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
Authorized managing directors: Florian Zimmermann and Daniel Stütz
Company headquarters Lindau
Commercial register Kempten district court, HRB 13001
VAT identification number VAT ID no. 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 only recognize the purchaser's conditions that conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.
(2) Upon presentation of the trade license or extract from the commercial register, we grant wholesale conditions to gastronomic specialist customers (hotels, pubs, restaurants, canteens, etc.) as well as suppliers to the catering industry, depending on the order amount.
(3) These terms and conditions of sale also apply to all future transactions with the customer, as long as they involve legal transactions of a related nature
Orders can be placed by telephone, fax or email. They are binding.
An order is considered an offer in accordance with Section 145 of the German Civil Code (BGB). We can also accept this within two weeks when sending the order.
(1) All prices are in EURO (€) plus VAT, price changes and errors excepted. Price changes may occur for fresh and seasonal goods. For products with daily prices, the current daily prices always apply.
(2) Payment is made via SEPA basic direct debit, on account or with PayPal.
(2a) If you participate in the SEPA basic direct debit scheme, we grant a 2% discount; the invoice amount will be deducted from your bank account within 6 bank working days after the goods have been dispatched. For direct debit notifications, the pre-notification period is 5 banking days.
This means that the 14-day pre-notification period provided for SEPA basic direct debits is extended
bindingly shortened. If you object to this shortening in writing, you will not be able to participate in the SEPA core direct debit scheme. The collection of a SEPA direct debit requires a valid mandate.
(2b) Unless otherwise agreed, the purchase price must be paid upon invoice payment within 14 days of delivery.
(2c) When paying with PayPal, the goods will be shipped after receipt of payment.
The customer only has the right to offset if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
(1) The delivery time can be found in the respective item description. If no information is provided there, it must be requested. If Sundays and public holidays fall within the delivery time, the delivery time will be extended accordingly. The delivery period for advance payment methods begins after the customer has made his payment; for other payment methods (e.g. cash on delivery or invoice) the delivery period begins after we accept the order. Deliveries are not made on Sundays and public holidays and the delivery period is extended accordingly.
(2) The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.
(3) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser is in default of acceptance or debtor.
(4) In the event of a delay in delivery not caused intentionally or through gross negligence on our part, we are liable for a flat-rate compensation for delay of 3% of the delivery value for each complete week of delay, but a maximum of no more than 15% of the delivery value.
(5) Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.
If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch to the customer, at the latest when they leave 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 ownership of the delivered item until all costs have been paid in full
Claims from the delivery contract. 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 item if the purchaser behaves in breach of contract.
(2) The purchaser is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns the customer's claims from the resale of the reserved goods to us in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended.
(3) The processing or transformation of the purchased item by the purchaser is always carried out on behalf of us and on behalf of us. In this case, the purchaser's expectant right to the purchased item continues with the converted item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing occurs in such a way that the purchaser's item is to be viewed as the main item, it is agreed that the purchaser transfers proportional co-ownership to us and stores the resulting sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us those claims that arise against a third party as a result of the connection of the reserved goods with a property; we accept this assignment now.
(5) We undertake to release the securities to which we are entitled at the purchaser's request if their value exceeds the claims to be secured by more than 20%.
(1) The purchaser's warranty rights require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). The goods must be inspected in the presence of the deliverer before the freight documents are signed. If the defect is discovered during the necessary incoming inspection, it must be documented accordingly on the transport company's accompanying documents. Damage that exceeds the value of the goods delivered must be reported immediately. The product complained about must be blocked and, if necessary, made available to us (preservation of evidence).
(2) Claims for defects expire 12 months after delivery of the goods we have delivered to our customer. The above provisions do not apply if the law requires longer periods in accordance with Section 479 Paragraph 1 of the German Civil Code (BGB) (right of recourse). Prior to returning the goods our permit is to be requested.
(3) If, despite all care taken, the delivered goods have a defect that was already present at the time of transfer of risk, we will, at our discretion, repair the goods or deliver replacement goods, subject to timely notification of the defect. We must always be given the opportunity to provide supplementary performance within a reasonable period of time. Claims for recourse remain unaffected by the above regulation without restriction.
(4) If subsequent fulfillment fails, the purchaser can withdraw from the contract or reduce the remuneration - without prejudice to any claims for damages.
(5) We exclude our liability for slightly negligent breaches of duty, unless damages result from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfillment of which enables the proper execution of the contract and on whose compliance the customer can regularly rely, remains unaffected. The same applies to breaches of duty by our vicarious agents.
(6) The purchaser's recourse claims against us only exist to the extent that the purchaser has not made any agreements with his customer that go beyond the legally binding claims for defects.
(1) This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our place of business, 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 individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions remain unaffected. The parties undertake to replace the invalid regulation with a legally permissible regulation that comes closest to the economic purpose of the ineffective regulation or fills this gap.
