Eil.Gut.Halle – Kolaha Gastro GmbH
Schützinger Weg 2
D-88131 Lindau
Telephone: +49-8382-911-1229
Email: info@eilguthalle.li
Internet: www.eilguthalle.li
Managing Directors authorized to represent the company: Florian Zimmermann and Daniel Stütz
Registered office: Lindau;
Commercial Register: Kempten District Court, HRB 13001;
VAT identification number: DE303281077
(1) These terms and conditions of sale apply exclusively to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310 Paragraph 1 of the German Civil Code (BGB). We do not recognize any conflicting or deviating terms and conditions of the purchaser unless we expressly agree to their validity in writing.
(2) Upon presentation of the business license or the extract from the commercial register, we grant wholesale conditions to catering professionals (hotels, restaurants, canteens, etc.) and suppliers to the catering industry, depending on the order amount.
(3) These terms and conditions of sale shall also apply to all future transactions with the purchaser, insofar as they are related legal transactions
Orders can be placed by phone, fax, or email. They are binding.
An order constitutes an offer in accordance with § 145 of the German Civil Code (BGB). We can accept this offer within two weeks, including upon receipt of the order.
(1) All prices are in EURO (€) excluding statutory VAT. Prices are subject to change without notice. Errors and omissions excepted. Prices may vary for fresh and seasonal goods. For products with daily price discounts, the current daily price always applies.
(2) Payment is made via SEPA direct debit, invoice or PayPal.
(2a) If you participate in the SEPA Direct Debit Scheme, we grant a 2% discount. The invoice amount will be debited from your bank account within 6 banking days of shipment of the goods. For direct debit notifications, the pre-notification period is 5 banking days.
The 14-day pre-notification period stipulated for SEPA core direct debits is thereby extended
The amount will be reduced by a binding agreement. If you object to this reduction in writing, participation in the SEPA Core Direct Debit Scheme will not be possible. A valid mandate is required for the collection of a SEPA Direct Debit.
(2b) Unless otherwise agreed, the purchase price is payable within 14 days of delivery if payment is made by invoice.
(2c) When paying with PayPal, the goods will be shipped after payment has been received.
The customer is only entitled to set-off if their counterclaims have been legally established or are undisputed. The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
(1) The delivery time is stated in the respective product description. If no information is provided there, it must be requested. If Sundays or public holidays fall within the delivery period, the delivery time will be extended accordingly. For advance payment methods, the delivery period begins after the customer has initiated payment; for other payment methods (e.g., cash on delivery or invoice), the delivery period begins after we have accepted the order. No deliveries are made on Sundays or public holidays; the delivery period will be extended accordingly.
(2) The commencement of the delivery period specified by us is contingent upon the timely and proper fulfillment of the customer's obligations. The right to raise the defense of non-performance of contract remains reserved.
(3) If the buyer defaults on acceptance or culpably breaches other obligations to cooperate, we are entitled to claim compensation for the resulting damages, including any additional expenses. Further claims remain reserved. Provided the aforementioned conditions are met, the risk of accidental loss or accidental deterioration of the goods passes to the buyer at the time the buyer defaults on acceptance or payment.
(4) In the event of a delay in delivery caused by us not intentionally or through gross negligence, we shall be liable for each completed week of delay in the form of a lump-sum compensation for delay amounting to 3% of the delivery value, but not exceeding 15% of the delivery value.
(5) The purchaser’s other statutory claims and rights due to a delay in delivery remain unaffected.
If the goods are shipped to the buyer at their request, the risk of accidental loss or accidental damage to the goods passes to the buyer upon dispatch, at the latest upon leaving the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.
(1) We retain title to the delivered goods until full payment of all amounts due has been received
Claims arising from the delivery contract remain unaffected. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the purchased goods if the buyer breaches the contract.
(2) The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. The buyer hereby assigns to us, in advance, all claims against its customers arising from the resale of the goods subject to retention of title, up to the amount of the final invoice total agreed with us (including VAT). This assignment applies regardless of whether the goods are resold before or after processing. The buyer remains authorized to collect the receivables even after the assignment. Our right to collect the receivables ourselves remains unaffected. However, we will not collect the receivables as long as the buyer fulfills its payment obligations from the proceeds received, is not in default of payment, and in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended.
(3) Any processing or transformation of the purchased goods by the customer shall always be carried out in our name and on our behalf. In this case, the customer's conditional ownership of the purchased goods shall continue in the transformed item. If the purchased goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the objective value of our purchased goods relative to the other processed items at the time of processing. The same applies in the case of commingling. If the commingling occurs in such a way that the customer's item is to be regarded as the principal item, it is agreed that the customer shall transfer proportionate co-ownership to us and hold the resulting sole or co-ownership in trust for us. To secure our claims against the customer, the customer also assigns to us any claims that may arise against a third party from the incorporation of the goods subject to retention of title into real property; we hereby accept this assignment.
(5) We undertake to release the securities to which we are entitled at the request of the Customer, insofar as their value exceeds the claims to be secured by more than 20%.
(1) The buyer's warranty rights are contingent upon the buyer having properly fulfilled their obligations to inspect and report defects as stipulated in Section 377 of the German Commercial Code (HGB). The goods must be inspected in the presence of the delivery person before signing the shipping documents. If a defect is discovered during the required incoming inspection, it must be documented accordingly on the shipping documents of the transport company. Damages exceeding the value of the delivered goods must be reported immediately. The product in question must be blocked from further processing and, if necessary, made available to us (for evidentiary purposes).
(2) Claims for defects expire 12 months after delivery of the goods supplied by us to our customer. The foregoing provisions do not apply insofar as the law, pursuant to Section 479 Paragraph 1 of the German Civil Code (right of recourse), mandatorily prescribes longer periods. Our consent must be obtained before any return of the goods.
(3) Should the delivered goods, despite all due care, exhibit a defect that was already present at the time of the transfer of risk, we will, subject to timely notification of the defect, at our discretion, either repair the goods or deliver replacement goods. We must always be given the opportunity to remedy the defect within a reasonable period. Recourse claims remain unaffected by the foregoing provision.
(4) If the subsequent performance fails, the purchaser may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.
(5) We exclude our liability for breaches of duty caused by slight negligence, unless such breaches involve damages resulting from injury to life, body, or health, or from breaches of guarantees, or unless claims under the Product Liability Act are affected. Liability for breaches of duties whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely remains unaffected. The same applies to breaches of duty by our vicarious agents.
(6) The purchaser's recourse claims against us exist only insofar as the purchaser has not made any agreements with its customer that go beyond the legally mandatory warranty claims.
(1) This contract and all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG)
(2) The place of performance and exclusive jurisdiction for all disputes arising from this contract shall be our registered office, unless otherwise stated in the order confirmation.
(3) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
(4) Should any provision of this Agreement be or become invalid or contain a gap, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that most closely approximates the economic purpose of the invalid provision or fills the gap.
