owner: René Bruder (registered merchant), Diesingweg 33, 45894 Gelsenkirchen
GastroPlus24, owner: René Bruder (registered merchant), Diesingweg 33, 45894 Gelsenkirchen, phone: +49 209 977 68 140, fax: +49 209 977 68 166, e-mail: [email protected], webshop www.gastroplus24.de, VAT indentification number: DE215714846.
The company GastroPlus24 only concludes contracts with entrepreneurs and supplies entrepreneurs exclusively according to § 14 BGB. A distribution to consumers according to § 13 BGB is not carried out by the company GastroPlus24.
The following general terms and conditions are therefore exclusively addressed to
customers and thus to entrepreneurs who are in business contact with the company GastroPlus24.
The following general terms and conditions are explicitly not directed at consumers. No contracts are concluded with consumers.
Within the framework of the order process, the user of the webshop is obligated to confirm and agree that, as an entrepreneur and within the framework of his entrepreneurial status, he wishes conclusion of a corresponding contract with the company GastroPlus24.
§1 General, Scope
(1) These general terms and conditions apply to all our business releations with our customers (following also: „buyer“). GastroPlus24 sells catering supplies exclusively to commercial customers.
(1.1) The customer injures by his registration that he is entrepreneur in the sense of § 14 BGB (civil code) and European law and the goods are exlusively for entrepreneurial uses/commercial purposes.
(2) All prices are net plus value added tax.
(3) These general terms and conditions apply in particular to contracts for the sale and/or delivery of moving things (following also „goods“), regardless of whether we manufacture the goods ourselfs or buy them from suppliers (§§ 433, 651 BGB). The general terms and conditions apply in their respective version as a framework agreement for future contracts for the sale and/or delivery of movable goods with the same buyer, without us having to refer in each indivudal case again.
(4) Our general terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer become part of the contract only insofar as we have expressly agreed to their validity. This approval requirement applies in any case, for example, even if we carry out the delivery to him unconditionally with knowledge of the terms and conditions of the buyer.
(5) In individual cases, individual agreements with the buyer (including
subsidiary agreements, additions and changes) take precedence over these GTC if a written contract or our written confirmation has been made about the content of such agreements.
(6) Legally relevant declarations and advertisements that are to be submitted by the purchaser to us after the conclusion of the contract (e.g. setting of deadlines, notice of defects, declaration of rescission or reduction) must be made in writing in order to be valid.
(7) We point out that the link to the online platform of the European Commission for the out-of-court online dispute resolution (so-called OS platform) is not yet available. We will post the link here as soon as the OS platform is put online.
(8) In accordance with the applicable EU directives, you will find the online dispute resolution platform of the European Commission under the following link.
§ 2 Conclusion of contract
(1) The buyer can select products from our assortment in a so-called shopping cart, which are displayed over the online platform www.gastroplus24.de, via the button „add to cart“, in particular the goods specified there. Via the link "shopping cart" you get to a current list, in which the goods selected by the customer so far are listed. You can also change the number of articles here or completely remove the articles from the shopping cart. Before sending an order, the buyer can change and view the data in the shopping cart (number, etc.) at any time. After changing the number of products or removing one product from the shopping cart please click the button "update". The shopping cart will then be updated according to your wishes. If the buyer has decided to make the purchase, he clicks on the button "checkout". You must first confirm that you are using the webshop as an entrepreneur in practice of a commercial or self-employed professional activity to conclude a legal transaction. Here, the buyer, if he is already a registered customer, with his e-mail address/customer number and the password assigned to him or sign a personal account. The data required for this purpose are queried in a data entry mask and serve merely to identify the contracting party and process the purchase contract. Required here is the indication of the VAT identification number, as proof that the buyer is actually an entrepreneur and / or trader.
(2) After logging in, the buyer can still adjust the billing or delivery address. In a next step, the customer can choose one of the payment methods offered by us. We currently offer the following payment methods:
- Cash on pickup
- BillSafe bill purchase
- immediate transfer
- Cash on delivery
- Amazon Pay
If the payment method "Amazon Payments" is selected, the payment is processed by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg, under the terms of the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the method of payment within the scope of the online order process, he/she also issues a payment order to Amazon by clicking the final order button. In this case, the seller hereby declares acceptance of the customer's offer at the point in time at which the customer initiates the payment transaction by clicking the button which concludes the order process.
When paying by PayPal, a surcharge of 2.2% of the net value of goods will be charged. via sofortueberweisung.de (immediate transfer) incurs additional costs of 0.9%. The surcharges always refer to the net value of your order. After selecting the payment method, the buyer will receive a summary of the object of purchase, the shipping details, the price and the shipping costs in the online shop. Furthermore the customer is again expressly advised of the validity of the general terms and conditions. An order is only possible if the customer confirms in the provided checkboxes that he has taken note of the information belonging to the online shop and also acknowledges the general terms and conditions, which are the basis of this contract.
(3) The customer can submit a binding application to purchase the previously mentioned goods from the shopping cart by clicking on the button "order to pay".
(4) After completing the order, the buyer will be informed directly about the order number assigned to him.
(5) We will automatically send the buyer an acknowledgment of receipt by e-mail in which the order of the buyer is listed again and which the buyer can print out via the function "print". The automatic acknowledgment of receipt merely documents that the order has been received by us and does not constitute acceptance of the request. The contract comes about through the submission of the declaration of acceptance by us, which will be sent separately (order confirmation). In this e-mail/fax (contract confirmation) or in a separate e-mail, but at the latest with delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper print). The text of the contract is saved while maintaining data protection.
§ 3 Term of delivery and delay in delivery
(1) The delivery period is individually agreed or specified by us upon acceptance of the order. If this is not the case, the delivery period is about 1-2 weeks from the conclusion of the contract.
(2) If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (e.g. unavailability of the service), we will inform the buyer immediately and report at the same time the expected new delivery deadline. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part. We will reimburse immediately any consideration already provided by the buyer. We will reimburse immediately for any consideration already provided by the buyer. As a case of unavailability of the service in this sense, especially the non-early self-delivery by our supplier, when completed a congruent covering transaction, neither we nor our suppliers are at fault or in individual cases we are not obliged to procure them.
(3) The occurrence of our delivery delay is determined by the statutory provisions. In any case a reminder from the buyer is required.
(4) The rights of the buyer acc. § 8 of these terms and conditions and our legal rights in particular in the case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the service and/or subsequent performance) remain unaffected.
§ 4 Place of fulfilment, delivery, transfer of risk, acceptance and default of acceptance
(1) The delivery takes place from our warehouse, there is also the place of performance. Our warehouse is the place of performance in the event that the customer picks up the goods himself; If we send the goods to another place of destination at the request and expense of the customer (sale by dispatch), the place of the service provision nevertheless is the location of our warehouse. Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging).
(2) The risk of accidental loss and accidental deterioration of the goods passes with the transfer to the buyer. With the sale by dispatch however the danger of the accidental destruction and accidental deterioration of the goods as well as the risk of delay already upon delivery of the goods passes to the freight forwarder, the carrier or otherwise intended person or institution for the execution of the consignment. Insofar as an acceptance has been agreed, this is decisive for the transfer of risk. Incidentally, the statutory provisions of the contract of employment contract apply to an agreed acceptance. The transfer or acceptance is the same if the buyer is in default of acceptance.
(3) If the purchaser is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the purchaser is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs).
(4) Upon importation into Switzerland, depending on the importing country, additional customs duties are incurred, which must be borne by the buyer.
§ 5 Prices and terms of payment
(1) Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract plus statutory value added tax shall apply.
(2) In the case of a consignment purchase, the buyer bears the transport costs from the warehouse. Transport and all other packaging in accordance with the Packaging Ordinance, we do not take back, they become the property of the buyer; except pallets.
(3) The purchase price is due and payable depending on the selected payment method. We reserve the right to offer customers only the possibility of payment "Paypal", "payment in advance" or "immediate transfer". For this case, we start with the delivery of the goods only if the appropriate payment could be booked with us. Payment is due at the latest 14 days after conclusion of the contract.
(4) With expiry of the above payment period, the buyer is in default. The purchase price is subject to interest during the default at the applicable statutory default interest rate. We reserve the right to assert further damages caused by delay.
(5) The buyer is entitled to set-off or retention rights only insofar as his claim is legally established or undisputed.
(6) If, after the conclusion of the contract, it becomes apparent that our claim to the purchase price is jeopardized by the buyer's inability to perform (eg by filing for insolvency proceedings), we are entitled to withdraw from the contract according to the statutory provisions and - if applicable after the deadline has been set authorized by the contract (§ 321 BGB). In contracts for the production of unacceptable items (custom-made), we can declare the resignation immediately; the statutory provisions on the dispensability of the deadline remain unaffected.
§6 Obligations of the buyer upon receipt of the goods and occurring defects
(1) The buyer is obliged to inspect the goods sold to him immediately upon receipt in accordance with the statutory provisions of §§ 377, 381 HGB. Defects found must be notified by the buyer immediately in writing or by email. If the buyer does not comply with the duty to inspect and to give notice of defects, the seller's liability for this unillustrated defect is excluded.
(2) If the buyer has decided to ship the purchased item to a place other than our distribution warehouse, he is obliged to inspect the packaging of the goods immediately upon delivery by the carrier for damage and reported damage to the packaging to the carrier immediately in writing. If the purchaser detects external damage to the packaging or the goods himself upon acceptance of the goods by the carrier, he may not accept the goods in order to safeguard his own rights. He is obliged to immediately document damage of the packaging and goods upon receipt with appropriate measures. For this, the corresponding damages, e.g. be documented by photos, a video recording and a short written description. If the customer accepts the goods in spite of obvious damage to the packaging and confirms to the carrier that he has received the goods free of defects, then this confirmation also applies as confirmation of the freedom from defects towards the seller.
(3) The buyer is obliged to ensure that the sold goods are used only for proper and intended purposes. The purchaser is obliged to ensure that the purchased goods are installed properly, if possible through a specialist company or by sufficiently qualified personnel, unless they are objects of purchase that are accessible for immediate use (e.g. devices that can be put into operation by connecting them to a commercial socket). Upon request, the buyer is obliged to prove to the seller the proper installation by a specialist company and/or a suitably qualified company. If the customer does not prove this, the warranty for the product is excluded, unless the customer can prove that the resulting defect/error is not based on the faulty installation or the buyer proves that the defect has occurred independently of the installation.
(4) The purchaser is obligated to read the operating manual for all purchased items carefully before commissioning and/or installation and to carry out commissioning and/or installation exclusively in accordance with the manufacturer's instructions.
(5) The buyer is obligated to notify us of any defects in writing as far as possible on the claim form provided by us.
(6) If the buyer complains of a defect, he is obliged to provide us with the goods at the place of performance for inspection.
§ 7 Warranty claims and limitations
(1) Whether a delivered purchase object is deficient, regulates itself according to the legal regulations.
(2) If we have determined that a delivered good/thing is defective, then it is up to us to decide how we provide the remedy. In our sole discretion, we make the choice as to whether the fulfillment will be provided by removal of the defect (rectification) or by delivery of a defect-free item (replacement). Our right to refuse supplementary performance under statutory conditions remains unaffected.
(3) The customer is obliged to provide us with the defective item for inspection and, if necessary, subsequent performance at the place of performance that is our registered office.
(4) In the course of supplementary performance, we are only obliged to put the purchased goods in the condition that they should have at the transfer of risk to the customer.
(5) The buyer must give us in each case a reasonable deadline and appropriate opportunity to check and, if necessary, rectification.
(6) If we choose the subsequent delivery as supplementary performance, the buyer must return the defective item to us.
(7) The supplementary performance includes, as far as it is goods or things that still need to be installed individually or connected to another thing, neither the installation nor the removal of the defective thing nor the disassembly and separation of the objects associated with the thing.
This expressly does not apply if we were previously obliged to install and/or assemble the goods.
(8) If, when investigating the customer's complaint as defective, it becomes apparent that a defect is not actually present, all costs incurred will be borne by the customer.
(9) During the examination of the object of purchase made available to us, the customer has no claim to compensation or the provision of a replacement device.
(10) Chamotte firebricks, bulbs and glass are excluded from warranty.
§ 8 Limitation/warranty time
(1) Notwithstanding § 438 para. 1 no. 3 BGB, the limitation period for claims arising from material and legal defects is one year from the transfer of risk to the customer. Used items are excluded from warranty.
(2) The above limitation periods of the purchase right also apply to contractual and non-contractual claims for damages of the buyer, which are based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead in individual cases to a shorter limitation period. The limitation of the product liability law remain unaffected in any case. Otherwise apply for claims for damages of the buyer acc. § 8 exclusively the statutory limitation periods.
§ 9 Right choice and jurisdiction
(1) For these terms and conditions and all legal relationships between us and the buyer, the law of the Federal Republic of Germany under exclusion of international uniform law, in particular the UN sales law. Conditions and effects of the retention of title acc. § 6 are subject to the law of the respective storage location of the item, as far as the choice of law in favor of German law is inadmissible or ineffective thereafter.
(2) If the buyer is a merchant in the sense of German Commercial Code, a legal entity under public law or a special fund under public law, is the exclusive place of jurisdiction - also international - for all disputes arising directly or indirectly from the contractual relationship at our place of business in Gelsenkirchen. However, we are also entitled to bring an action at the general place of jurisdiction of the buyer.
§ 10 Notes on data processing
(1) We collect data from the buyer as part of the processing of contracts. In particular we observe the regulations of the Federal Data Protection Act and the Telemedia Act. Without the consent of the buyer, we will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use or billing of services.
(2) Without the consent of the buyer, we will not use customer data for advertising or opinion research purposes.
(3) The buyer has at any time the opportunity to retrieve the data stored by him via the button "My Account" in his profile, to change or delete. However, the deletion is only possible in so far as we no longer have to keep the data for the execution of a contract or due to legal regulations.