Allgemeine Geschäftsbedingungen
General Terms and Conditions for the online shop of Grunder Gourmet Party- und Event-Catering GmbH & Co. KG
1. conclusion of contract
These general terms of delivery and payment apply to all catering and party services and equipment. Our offers are subject to change. By placing an order by telephone or in writing, the customer recognises the following General Terms and Conditions. The conclusion of a contract and other agreements, in particular verbal agreements and assurances made by our sales staff, shall only become binding upon written confirmation. The contract is concluded with the written General Terms and Conditions of Grunder Gourmet Party- & Event-Catering GmbH & Co KG [hereinafter referred to as Grunder Gourmet].
2nd delivery
2.1 Delivery shall be made in accordance with the respective separate agreement. The agreed delivery and performance dates are binding, unless Grunder Gourmet is prevented from fulfilling its obligations due to the occurrence of unforeseeable, exceptional circumstances which it could not avert despite reasonable care in the circumstances of the case or due to force majeure. In this case, and if the delivery cannot be made within a reasonably extended period, Grunder Gourmet shall be released from its delivery and performance obligations.
2.2 Delivery shall be made to the best of our knowledge and belief on the agreed delivery date to the delivery address specified by the customer. Special features relating to the delivery location, such as construction sites, long distances, staircases, non-functioning lifts, etc., must be communicated by the customer when placing the order so that Grunder Gourmet can adapt to them in terms of time and organisation. If Grunder Gourmet lacks such information or if the circumstances concerning the place of delivery are particularly complex, Grunder Gourmet reserves the right to charge a lump sum for additional expenses.
2.3 With every delivery, time delays must be expected, which Grunder Gourmet cannot influence even with the greatest care. Any official authorisations or parking permits that may be required must be obtained by the customer.
2.4 Delays caused by force majeure, in particular unforeseeable traffic disruptions, shall not be at the expense of Grunder Gourmet. In the event of delays for the aforementioned reasons, the entire deadlines shall be postponed by the duration of the hindrance. Deviations from the delivery time agreed with you are possible and do not entitle you to a price reduction.
2.5 The risk of loss, damage, reduction and deterioration of the object of performance shall pass to the customer at the latest when the object of delivery is handed over to the customer.
2.6 Buffet stand time: In the interests of quality and with regard to the guidelines of the Food Hygiene Ordinance, the stand time for buffets is limited to a maximum of three hours. If the order is required over a longer period, the customer can switch to different times with the total quantity after consultation with Grunder Gourmet. In the case of so-called buffet deliveries, Grunder Gourmet accepts no liability for improper storage of the delivery item from the time of handover by the customer.
3. notice of defects
The customer must inspect the goods immediately upon receipt with reasonable thoroughness. In the event of any discrepancies or deviations in the delivery, written notes must be made immediately on the delivery note or the supplier must be informed immediately by telephone. In the event of demonstrable defects, we may, at our discretion, either repair the goods or replace them free of charge. A right to compensation and cancellation shall not apply if any defects or service reductions are only complained about later [without giving us the opportunity to rectify the defect].
We accept no liability for improper storage [e.g. cold chain interrupted] by the customer.
4. equipment & accessories
All equipment provided by us for a buffet delivery, such as plates, bowls, etc., as well as the empties, must be returned to us within five days, washed and in good condition. Failure to do so will result in a EUR 20.00 hire charge per day. We will also be happy to collect the crockery/empties from you for a fee. Assembly and dismantling as well as distribution and collection of the hire items/empties are not included in our hire price. We are happy to provide these services for a separate charge. Illustrations in catalogues, brochures, mailings, Internet pages and multimedia presentations on CD/DVD may deviate from reality. This applies in particular to differences in colour, which cannot always be completely ruled out.
5. terms of payment
All payments shall be made net without any deduction in cash or by crossed cheque upon delivery. [Unless otherwise agreed]. In the event of late payment, we shall be entitled to charge interest at the respective bank rates for overdraft facilities. We reserve the right to assert further claims for damages caused by default. Delivery items that are not returned or damaged will be charged in full. Grunder Gourmet may issue the client with an à conto invoice in the amount of 75% of the agreed services plus the applicable VAT, which is due 10 days before the event. Deductions of any kind are excluded. Advance payments do not bear interest. In the event of late payment, Grunder Gourmet is further entitled, after setting a deadline, to withdraw from the contract and to demand compensation for breach of duty. The customer does not owe any compensation if he can prove that Grunder Gourmet has not suffered any damage or reduction in value as a result of the cancellation or that the damage or reduction in value is significantly lower than the lump sums. The amount of compensation is governed by the provision in section 7 of these terms and conditions.
6. changes
If changes are made to meals that have already been ordered, please inform us in good time. As we endeavour to deliver only the freshest goods, we only purchase up to two working days before delivery. However, our purchase planning must be finalised four working days before delivery. If you notify us of changes up to eight days before delivery, we can fulfil your wishes free of charge. Changes received later are difficult to take into account. In the event of later notification or cancellation, you will be charged for the costs already incurred [e.g. processed goods etc.]. An increase in the number of persons can be communicated up to 3 days before delivery.
7. termination / cancellation
The customer is entitled to cancel the contract at any time. If the customer terminates or cancels the contract without Grunder Gourmet having given good cause for doing so, Grunder Gourmet shall be entitled to the agreed remuneration as follows: If the agreed services are cancelled, for whatever reason, up to 30 days before the event, Grunder Gourmet reserves the right to claim compensation in the amount of 20% of the agreed remuneration. In the event of later cancellations, the following applies: Up to 7 days before the start of the event, 50% of the remuneration is due, up to 3 days before the start of the event 75% of the remuneration, thereafter 100% of the remuneration. The right of cancellation for good cause remains unaffected for both contracting parties. However, this is subject to a prior written request to remedy the good cause within a reasonable period of time and the deadline having expired without result. In the event of termination for good cause by Grunder Gourmet or cancellation for reasons for which the customer is responsible, the right to terminate the contract applies. The assertion of further damages is not excluded.
8. data protection
Please note that personal data, regardless of whether they originate from Grunder Gourmet itself or from third parties, are processed in the context of the business relationship or in connection with it in accordance with the Federal Data Protection Act.
9 Place of fulfilment and jurisdiction
The place of fulfilment and jurisdiction for both parties is Homburg/Saar, Homburg/Saar Local Court.
10. price labelling
Our new prices apply with the publication of this catalogue. All previous price lists and catalogues thus lose their validity. The same applies to all offers after expiry of the option period. Of course, all order confirmations already issued remain valid. All prices in the new catalogue are shown as net prices, i.e. plus the applicable statutory VAT. For better orientation, we have indicated the gross final prices with 7% or 19% VAT rate in brackets. We are legally obliged to charge 19% VAT on the delivered food [instead of the previous 7% VAT] as soon as a minimum service is provided [e.g. napkins, any kind of buffet decoration, buffet signs, crockery hire, empties washing up and collection, drinks, bar tables, any staff service]. We will be happy to provide you with further information. Just ask us. All prices quoted are valid for a minimum of 20 people, unless otherwise stated. The minimum number of people for our hot and cold buffet proposals is 16. The offer prices are only valid for undivided orders.
11. illustration photos
Illustrations and photos are for decoration purposes only and do not necessarily show the products that can be ordered.
SUPPLEMENTARY TERMS AND CONDITIONS FOR RENTAL OBJECTS
12 Validity of the conditions
Rented items are the property of Grunder Gourmet Party- & Eventcatering GmbH & Co KG. The deliveries, services and offers of the lessor are made exclusively on the basis of these terms and conditions; additions, amendments and ancillary agreements are only legally effective if the lessor confirms them in writing.
13. prices
The rental fee is valid from the warehouse for 3 days (= 1 rental unit), even if the rented items are returned prematurely and/or unused. If the rented items are not returned on time, the rental agreement is automatically extended until they are returned. The full fee will be charged for each commenced rental unit. All prices are per item and rental unit plus statutory VAT. Prices are subject to change without notice.
14. handover-return
The delivery item shall be handed over formally and immediately after performance/delivery. The customer undertakes to attend the handover date itself or to be represented by an appropriately authorised representative. In this respect, it is expressly recognised that a handover date shortly before the start of the event is not unreasonable. We hand over crockery, cutlery and glasses machine-cleaned, but not hand-polished. All other hire items are clean. The customer is obliged to return the hire items, including the transport containers, to us in a clean condition (with the exception of crockery, glasses and other items for which cleaning is included in the hire price) at his own risk and expense.
14.1 Defects or shortages Any defects or shortages must be reported to us immediately upon acceptance or discovery. A later notification of defects will not be recognised.
15. delivery service
The basis for calculating the transport costs is the weight, volume and distance. Our transport costs include delivery and collection to behind the first lockable door (at ground level). The hirer or an authorised person should be present during delivery and collection of the rented goods. Assembly and dismantling as well as distribution and collection of the rented goods are not included in the rental price.
16. liability for damages of the customer
The customer is liable for damage caused by guests, employees or agents of the customer. Grunder Gourmet must be reimbursed in full for the resulting costs. In the event of damage, breakage or theft of the equipment used (glasses, cutlery, crockery, table linen, decoration, etc.) by Grunder Gourmet, the customer will be charged in full. Grunder Gourmet may require the customer to provide proof of appropriate liability insurance. Grunder Gourmet is not liable for loss, breakage or damage to items brought in by the customer. The duty of care for rented items is incumbent on the customer from the time they are taken over until they are returned. Damage, shortages or loss are the responsibility of the customer and will be charged separately by Grunder Gourmet. If the delivery consists of a large number of individual parts and a complete inspection is not possible at the time of return, the hirer shall accept the final count and damage assessment from the rental company.
17. insurance
The items are not insured during transport by the customer and during the hire period. The hirer is liable for loss and damage of any kind. The items may not be tampered with or modified.
18 Terms of payment
The total invoice amount is due upon receipt of the rental property. Payment options are cash or EC card payment. We are authorised to charge a deposit fee for new customers, which will be refunded upon proper return.
19. cleaning
The cleaning of crockery, glasses, cutlery and linen is included in the rental price. The cleaning of appliances, furniture and other rented items is charged at cost. However, any leftover food must be disposed of by the tenant prior to return. We reserve the right to charge for the cleaning of soiled rental items returned.