Terms of service
General terms and conditions
Terms of Service
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Gastrobedarf Westerbarkey GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data and our terms and conditions in text form. You can see the contract text in our customer login.
4. Terms of delivery
In addition to the specified product prices, shipping costs are added. You can find out more about the shipping costs from the offers.
You have the option of picking up at Gastrobedarf Westerbarkey GmbH, Schinkenstr., 10, Verl, Germany during the following business hours: Mon. 8 a.m. - 6 p.m. / Sat 8 a.m. - 12 p.m.
The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method prepayment, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
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 instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
As part of the PayPal Plus payment service, we offer 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 instruction to PayPal.
If you have chosen PayPal as the payment method, you must be registered there in order to pay the invoice amount, or you must first register and authenticate with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal 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 legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card will be charged. You'll get more information during the ordering process.
Right away by Klarna
After placing the order, you will be forwarded to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN / TAN procedure that has been activated to participate in Sofort, legitimize yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to be able to process the order process via Amazon and pay the invoice amount, you must be registered there or first register and authenticate with your access data. There you can choose the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online shop, where you can complete the ordering process.
Immediately after placing the order, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You'll get more information during the ordering process.
You pay the invoice amount after receipt of the goods and the invoice by transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
Cash on pickup
You pay the invoice amount in cash upon collection.
6. Right of withdrawal
You have the legal right of withdrawal, as described in the cancellation policy.
7. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice - regardless of a connection or mixing of the reserved goods with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. The obligation to inspect and give notice of defects, which is regulated in § 377 HGB, applies to merchants. If you omit the notification regulated there, the goods will be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.
9. Warranties and guarantees
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Protection of minors & sale of alcohol
In accordance with the Youth Protection Act, we only deliver alcoholic beverages to people who have reached the age of 18. We reserve the right to request proof of age from you (e.g. by copying your ID). By accepting the terms and conditions by submitting your order, you also declare that you are of legal age and fully legally competent and that all age, name and address details are correct.
As a customer, you are obliged to ensure that only you or a person of legal age authorized by you can receive the goods. Insofar as you, as a person under the age of 18, place orders stating the wrong facts and / or without the approval of your custodian or legal guardian, we hereby cancel these contracts as a precautionary measure in accordance with § 109 BGB.
Upon delivery of the goods, an additional age check can be carried out by the logistician, provided that the person who receives the delivery provides reason for this. The ordered goods are not delivered to anyone under the age of 18. If the delivery cannot be handed over at the front door as a result of the age check, you must bear the additional costs for returning the order.
12. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN sales law.
If you are a businessman within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
AGB created with the Trusted Shops legal text in cooperation with Wilde Beuger Solmecke Rechtsanwälte.