Terms and Conditions (Champagnette Hotel & Gastronomy CC GmbH)
- 1 scope and provider
(1) These Terms and Conditions apply to all orders placed with the online shop of Champagnette Hotel & Gastronomy CC GmbH, Managing Director Christian Gölker, Service Hotline 030/35050689. (2) The offer of goods in our online shop is aimed exclusively at buyers who attend the 18th anniversary of our stay. Have reached the age of year. (3) Our deliveries, services and offers are made solely on the basis of these Terms and Conditions. The terms and conditions therefore also apply to companies for all future business relationships, even if they are not explicitly agreed upon again. The inclusion of a customer's terms and conditions that contradict our Terms and Conditions is already objected to. (4) The language of the contract is exclusively German. (5) You can retrieve and print the current terms and conditions on the website www.champagnette.de.
- 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding request for the conclusion of a contract of sale. Rather, it is a non-binding request to order goods from the online store. (2) By clicking on the "Order now subject to payment now" button, you make a binding offer to buy (§ 145 BGB). (3) Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This acknowledgement of receipt does not yet constitute acceptance of your purchase offer. A contract has not yet been concluded by the acknowledgement of receipt. (4) A purchase agreement on the goods will not be concluded until we expressly declare acceptance of the purchase offer or if we send the goods to you – without a prior express declaration of acceptance –. (5) Orders are only possible in household quantities.
- 3 Prices
The prices mentioned on the product pages contain the statutory VAT and other price components and are plus. The respective shipping costs and, as far as stated, plus. Deposit.
- 4 Payment terms; Default
(1) Payment is made either: Invoice by advance payment. (2) If you select the payment method, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the goods. (3) When paying by credit card, the purchase price is reserved on your credit card at the time of order ("authorization"). The actual charge on your credit card account is when we ship the goods to you. (4) If you pay by direct debit, you may have to pay by direct debit. To bear the costs incurred as a result of a chargeback of a payment transaction due to lack of account coverage or from incorrectly transmitted data of the bank details. (5) If you are in default of a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. If you are in default of a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. For each reminder letter sent to you after the delay occurs, you will be charged a reminder fee of €2.50 unless a lower or lower one in individual cases. Higher damage is proven.
- 5 Recharge/Right to reclubribe
(1) You are entitled to a right to offset only if your counter-claim has been legally established, is not disputed or recognised by us, or is in close syna-agmatic relationship with our claim. (2) You may exercise a right of retention only if your counterclaim is based on the same contractual relationship.
- 6 Delivery
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide. (2) Deliveries are only possible within Germany, Austria and Switzerland. The German islands are exempt from fresh and cooling deliveries. (3) If not all ordered products are in stock, we are entitled to partial deliveries, as far as this is reasonable for you. Any deadlines will not begin until the last partial delivery is received. (4) If the delivery of perishable goods is the subject of this contract, the following applies: The customer shall ensure the acceptance of perishable goods at the agreed delivery date by appropriate precautions, e.g. By accepting the goods himself, commissioning a person to accept them at the specified delivery address, or by providing the seller with the name and address of a neighbor for acceptance and entitled to authorize. (5) When ordering loose goods, i.e. Goods that are weighed individually (e.g. Fruit, vegetables, meat, sausage and cheese), can lead to volume deviations. The price to be paid is calculated on the basis of the basic price. The basic price is given in EUR per quantity unit (e.g. EUR per 100ml, 100g, 1kg, 1l). The price to be paid by the customer then refers to the amount actually weighed. This may lead to slight differences between the price quoted in the online shop when the order is sent and the actual invoice price. Efforts are being made to minimise such deviation. (6) The delivery of ordered goods is subject to the availability of the goods. If this is not available at the time of order, the customer receives a notification of the expected delivery date and the order is provided by us. As soon as the goods are in stock, the shipment is sent to the customer without further notification to the customer. In the case of unavailability, in particular because a limited supply of goods marked as such is exhausted (e.g. Vintage wine) the customer is taught by us. Payments already made will then be refunded immediately. (7) In the case of the delivery of spirits and tobacco products or other items subject to legal sales restrictions, the goods shall be handed over only to recipients who comply with the legal requirements and only upon presentation of the identity card.
- 7 Reservor of title
The goods remain our property until the purchase price is paid in full. If you are an entrepreneur within the meaning of § 14 of the Civil Code, the following applies in addition:
- -We reserve ownership of the goods until all receivables arising from the current business relationship have been fully offset. A pledge or transfer of security is not permitted before the transfer of ownership of the reserved goods.
- -You are allowed to resell the goods in the ordinary course of business. In this case, you are already ceding to us all claims amounting to the invoice amount that arise from resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
- -In connection and mixing the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the items subject to retention of title to the other items processed at the time of processing.
- -We undertook to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is up to us.
- 8 revocation instruction
(1) (2) In the event that you are a consumer within the meaning of § 13 of the Civil Code, i.e. make the purchase for purposes which, for the most part, cannot be attributed to either your commercial or independent professional activity, you shall have the right to revocation in accordance with the following Provisions. You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken possession of the goods. Has. To exercise your right of revocation, you must give us company: Champagnette Hotel & Gastronomy CC GmbH Address: Gleimstrasse 27, 10437 Berlin Email: firstname.lastname@example.org by means of a clear explanation (e.g. B. inform a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form, but it is not mandatory. In order to respect the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period. Consequences of revocation If you revoke this contract, we have provided you with all payments we have received from you, including delivery costs (except for the additional costs arising from having a different type of delivery than that of us Have chosen the cheapest standard delivery offered), to repay immediately and no later than fourteen days from the date on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; Under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us or to us immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to a handling of them that is not necessary to check the nature, characteristics and functioning of the goods. Pattern revocation form If you want to revoke the contract, please fill out this form and send it back. To company: Champagnette Hotel & Gastronomy CC GmbH Address: Gleimstraße 27, 10437 Berlin Email: email@example.com Hiervoke (n) ich/wir (*) we (*) revoke the contract concluded by mir/uns (*) for the purchase of the following goods (*): Appointed on (*)/received on (*)/on (*) name of the/ Consumers (s): Address of the consumer's/end (s): Signature of the consumer's/D (s) (only in the case of paper notification) Date (*) delete incorrect. End of revocation (1) The right of revocation does not apply to the delivery of goods that are not prefabricated and for whose manufacture an individual choice or determination by the consumer is decisive or which clearly meets personal needs Tailored to the consumer, when delivering goods that can spoil quickly or whose expiry date would be quickly exceeded, when delivered to sealed goods that are not suitable for return for reasons of health or hygiene, if Their sealing after delivery was removed, on delivery of goods, if they were inextricably mixed with other goods after delivery on the basis of their nature, or on the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the contract However, which can be delivered at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence. (2) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. Use if necessary A protective repackaging. If you no longer have the original packaging, please provide adequate protection against transport damage with appropriate packaging to avoid claims for compensation due to damage caused by defective packaging. (3) Please call us on 030/35050689 before returning them to announce the return. In this way, you enable us to assign the products as quickly as possible. (4) Please note that the modalities set out in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of revocation.
- 9 Transport damage
(1) If goods with obvious transport damage are delivered, please complain immediately to the delivery company and contact us as soon as possible. (2) The omission of a complaint or contact has no consequences for your statutory warranty rights. However, they help us to make our own claims to the carrier. To be able to claim transport insurance.
- 10 Guarantee
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the right to buy (§ § 433 ff. BGB). (2) If you are a consumer within the meaning of § 13 of the Civil Code, the statute of limitations for warranty claims for used property-deviating from the statutory provisions-is one year. This restriction does not apply to claims arising from damage caused by injury to life, body or health or from the violation of an essential contractual obligation, the fulfilment of which enables the proper implementation of the contract in the first place. And the contracting party may regularly rely on its compliance (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents. (3) In addition, the statutory provisions apply to the guarantee. (4) If you are an entrepreneur within the meaning of § 14 of the Civil Code, the statutory provisions apply with the following modifications:
- -Only our own information and the manufacturer's product description are binding for the nature of the goods, but not public announcements and statements and other advertisements from the manufacturer.
- -You are obliged to examine the goods immediately and with due diligence for deviations in quality and quantities and to notify us of obvious defects within 7 days of receipt of the goods. In order to meet the deadline, the timely dispatch is sufficient. This also applies to hidden defects identified later onwards from discovery. In the event of a breach of the obligation to investigate and comply with the investigation and reprimand, the assertion of the warranty claims is excluded.
- -In the event of defects, we shall, at our discretion, guarantee by rectification or replacement delivery (supplementary performance). In the case of rectification, we must take not the increased costs arising from the shipment of the goods to a location other than the place of performance, unless the shipment is not the intended use of the goods.
- -If the supplementary performance fails twice, you can demand reduction or withdraw from the contract at your choice.
- -The warranty period is one year from delivery of the goods.
- 11 Liability
(1) Unlimited liability: We are indefinitely liable for wilful misconduct and gross negligence, as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to life, body and health of persons. (2) In addition, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of breach of an essential contractual obligation, the fulfilment of which makes the proper implementation of the contract possible in the first place and to which you comply with Regularly (cardinal duty). Liability for slight negligence is limited to the foreseeable damage foreseen at the conclusion of the contract, which must typically be expected to arise. This limitation of liability also applies to the benefit of our vicarious agents.
- 12 Final provisions
(1) Should one or more provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions. (2) Only German law applies to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). (3) If you are a merchant, a legal entity under public law or a public-law special asset, the place of jurisdiction is for all disputes arising out of or in connection with contracts between us and you. Copyright: HÄRTING Lawyers, www.haerting.de, firstname.lastname@example.org Chausseestraße 13.10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4