.
7.4 In the case of partial deliveries, the flat-rate shipping fee shall only be charged once in each case.
7.5 Above a certain price, which can be found on the website (and which is based on the location of the customer), no packaging and delivery costs are charged.
7.6 Costs resulting from payments from abroad outside the EU shall be borne by the customer.
7.7 If a right of revocation exists and is exercised, the customer shall bear the costs of the return shipment.
8 Terms of payment
8.1 The customer can find payment options in the provider’s online shop.
8.2 Payment in advance: the invoice amount is to be transferred in advance to the account stated on the invoice after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. Payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
8.3 Invoice: the invoice amount is to be transferred to the account stated therein within 5 working days of receipt of the invoice, which contains all the details for the transfer and is sent with the delivery. Payment is due without deduction from the date of the invoice. After the expiry of the payment deadline, which is thus determined by calendar, the customer shall be in default even without a reminder.
8.4 Direct debit: the invoice amount shall be collected by the Provider by means of direct debit on the basis of the direct debit authorisation by the Customer from the Customer’s specified account. If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance information. The direct debit shall be collected when the ordered goods leave the supplier’s warehouse, but not before the expiry of the deadline for the advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the provider to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The Provider reserves the right to carry out a creditworthiness check when selecting the SEPA Direct Debit payment method and to reject this payment method in the event of a negative creditworthiness check.
8.5 Credit card: when paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been dispatched.
8.6 A right of retention of the customer which is not based on the same contractual relationship is excluded.
9 Reservations
9.1 In the event that the promised service is not available, the provider reserves the right not to provide it or to provide it at a later date, which will be communicated to the customer. In the event of a delay in delivery, the customer reserves the right to withdraw from the contract.
9.2 If the Supplier makes advance performance, it shall retain title to the goods delivered until the purchase price owed has been paid in full.
10 Delivery conditions
10.1 The goods will be dispatched immediately after confirmed receipt of payment. Dispatch takes place on average after 1 day at the latest. The entrepreneur undertakes to deliver within 1 week after receipt of order. The standard delivery time is 3 days unless otherwise stated in the item description.
10.2 The Supplier will ship the order from its own warehouse as soon as the entire order is in stock there.
10.3 The customer will be informed immediately of any delays. If the supplier is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer in this respect. The customer shall be informed of this immediately and any services received, in particular payments, shall be refunded.
11 Warranty
11.1 Consumers are entitled to a statutory right of liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty shall be governed by the relevant provisions in the General Terms and Conditions (GTC).
11.2 Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods.
11.3 If the customer is an entrepreneur, the warranty period for new goods is limited to one year. This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by the supplier or his legal representative or vicarious agent.
11.4 Goods which have been opened are excluded from exchange.
11.5 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the provider of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
12 Guarantees
12.1 The supplier offers the customer a quality guarantee for its performance. In this way, the supplier guarantees the following quality of the service: the packaging is undamaged and the contents correspond to the description on the packaging.
12.2 Freshness guarantee. The supplier provides the customer with a shelf life guarantee for its service. The supplier thus guarantees the following quality for the guarantee period: the packaging is undamaged and the contents correspond to the description on the packaging. The guarantee period is 3 months.
13 Contract design
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover or, in the case of shipment, upon delivery of the goods to the selected service provider for this purpose. The customer has the following possibility to access the stored contract text: The customer can register and view his order data in the customer area. This area can be found on the following page: Customer area of the website. The customer can correct errors in the input during the order process online until the payment process is completed. After that, a correction can only be made by calling or sending an e-mail.
14 Right of withdrawal
The customer has the right to withdraw from the contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the customer or a third party designated by the customer
- the day on which the customer or a third party designated by the customer has taken possession of the last goods (in the case of a purchase contract).
- In the case of a purchase contract, the withdrawal period is fourteen days from the day on which the customer or a third party named by the customer has taken or has taken possession of the last goods. This applies in the case of a contract for several goods which the customer has ordered as part of a single order and which are delivered separately.
- This applies in the case of a contract for several goods which the customer has ordered as part of a single order and which are delivered separately. This applies in the case of a contract for the delivery of goods in several partial consignments or pieces.
- This applies in the case of a contract for the delivery of goods in several partial consignments or pieces. This applies in the case of a contract for the regular delivery of goods over a fixed period of time. In the event of the occurrence of several alternatives, the last point in time shall be decisive.
To exercise the right of withdrawal, the customer must
primeQ Valencia SL
represented by Gunter Barbosa-Friedrich or Ana Barbosa
Calle San Fernando 19, 46183 Valencia
( +34 643 98 24 83)
*g.barbosa@primeq.es, a.barbosa@primeq.es
by means of a clear declaration (e.g. a letter sent by post or e-mail) of his decision to revoke this contract. For this purpose, he/she may use the enclosed model withdrawal form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If the customer cancels the contract, the supplier shall reimburse the customer for all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the inexpensive standard delivery offered by the supplier), without delay and at the latest within fourteen days of the day on which the goods were received by the supplier or the customer provided proof that the goods were returned. For the repayment, the Provider shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer. In no case will the customer be charged any fees because of this repayment.
The Provider may refuse repayment until it has received the goods back.
In the case of luxury foods for which the right of withdrawal is exercised, the right of withdrawal applies exclusively to unopened food or luxury foods. Opened foodstuffs or semi-luxury foods are excluded from the right of withdrawal.
The customer must return the goods without delay and in any event no later than fourteen days from the day on which he notifies the supplier of the revocation of this contract to
primeQ Valencia SL,
Gunter Barbosa-Friedrich,
Calle San Fernando 19, 46183 Valencia
( +34 643 98 24 83)
to return or hand over the goods. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days.
The customer shall bear the direct costs of returning the goods.
15 Exclusion of liability
Claims for damages by the customer are excluded, unless otherwise stated in the following. This also applies to the provider’s representatives and vicarious agents if the customer asserts claims for damages against them.
Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
16 Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has proven a legitimate interest in the assignment or pledge.
17 Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further performance of the contractual relationship shall be in German. Spanish law shall apply exclusively. For consumers, this shall only apply insofar as no legal provisions of the state in which the customer is domiciled or habitually resident are restricted thereby. The place of jurisdiction for disputes with customers is the registered office of the provider.
18 Data protection
18.1 In connection with the initiation, conclusion, execution and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the Provider. This is done within the framework of the statutory provisions.
18.2 The Provider shall not disclose any personal data of the Customer to third parties unless it would be legally obliged to do so or the Customer has expressly consented to this in advance.
18.3 If a third party is used for services in connection with the handling of processing operations, the provisions of the European Data Protection Act shall be complied with.
18.4 The data provided by the customer by way of order shall be processed exclusively for the purpose of contacting the customer within the framework of the processing of the contract and only for the purpose for which the customer has provided the data.
18.5 The data will only be passed on to the shipping company that takes over the delivery of the goods according to the order to the extent necessary. The payment data will be passed on to the credit institution commissioned with the payment.
18.6 Insofar as the Provider is subject to retention periods under commercial or tax law, the storage of some data may last up to ten years.
18.7 During the visit to the Provider’s Internet shop, anonymised data that do not allow any conclusions to be drawn about personal data and do not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
primeQ Valencia SL
Gunter Barbosa-Friedrich
Calle San Fernando 19
46183 Valencia
( +34 643 98 24 83)
* g.barbosa@primeq.es.
19 Code of Conduct
We are subject to the following code of conduct: our own code of conduct. The Code of Conduct can be accessed electronically at the following URL:
The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
20 Severability clause
The invalidity of any provision of these GTC shall not affect the validity of the other provisions.
Funtasty Food® is a registered trademark of primeQ Valencia SL®
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