Terms and conditions

GENERAL TERMS AND CONDITIONS OF

https://tropimarkt.com/

Welcome to Tropimarkt!

§ 1 Scope and provider

(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by Tropimarkt UG (limited liability) Sole proprietorship (hereinafter referred to as the provider) to you, in the version valid at the time of the order.

(2) Any deviating general terms and conditions of the purchaser will be rejected.

(3) Please read these terms and conditions carefully before placing an order with

Tropimarkt UG (limited liability) Sole proprietorship By placing an order to

Tropimarkt UG (limited liability) Sole proprietorship you agree to the application of these Terms and Conditions of Sale to your order.

(4) On Tropimarkt We offer you the sale of the following products:

Tropimarkt sells Latin American frozen and dry foods.

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are directed exclusively to end customers with a billing and delivery address in:

Germany.

For individual bulky items, the possible delivery addresses and delivery location may be limited; the restriction is indicated in the respective list price.

(3) The purchaser must be at least 18 years old.

(4) The presentation of the goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely invited to make an offer.

(5) Your order constitutes an offer Tropimarkt to conclude a purchase contract. The purchaser submits a binding offer when he has completed the online ordering process by entering the information requested there and clicks the "order with payment" button in the last step of the order.

(6) The purchase contract between the provider and the purchaser is only concluded upon a declaration of acceptance by the provider. This occurs at the earlier of the two dates: either dispatch of the goods or sending a shipping confirmation via email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The validity of contracts for quantities larger than typical household quantities, as well as the commercial resale of the purchased item, requires express confirmation from the provider. This applies both to the number of products ordered within one order and to the placing of multiple orders for the same product, where the individual orders comprise a typical household quantity.

(8) Your orders will be stored by us after the contract has been concluded. If you lose your order records, please contact us by email or phone. We will send you a copy of the order data.

(9) You agree to receive invoices electronically. Electronic invoices will be made available to you via email or in your customer account on the website. We will inform you for each delivery in the shipping confirmation whether an electronic invoice is available. Further information about electronic invoices is available on our website.

§ 3 Prices and shipping costs

(1) Our prices include the applicable statutory value-added tax and do not include any shipping fees or surcharges. Shipping surcharges vary depending on the delivery method and the nature of the item.

(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We will verify prices when processing your order and before charging your payment. If a product is mispriced and the correct price is higher than the price shown on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and ship you the product.

(3) The prices valid at the time of the order apply. If list prices are available, the prices valid at the time of the order apply.

§ 4 Delivery and cancellation

(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products that Tropimarkt sold (e.g., on the respective product detail page). Please note that all information regarding availability, shipping, or delivery of a product is only an estimate and approximate guideline. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.

(2) If Tropimarkt If, during the processing of your order, we discover that the products you ordered are not available, you will be notified separately via email or a message in your customer account. The purchaser's statutory rights remain unaffected.

(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the delivery time was announced to the customer with a reasonable period of time, the customer shall bear the costs for the unsuccessful delivery.

(4) Delivery will be made according to the customer's payment method. In the case of advance payment, delivery will be made after the payment order has been issued to the transferring bank. In the case of payment via PayPal, credit card, gift card, direct debit, instant bank transfer, or invoice, delivery will be made after the contract has been concluded.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contracting party is Tropimarkt UG (limited liability) Sole proprietorship. Notwithstanding your right of withdrawal, you may cancel your order for a product at any time free of charge before the corresponding shipping confirmation is sent.

§ 5 payment

(1) The purchaser may pay for the goods using the following payment methods:

- Paypal

- Credit card

- Gift card

- Instant bank transfer

(2) Certain payment methods may be excluded by the provider in individual cases.

(3) The purchaser is not permitted to pay for the goods by sending cash or checks.

(4) If the customer chooses an online payment method, the customer hereby authorises the provider to collect the amounts due at the time of the order.

(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receiving the order. The provider will reserve the goods accordingly for five calendar days.

(6) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.

(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a SEPA basic mandate. If a payment transaction is reversed due to insufficient funds or incorrectly transmitted bank details, the customer shall bear the associated costs.

(8) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of any discount.

(9) Should the customer default on payment, the provider reserves the right to claim damages caused by the delay.

§ 6 Set-off and right of retention

(1) The customer shall only be entitled to set off claims if the customer’s counterclaim has been legally established or has not been disputed by the provider.

(2) The customer may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 7 Retention of title

Tropimarkt UG (limited liability) Sole proprietorship reserves ownership of the goods until full payment has been made.

§ 8 Transport damage

If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. In such a case, please refuse acceptance and file a damage report directly with the carrier. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.

§ 9 Defect law

(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered item of purchase shall be governed by the statutory provisions: Accordingly, purchasers in the European Union have, in addition to their 30-day return guarantee, warranty rights for a period of two years from the delivery of the goods and can request the repair or replacement of the Tropimarkt You may request a refund or a reduction in the purchase price if the goods prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or a reduction in the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the purchaser is not a consumer, the defect shall be remedied by new delivery or new performance.

(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply unless claims for damages and reimbursement of expenses are asserted that relate to damages related to bodily injury or health or to damages caused by intent or gross negligence.

§ 10 Limitation of Liability (Products)

(1) The provider is liable for claims for damages by the customer resulting from injury to life, body or health or from the breach of essential contractual obligations, as well as for other damages resulting from intentional or grossly negligent breach of duty by the provider or one of its legal representatives or vicarious agents.

(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the contract.

(3) The provider is liable for breaches of essential contractual obligations resulting from typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, body, or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) To the extent that the liability of Tropimarkt is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§ 11 Cancellation policy

(1) If the purchaser is a consumer, he shall have a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of one good in several partial shipments or pieces), without giving any reason.

To exercise your right of withdrawal, you must:

Tropimarkt UG (limited liability)

Levetzowstrasse 13
10555 Berlin

E-mail: contact@tropimarkt.com

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the sample withdrawal form on our website or send us another clear statement. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g., by email).

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period and that you have returned the goods via our online returns center within the period defined below.

For additional information regarding the scope, content and explanations of how to exercise the offer, please contact our customer service.

(3) Consequences of revocation

If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods promptly and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract to

Tropimarkt UG (limited liability)

Levetzowstrasse 13
10555 Berlin

You must return or hand over the goods. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods.

(4) Exceptions to the right of withdrawal

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The right of withdrawal does not exist or expires for the following contracts:

• for the supply of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;

• for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;

• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs

• for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;

• for services, if Tropimarkt has provided this in full and you have acknowledged and expressly agreed before ordering that we can start providing the service and that you lose your right of withdrawal once the contract has been fully fulfilled;

• for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and

• for the supply of alcoholic beverages, the price of which was agreed upon when the purchase contract was concluded, but which cannot be delivered until after 30 days and whose current value depends on fluctuations in the market over which the trader has no influence.

§ 12 Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts

• for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

• for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;

(2) The right of withdrawal expires prematurely for contracts

• for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;

• for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;

• for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

§ 13 Data protection

(1) If personal data (e.g., name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to share any data with third parties unless you have given your prior consent.

(2) We point out that the transmission of data over the Internet (e.g., via email) may be subject to security gaps. Therefore, error-free and uninterrupted protection of third-party data cannot be fully guaranteed. Our liability in this regard is excluded.

(3) Third parties are not entitled to use contact data for commercial activities unless the provider has given the data subjects prior written consent.

(4) You have the right at any time to withdraw your consent Tropimarkt to receive complete and free information about the data concerning you.

(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.

(6) Further information on data protection can be found in the separate privacy policy.

§ 14 Cookies

(1) We may use cookies to display our product offerings. Cookies are small text files that are stored locally in the cache of the website visitor's internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to associate the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

(3) Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system; these are usually so-called session-related cookies.Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system the next time you visit (so-called persistent cookies).

(5) You can object to the storage of cookies. A banner is available for this purpose which you can object to/accept.

(6) Of course, you can set your browser so that no cookies are stored on your hard drive or so that cookies that have already been stored are deleted. Instructions on how to prevent or delete cookies can be found in the help function of your browser or software manufacturer.

§ 15 Final provisions

(1) The contract language is German.

(2) We do not offer any products or services for purchase by minors. Our children's products can only be purchased by adults. If you are under 18, you may not Tropimarkt only with the assistance of a parent or guardian.

(3) If you breach these Terms and Conditions and we do not take action, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, rules, and terms, including these Terms and Conditions, at any time. Your order will be subject to the terms of sale, contractual terms, and terms and conditions in effect at the time you place your order, unless a change to these terms and conditions is required by law or government order (in which case, they will also apply to orders you have previously placed). If any provision of these Terms and Conditions is invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

(5) The invalidity of any provision shall not affect the validity of the remaining provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.