Copy of Terms

 

 

General Terms and Conditions of S.P.Q.R. GmbH

1. General

  1. These terms and conditions apply to all contracts, deliveries, and other services provided by S.P.Q.R. GmbH, Thurn-und-Taxis-Platz 6, 60313 Frankfurt am Main (hereinafter referred to as the "Seller") to its customers in relation to the sale of goods via the online store at www.amuninni.com, as well as all subdomains belonging to the domain. Deviating provisions of the customers do not apply unless the Seller has expressly confirmed this in writing. For better readability, the word "customer" refers to male, female, and diverse groups of people as well as companies.

  2. The business relationships between the Seller and the Customers are subject to the laws of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn. The validity of UN sales law is excluded.

  3. Agreements made with the customer in individual cases (including collateral agreements, supplements, and amendments) shall in any case take precedence over these terms and conditions.

  4. The contract language is German. The authoritative text is the one written in German. Texts in other languages are for information purposes only.

  5. In the online shop, the customer can view and print out the order overview and the General Terms and Conditions. Otherwise, the contract text is stored by the seller in the online shop after conclusion of the contract, but is not accessible to the customer.

  6. The place of jurisdiction is Frankfurt am Main if the customer is a merchant, a legal entity under public law, or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is brought.

  7. Duty to provide information in accordance with the Consumer Dispute Resolution Act (§ 36 VSBG): The seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.

2. Contract content and conclusion of contract

  1. The seller offers its customers various food products, in particular dried pasta and ready-made sauces, for sale in its online shop www.amuninni.com. The seller's offers are directed exclusively at customers in the EU and the United Kingdom.

  2. Unless otherwise specified in the following paragraph, the purchase contract in the online shop is concluded when the seller accepts the customer's order. Price labels in the online shop do not constitute an offer in the legal sense. Before placing a binding order by clicking on the "order with obligation to pay" button, the customer can correct all entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is submitted and can also be corrected there using the usual keyboard and mouse functions or, if applicable, touchscreen functions. The seller is entitled to accept the offer contained in the order within 2 working days by sending an order confirmation. The receipt and acceptance of the order will be confirmed to the customer by email.

  3. Notwithstanding the preceding paragraph, the purchase contract in the online shop is concluded as follows:
    1. If the customer has chosen the payment method "purchase on account" via "KLARNA," the purchase contract is concluded at the point in time at which the seller has assigned its claim for payment of the purchase price to KLARNA.
    2. If the customer has chosen the payment method "ApplePay," the purchase contract is concluded at the time the payment method stored with ApplePay is charged.

    3. If the customer has chosen the payment method "credit card," the contract is concluded at the time the credit card is charged.

    4. If the customer has chosen the payment method "Sofortüberweisung," the purchase contract is concluded at the time the payment order is confirmed to SOFORT GmbH.

  4. With the notification of the conclusion of the contract, the customer receives the contract text and these General Terms and Conditions, as well as the cancellation policy.

  5. A customer also has the option of inquiring about a specific item by telephone, email, fax, or letter to the seller. Upon receipt of such an inquiry, the seller will submit a separate offer to the customer by email, letter, or fax. A contract is only concluded when the customer accepts this offer.

3. Prices, sales tax, and payment

  1. The agreed prices apply. All prices include statutory sales tax. Prices do not include shipping and packaging costs, which will be communicated to the customer before the order or offer is placed. The amount of shipping costs depends on the weight and dimensions of the goods, the type of goods (dangerous goods), the desired destination, and the order value. An overview of shipping costs is available in the online shop.

  2. The seller will deliver to the customer against advance payment (ApplePay, Google Pay, KLARNA, credit card, PayPal, instant transfer).

  3. If the customer has chosen the payment method "KLARNA" via "KLARNA", payment processing is carried out via the payment service Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, in accordance with the terms of use https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0. The seller assigns its claim against the customer to KLARNA.

  4. If the customer has chosen the payment method "ApplePay", payment will be processed via the payment service Apple Distribution International, a company under Irish law with its registered office in Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, subject to the terms of use https://www.apple.com/de/legal/internet-services/terms/site.html. If the customer selects ApplePay as the payment method, the purchase contract is concluded at the time the payment method stored with ApplePay is debited.

  5. If the customer has chosen the payment method "Google Pay", payment will be processed via the payment service Google Ireland Ltd. Gordon House, Barrow Street, Dublin 4, Ireland (Google). In order to pay, the customer must be registered with Google, have activated the Google Pay function, authenticate themselves with their access data and confirm the payment instruction.  The payment transaction is carried out immediately after the order is placed. The customer will receive further information during the ordering process.

  6. PayPal, PayPal Express

    To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

    PayPal may offer registered PayPal customers selected according to its own criteria additional payment options in their customer account. However, we have no influence on the offering of these options; additional individually offered payment options affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.

  7. With the "Sofortüberweisung" payment method, the customer can use the payment method of SOFORT GmbH, Theresienhöhe 12, 80339 Munich, if they have an activated online banking account with PIN/TAN procedure and the customer's bank offers the option of using "Sofortüberweisung". The customer logs in to make the payment using their usual online banking access data and transfers the invoice amount immediately and directly to the seller using the TAN procedure specified by their bank.

  8. If a customer defaults on their payment obligations, the seller may claim damages in accordance with the statutory provisions.

  9. The seller always issues the customer with an invoice, which is sent to them in text form after the order has been placed. 

4. Delivery and transfer of risk

  1. Unless otherwise agreed in the contract, the ordered goods will be delivered to the address specified by the customer. Delivery will only be made within the countries specified in these terms and conditions, from the seller's warehouse.

  2. The availability of individual goods is specified in the item descriptions. Unless otherwise stated in the item description, the delivery period for goods in stock is 3 to 5 business days within Germany and 3 to 8 calendar days after receipt of payment within the EU, as well as 14 to 21 calendar days for delivery outside the EU.

  3. The seller reserves the right to withdraw from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of self-supply shall only apply if the seller is not responsible for the failure to deliver. The seller is not responsible for the failure to perform if a so-called congruent covering transaction was concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the seller will inform the customer of this circumstance immediately and refund any purchase price and shipping costs already paid.

  4. The seller reserves the right to make partial deliveries if this appears advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the customer. The customer will not be charged for any additional costs incurred as a result of partial deliveries.

  5. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon delivery. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier, or any other person designated to carry out the shipment.

5. Retention of title, rights of retention

  1. The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, this also applies beyond the current business relationship until all claims to which the seller is entitled in connection with the contract have been settled.

  2. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by the seller. In the event of defects in the delivery, the customer's counterclaims shall remain unaffected, in particular their right to retain a portion of the purchase price commensurate with the defect. In addition, the customer shall be entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

6. Warranty and liability

  1. The seller shall be liable for material defects and defects of title in accordance with the statutory provisions. 

  2. Outside of liability for material defects and defects of title, the seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. The seller shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for this type of contract. The seller shall not be liable for the slightly negligent breach of obligations other than those mentioned above.

  3. The limitations of liability in the preceding paragraph shall not apply in the event of injury to life, limb, or health, for a defect after assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.

  4. If the Seller's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives, and vicarious agents.

7. Limitation period

  1. If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code) and the contract to which these GTC apply is not followed by a purchase of consumer goods within the meaning of § 474 BGB in the supply chain, the general limitation period for claims arising from material defects and defects of title is one year from delivery.

  2. The above limitation period under sales law also applies to contractual and non-contractual claims for damages by the customer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. Claims for damages by the customer in accordance with Section 6 (2) and (3) of these terms and conditions shall become time-barred exclusively in accordance with the statutory limitation periods.

8. Please note in the event of transport damage

  1. If goods are delivered with obvious damage to the packaging or contents, the customer shall, without prejudice to their warranty rights, immediately complain to the carrier/freight service and contact the seller without delay by email or other means (fax/post) so that the seller can assert any rights against the carrier/freight service.

  2. The customer shall report hidden defects to the seller immediately after discovery, also without prejudice to any warranty rights, so that any warranty claims against third parties can be preserved.

9. Data protection

  1. The seller collects, processes, and uses personal data in accordance with its privacy policy and the statutory provisions.

As of: September 19, 2025