General Terms & Conditions

The General Terms and Conditions can be downloaded as a PDF.

 

1. Application

These General Terms and Conditions shall apply to deliveries, services and offers from the online shop of Käfer Service GmbH, Heimstettener Straße 1, 85599 Parsdorf, Germany (referred to hereinafter as "Käfer") for trade fair gastronomy on the trade fair grounds (halls and ICM) in Munich.

2. Conclusion of contract

2.1 The Buyer shall be bound to its order for a period of two weeks.
2.2 Orders shall only become legally valid upon confirmation by Käfer. The confirmation may be given in writing, by e-mail or in another form. The order shall also be deemed to have been confirmed through the delivery of the ordered goods or the
performance of the service.
2.3 When alcoholic drinks are ordered, the customer confirms with the submission of the order that he has attained the legally required minimum age and furthermore undertakes to ensure that either he or another person of full age authorised by him will receive the goods.

3. Terms of cancellation

3.1 Right of cancellation
A Buyer who is classed as a consumer has the following right of cancellation when a long-distance selling contract has been concluded. You have the right to cancel this contract within 14 days without stating the reasons. The cancellation period shall have a duration of 14 days, beginning on the day on which you or a third party appointed by you, who is not the carrier, have or has taken possession of the goods. In the event that a standardised order has been placed for the separate delivery of several goods, the period shall begin on the day on which you or a third party appointed by you, who is not the carrier, takes possession of the last item delivered.
To exercise your right of cancellation, you must notify us

Käfer Service GmbH,
Heimstettener Straße 1
85599 Parsdorf
Tel.: +49 (0)89/ 949 242 00
Fax.: +49 (0)89/ 949 242 09
messe.catering@feinkost-kaefer.de

by sending a clear declaration (e.g. in a letter sent by post, a fax or an e-mail), stating your decision to cancel this contract. You may use the sample cancellation form if you wish, though this is not compulsory.
Notification of the fact that you will be exercising your right of cancellation shall be deemed to have been duly submitted within the cancellation period if it is sent before the expiry thereof.

3.2 Consequences of cancellation
Should you cancel this contract, we shall reimburse you for all payments received from you, including delivery costs (with the exception of additional costs due to your selection of a different form of delivery than the low-priced standard delivery service
we offer), without undue delay and no later than within 14 days of the day on which we received notification of your cancellation of this contract. We will use the same means of payment for this reimbursement that you used for the original transaction, unless a different means of payment was expressly agreed with you. Under no circumstances will you be charged any fees for this reimbursement. We shall be entitled to refuse to reimburse you until we have either received return delivery of the goods or until you have furnished proof that you have returned them, whichever event occurs first.
You shall return or hand over the goods to us without undue delay and in any event no later than within 14 days of the day on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatched the goods before the expiry of the 14-day period. You shall cover the direct costs of returning the goods.
If, due to their nature, the goods cannot be returned to us by post in the normal manner, you shall cover the direct costs of returning the goods. The costs are estimated to amount to a maximum of EUR 20.00 within Germany and to a maximum of EUR 60.00 when sent from another EU country.
You shall only be liable to compensate for any loss in value of the goods if this loss in value is attributable to an unnecessary act performed by you in order to inspect the condition, features and functions of the goods.

End of information on terms of cancellation

4. Exclusion of right of cancellation

You shall not be entitled to exercise your right of cancellation if

  • the goods are not pre-fabricated and their production is significantly based on an individual selection or determination by the Buyer or
  • the goods were clearly tailored to the personal requirements of the Buyer or
  • the goods may perish rapidly or their "best before" date would rapidly expire
  • the goods are delivered sealed and, in cases where the seal was removed after delivery, are not suitable for return due to health or hygiene considerations, or
  • in the case of alcoholic drinks whose price was agreed at the time of concluding the contract, but which could not be delivered until 30 days after conclusion of the contract at the earliest and whose current value depends on market fluctuations over which Käfer has no influence or
  • in the case of contracts for the delivery od food and drinks or on the performance of other services in connection with leisure activities, if the contract designates a specific date or period for the performance. This exception shall not apply to contracts on travel services according to § 651 a of German Civil Code (BGB), if they were concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted on the basis of previous orders by the Buyer.

5. Delivery costs

5.1 For the delivery to and transport from from the trade fair booth, the one-off delivery fee shall amount to EUR 60.00 net per delivery day, regardless of the number of deliveries. If the order is placed earlier than nine days before the delivery date, the oneoff delivery fee per delivery day shall amount to EUR 30.00 net. In the case of deliveries of crockery, glasses and cutlery, an additional one-off service fee of EUR 127.50 net shall be charged.

5.2 The goods shall be delivered by Käfer exclusively to the trade fair booth inside the exhibition hall which is designated by the Buyer at the time of ordering. In the case of booths with several storeys, the goods shall be delivered on the ground floor. Any delivery arrangement which deviates from the above must be agreed separately. On request, Käfer will draw up an appropriate special offer.

5.3 Deliveries in conference rooms in the ICM or at other locations on the trade fair grounds other than in the exhibition halls shall be excluded from the delivery service. Such deliveries must be agreed separately. On request, Käfer will draw up an
appropriate special offer.

5.4 Käfer shall always endeavour to adhere to the time frame for delivery and return transport specified by the Buyer upon placing the order. In individual cases, e.g. when trade fair halls are overcrowded and access is obstructed, minor deviations from this time frame can occur. Insofar as Käfer is not responsible for a non-adherence to the delivery and return transport times, this shall not constitute a defect in the service.

5.5 Should a Buyer only order personnel, no delivery costs shall be charged.

6. Number of participants

If a service by Käfer is calculated per person, the Buyer shall be obliged to bindingly inform Käfer of the precise number of participants and the definitive selection of food and beverages in written form by no later than seven working days prior to the event or delivery. All services calculated per person are charged on the basis of the last number of participants stated within the above deadline, or, if no number is named within the deadline, on the basis of the number stated in the reservation or booking.
These details shall constitute guaranteed contents of the contract and shall be taken into account accordingly in the final statement of account. Orders of food, beverages, additional material, personnel etc. beyond this shall be calculated separately on the basis of Käfer's list prices.

7. Loss or damage of rented property

For items that are provided for rent or on loan, the Buyer shall be obliged to exercise a duty of care until such time as the items are returned. In the case of damage or loss for which the Buyer is responsible or which can be attributed to him, including but not limited to damage or loss caused by his employees or guests, the costs of replacement or repair shall be charged to him. The customer shall be entitled to furnish proof of the fact that no damage was caused or that a lower amount of damage was caused. In this case, the Buyer's duty to compensate the damage shall be confined to the sum he has proven to be accurate.

8. Payment

8.1 For orders with a billing address within Germany and an estimated net order value in excess of EUR 3,000, advance payment amounting to 75 % of the total cost is due. The amount / the remaining balance is due for payment within 10 days from invoicing without any deduction. Payment by way of direct debit from a credit card is also possible.

8.2 For orders with a billing address outside Germany, advance payment amounting to 100 % of the total order value is due. The invoice is sent to the customer prior to the start of the event. Payment is to be made by credit card or bank transfer. – Subsequent billings at the end of the event are due with immediate effect upon invoicing. – Should the advance payment exceed the amount set out in the final invoice issued at the end of the event, a refund will be paid to an account to be stated by the customer.

8.3 We require the customer’s credit card details as a guarantee of order. Only in cases where payment is not made within a period of 14 days of receipt of invoice will the amount due be charged to the customer’s credit card.

8.4 The customer is to provide us with the correct billing address when ordering. A handling fee of EUR 25 plus VAT will be charged for the re-issuing of an invoice to a corrected billing address (name, order number and/or address).

8.5 In case of delayed payment Käfer Service GmbH reserves the right to claim statutory default interest.

9. Replacement with similar goods, changes in vintage and product images

9.1 Käfer reserves the right to replace individual goods with an identical quantity of similar goods insofar as the originally intended goods are not available. In the case of wines, changes in vintages are possible.

9.2 It is furthermore possible that decorative items may additionally appear in product images; these are only to be seen as decorations and shall not be included in the scope of supply of the ordered item.

10. Dispatch and transfer of risk

10.1 The risk shall be transferred to the Buyer as soon as he takes possession of the purchased items in cases where the Buyer is in default of acceptance. The rights and duties of the contracting parties shall be governed by Sec. 446 of German Civil Code (BGB).

10.2 At the request of the Buyer, deliveries will be insured in his name and for his account.

11. Warranty

11.1 The Buyer shall inspect the delivered goods upon receipt for obvious and identifiable defects with respect to their condition and notify Käfer of any defects discovered. This shall not affect the warranty rights of the Buyer.

11.2 If the item supplied does not have the agreed properties or if it is unsuitable for the use designated in the contract or for general use, or if it does not have the features which public statements made by Käfer would lead the Buyer to expect, Käfer shall, on principle, render supplementary performance by subsequently delivering a defect-free item. Multiple subsequent deliveries shall be permissible. Should a second supplementary performance fail, the Buyer may chose to either reduce the purchase price by an appropriate sum (price reduction) or declare the cancellation of the contract (rescission).

11.3 In the case of perishable goods, Käfer will only be able to process complaints swiftly and unbureaucratically if the Buyer asserts his claim immediately after discovering the defects, so that Käfer can investigate whether the complaint is justified.

11.4 In the case of wines, natural precipitation such as crystallisation, tartar or deposits shall not constitute deviations from the contractually specified scope of services and shall hence not constitute defects. All orders are subject to changes in vintage, incorrect price details and mix-ups of images.

11.5 Insofar as the Buyer is a consumer, the warranty period shall be two years from delivery of the goods. Insofar as the Buyer is a merchant, legal entity under public law or public-law special fund, the warranty period shall be one year from delivery of the goods.

12. Prices

12.1 The prices quoted by Käfer in the online shop may deviate from the price details quoted by other companies in the Käfer Group. This shall apply, in particular, with regard to the prices in the retail outlets of Feinkost Käfer GmbH and Käfer Delikatessen Markt GmbH.

12.2 Prices shall be stated in euros. Unless expressly provided otherwise, the prices specified in Käfer's offers shall include statutory value-added tax in the amount of 7% and 19%, the tax on sparkling wines and ordinary packaging. The delivery costs shall be based on Art. 5. of these General Terms and Conditions.

12.3 Personnel must be booked for a minimum duration of four hours and may be booked for a maximum of ten hours per day. Should personnel be required for less than four hours or for less than the number of hours booked, payment shall nonetheless be due and payable for the full four hours or the booked number of hours respectively.
Should personnel be required for longer than the time booked when placing the order, the hourly rate quoted in the price list or the online shop shall be charged per employee for each hour of work commenced.

12.4 Should the period between the time of concluding the contract and the delivery date or the start of the event exceed four months, Käfer reserves the right to make appropriate price adjustments, insofar as this can reasonably be expected of the Buyer.
Such a price adjustment can only be made due to circumstances which would decrease Käfer's profit margin, were the prices to remain the same (including but not limited to increases in production and personnel costs, rises in purchasing prices or an increase in statutory value-added tax). If, in concluding the contract, the Buyer is pursuing his commercial or self-employed business activity (entrepreneur), the statutory value-added tax can be adjusted whenever the applicable rate changes.

13. Liability

13.1 Insofar as the Buyer is a consumer, Käfer's liability shall be limited, in the case of slightly negligent breaches of duty, to direct average damage which is typical under this kind of contract and forseeable for the type of goods involved. This shall also apply to slightly negligent breaches of duty by the personnel, employees, representatives and vicarious agents of Käfer.

13.2 Insofar as the Buyer is an entrepreneur, a legal entity under public law or a publiclaw special fund, damages claims shall be excluded regardless of the nature of the breach of duty, including unlawful acts, except in cases of intentional or grossly negligent acts. In the case violations of material contractual obligations, Käfer shall be liable for each case of negligence, but only up to the amount of the forseeable damage.
Claims cannot be asserted for lost profits, for saved expenses, on the basis of third-party damages claims or for any other indirect and consequential losses, unless a characteristic warranted by Käfer was intended to protect the Buyer from such losses.

13.3 Insofar as Käfer's liability is excluded or limited in accordance with Art. 13.2, this shall also apply to personnel, employees, representatives and vicarious agents of Käfer.

13.4 The limitations and exclusions of liability in accordance with Art. 13.1, 13.2 and 13.3 shall not apply to claims which arise due to malicious behaviour on the part of Käfer, to liability for warranted characteristics, to claims pursuant to Product Liability
Law nor to damages arising from death, personal injury or health impairment.

14. Retention of title

14.1 Käfer shall retain title to the supplied goods (the goods subject to retention of title) until all accounts receivable due to Käfer from the Buyer on the basis of this legal transaction have been settled. The Buyer may not sell the goods subject to retention of title or otherwise dispose of them.

14.2 In the case of seizure of the goods subject to retention of title by a third-party particularly by levy of execution the Buyer shall indicate that the goods are the property of Käfer and notify Käfer without undue delay so that it can assert its property
rights. Insofar as the third party is unable recompense Käfer for the judicial or extrajudicial charges incurred in this context, the Buyer shall be liable for such costs.

14.3 If the Buyer acts in breach of the contract including but not limited to default in payment Käfer shall be entitled to rescind the contract and demand the return of the goods subject to retention of title.

15. Dispute resolution before a consumer arbitration board

Platform of the EU Commission for online dispute resolution:
www.ec.europa.eu/consumers/odr
Under the German Consumer Dispute Resolution Law (VSBG) Käfer is not under any professional or legal obligation to participate in dispute settlement proceedings before a consumer arbitration board. Participation in such proceedings is voluntary. Käfer hereby declares that it is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

16. Data protection

16.1 In accordance with Sec. 33 of the German Federal Data Protection Act (BDSG) Käfer points out that, for the purposes of this contract, personal data shall only be collected and stored in a machine-readable form to the extent required in order to enter into, amend and execute this contract.

16.2 The Buyer shall be entitled to request, at any time, information on the extent and purpose of data processing and on any further recipients of the data. He shall furthermore be entitled to correct, block and delete his data following fulfilment of the purpose of the contract.

17. Final provisions

17.1 The Buyer may only offset legally binding or undisputed claims against claims of Käfer. The assignment of receivables due to the Buyer from Käfer shall not be permissible.

17.2 The Law of the Federal Republic of Germany shall govern the entire legal relationship between Käfer and the Buyer. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not be applicable.

17.3 Insofar as the Buyer is a merchant, legal entity under public law or a public-law special fund, Munich shall be the sole venue for all disputes arising directly or indirectly from the contractual relationship.

17.4 Should any provision of these General Terms and Conditions or a provision within the framework of other agreements, be or become invalid, this shall not affect the validity of the remaining provisions or agreements.

 

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