Terms & Conditions

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

For entrepreneurs, these terms and conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

The purchase contract is concluded with Mahadev Foods GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

The language available for concluding the contract is English.

We save the contract text and send you the order data and our general terms and conditions by email. You can view the contract text in our customer login.

In addition to the stated product prices, there are also shipping costs. You can find out more about the shipping costs in the offers.

We only deliver by post. Unfortunately, it is not possible to collect the goods yourself.

We do not deliver to packing stations.

In our shop, the following payment methods are generally available:

When you place your order, you also send us your credit card details.
After you have been identified as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and your card is charged.

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen PayPal as the payment method, you must be registered there in order to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after the payment instruction has been confirmed. You will receive further information during the ordering process.

If you have chosen credit card as the payment method, you do not have to be registered with PayPal in order to pay the invoice amount. The payment transaction will be carried out immediately after the payment order has been confirmed and after you have been identified as the legitimate cardholder, by your credit card company at the request of PayPal and your card will be charged. You will receive further information during the ordering process.

If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment order, PayPal will request its bank to initiate the payment transaction. The payment transaction will be carried out and your account will be charged. You will receive further information during the ordering process.

If you have chosen the invoice payment method, you do not need to be registered with PayPal in order to pay the invoice amount. After successful address and credit checks and placing the order, we assign our claim to PayPal . In this case, you can only pay to PayPal with debt-discharging effect. For payment processing via PayPal, the terms and conditions and the privacy policy of PayPal apply - in addition to our terms and conditions. You can find further information and the complete terms and conditions of PayPal for purchase on account here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the freight carrier or the transport insurance.

The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. For merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to make the notification as stipulated there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

Unless expressly agreed otherwise below, the statutory liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse under Section 478 of the German Civil Code remain unaffected. For entrepreneurs, only our own information and the manufacturer's product descriptions that were included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a warranty to entrepreneurs, at our discretion, by removing the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and deceit
• in the event of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed
• insofar as the scope of application of the Product Liability Act is opened up.

Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.

Customer service: info@samosafactory.de

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

If your order includes goods whose sale is subject to age restrictions, we use a reliable procedure that includes a personal identity and age check to ensure that the purchaser has reached the required minimum age. The deliverer will only hand over the goods after the age check has been carried out and only to the purchaser personally.

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.

General Terms and Conditions created with the Trusted Shops Legal texter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.