These Terms and Conditions (T & C) apply to all deliveries, services and offers of the company DIE RÄUCHEREI GmbH & Co.KG, Klosterhörn 2, 27419 Klein Meckelsen, (hereinafter called "DIE RÄUCHEREI"). They apply to all future business relations, even if they are not expressly agreed again.
2 Offer and conclusion of contract
2.1 All offers and information from DIE RÄUCHEREI are non-binding. Subject to prior sale.
2.2 The order signed by the purchaser shall be binding. When ordering through the Internet, the order will be binding by sending the order form.
2.3 Orders are legally binding after confirmation by DIE RÄUCHEREI. Confirmation can be made written, by email or otherwise. Through the delivery of the goods the order is confirmed.
2.4 Oral Supplements and representations require written confirmation to be legally effective.
3.1 To the extent not otherwise specified or agreed upon as a fixed price, the orders will be calculated on the day of delivery with day prices.
3.2 The online prices quoted are end consumer prices.
3.3 Prices are given in EURO ex works exclusive packaging and shipping. Unless otherwise expressly provided, prices of the offers of DIE RÄUCHEREI include VAT.
3.4 If for deliveries to countries other than the Federal Republic of Germany the German VAT does not apply, prices will be provided as net prices .
4.1 The delivery option is reserved.
4.2 Delivery dates require a written agreement.
4.3 DIE RÄUCHEREI is in case of changing raw material prices able to cancel the contract at any time. DIE RÄUCHEREI is even free to split deliveries into smaller deliveries/parts if it’s reasonable for the customer. Delivery of equivalent products is allowed when contracted products are not available - unless the buyer has expressly rejected this approach in its order.
4.4 If DIE RÄUCHEREI gets in default of delivery, the buyer has to give a reasonable extension.
4.5 The liability for DIE RÄUCHEREI to delay in delivery is excluded, unless intent or gross negligence is the cause of the delay. The onus of proof rests with the buyer. Any further legal claims and rights in addition to a claim for damages and delay caused by DIE RÄUCHEREI, remain unaffected.
4.6 Similarly, the buyer has to fulfill all his obligations properly and on time. In particular, the buyer has to ensure to expect delivery according to the shipping conditions.
5 Dispatch and transfer of risk
5.1 Loading and shipping without insurance at the buyer's risk.
5.2 DIE RÄUCHEREI sends the ordered goods - unless otherwise agreed - if possible on the day of order receipt, no later than the next business day. DIE RÄUCHEREI will only ship from Monday to Thursday to ensure the delivery of fresh food for the weekend.
5.3 The shipping - depending on the weight – is executed with parcel service or freight forwarder solely in Germany, Austria, Switzerland, the Benelux countries or to Denmark, as a guaranteed maintenance of the cold chain can not be heard to other countries.
5.4 The transport costs are calculated from DIE RÄUCHEREI in the amount of the applicable freight rates. Upon delivery to countries other than Germany may be additional taxes duties and / or expenses that are not included in the prices. This buyer has to bear.
5.5. For delivery of goods with dry ice DIE RÄUCHEREI gives a "frost guarantee" for 48 hours of delivery. The buyer is obliged to accept the goods within this warranty period. This guarantee only applies within the Federal Republic of Germany. For international deliveries, the maintenance of the cold chain can not be guaranteed.
5.6 If the customer defaults on acceptance or culpably violates other duties, the buyer has to replace the resulting damages including any additional expenses to DIE RÄUCHEREI.
5.7 If done by incorrect address information the parcel returns, the return shipping costs incurred and a processing fee of € 10.00 will be charged to the customer.
6.1 Payment of residential customers by credit card, PayPal or advance payment. For credit card payment the invoice amount can be paid by the buyer after ordering through an authorized service provider of DIE RÄUCHEREI. When paying via PayPal, the invoice amount will be charged when ordering through PayPal. The customer also has the option to make the invoice amount by cash in advance. In that case, the order will be shipped upon receipt of payment to the customer through DIE RÄUCHEREI.
6.2 Business customers can register, indicating the Registration number and the competent local court as invoice customers.
6.3 Unless otherwise agreed, invoices are net without any deduction plus VAT payable immediately.
4.6 Cash discount is excluded.
6.5 Should the buyer be in default of payment the law applies. In case of delay, DIE RÄUCHEREI is entitled to charge interest at the rate of up to 5% above the rate of the German Bundesbank.
If there is a shortage of the goods ordered legal requirements of § 434 ff BGB apply.
7.1 The Buyer shall inspect the goods upon their receipt immediately for defects in terms of their quality.
7.2 If the delivered item is not in the agreed condition or is not suitable according to the contract, or the use of commonly assumed or it has not the qualities that can be expected by the buyer, DIE RÄUCHEREI has to provide subsequent delivery of conforming goods. If subsequent performance fails twice, the buyer may at this time reduce the purchase price or withdraw from the contract.
7.3 Warranty claims of the buyer due to obvious defects are excluded, if these deficiencies are not displayed within a period of two weeks after receipt of the goods. The revocation period is sufficient to send the defect to the address specified in Clause 1.
7.4 DIE RÄUCHEREI will deal with perishable goods complaints quickly and check if the buyer does this immediately after discovery of the defect, so that DIE RÄUCHEREI can check their eligibility.
7.5 If the Buyer sends the goods without the agreement of DIE RÄUCHEREI back, he shall bear the cost of returning the goods.
8.1 DIE RÄUCHEREI is liable for damages in the event of intent or gross negligence. The onus of proof rests with the seller. A liability for simple negligence only for damages arising from injury to life, limb or health or in the event of a breach of a contractual duty. In this case the liability is limited to typical and foreseeable damages.
8.2 If the liability of DIE RÄUCHEREI is excluded or limited, this also applies to employees, representatives and agents of the company.
8.3 This does not affect strict liability of DIE RÄUCHEREI in operation of law (eg product liability law).
9.1 Until all claims, including all claims from current account, which remains DIE RÄUCHEREI to the buyer now or in the future, the delivered goods (reserved goods) are company property. The buyer may not have the reserved goods.
9.2 Prior to the transfer of ownership of the pledge or assignment is prohibited.
9.3 In case of breach of contract by the buyer - especially in case of default – DIE RÄUCHEREI is entitled to rescind the contract and demand the reserved goods.
10 Data Protection
10.1 In accordance with § 33 of the Federal Data Protection Act, DIE RÄUCHEREI points out that personal data is collected only to the extent and stored in machine-readable form, which is required to enter into this contract, if necessary, to be modified and performed.
10.2 The purchaser is entitled to request at any time about the scope and purpose of the data processing and other recipients of the data. Furthermore, he is entitled to correction, blocking and deletion of data once the purpose-related performance of the contract.
11 Place and Final Provisions
11.1 The buyer may only offset undisputed or legally valid claims. Assignment of claims of the buyer against DIE RÄUCHEREI is prohibited.
11.2 These Terms and Conditions and the entire legal relationship between DIE RÄUCHEREI and the Buyer shall be the law of the Federal Republic of Germany, excluding the CISG.
11.3 Place of performance and jurisdiction for all disputes arising from the contract, directly or indirectly resulting in disputes is the registered office of DIE RÄUCHEREI.
11.4 If any provision in these Terms and Conditions or any provision in any other agreement be or become invalid, then the validity of all other provisions or agreements is still given.