Terms of service
General terms and Conditions
1. Scope of application
The following GTC apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes which are largely not attributable to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal entity who acts in the performance of his or her commercial or self-employed activity when concluding a legal transaction.
These GTC also apply to entrepreneurs for future business relations, without any further reference to them. If the contractor uses contradictory or supplementary general terms and conditions, the validity of the contract is hereby contradicted; They become part of the contract only if we have expressly agreed to them.
2. Contracting Parties, conclusion of contract
The purchase contract is concluded with Gastrobedarf Westerbarkey GmbH.
By setting the products in the online shop, we provide a binding offer for the conclusion of the contract on these articles. You can first add our products to the shopping cart without obligation and correct your entries before submitting your binding order at any time by using the proofing tools provided and explained in the order process. The contract is concluded by clicking on the Order button to accept the offer via the goods contained in the shopping cart. Immediately after the order has been sent, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We will save the contract text and send you the order data and our terms and conditions by e-mail. You can also view the terms and conditions here on this page at any time. Your past orders are no longer accessible via the Internet for security reasons.
4. Terms of delivery
In addition to the stated product prices, shipping costs are also added. You can find out more about the amount of shipping costs at the offers.
You basically have the possibility of picking up at Gastrobedarf Westerbarkey GmbH, Ham Road 10, 33415, Germany/NRW on the following business hours: Mo.-Fr. 8-18 pm or Sat. 8-12 pm.
In our shop you can always use the following payment methods:
If you choose the payment method in advance, we will call you our bank details in separate e-mail and deliver the goods after receipt of payment.
PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your Access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is automatically carried out by PayPal immediately thereafter. Further information is available on the order process.
PayPal Express: 0 percent of the purchase price is charged.
As part of the payment service PayPal plus we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the payment method PayPal, you need to be able to pay the invoice amount, be registered there or register and legitimize with your access data. The payment transaction is automatically carried out by PayPal immediately after the payment order has been confirmed. Further information is available on the order process.
If you have chosen the payment method credit card, you must not be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimacy as a legitimate cardholder by your credit card company upon request of PayPal and debit your card. Further information is available on the order process.
If you have chosen the payment method debit, you must not be registered with PayPal in order to be able to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account load (so-called prenotification). By submitting the direct debit mandate immediately after the payment order has been confirmed, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is charged. Further information is available on the order process.
After placing the order you will be transferred to the online provider's website immediately. In order to be able to pay the invoice amount via bank transfer, you must have an online banking account with pin/tan procedures unlocked to participate in the direct transfer, legitimize and confirm the payment order to us. Further information is available on the order process. The payment transaction is immediately
Bank transfer and your account is charged.
Cash on Pickup
You pay the invoice amount at the pickup bar.
6. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, we reserve the right to retain ownership of the goods until all claims arising from a current business relationship are fully covered. You may continue to sell the reserved goods in the ordinary course of business; All receivables arising from this resale occur – irrespective of a connection or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You will remain authorized to collect the receivables, but we may also collect claims ourselves if they do not meet your payment obligations.
7. Transport damage
For consumers, the following applies:
If goods are delivered with obvious transport damage, please contact the carrier immediately as soon as possible and please get in touch with us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have delivered the goods to the shipper, the carrier or the other person or institution designated for the execution of the shipment. In the case of merchants, the obligation to investigate and to reprimand is governed by § 377 HGB. If the advertisement is not regulated there, the goods shall be deemed to have been approved, unless it is a defect which was not apparent during the investigation. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
The statutory right of defects shall apply. Information on any additional warranties and their exact conditions can be found in the product and on special information pages in the online shop.
9. Dispute resolution
The European Commission is providing a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/.
We are not obligated or willing to participate in a dispute settlement procedure before a consumer conciliation.
10. Final provisions
If you are an entrepreneur, German law is applicable to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, legal entity of public law or special assets under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
GTC created with the trusted shops legal copywriter in cooperation with wild bow Solmecke Lawyers