GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope
Diese allgemeinen Geschäftsbedingungen gelten für die Lieferung von Waren (Speisen und Getränken) der Brandes Food Brands GmbH (nachfolgend auch Brandes Food Brands GmbH genannt), die der Kunde zuvor per Internet oder Telefon bestellt hat.
2. Conclusion of contract
The offers contained in the menu and/or the website of Brandes Food Brands GmbH merely represent an invitation to the customer to submit a specific purchase offer (order) by placing an order.
By ordering a product, the customer declares that they want to purchase the ordered product at the price stated on the menu and/or the website (offer). Brandes Food Brands GmbH is entitled to accept this contract offer in writing, by e-mail or by delivering the goods. If the customer orders the goods electronically, Brandes Food Brands GmbH will confirm the order immediately.
Depending on the type of order, the minimum order value is:
- Pick-up 0€
- Deliveries 12€
- Catering 100€
Only one delivery address can be specified per order. If the delivery address is incorrect, incomplete or if the recipient is not known at the address, the orderer/customer bears the responsibility. In these cases, Brandes Food Brands GmbH reserves the right to invoice the customer for the full amount.
The images reproduced in the menu and/or the website are only symbolic; the goods may differ in design, design and colour. However, the quality of the goods is always guaranteed.
3. Prices
Our stated prices include the currently applicable VAT. We hold the right for pricechanges.
4. Delivery
Ordered goods are only delivered within the state borders of Berlin.
Deliveries are made to the delivery address specified by the customer when ordering. However, the customer has the option of picking it up himself during the ordering process. When delivering to a business address e.g. B. in a company, a restaurant or hotel, the delivery to the staff who can be reached there and who is authorized to receive the goods is considered to have been delivered.
Customer orders are processed in the order in which they are received. We will endeavor to ensure delivery within 50 minutes of the order process.
Brandes Food Brands GmbH always endeavors to have sufficient quantities of goods in stock. If, despite this, a product cannot be delivered due to the high demand, Brandes Food Brands GmbH will inform the customer immediately. In this case there is no right to the delivery of the ordered goods.
5. Payment
The customer pays for the ordered goods upon delivery in cash or without cash. In the case of cash payment, the customer is required to have the invoice amount ready as appropriate as possible.
All orders must be paid in advance.
The employee responsible for delivery is entitled to accept the invoice amount, concurrently with delivery of the ordered goods.
6. Retention of Title
The ordered goods remain the property of Brandes Food Brands GmbH until full payment has been made.
7. Warranty
Warranty rights apply.
If the customer is an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications: The customer is obliged to examine the goods immediately and with due care for quality and quantity deviations and to report obvious defects to Brandes immediately upon receipt of the goods Food Brands GmbH. The assertion of warranty claims is excluded in the event of a breach of the duty to examine and give notice of defects. The warranty period is one year from date of delivery.
8. Liability
Brandes Food Brands GmbH has unlimited liability for intent (including fraudulent conduct) and gross negligence as well as in accordance with the Product Liability Act.
Brandes Food Brands GmbH is liable for slight negligence in the event of damage resulting from injury to life, limb or health. In the event of slight negligence, Brandes Food Brands GmbH is only liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected.
9. Force Majeure
In the event that Brandes Food Brands GmbH cannot provide the service owed due to force majeure (e.g. natural disasters, pandemics), Brandes Food Brands GmbH is for the duration of the
hindrance is released from the obligation to perform and the customer is entitled to withdraw from the contract
10. Joke orders and their consequences
In the case of incorrect or joke orders, Brandes Food Brands GmbH will report the damage incurred to the person responsible.
11. Withdrawal
According to §312g Abs. 2 BGB there is no right of revocation.
12. Data Storage – Privacy
The customer’s personal data required for order processing, in particular for orders via our online offer, are stored. The customer hereby expressly declares his consent. All personal information will be treated confidentially.
13. Severability Clause
If individual provisions of these general terms and conditions are not legally effective in whole or in part or later lose their legal effectiveness, this will not otherwise affect the validity of the general terms and conditions. The statutory provisions shall take the place of the ineffective provision. The same applies if the general terms and conditions contain an unforeseen gap.