Conditions

§ Section 1 Scope of application

For the business relations between Huhtamaki Foodservice Germany GmbH & Co. KG, hereinafter referred to as Seller, and the Buyer shall be governed exclusively by the following General Terms and Conditions. The seller does not recognize any deviating conditions of the purchaser. Deviating conditions shall only apply in the case of the express and written consent of the seller. The texts available for the conclusion of the contract are exclusively available in German.

§ 2 Conclusion of contract and withdrawal

By sending the order, the buyer bindingly declares that he/she wishes the delivery of the articles contained in the shopping basket at the prices stated there.

The basis for the conclusion of the purchase contract is the acceptance of the seller. The acceptance can be made in writing by sending an order confirmation (by e-mail, fax or letter) or by delivery of the ordered goods. 

If the seller's supplier does not supply the seller with the ordered goods despite contractual obligations, the seller is entitled to withdraw from the contract. If this case should occur, the customer will be informed immediately that the ordered goods are not available. The purchase price already paid will be refunded immediately.

The seller does not offer products for purchase by minors. All products can only be purchased by adults.

§ 3 Right of withdrawal

Consumers within the meaning of § 13 BGB, i.e. natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity, have a statutory right of revocation.

You can find our right of revocation under: http://www.bechershop.de/widerrufsrecht

And as print version as PDF: Cancellation policy

§ 4 Delivery

Unless otherwise agreed, the delivery will be made from stock to the delivery address indicated by the customer. Information about the delivery period is non-binding, unless the delivery date has been promised bindingly in exceptional cases.

Partial deliveries are permitted as far as this is reasonable for the customer. Additional shipping costs will only be incurred if this has been expressly agreed.

The shop owner is subject to the delivery conditions of the suppliers. In the event of longer delivery times or the sale of one or more items, the purchaser will be informed immediately. Any resulting overpayments will be refunded. 

Claims for damages by the buyer due to delay in delivery are excluded.

§5 Prices

Decisive for the delivery are the prices at the time of the order by the buyer.

The prices shown in the online shop are exclusive of the statutory value added tax and shipping costs.

The current shipping costs can be viewed on the homepage of the online shop.

§ 6 Due date and payment, default

The purchaser can pay the purchase price in advance. Fixed customers can also order on account after an initial order with their customer number.

For public authorities and major customers the total amount can be paid by invoice from the first order. The conditions for this can be viewed on the homepage of the online shop.

In all cases, the seller reserves the right to insist on payment in advance.

If the customer is in default of payment, the seller is entitled to demand interest on arrears at a rate of 5% above the base rate p.a. announced by the European Central Bank. If the seller can prove that he has incurred higher damages due to the delay, the seller is entitled to claim these damages.

Bank details:

Savings Bank Mittelmosel- Eifel Moselle Hunsrück

Account number: 31001076

BLZ: 587 512 30

IBAN: EN30 5875 1230 0031 0010 76

BIC: MALADE51BKS

§ 7 Set-off, retention

The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognised by the seller. Furthermore, he is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 8 Retention of title

The delivered goods remain the property of the seller until full payment is received.

§ 9 Warranty

If there is a defect in the object of purchase, the customer may demand subsequent performance (removal of defects or replacement delivery). If the supplementary performance fails, the customer may, in the case of a not insignificant defect, withdraw from the contract, reduce the purchase price or claim damages.

We reserve the right to make insignificant changes or deviations in structure or colour, provided the changes or deviations are reasonable for the customer. The customer is aware that when ordering via the Internet, the colour representation of the goods may differ from the actual colour due to the resolution of his screen and that this does not constitute a warranty obligation.

Unless otherwise stated below, further claims of the customer - regardless of the legal grounds - are excluded. The Seller shall therefore not be liable for damage which has not occurred to the delivered goods themselves; in particular, the Seller shall not be liable for loss of profit or other financial losses of the Purchaser. Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence or if personal injury is involved. Furthermore, it shall not apply if the customer asserts claims under §§ 1, 4 of the Product Liability Act.

If the Seller negligently violates a material contractual obligation, the obligation to pay compensation for material damage is limited to the typically arising damage.

§ 10 Data protection

Information on the type, scope, location and purpose of the collection, processing and use of personal data by the seller can be found in the privacy policy.

§ 11 Applicable law, place of jurisdiction

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Kempten, if this can be agreed upon as legally permissible.

§ 12 Severability clause

Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the ineffective or incorrect provisions, the respective legal regulations shall apply.