General Terms and Conditions (GTC) and Consumer Information
General Terms and Conditions and Consumer Information in the context of purchase contracts concluded via the online shop between Gastro-Team Albiez GmbH - hereinafter "Seller" - and the customer - hereinafter "Customer".
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements which take precedence over these GTC, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is objected to.
(2) The customer is a consumer insofar as he concludes the contract for purposes which can predominantly be attributed neither to his commercial nor to his self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with:
Gastro-Team Albiez GmbH
Notschrei Passhöhe 2
(2) The essential characteristics of the goods result from the respective product description posted by the seller.
(3) All offers in the seller's online shop are merely a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the Seller has received the Customer's order, the Customer will first be sent a confirmation of the order placed with the Seller, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether it accepts the order (order confirmation). The ordering process in the Seller's online shop works as follows:
(4) The Customer can select products from the Seller's range and collect them in a so-called shopping basket by clicking the "Add to basket" button. By clicking on the "Shopping Basket" button, the customer receives an overview of the selected products. By clicking on the button "Buy now" he makes a binding request to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the entered order and the entered data at any time by using the browser functions "Back" and "Next" shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "Accept GTC" and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgement of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the application. The contract is only concluded when the seller issues the declaration of acceptance, which is sent by a separate e-mail.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
1) The subject matter of the contract are the goods and services specified by the customer in the order and the order confirmation at the final prices stated in the online shop. Errors and mistakes there are reserved, in particular with regard to the availability of goods.
(2) The quality of the ordered goods is determined by the product descriptions in the online shop. Images on the website may only represent the products inaccurately; colours in particular may differ considerably for technical reasons. Pictures serve only as illustrative material and may deviate from the product. Technical data, weight, measurement and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller shall also be entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
§ 4 Delivery, Prices, Shipping Costs
(1) Delivery to the shipping company shall take place no later than two days after receipt of the money, in the case of payment by cash on delivery no later than two days after confirmation of the order. The delivery time is up to five days. The Seller shall indicate any deviating delivery times on the respective product page.
(2) Delivery only takes place within the EU.
(3) All item prices include the statutory value added tax. The stated prices are retail prices plus shipping costs. The customer will receive an invoice with VAT shown.
§ 5 Payment
Payment shall be made in advance (PayPal, bank transfer) or cash on delivery.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these defects immediately to the delivery agent and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer's statutory warranty rights, but helps the seller to be able to assert his own claims against the carrier or the transport insurance.
§ 7 Warranty for material defects
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A warranty only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective item.
(3) Complaints and claims for defects can be submitted to the address stated in the supplier's identification.
The delivered goods remain the property of the seller until full payment has been made.
§ 9 Liability
The statutory provisions shall apply.
§ 10 Contract text
The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time in his customer account. The order data and the General Terms and Conditions shall be sent to the customer by e-mail. After completion of the order, the order data are no longer accessible via the Internet for security reasons.
§ 11 Final provisions
(1) The contractual language is German.
(2) The law of the Federal Republic of Germany shall apply to contracts between the seller and the customers to the exclusion of the laws on the international purchase of movable goods. This choice of law shall apply to consumers only to the extent that the protection granted to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller shall be the seller's registered office. This shall also apply if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought.
Source: Rechtsanwalt Metzler - Lawyer for Competition Law, Trademark Law and Copyright Law