General terms and conditions of business
General Terms and Conditions (GTC) for Alzarro Dönerworld GmbH
Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between Alzarro Dönerworld GmbH, Wiesenring 5, 07554 Korbußen (hereinafter referred to as the "Company") and the customer (hereinafter referred to as the "Customer"), unless expressly agreed otherwise in writing.
1.2 The GTC apply in their current version. Conflicting or deviating terms and conditions of the customer will not be recognized unless the company has expressly agreed to their validity in writing.
Offer and Conclusion of Contract
2.1 All offers from the company are subject to change and non-binding unless expressly marked as binding.
2.2 A contract is only concluded upon the company's written order confirmation or upon delivery of the goods.
Prices and Terms of Payment
3.1 The prices quoted are net ex works plus the applicable statutory VAT.
3.2 Unless otherwise agreed, payments are due within 14 days of the invoice date without deduction. In the event of late payment, the company is entitled to charge default interest at a rate of 9 percentage points above the base interest rate.
3.3 The company reserves the right to adjust prices accordingly if cost reductions or increases occur after the conclusion of the contract, particularly due to collective bargaining agreements or changes in material prices.
Delivery and Shipping
4.1 Delivery shall be ex works at the customer's expense and risk. Transport and packaging costs shall be borne by the customer, unless otherwise agreed.
4.2 Delivery dates or deadlines are only binding if they have been expressly agreed as such. Compliance with the delivery deadline requires the customer to fulfill their contractual obligations.
4.3 In the event of force majeure or other unforeseeable, extraordinary circumstances for which the company is not responsible, the delivery deadline shall be extended accordingly. This also applies in the event of industrial disputes, official measures, operational disruptions, or lack of delivery by upstream suppliers.
Retention of Title
5.1 The delivered goods remain the property of the company until all claims arising from the business relationship have been paid in full.
5.2 The customer is obliged to treat the goods with care and to insure them against theft, damage, and destruction within reasonable limits.
Liability for Defects and Warranty
6.1 The customer must inspect the goods for defects immediately upon receipt and notify the company of any obvious defects in writing within 7 days. Hidden defects must also be reported immediately upon discovery.
6.2 In the event of justified complaints, the company will, at its discretion, repair the goods or provide a replacement. If the repair or replacement fails, the customer may demand a reduction in price or withdraw from the contract.
Liability
7.1 The company is liable without limitation for intent and gross negligence, as well as for the breach of essential contractual obligations (cardinal obligations). In the case of slightly negligent breach of cardinal obligations, the company's liability is limited to foreseeable, contract-typical damages.
7.2 Any further liability of the company is excluded. The limitations of liability do not apply to damages resulting from injury to life, body, or health, or to claims under the Product Liability Act.
Data Protection
8.1 The company processes the customer's personal data in compliance with applicable data protection regulations. Further information can be found in the company's privacy policy.
Final Provisions
9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 The place of performance and jurisdiction is the registered office of the company, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
9.3 Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that most closely approximates the economic purpose of the invalid provision.