Terms and Conditions for Business Customers (B2B)

§ 1 Scope

These general terms and conditions ("B2B Terms") apply to all business relationships between addur — Artur Nikolić, Stromberger Straße 37a, 55444 Seibersbach, Germany ("Seller") and commercial customers ("Buyer") conducted via the online shop gastro-nik.com. These terms apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons who, when concluding the contract, act in the exercise of their commercial or independent professional activity.

Deviating, conflicting or supplementary general terms and conditions of the Buyer only become part of the contract if the Seller has expressly agreed to their application in writing.

§ 2 Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an offer. By placing an order, the Buyer submits a binding purchase offer. The contract is concluded upon the Seller's order confirmation by e-mail or upon delivery of the goods.

For B2B orders placed via the customer account, the company details and conditions stored there apply. The Buyer is obliged to keep its company details (including VAT ID) up to date.

§ 3 Prices and Payment Terms

All prices stated are net prices plus statutory value-added tax. For business customers with a valid VAT ID within the EU, delivery can be made VAT-free upon provision of the VAT ID (intra-Community supply).

Payment options for business customers:

• Prepayment by bank transfer
• Credit card (Visa, Mastercard)

In the event of default of payment, default interest of 9 percentage points above the base rate will be charged in accordance with Section 288 (2) BGB.

§ 4 Delivery and Transfer of Risk

Delivery is made ex warehouse. Shipping is at the Buyer's expense unless otherwise agreed. For orders with a net value of €299.00 or more, delivery within Germany is free of shipping costs.

The delivery time is usually 1–3 working days for goods in stock and 5–10 working days for special orders. Partial deliveries are permitted insofar as this is reasonable for the Buyer.

The risk of accidental loss and accidental deterioration of the goods passes to the Buyer upon handover to the forwarding agent, carrier or other person designated to carry out the shipment.

§ 5 Retention of Title

The delivered goods remain the property of the Seller until full payment of all claims arising from the ongoing business relationship. The Buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. The Buyer hereby assigns to the Seller the claims arising from such resale.

§ 6 Warranty and Liability

Claims for defects require that the Buyer inspects the goods immediately after delivery in accordance with Section 377 of the German Commercial Code (HGB) and reports apparent defects in writing within 5 working days. Hidden defects must be reported immediately upon discovery.

The warranty period is 12 months from delivery. In the case of supplementary performance, the Seller chooses between rectification and replacement delivery. The Seller's liability for slightly negligent breaches of duty is limited to the foreseeable damage typical for the contract, unless the damage results from injury to life, body or health.

§ 7 No Right of Return; Goodwill Returns and Cancellations

Entrepreneurs have no statutory right of withdrawal or return. The return of goods free of defects is excluded. The warranty rights under § 6 remain unaffected.

If, in individual cases, the Seller accepts the return of goods free of defects as a gesture of goodwill, this requires a prior agreement in text form. The goods must be unused, undamaged and in their original packaging. Custom-made products and goods ordered specifically for the Buyer are excluded from return.

For goodwill returns, the Seller charges a handling and restocking fee of 20% of the net value of the goods, at least €50.00. The Buyer remains free to prove that no expense or a substantially lower expense was incurred. The Buyer bears the cost of the return shipment.

The cancellation of bindingly ordered goods prior to delivery requires the Seller's consent. If the goods have already been ordered from the upstream supplier, cancellation is only possible to the extent that the upstream supplier accepts it; the Buyer bears the upstream supplier's cancellation costs.

§ 8 Data Protection

Personal data is processed in accordance with our privacy policy and the provisions of the GDPR. Business customer data is used exclusively for contract processing and customer support.

§ 9 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes is, to the extent legally permissible, the registered office of the Seller. Should individual provisions of these terms be invalid, the validity of the remaining provisions shall remain unaffected.