Terms of Service

Preamble

The contractual relationships between Gastroland24 (hereinafter Gastroland24) and the customer are regulated by the following general terms and conditions. Gastroland24 sells catering supplies to commercial customers.

1. General

1.1 All deliveries and services are carried out exclusively on the basis of these terms and conditions. These are part of all contracts that Gastroland24 concludes with customers. They also apply to all future contracts with customers, even if they have not been agreed separately again.

1.2 Terms and conditions of the customers or third parties do not apply, even if Gastroland24 does not separately contradict their validity in individual cases.

1.3 By registering, the customer assures that he is an entrepreneur i.S. d. § 14 BGB and the European legal regulations and uses the goods exclusively for business purposes.

1.4 Gastroland24 reserves the right to change these General Terms and Conditions in the event of unforeseeable changes that Gastroland24 has not initiated and which Gastroland24 has no influence on and which disrupted the equivalence relationship existing at the time the contract was concluded to a not insignificant extent, insofar as this is reasonable for the customer. The customers will be informed immediately about the changes. The changed terms and conditions will be sent to the customer, highlighting the changed passages. This can also be done by email. If the customer does not object to the amended terms and conditions within six weeks of being notified, these shall be deemed to have been approved and will also apply to existing contracts. The customer will be specifically informed of this when the change is notified.

 

2. Offer and conclusion of contract

2.1 All offers from Gastroland24 are subject to change and non-binding, unless they are expressly marked as binding. They are merely an invitation to the customer to submit an offer to Gastroland24. Information from Gastroland24 on dimensions, weights, technical data, etc., as well as representations and images, especially on the Gastroland24 website or in catalogs, are also non-binding unless they can be used for the contractually agreed purpose. They do not represent a guarantee of quality, but merely serve for description or identification.

Customary deviations and those that are based on legal regulations or represent technical improvements are permissible as long as they do not impair usability for the contractually agreed purpose and are reasonable for the customer. The same applies to the replacement of components with at least technically equivalent ones.

2.2 Der Vertrag kommt folgendermaßen zu Stande: Der auf der Website dargestellte Warenkatalog stellt kein Angebot im juristischen Sinne dar. Mit der Bestellung erklärt der Kunde verbindlich sein Vertragsangebot. Eingabefehler können vor Absenden der Bestellung mittels der üblichen Tastatur- und Mausfunktionen berichtigt werden. Mit Mausklick auf den Bestellbutton unterbreitet der Kunde ein verbindliches Kaufangebot. Nach Eingang des Angebots des Kunden bei Gastroland24 erhält der Kunde eine automatisch generierte E-Mail, die den Eingang der Bestellung deren Einzelheiten aufführt. Diese Bestätigung stellt keine Annahme des Angebots durch den Verkäufer dar. Eine Bestellung des Kunden wird ausdrücklich durch Übersendung einer entsprechenden Auftragsbestätigung oder konkludent durch Ausführung der Lieferung oder Leistung angenommen.

2.3 Gastroland24 retains ownership or copyright to all offers and cost estimates submitted as well as other documents made available to the customer, unless transfer of ownership or transfer of corresponding rights has been agreed. The customer may not make these documents available to third parties, reproduce or disclose them, or use them himself or through third parties without the consent of Gastroland24. The customer is obliged to return these documents to Gastroland24 upon request and to destroy copies made if they are no longer required in the context of the business relationship.

2.4 We do not save the text of the contract.

 

3. Prices and Payment

3.1 All prices are in EUR ex works plus packaging, the statutory sales tax, for export deliveries plus customs as well as fees and other public charges. The shipping costs can be found in the shipping costs table in the shipping and delivery conditions.

3.2 If the delivery date is more than four months after the conclusion of the contract, Gastroland24 is entitled to increase the prices appropriately and to adapt the prices to changed price bases (material, wages, etc.). The prices valid on the day of delivery then apply.

3.3 Payment can be made either in advance, credit card, paydirekt, or giropay.

3.4 If you choose the payment method in advance, we will give you our bank details in the order confirmation or afterwards. The invoice amount must be transferred to our account within 5 days. The debit of your credit card account as well as the direct debit take place with the completion of the order.

 

4. Place of performance, shipping

4.1 Unless the parties determine otherwise, the place of performance for all obligations arising from the contractual relationship is the registered office of Gastroland24.

4.2 The type of dispatch and the packaging are subject to the dutiful discretion of Gastroland24.

4.3 When the delivery item is handed over to the freight forwarder, carrier or any other third party appointed to carry out the shipment, the risk is transferred to the customer. This also applies if partial deliveries are made or the seller has taken on other services (e.g. installation). If the dispatch is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer at the time when Gastroland24 is ready for dispatch and has notified the customer of this.

4.4 Storage costs after the transfer of risk are borne by the customer. If the storage is carried out by Gastroland24, the storage costs amount to 0.25% of the invoice amount of the delivery items to be stored per week. The right to assert and provide evidence of additional or lower storage costs is reserved.

 

5. Delivery

5.1 Deliveries are made ex works (EXW) in accordance with Incoterms 2010. It is expressly agreed that the delivery will be carried out by a transport company selected and commissioned by the seller. It is expressly agreed that the transport company only delivers to the curb.

5.2 Irrespective of its rights in the event of default by the customer, Gastroland24 can request an extension of the delivery and service deadlines by the period in which the customer does not meet his contractual obligations.

5.3 Gastroland24 is not liable for the impossibility of delivery or service or for delays in delivery, insofar as these are caused by force majeure or other events not foreseeable at the time of the conclusion of the contract for which Gastroland24 is not responsible. If such events make the delivery or service significantly more difficult for Gastroland24 or make it impossible and the hindrance is not only of temporary duration, Gastroland24 is entitled to withdraw from the contract.

In the case of hindrances of only temporary duration, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period.

5.4 If the customer cannot be expected to accept the delivery or service due to the delay, he can withdraw from the contract by means of an immediate written declaration to Gastroland24.

5.5 Gastroland24 is entitled to make partial deliveries, provided the customer does not incur any significant additional work and / or additional costs, the partial delivery can be used by the customer within the scope of the contractual intended purpose and the delivery of the remaining goods ordered is assured.

5.6 The customer is obliged to have any recognizable transport damage certified by the transport company immediately upon receipt in order to assert claims for compensation against the transport company. Gastroland24 endeavors to assist the customer in handling transport damage. Damage that is not externally visible must be reported to the carrier by telephone and in writing as soon as they are known. The customer is solely responsible for meeting the deadline and handling the transport damage. As the recipient, the customer is entitled to assert claims against the transport company from the freight contract in accordance with Section 421 of the German Commercial Code (HGB) in his own name.

 

6. Warranty

6.1 The warranty period is one year from delivery.

6.2 According to Section 377 of the German Commercial Code (HGB), the delivered items must be carefully examined immediately after delivery to the customer or to a third party appointed by him. They are deemed to have been approved if Gastroland24 does not submit a notice of defects with regard to obvious or other defects that were recognizable during an immediate and careful examination, immediately after delivery of the delivery item or otherwise immediately after the defect was discovered or the point in time at which the customer received the defect normal use of the delivery item was recognizable without closer examination, has been received in text form.

6.3 At the request of Gastroland24, the object of the complaint must be returned carriage paid. If the complaint is justified, Gastroland24 will reimburse the cost of the cheapest shipping route. This does not apply if the costs increase because the item is at a location other than the place of intended use.

6.4 In the event of material defects, Gastroland24 is initially obliged and entitled to subsequent performance, at its option, to repair or replacement. Subsequent performance is deemed to have failed after the second unsuccessful attempt. In the event of failure, impossibility, unreasonableness, refusal or unreasonable delay in repair or replacement, the customer can withdraw from the contract or reduce the purchase price appropriately. If an inspection of the goods carried out within the scope of the notification of defects reveals that the notification of defects was wrongly made, we are entitled to charge a customary remuneration for the inspection of the goods as well as the costs for shipping.

6.5 The warranty claim does not apply if the customer changes the object of purchase or has it changed by third parties without the express consent of Gastroland24 and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the customer has to bear the additional costs of remedying the defects resulting from the changes.

6.6 Any necessary connection to the supply lines (electricity, water, steam, waste water, hot water, gas, etc.) is to be arranged by the buyer at his own expense and may only be carried out by licensed local electricians or installers. If a defect is due to improper installation, the warranty claim against Gastroland24 is void.

6.7 The delivery of used items takes place under the exclusion of any warranty.

6.8 If the manufacturer of the delivery item grants a longer warranty period or a guarantee, we assign our rights from this to the purchaser / buyer at the time of purchase.

6.9 As for the rest, section 7 of this contract applies.

 

7. Liability

7.1 Liability for damage to legal interests other than life, body or health is excluded, unless the damage is based on willful or grossly negligent behavior on the part of Gastroland24, one of its legal representatives or one of its vicarious agents, and neither is the behavior Violation of essential contractual obligations. Essential contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user can regularly rely.

7.2 In any case, the user is also obliged to limit the damage. This includes the timely notification of damage as part of further damage minimization.

7.3 If Gastroland24 is liable for the loss of data that the customer has stored on the website, then Gastroland24 is only liable insofar as the customer has taken all necessary and reasonable data backup precautions and has ensured that the data from data material is in machine-readable form is kept ready, can be reconstructed with reasonable effort.

7.4 The aforementioned exclusions of liability and limitations also do not apply in the event of express guarantees being assumed by Gastroland24 or in the event of claims due to missing guaranteed properties or claims from the Product Liability Act.

 

8. Retention of title

8.1 The goods delivered by Gastroland24 to the customer remain the property of Gastroland24 until all secured claims have been paid in full. The goods as well as the goods that take their place under this clause and are subject to retention of title are hereinafter referred to as goods subject to retention of title.

8.2 The customer keeps the reserved goods free of charge for Gastroland24.

8.3 The customer is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the realization event occurs. Pledges and transfers by way of security are not permitted.

8.4 If the reserved goods are processed by the customer, the processing takes place in the name and for the account of Gastroland24 and Gastroland24 directly acquires ownership or - if the processing is made of materials from several owners or the value of the processed item is higher than the value of the reserved goods - that Acquires co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership occurs at Gastroland24, the customer already now transfers his future ownership or - in the above-mentioned ratio - co-ownership of the newly created item to Gastroland24 as security. If the goods subject to retention of title are combined with other items to form a single item or are inseparably mixed and one of the other items is to be regarded as the main item, Gastroland24, if the main item belongs to it, transfers to the customer proportional co-ownership of the unitary item in the ratio specified in sentence 1 .

8.5 In the event of the resale of the goods subject to retention of title, the customer hereby assigns the resulting claim against the purchaser as a precaution - in the case of joint ownership of the goods subject to retention of title by Gastroland24 in proportion to the joint ownership share - to Gastroland24. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims from tort in the event of loss or destruction. Gastroland24 revocably authorizes the customer to collect the claims assigned to Gastroland24 in his own name for the account of Gastroland24. Gastroland24 may only revoke this direct debit authorization in the event of realization.

8.6 If third parties access the reserved goods, in particular through seizure, the customer will immediately inform them of the property of Gastroland24 and inform Gastroland24 of this in order to enable them to enforce their property rights. If the third party is unable to reimburse Gastroland24 for the judicial or extrajudicial costs incurred in this connection, the customer is liable to Gastroland24 for this.

8.7 Gastroland24 will release the goods subject to retention of title as well as the items or claims replacing them upon request at its discretion, insofar as their value exceeds the amount of the secured claims by more than 10%.

8.8 If Gastroland24 withdraws from the contract in the event of behavior by the customer contrary to the contract - in particular default in payment - (liquidation event), Gastroland24 is entitled to demand the return of the reserved goods.

 

9. Claims for damages

9.1 If Gastroland24 expressly consents to the cancellation of a binding order, the customer must pay 30% of the order amount, even if we do not expressly repeat this when canceling. The same applies if the customer does not fulfill the contract and in the event of withdrawal. If the delivery item has already been delivered, the lump sum increases by the costs of transport and the costs of reconditioning. The assertion of higher damages is not excluded. The customer is entitled to prove that we suffered less damage.

 

10. Final provisions

10.1 The legal relationships between the customer and Gastroland24 are exclusively subject to the law of the Federal Republic of Germany, excluding the provisions of the UN sales law. In addition, the Incoterms 2012 of the Paris International Chamber of Commerce apply.

10.2 Gastroland24 may name the customer as a reference customer after the contract has been concluded. Gastroland24 has the right to use the customer name as a reference for advertising purposes. This also applies to advertising on the Internet. Press releases also require the consent of the text.

10.3 Place of performance and exclusive place of jurisdiction for all disputes arising from the business relationship between Gastroland24 and the customer is Dortmund.

10.4 Should individual provisions of these terms and conditions be or become ineffective, the effectiveness of the remaining terms and conditions will not be affected.

 

Status: July 1st, 2017