Unsere AGB

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Gastro Brennecke GmbH & Co. KG) via the website gastro-brennecke.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 independent professional or commercial activity.

§ 2 Formation of the contract

(1) Subject of the contract is the sale of goods .

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling the page "Checkout" and entering the personal data and the payment and shipping terms, the order data is finally displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.

Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications on file formats, if any, shall be observed.
 
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
 
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.

§ 4 Special agreements on payment methods offered

(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

• Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.

For more information and Klarna's terms of use, click here. General information about Klarna can be found here. Your personal information will be handled by Klarna in accordance with the applicable data protection regulations and as stated in Klarna's privacy policy.

You can find more information about Klarna here. You can find the Klarna App here.

§ 5 Right of retention, Retention of title

(1) You can exercise a right of retention only insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

(3)  If you are an entrepreneur, the following shall apply in addition:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 6 Warranty

(1) The statutory warranty rights shall apply.

(2) If you are informed by us prior to the submission of the contractual declaration in  and this has been expressly and separately agreed, the claims for defects are excluded for used goods if the defect only becomes apparent after the expiry of one year from the delivery of the goods. If the defect becomes apparent within one year from delivery of the goods, the claims for defects may be asserted within the statutory limitation period of two years from delivery of the goods. The above limitation shall not apply

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a)  Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall provide warranty at our discretion by rectifying the defect or making a subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c)  The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply

- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used in accordance with their customary use for a building and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 7 Choice of law, place of performance, place of jurisdiction

(1)  German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).

(2)  The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction shall remain unaffected by this.

(3)  The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. customer information

1. Identity of the seller

Gastro Brennecke GmbH & Co KG
Am Hafen 3
16269 Wriezen
Germany
Phone: 033456/2733
E-mail: kontakt@gastro-brennecke.de


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract language, storage of contract text

3.1. contract language is german .

3.2. the complete contract text is not stored by us. Before sending the order via the online shopping cart system  the contract data can be printed out via the print function of the browser or saved electronically. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail. 3.

3.3. in the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form sent, for example, by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential features of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. the prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 2.

5.2. the incurred shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free delivery is promised.

5.3. Costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union. 4.

5.4. the payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 5.

5.5. unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. the terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer. 2. the customer is a consumer by law.

6.2. if you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment

If you are an entrepreneur, the delivery and shipment shall be at your risk.

7. Legal liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I)

These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 01.01.2022