Terms of service
General terms and conditions with customer information
table of contents
2. Conclusion of contract
3. Contractual right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Force Majeure
7. Delay in performance at the request of the customer
8. Retention of Title
9. Liability for Defects / Warranty
11. Statute of Limitations
12. Retention, Assignment
13. Special conditions for the processing of goods according to specific customer specifications
14. Governing Law, Jurisdiction
1.1 These General Terms and Conditions (hereinafter "GTC") of Chauhdry Food Traders GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that an entrepreneur (hereinafter "Customer") has with the Seller with regard to the seller in his goods presented in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These General Terms and Conditions also apply exclusively if the seller carries out the delivery to the customer without any special reservations, while being aware of conflicting or deviating terms and conditions of the customer.
1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 After payment and a binding request, each order is checked for availability in the warehouse and the customer is then informed if a product is not available. If the performance of the service is only partially possible, the customer will be reimbursed the difference in the amount of the order from the seller.
2.1.1 The product descriptions presented in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process . Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or using the online contact form.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order, or
- if payment by direct debit is offered and the customer opts for this payment method by collecting the total price from the customer's bank account, whereby the point in time at which the customer's account is debited is decisive.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract will be after the order is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
2.9 If the parties have agreed on special conditions, these do not apply to current and future contractual relationships with the customer.
2.10 In the event of the customer's economic inability to fulfill his obligations towards the seller, the seller can terminate existing exchange contracts with the customer without notice by withdrawing. This also applies to filing for bankruptcy
of the customer. § 321 BGB and § 112 InsO remain unaffected. The customer shall inform the seller in writing of an impending insolvency in good time.
3) Contractual right of withdrawal
The seller grants the customer a contractual right of withdrawal in accordance with the following conditions:
3.1 The customer has the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier took possession of the last item.
3.2 In order to exercise his right of cancellation, the customer must inform the seller of his decision to cancel the contract by means of a clear statement in text form (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
3.3 If the customer withdraws from the contract in due form and time, the seller reimburses the customer for the purchase price paid, but not the costs for the delivery and any costs incurred for the payment method selected by the customer. The purchase price will be repaid within fourteen days from the day on which the seller received the notification of the cancellation of the contract.
3.4 The seller can refuse the repayment until he has received the goods back in full.
3.5 The customer must return or hand over the goods to the seller without undue delay and in any event no later than fourteen days from the day on which he informed the seller of the cancellation of the contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
3.6 The customer bears the costs and the risk of returning the goods.
3.7 The customer is liable for any loss in value of the goods in accordance with the statutory provisions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are net prices plus statutory sales tax. Packaging and shipping costs, loading, insurance (particularly transport insurance), customs duties and levies may be charged separately.
4.2 The customer has various payment options available, which are specified in the seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12 , 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.5 If you select the delivery on account payment method, the purchase price is due after the goods have been delivered and invoiced.
4.6 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4.7 If you select the payment method purchase on account via Masterpayment, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid to net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich ("net-m privatbank 1891 AG") without deduction immediately after receipt of the invoice. The purchase on account payment method requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, Great Britain ("Masterpayment"). If the customer is allowed to pay on account after checking the creditworthiness, the payment will be processed in cooperation with net-m privatbank 1891 AG, to which the seller assigns his payment claim. In this case, the customer can only make payments to net-m privatbank 1891 AG with a debt-discharging effect. Even if the payment method purchase on account via Masterpayment is selected, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of cancellation and cancellations or credit notes. A prerequisite for using the purchase on account payment method via Masterpayment is that the customer has reached the age of 18. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4.9 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Advance information ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
4.10 A payment is deemed to have been received once the equivalent value has been credited to one of the Seller's accounts. In the event of default of payment, The seller is entitled to interest on arrears at a rate of 10 percentage points above the respective base interest rate. The other legal rights of the seller in the event of a default in payment by the customer remain unaffected. If claims are overdue, incoming payments will first be offset against any costs and interest, then against the oldest claim.
4.11 Should unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases by suppliers, etc.), the seller is entitled to pass the price increase on to the customer. However, this only applies if the delivery is to take place later than four months after the conclusion of the contract, as agreed.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 Goods that are delivered by a forwarding agent are delivered "free curb", i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
5.3 The seller is entitled to make partial deliveries if this is reasonable for the customer. In the case of permissible partial deliveries, the seller is also entitled to issue partial invoices.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 The risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. This also applies if the seller bears the costs of transport. Transport insurance is only provided upon special request and at the expense of the customer.
5.6 In the event that the shipment of the goods to the customer is delayed for reasons for which the customer is responsible, the transfer of risk takes place when the customer is notified that the goods are ready for shipment. Any storage costs incurred after the transfer of risk must be borne by the customer.
5.7 In the event of collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.
6) Force Majeure
In the event of force majeure events affecting the fulfillment of the contract, the seller is entitled to postpone delivery for the duration of the hindrance and to withdraw in whole or in part in the event of longer-term delays, without any claims against the seller being able to be derived from this. All events unforeseeable for the seller or those which - even if they were foreseeable - are beyond the seller's sphere of influence and the effects of which on the fulfillment of the contract cannot be prevented by the seller's reasonable efforts are deemed to be force majeure. Any legal claims of the customer remain unaffected.
7) Delay in performance at the request of the customer
If, at the customer's request, the shipment or delivery of the goods is delayed by more than one month after notification of readiness for shipment, the customer can be charged storage fees of 0.5% of the purchase price for each additional month started, but no more than a total of 5% of the purchase price . The contracting parties are free to prove higher or lower damage.
8) Retention of title
8.1 The seller retains ownership of the delivered goods until the purchase price owed has been paid in full. Furthermore, the seller retains ownership of the delivered goods until all of his claims from the business relationship with the customer have been fulfilled.
8.2 If the delivered goods are processed, the seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the seller acquires ownership in the ratio of the invoice value of his goods to that of the other materials. Is in the case of combining or mixing the seller's goods with the customer's thing If this is regarded as the main item, co-ownership of the item is transferred to the seller in the ratio of the invoice value of the seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In these cases, the customer is deemed to be the custodian.
8.3 Items subject to retention of title or rights may not be pledged or assigned as security by the customer. The customer is only permitted to resell as a reseller in the ordinary course of business under the condition that the customer's claims against his customers in connection with the resale have been effectively assigned to the seller and the customer transfers ownership to his customer subject to payment. By concluding the contract, the customer assigns his claims against his customers in connection with such sales to the seller as security, who accepts this assignment at the same time.
8.4 The customer must immediately notify us of access to the goods owned or co-owned by the seller or to the assigned claims. He has to transfer amounts assigned to the seller or collected by him immediately to the seller, insofar as his claim is due.
8.5 If the value of the seller's security rights exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding share of the security rights at the customer's request.
9) Liability for Defects / Warranty
If the purchased item is defective, the statutory liability for defects applies. Notwithstanding this, the following applies:
9.1 Claims for defects do not arise in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable equipment or due to special external influences that are not provided for in the contract. If the customer or third parties make improper changes or repair work, there are also no claims for defects for these and the resulting consequences, unless the customer can prove that the fault complained of was not caused by these changes or repair work.
9.2 In the case of new goods, the limitation period for claims for defects is one year from delivery of the goods. In the case of used goods, the rights and claims due to defects are excluded.
9.3 The limitations of liability and reductions in the limitation period set out above do not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect, as well as
- for the right of recourse according to § 445a BGB.
9.4 In the event of subsequent performance, the seller has the right to choose between repair or replacement delivery.
9.5 If a replacement delivery is made as part of the liability for defects, the limitation period does not begin again.
9.6 If the supplementary performance has been effected by way of a replacement delivery, the customer is obliged to return the first delivered goods to the seller within 30 days. The return package must contain the reason for the return, the customer's name and the number assigned to the purchase of the defective goods, which allows the seller to identify the returned goods. As long as and to the extent that the assignment of the return is not possible for reasons for which the customer is responsible, the seller is not obliged to accept the returned goods and to repay the purchase price. The customer bears the costs of a renewed dispatch.
9.7 If the seller delivers a defect-free item for the purpose of supplementary performance, the seller can claim compensation for use from the customer in accordance with Section 346 (1) BGB. Other legal claims remain unaffected.
9.8 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed in this regard,
- due to mandatory liability such as under the Product Liability Act.
10.2 If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations that the contract gives to the seller based on its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
10.3 Apart from that, liability on the part of the seller is excluded.
10.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
11) Statute of limitations
Claims by the customer against the seller expire - with the exception of the claims regulated under the point "Liability for defects / Warranty" - one year after knowledge of the facts on which the claim is based, but no later than five years after the performance of the service, unless there is unlimited liability in accordance with the above paragraph .
12) retention, assignment
12.1 The customer's rights of retention and refusal of performance are excluded, unless the seller does not dispute the underlying counterclaims or these have been legally established.
12.2 An assignment of claims from the contract concluded with the customer by the customer, in particular an assignment of any claims for defects by the customer, is excluded.
13) Special conditions for the processing of goods according to specific customer specifications
13.1 The customer shall indemnify the seller against claims by third parties which the latter may assert against the latter in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
13.2 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
14) Governing Law, Place of Jurisdiction
14.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
14.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside of the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.