General Terms and Conditions (GTC)
1. Scope
1.1. The following general terms and conditions (GTC) apply to all contracts between Gastro-Tischdecken online, Dr. Gerlinde Lütke Notarp, Lohausweg 30, 48145 Münster (hereinafter: "Seller") and consumers and entrepreneurs (hereinafter: "Customers") with regard to the goods offered by the Seller in the online shop gastro-tischdecken.de. The customer's conditions do not become part of the contract, even if the Seller remains silent on the inclusion declared by the customer or does not expressly object.
1.2. A consumer is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or legally capable partnership who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Conclusion of the Contract
2.1. The presentation of products in the online shop does not constitute a legally binding offer but is an invitation to place an order.
2.2. The customer makes an offer to conclude a purchase contract by submitting the order via the order form integrated into the online shop at the end of the specified order process. To do this, the customer must place the desired item in the "shopping cart," and the subsequent order process is completed by clicking the "Checkout" button. By clicking the "place a binding order" button on the order summary page, the customer submits a legally binding offer to purchase the items in the shopping cart at the specified price plus any other applicable price components, such as shipping costs. All price components and the total order value are displayed to the customer on the order summary page.
2.3. To place a binding order, the customer must first accept the General Terms and Conditions.
2.4. Confirmation of receipt of the order is sent by automated email immediately after the order has been sent. The order is accepted by the seller with the confirmation email and a purchase contract is concluded.
2.5. If the customer selects "PayPal" or "credit card" as the payment method, they will be redirected to the respective payment provider's page before completing the order. Subsequently, to place a binding order, the customer must click the "place a binding order" button on the gastro-tischdecken.de page.
2.6. The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract are carried out by email, partially automated. Therefore, you must ensure that the email address you have provided to us is accurate, that the receipt of emails is technically ensured, and that it is not particularly blocked by spam filters.
3. Seller's right of withdrawal
The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the seller is not responsible for the non-delivery and has exercised due diligence in concluding a specific hedging transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In the event of the unavailability or partial availability of the goods, the customer will be informed immediately, and any payment made will be promptly refunded.
4. Prices and Shipping Costs
4.1. The prices listed in the online shop include the statutory value-added tax (VAT)
4.2. Any additional shipping costs will be specified separately.
4.3. For orders with a total value of 300,00 EUR or more, delivery within the Federal Republic of Germany is free of shipping costs. If the order value falls below 300,00 EUR due to the cancellation of part of the order, the exemption from shipping costs no longer applies.
5. Terms of payment
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are separately itemized during the order process, and must be borne by you, unless free shipping has been promised.
5.3. If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (credit transfer or exchange rate fees), which must be borne by you.
5.4. Any costs incurred for money transfers (bank transfer or exchange rate fees) must be borne by you in cases where delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are listed under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss or deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or person not designated by the seller to carry out the shipment.
If you are a business customer, delivery and shipment are at your risk.
7. Transfer of Risk
The place of performance is the location of the online shop if the customer is not a consumer. If the seller ships goods to customers who are not consumers, the risk passes to the customer upon handing the goods over to the carrier. When the seller ships goods to customers who are business customers, the risk also passes to the customer upon handing the goods over to the carrier. For consumers, the seller bears the risk of damage during transit.
8. Return Shipping Costs in Case of Withdrawal
If the customer exercises their right of withdrawal, they are responsible for the regular return shipping costs unless the delivered goods do not correspond to the ordered items.
9. Warranty
For consumers, the statutory warranty provisions apply. For business customers, the limitation period for claims due to defects in the goods is one year from the transfer of risk. The statutory limitation periods for recourse claims under § 478 of the German Civil Code (BGB) remain unaffected. The same applies in cases of intentional or grossly negligent breach of duty by the seller and in cases of fraudulent concealment of a defect.
10. Retention of title
10.1. For consumers: The goods remain the property of the seller until full payment has been made.
10.2. For business customers: The goods remain the property of the seller until full payment has been made.
Additionally, the seller retains ownership of the goods until all claims arising from the business relationship with the customer have been fulfilled. The customer is not permitted to pledge or assign the goods as security. Resale in the ordinary course of business is allowed on the condition that the customer effectively assigns their claims against their buyers related to the resale to the seller, and that the customer, in turn, sells the goods to their buyer under retention of title. By entering into the contract, the customer assigns their claims related to such resales to their buyers as security to the seller, who simultaneously accepts this assignment.
11. Right of set-off and retention
For business customers: The customer is only entitled to set-off if the counterclaim is undisputed, legally established, or acknowledged by the seller. The right of retention can only be exercised by the customer insofar as it concerns claims arising from the same contractual relationship.
12. Applicable Law
For all legal relationships between the contractual parties, the law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country where the consumer has their habitual residence.
13. Place of jurisdiction
For business customers: If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if the customer’s residence or habitual residence is not known at the time of the legal action. The right to also appeal to a court at another legal place of jurisdiction remains unaffected.
B. Right of withdrawal/customer information
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us (Dr. Gerlinde Lütke Notarp, Lohausweg 30, 48145 Münster, info@gastro-tischdecken.de, telephone: (0251)1445680, fax: (0251) 6743675) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by email).
To meet the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of the cancellation policy.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- To: Gastro-Tischdecken online, Dr. Gerlinde Lütke Notarp, Lohausweg 30, 48145 Münster, info@gastro-tischdecken.de
- I/we (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods (*)< br> - Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notifications on paper)
- Date
(*) Delete what is not applicable
Withdrawal Form (PDF)
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not pre-manufactured and for which the consumer’s individual selection or specification is essential for their manufacture or which are clearly tailored to the personal needs of the consumer.
II. Customer information
1. Identity of the seller
Gastro-Tischdecken online
Dr. Gerlinde Lütke Notarp
Lohausweg 30
48145 Münster
Telephone: 0251/1445680
Fax: 0251/6743675
e-mail: info@gastro-tischdecken.de
Tax number: 336/ 5006/4955
VAT number: DE258802436
2. Essential characteristics of the goods/services
The essential characteristics of the goods/services can be found in the product descriptions. The goods to which the purchase contract relates are listed again in the shopping cart and on the order page.
3. Conclusion of the contract
Section 2 of the General Terms and Conditions explains the conclusion of the contract.
4. Technical steps leading to the conclusion of the contract
4.1. On the overview and product detail pages, the customer can select the respective product to order by clicking the “add to cart” button. Once the customer has added the desired goods to the shopping cart, he or she can view them in the shopping cart. From the “shopping cart” page, the customer can click on the “Continue to next step” button to continue the ordering process. The customer then has the option of logging into their customer account using their user name and password, if this already exists. Alternatively, the customer can open a customer account now or continue with the order as a guest without opening a customer account. After providing personal data and selecting the shipping and payment method, the customer goes to the order overview. On the order overview page, the customer is shown the ordered goods and the final price including shipping costs. The order can only be placed if the customer confirms that they accept the general terms and conditions by clicking on the relevant boxes.
By clicking on the “order for a fee” button, the customer makes a binding contractual declaration.
4.2. If you select the “PayPal” payment option, the customer will be redirected to the “PayPal” page before clicking the “order for a fee” button. Once the payment instruction has been made, the customer will be redirected back to the shop page.
4.3. If you select the “credit card” payment option, the customer will be redirected to the website of the respective credit card provider after clicking the “order for a fee” button. Once the payment instruction has been made, the customer will be redirected back to the shop page.
4.4. The acceptance of the customer's contract offer by the seller takes place in accordance with Section 2 of the seller's general terms and conditions (see above)..
5. Identifying and Correcting Input Errors Before Submitting the Contract Declaration
On the "Cart" page, the customer is shown the quantity and price of the items they have placed in the cart. Before submitting a binding order, the customer has the option to correct any errors by either clicking on the field indicating the order quantity to adjust it or by clicking the "Remove" field to delete items from the cart. After making these changes, the customer must click the "Update Cart" button to save the changes.
6. Storage of the contract text, access to the contract text
After the contract is concluded, the contract text is saved by the seller. The contract text will also be sent to the customer by email at the latest upon acceptance of the offer. If the customer has created a customer account before placing his order, the contract text can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login data.
7. Contract language
The contract language is German.
As of March 14, 2022