Terms and Conditions

 

The following General Terms and Conditions (GTC) govern the contractual relationship between ALL IN ONE Gastro e.K. (hereinafter AIO) and the customer. AIO sells catering supplies to commercial customers.

 

1.1 All deliveries and services are made exclusively on the basis of these Terms and Conditions. They are part of all contracts concluded by AIO with customers. They also apply to all future contracts with customers, even if they are not separately agreed again.

1.2 Terms and conditions of customers or third parties do not apply, even if AIO does not expressly object to their validity in individual cases.

1.3 By registering, the customer assures that they are an entrepreneur within the meaning of § 14 BGB and European law provisions and that the goods are used exclusively for business purposes.

1.4 AIO reserves the right to amend these Terms and Conditions in the event of unforeseeable changes that AIO did not cause and over which AIO has no influence, and which significantly disturb the equivalence relationship existing at the time of contract conclusion, provided this is reasonable for the customer. Customers will be informed of the changes immediately. The amended Terms and Conditions will be sent to the customer with the changed sections highlighted. This may also be done by email. If the customer does not object to the amended Terms and Conditions within six weeks of notification, they are deemed approved and also apply to existing contracts. The customer will be specifically informed of this in the notification about the change.

 

2.1 All offers from AIO are non-binding and without obligation unless explicitly marked as binding. They are merely an invitation for the customer to submit an offer to AIO. Information from AIO regarding dimensions, weights, technical data, etc., as well as representations and illustrations, especially on AIO's websites or in catalogs, are also non-binding unless exact conformity is required for the contractually agreed purpose. They do not constitute a guarantee of quality but serve only for description or identification. Commercially customary deviations and those resulting from legal regulations or technical improvements are permitted as long as they do not impair usability for the contractually agreed purpose and are reasonable for the customer. The same applies to the replacement of components with technically at least equivalent parts.

2.2 The contract is concluded as follows: The product catalog displayed on the website does not constitute a legal offer. By placing an order, the customer makes a binding contractual offer. Input errors can be corrected before submitting the order using the usual keyboard and mouse functions. By clicking the order button, the customer submits a binding purchase offer. After AIO receives the customer's offer, the customer receives an automatically generated email confirming receipt of the order and its details. This confirmation does not constitute acceptance of the offer by the seller. A customer's order is expressly accepted by sending a corresponding order confirmation or implicitly by executing the delivery or service.

2.3 AIO reserves ownership or copyright of all submitted offers and cost estimates, as well as other documents provided to the customer, unless a transfer of ownership or corresponding rights has been agreed. The customer may not make these documents accessible to third parties, reproduce, disclose, or use them themselves or through third parties without AIO's consent. The customer is obliged to return these documents to AIO upon request and destroy any copies made if they are no longer needed within the business relationship.

2.4 We do not store the contract text.

 

3.1 All prices are in EUR ex works, including packaging and statutory VAT; for export deliveries, customs duties, fees, and other public charges are added. For deliveries within Germany, no additional shipping costs apply for orders over €70.00 (for islands and mountain stations, free to mainland station/base station). Shipping costs for other European countries are charged based on actual expenses.

3.2 If the delivery date is more than four months after the contract conclusion, AIO is entitled to reasonably increase the prices and adjust them to changed cost bases (materials, wages, etc.). The prices valid on the delivery date then apply.

3.3 Payment can be made optionally via Paypal, credit card, AmazonPay, or invoice.

3.4 Set-off against payment claims of the customer or withholding of payments due to such claims is only permitted with undisputed or legally established claims.

3.5 If circumstances become known after the conclusion of the contract that are likely to significantly reduce the customer's creditworthiness and endanger the payment of outstanding claims from the respective contractual relationship, AIO is entitled to provide the outstanding deliveries and services only against advance payment or security.

 

 

4.1 Unless the parties agree otherwise, the place of performance for all obligations under the contractual relationship is the registered office of AIO.

4.2 The method of shipment and packaging are at AIO's reasonable discretion.

4.3 The risk passes to the customer upon handover of the delivery item to the carrier, freight forwarder, or any other third party designated to carry out the shipment. This also applies if partial deliveries are made or the seller has undertaken other services (e.g., installation). If the shipment is delayed due to circumstances for which the customer is responsible, the risk passes to the customer at the time AIO is ready for shipment and has notified the customer.

4.4 Storage costs after the transfer of risk are borne by the customer. If storage is carried out by AIO, the storage costs amount to 0.25% of the invoice amount of the items to be stored per elapsed week. The assertion and proof of further or lower storage costs remain reserved.

 

 

5.1 Deliveries are made ex works (EXW) according to Incoterms 2010. It is expressly agreed that the delivery will be carried out by a transport company selected and commissioned by the seller. It is expressly agreed that the transport company only delivers to the curbside.

5.2 Without prejudice to its rights due to the customer's default, AIO may demand an extension of the delivery and performance deadlines by the period during which the customer fails to fulfill their contractual obligations. If the customer cannot or does not want to accept the goods at the agreed time, AIO may separately charge the customer for all additional costs arising from the delay in acceptance. In case of non-fulfillment of the order for reasons attributable to the customer, 30% of the order value shall be agreed as compensation for damages. The customer reserves the right to prove that no damage or significantly less damage has occurred to us due to the non-fulfillment.

5.3 AIO is not liable for the impossibility of delivery or service or for delivery delays if these are caused by force majeure or other events unforeseeable at the time of contract conclusion for which AIO is not responsible. If such events significantly hinder or make delivery or service impossible and the obstruction is not only temporary, AIO is entitled to withdraw from the contract. For obstructions of only temporary duration, delivery or service deadlines are extended or delivery or service dates postponed by the duration of the obstruction plus a reasonable start-up period.

5.4 If the delay makes acceptance of the delivery or service unreasonable for the customer, they may withdraw from the contract by immediate written declaration to AIO.

5.5 AIO is entitled to make partial deliveries, provided that this does not cause the customer significant additional effort and/or extra costs, the partial delivery is usable for the customer within the scope of the contractual purpose, and the delivery of the remaining ordered goods is secured.

5.6 The customer is obliged to have any visible transport damage immediately certified by the carrier upon receipt in order to assert claims for compensation against the carrier. AIO will assist the customer in handling transport damage claims. Damage not visible externally must be reported to the carrier by phone and in writing as soon as it is known. The customer is solely responsible for meeting deadlines and handling the transport damage. As the recipient, the customer is entitled to assert claims against the carrier under the freight contract according to § 421 HGB in their own name.

 

6.1 The warranty period is one year from delivery.

6.2 The delivered items must be carefully inspected immediately after delivery to the customer or to a third party designated by them, in accordance with § 377 HGB. They are considered approved if AIO does not receive a complaint about obvious or other defects that were detectable during an immediate and careful inspection, promptly after delivery of the goods or otherwise immediately after the discovery of the defect or the time at which the defect was recognizable to the customer during normal use of the goods without closer examination, in written form.

6.3 At AIO's request, the complained item must be returned to them freight-free. In the case of a justified defect complaint, AIO reimburses the cost of the cheapest shipping method. This does not apply if the costs increase because the item is located at a place other than the place of intended use.

6.4 In the case of material defects, AIO is initially obliged and entitled to subsequent performance at its discretion, either by repair or replacement. Subsequent performance is considered failed after the second unsuccessful attempt. In the event of failure, impossibility, unreasonableness, refusal, or unreasonable delay of repair or replacement, the customer may withdraw from the contract or reduce the purchase price appropriately. If an inspection of the goods conducted as part of the defect complaint reveals that the complaint was unjustified, we are entitled to charge a customary fee for the inspection of the goods as well as the shipping costs.

6.5 The warranty claim is void if the customer modifies the purchased item without the express consent of AIO or has it modified by third parties, and the defect repair is thereby made impossible or unreasonably difficult. In any case, the customer must bear the additional costs of defect repair caused by the modifications.

6.6 Any necessary connection to supply lines (electricity, water, steam, wastewater, hot water, gas, etc.) must be arranged by the buyer at their own expense and may only be carried out by licensed local electricians or installers. If a defect is due to improper installation, the warranty claim against AIO is void.

6.7 Delivery of used items is made excluding any warranty.

6.8 If the manufacturer of the delivery item grants a longer warranty period or a guarantee, we assign our rights arising from this to the orderer/buyer already upon purchase.

6.9 Otherwise, clause 7 of this contract applies.

 

7.1 Liability for damages to legal interests other than life, body, or health is excluded, unless the damages are based on intentional or grossly negligent behavior by AIO, one of its legal representatives, or one of its vicarious agents, and the behavior does not constitute a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user can regularly rely.

7.2 In any case, the user is also obliged to mitigate damages. This includes timely notification of damages as part of further damage minimization.

7.3 If AIO is liable for the loss of data that the customer has stored on the website, AIO’s liability is limited to the extent that the customer has taken all necessary and reasonable data backup precautions and ensured that the data can be reconstructed from data material provided in machine-readable form with reasonable effort.

7.4 The aforementioned exclusions and limitations of liability also do not apply in the case of AIO’s explicit guarantees, as well as claims due to missing guaranteed characteristics or claims under the Product Liability Act.

 

8.1 The goods delivered by AIO to the customer remain the property of AIO until full payment of all secured claims. The goods as well as the goods that replace them under this clause and are subject to the retention of title are hereinafter referred to as reserved goods.

8.2 The customer stores the reserved goods free of charge for AIO.

8.3 The customer is entitled to process and sell the reserved goods in the ordinary course of business until the realization event occurs. Pledges and security transfers of ownership are not permitted.

8.4 If the reserved goods are processed by the customer, the processing is carried out on behalf of and for the account of AIO, and AIO immediately acquires ownership or – if the processing is done from materials of several owners or the value of the processed item is higher than the value of the reserved goods – co-ownership (fractional ownership) of the newly created item in proportion to the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership by AIO occurs, the customer hereby transfers their future ownership or – in the above-mentioned proportion – co-ownership of the newly created item as security to AIO. If the reserved goods are combined or inseparably mixed with other items to form a single item and one of the other items is to be regarded as the main item, AIO transfers to the customer, to the extent that the main item belongs to AIO, co-ownership of the single item in the proportion stated in sentence 1.

8.5 In the case of resale of the reserved goods, the customer hereby assigns as security the resulting claim against the buyer – in case of AIO's co-ownership of the reserved goods, proportionally according to the co-ownership share – to AIO. The same applies to other claims that replace the reserved goods or arise in connection with the reserved goods, such as insurance claims or claims from unlawful acts in case of loss or destruction. AIO authorizes the customer revocably to collect the claims assigned to AIO in their own name on behalf of AIO. AIO may only revoke this collection authorization in the realization case.

8.6 If third parties access the reserved goods, especially by seizure, the customer must immediately inform them that the goods are the property of AIO and notify AIO to enable enforcement of its ownership rights. If the third party is unable to reimburse AIO for the resulting judicial or extrajudicial costs, the customer is liable to AIO for these costs.

8.7 AIO will release the reserved goods as well as the items or claims replacing them upon request at its discretion, provided their value exceeds the amount of the secured claims by more than 10%.

8.8 If AIO withdraws from the contract due to the customer's breach of contract – especially payment default – (realization case), AIO is entitled to demand the return of the reserved goods.

 

9.1 If AIO expressly agrees to the cancellation of a binding order, the customer must pay 30% of the order amount, even if we do not explicitly repeat this upon cancellation. The same applies if the customer does not fulfill the contract and in case of withdrawal. If the delivery item has already been delivered, the flat rate increases by the costs of transport and processing. Claiming higher damages is not excluded. The customer is entitled to prove that we have incurred a lower loss.

 

10.1 AIO offers the payment method "purchase on account" (purchase on invoice) for customers. In this case, a claim assignment is made to the bank PAYONE GmbH (hereinafter "Bank").

10.2 Purchase on account is only available to consumers aged 18 and over. The customer can use this service to buy goods online and only has to pay after actually receiving the goods and the invoice.

10.3 The purchase contract for the goods is concluded exclusively between the customer and AIO. The processing of the purchase contract is also determined by the agreements the customer makes with AIO. In particular, AIO remains responsible for general customer inquiries (e.g., about goods, delivery time, shipping), returns, complaints, warranty claims, any contract withdrawals, and credit notes. If the customer chooses to purchase on account, these conditions under point 10 apply in addition to the agreements and the Terms and Conditions you agree with AIO as part of the purchase contract.

10.4 To process a purchase on account, AIO will assign our claim for payment of the purchase price against the customer to the bank. The customer is hereby informed of this assignment of claim. All payments must be made exclusively to the bank to the account communicated to the customer for this purpose in order to be legally effective. The goods remain the property of the bank until full payment is made.

10.5 If the customer withdraws from the purchase contract due to a special agreement with AIO or due to legal provisions, returns the goods, asserts a price reduction, or has other reasons not to pay in whole or in part, the bank will in this case transfer the claim against the customer back to AIO. A final agreement on payment or the reversal of the transaction must then be made with AIO.

10.6 For late payments, default interest at the agreed rate as well as costs for appropriate reminders will be charged for invoice purchases. If internal dunning procedures are unsuccessful, the bank may hand over the outstanding claim to a collection agency. In this case, the customer may incur costs for legal enforcement by collection agencies and possibly for legal representation.

 

11.1 The legal relations between the customer and AIO are exclusively subject to German law, excluding the provisions of the UN Sales Convention. In addition, the Incoterms 2012 of the International Chamber of Commerce Paris apply.

11.2 AIO may name the customer as a reference customer after the contract is concluded. AIO has the right to use the customer's name as a reference for advertising purposes. This also applies to advertising on the internet. Press releases additionally require the consensual coordination of the text.

11.3 The place of performance and exclusive jurisdiction for all disputes arising from the business relationship between AIO and the customer is Weilheim in Upper Bavaria.

11.4 Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining Terms and Conditions shall not be affected.

 

 

Status: 08/17/2021