Terms and Conditions

Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you conclude with us as the provider (Delicando GmbH) via the website https://www.delicando.com/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Accessibility
(1) In accordance with § 14 para. 1 no. 2 in conjunction with Annex 3 no. 1 BFSG, we inform you how our internet presence or our electronic commerce service meets the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g., "Accessibility Statement" or similar designation) on our website and includes, in particular, the following points:

- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- descriptions and explanations necessary to understand the provision of the service;
- a description of how the service meets the relevant accessibility requirements. (2) The contact details of the competent market surveillance authority are as follows:

Market Surveillance Body of the Federal States for the Accessibility of Products and Services - Public Law Institution (MLBF AöR) Carl-Miller-Str. 6 39112 Magdeburg Telephone: +49 391 567 6970 Email: kontakt@mlbf-barrierefrei.de
(3) We may use Artificial Intelligence (AI) and special tools to implement accessibility requirements on our website. This is intended to address a variety of possible disabilities, including visual, auditory, physical, linguistic, cognitive, and neurological limitations. Further details can be found under the separately and appropriately labeled button on our website mentioned in para. 1.
(4) Our internet presence or our electronic commerce service is accessible if it can be found, accessed, and used by people with disabilities in the generally customary way, without particular difficulty, and generally without external assistance.
(5) Measures for implementing accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easily readable and understandable language, compatibility with all common screen readers, adaptable display options for various devices (smartphones, tablets, desktop computers, etc.).
§ 3 Formation of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection or entry of your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order overview, change it (also via the "back" function of the internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, not prevented by SPAM filters.

§ 4 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:

-
Invoice ("Pay Later"): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice); the terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension).
The Klarna invoice terms for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice); the terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension).

Installment Purchase ("Financing"): Further information on installment purchase, including the General Terms and Conditions and the European Standardized Information on Consumer Credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account); the terms for the "Pay in 3 installments" payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3 (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3).
Further information on installment purchase, including the General Terms and Conditions and the European Standardized Information on Consumer Credit for Austria, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account); the terms for the "Pay in 3 installments" payment option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3 (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3).

- Direct Debit ("Pay Now")

- Credit Card ("Pay Now") The use of payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we transmit your data to Klarna for the purpose of address and credit assessment within the scope of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information on Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user) and https://www.klarna.com/de/ (https://www.klarna.com/de/).


Further information on Klarna and the Klarna Terms of Use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user) and https://www.klarna.com/at/ (https://www.klarna.com/at/).
(2) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered via "PayPal" / "PayPal Checkout", the payment processing will be handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment conditions apply to these, you will be separately informed about them. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies in addition:

a) We reserve title to the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or chattel mortgage is not permitted before the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not duly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 6 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies deviating from the above warranty regulations:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements of the manufacturer.

b) In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement delivery. If the rectification of the defect fails, you may demand a reduction in price or withdraw from the contract, at your option. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction of the period does not apply:

- for damages culpably caused by us from injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to also appeal to the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

§ 8 Youth Protection

(1) When selling goods subject to the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective item description.

(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery who have reached the legally required minimum age receive the goods.

(3) Insofar as we are obliged by law to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally required minimum age and, in case of doubt, to ask the person receiving the goods to show their identity card for age verification.

(4) Insofar as we indicate in the respective item description that you must be at least 18 years old to purchase the goods, exceeding the legally required minimum age, the preceding paragraphs 1-3 apply with the proviso that legal age must be present instead of the legally required minimum age.




II. Customer Information

1. Identity of the Seller

Delicando GmbH
Nöstlstraße 2
A-8160 Weiz
Austria
Phone: +43 3172 32 10-22
Email: office@delicando.com


We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by email, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Modalities

5.1. The prices stated in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.

5.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised.

5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which must be borne by you.

5.4. Money transfer fees (bank transfer or exchange rate fees) incurred in cases where delivery is made to an EU member state but payment was initiated outside the European Union must be borne by you.

5.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6.Delivery Conditions

6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment transfers to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Warranty Rights

The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These GTC and customer information were created by the IT law specialists of Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

Last updated: 17.02.2026