CGV

General Terms and Conditions

DelikatessenWinkel GbR
Partners: Alexandra Hofmann, Andreas Hofmann, Christian Hofmann

Industriestr. 15
70565 Stuttgart

1. Scope

1.1. Our General Terms and Conditions (GTC) apply exclusively; any conflicting or deviating terms and conditions of the customer shall not be recognised, unless we have expressly agreed to their validity.

1.2. Our GTC shall also apply if we perform the service unconditionally while being aware of the customer’s conflicting or deviating terms and conditions.

1.3. These GTC apply exclusively to entrepreneurs as defined in Section 14 of the German Civil Code (BGB).

2. Offer and Conclusion of Contract, Minimum Order Value

2.1. Our offers are non-binding and do not constitute a binding offer.

2.2. The customer’s order constitutes a binding offer to conclude a contract.

2.3. We are entitled to accept this offer from the customer within one working day for orders placed via https://shop.delikatessenwinkel.de, otherwise within three working days. Acceptance shall occur through an explicit declaration to the customer.

2.4. Should we accept the offer under modified conditions, e.g. at a different price, such acceptance shall be considered an offer to conclude a modified contract. The customer shall then have the option to accept this offer within 3 working days. The same applies if we accept the offer only after expiry of the acceptance period stated in clause 2.3.

2.5. The automatically generated email confirming receipt of the customer’s order does not yet constitute contractual acceptance, but merely serves to fulfil our information obligations regarding the receipt of the order. This does not apply if the email already contains an explicit declaration of acceptance.

2.6. For orders with delivery to third parties, the ordering party shall be deemed the customer, unless otherwise expressly agreed.

2.7. The minimum order value for initial orders is EUR 350.00. An initial order in this sense is any order where the customer has not placed an order within the last 3 years prior to receipt of the current order.

3. Delivery

3.1. Unless otherwise agreed, delivery shall be ex works.

3.2. If the goods are dispatched at the customer’s request, the risk shall transfer to the customer upon handover to the carrier, freight forwarder, or other person or company designated to execute the shipment.

3.3. In the event of delivery by request of the customer, the following shall apply:

3.3.1. Deliveries within the Federal Republic of Germany shall be free of additional shipping costs for a net goods value of EUR 350.00 (mainland) or EUR 600.00 (island deliveries).

3.3.2. For deliveries within Germany below the net goods values mentioned in clause 3.3.1, a shipping flat rate of EUR 7.50 net (mainland) or EUR 13.00 (island deliveries) per package shall apply. One package contains up to 30 kg of goods.

3.3.3. Deliveries to Austria shall be free of additional shipping costs for a net goods value of EUR 750.00.

3.3.4. For deliveries to Austria below the net goods value mentioned in clause 3.3.3, a shipping flat rate of EUR 15.00 net per package shall apply. If the delivery comprises more than one package, we will inform the customer of the total number of packages before dispatch. One package contains up to 30 kg of goods.

3.3.5. For deliveries to other countries, the customer shall bear the actual shipping costs incurred, as well as any customs duties or export document charges that may arise for deliveries outside the EU.

3.3.6. For deliveries to third countries outside the EU, the customer alone is responsible for the legal admissibility of the export and import into the respective delivery country.

3.4. The delivery period results from the contractual agreement between the parties.

3.5. The delivery dates stated are not fixed dates unless we have expressly confirmed a fixed date.

3.6. Where the customer is obliged to make advance payment, the performance and delivery times stated in the offer depend on the customer’s prompt payment after conclusion of the contract.

3.7. Delivery shall, where possible, be made in one shipment. However, we are entitled to make partial deliveries and partial performance, insofar as these are reasonable for the customer. Additional costs arising from partial deliveries shall be borne by us, unless they occur at the express request of the customer.

3.8. Delivery delays on our part or on the part of our suppliers/subcontractors caused by force majeure or equivalent circumstances (such as currency or trade policy measures, official actions, strikes, operational disruptions such as fire, machinery failure, breakage, shortage of raw materials or energy) entitle us to postpone delivery for the duration of the hindrance. If performance becomes unreasonable for the customer due to the delay, the customer may withdraw from the contract. In cases of non-temporary impediments, we may withdraw from the contract entirely.

3.9. We take back packaging within the scope of our obligations under the German Packaging Act. The return of packaging is at the customer’s expense.

4. Unavailability of Performance

4.1. Each offer is subject to the correct, timely, and sufficient delivery by our own suppliers.

4.2. If the products required to fulfil the order are not available because we were not foreseeably and through no fault of our own supplied by our suppliers at the time of contract conclusion, we are entitled to withdraw from the contract. In this case, we shall immediately inform the customer that delivery is not possible.

4.3. Liability for damages due to non-performance is excluded, provided we have not acted with gross negligence or intent. Any liability for pre-contractual fault (culpa in contrahendo) remains unaffected.

5. Prices, Shipping Costs

5.1. All prices stated, including those in these GTC, are exclusive of statutory VAT.

5.2. Prices apply ex works. Costs for packaging, freight, postage, insurance, and other shipping expenses shall be borne by the customer. For deliveries outside the EU, customs duties may also apply, which are likewise to be borne by the customer.

5.3. The amounts of the costs under clause 5.2 are determined either by the respective contractual agreement or by clauses 5.4 to 5.7. If nothing is agreed, the customer shall reimburse the actual costs incurred upon presentation of appropriate evidence.

5.4. Deliveries within Germany are free of shipping costs for a net goods value of EUR 350.00 (mainland) or EUR 600.00 (island deliveries).

5.5. For deliveries within Germany below the net goods values mentioned in clause 3.3.1, a shipping flat rate of EUR 7.50 net (mainland) or EUR 13.00 (island deliveries) per package shall apply. One package contains up to 30 kg of goods.

5.6. Deliveries to Austria are free of shipping costs for a net goods value of EUR 750.00.

5.7. For deliveries to Austria below the net goods value mentioned in clause 3.3.3, a shipping flat rate of EUR 15.00 net per package shall apply. If the delivery comprises more than one package, we will inform the customer of the total number of packages before dispatch. One package contains up to 30 kg of goods.

5.8. Any discounts, cash discounts or rebates granted to the customer do not apply to costs for packaging, freight, postage, insurance, shipping costs or customs duties.

5.9. For deliveries to a German address where the customer subsequently applies for reimbursement of VAT due to export delivery or VAT refund procedure, a processing fee of EUR 15.00 per case shall be charged.

6. Payment, Invoice, Due Date and Default

6.1. Unless otherwise agreed, payment is due within 10 days of invoicing and delivery of the goods. In the case of agreed advance payments, these become due upon conclusion of the contract and receipt of the invoice.

6.2. If the customer pays by direct debit, the debit shall take place at the customer’s choice within 7 days of the invoice date with a 2% discount, or within 21 days without deduction. If a direct debit is not executed or is reversed for reasons attributable to the customer, the customer must reimburse the resulting costs.

6.3. We are entitled to require advance payment for shipping and export to countries outside the EU.

6.4. Upon expiry of the above payment periods, the customer shall be in default. During default, the outstanding amount shall bear interest at the statutory default interest rate applicable at the time. We reserve the right to claim further damages for default. Our claim to the commercial due date interest (§ 353 HGB) remains unaffected.

6.5. Any cash discount agreement does not apply to costs for freight, postage, insurance, or customs duties. The invoice shall be issued on the day of delivery, partial delivery, or notification of readiness for delivery.

6.6. We are entitled to send invoices solely by electronic means, provided they meet the VAT regulations.

6.7. If the customer fails to accept the duly delivered goods, they shall, in the case of acceptance delay, owe any additional expenses incurred. We shall no longer be liable for simple negligence after acceptance delay. If the customer unjustifiably, seriously, and definitively refuses acceptance, we may withdraw from the contract and claim damages, including loss of profit.

6.8. If, after conclusion of the contract, it becomes apparent that our payment claim is endangered by the customer’s lack of financial capacity (e.g. insolvency filing), we may demand advance payment and withhold undelivered goods. These rights also apply if the customer is in default on payments arising from the same legal relationship. Section 321 (2) BGB remains unaffected.

7. Retention of Title and Right of Retention

7.1. The customer may exercise a right of retention only to the extent that the counterclaim arises from the same contractual relationship.

7.2. The delivered goods remain our property until full payment of all claims from the business relationship with the customer. In the event of third-party access to the reserved goods, the customer shall refer to our ownership and notify us immediately.

8. Cancellation of an Order

8.1. If the customer withdraws from the contract without us being responsible for the reason for withdrawal, the customer shall pay a flat compensation fee of 25% of the net purchase value, unless the customer proves that lesser damage has occurred.

9. Duty to Inspect, Warranty

9.1. The customer is obliged to inspect delivered goods for obvious defects. In the case of apparent transport damage (e.g. breakage, damage to external packaging, or discrepancies with the delivery note), the defects must be reported immediately upon receipt to the carrier, recorded on the consignment note, and signed by the driver. Other obvious defects must be reported to us in writing within 3 working days of delivery. After this period, the goods are deemed accepted. Returns without prior agreement will not be accepted.

9.2. Hidden defects, which cannot be detected despite immediate careful inspection, must be reported to us immediately after discovery, at the latest within 3 working days of discovery, in writing. Timely dispatch of the notice of defect is sufficient for compliance with the deadline.

9.3. After expiry of the deadlines according to clauses 9.1 and 9.2, warranty claims are excluded.

9.4. In case of defect, warranty is initially limited to subsequent performance by us. We may choose between rectification or replacement delivery. If we fail to comply within a reasonable period or if the rectification repeatedly fails, the customer may reduce the purchase price or withdraw from the contract.

9.5. Defects in part of the delivery do not entitle the customer to reject the entire delivery unless the partial delivery is of no interest to them.

9.6. Warranty claims expire within one year of delivery, unless we have acted fraudulently.

9.7. Changes to labels, product design, formulation, or customary variations in form and colour do not constitute defects provided they do not materially affect the agreed quality or usability of the goods.

10. Limitation of Liability

10.1. Except in the following cases, any liability on our part is excluded.

10.2. We are fully liable for intent and gross negligence. For non-intentional acts, liability is limited to the foreseeable damage typical of the contract. In cases of slight negligence, we are liable only for breaches of essential contractual obligations, and limited to foreseeable damage. This limitation does not apply in cases of injury to life, body, or health.

10.3. Any liability for pre-contractual fault, data protection breaches, or under the Product Liability Act, as well as recourse claims pursuant to §§ 478, 445a BGB, remains unaffected.

10.4. Likewise unaffected is any liability, regardless of fault, in cases of fraudulent concealment of a defect or assumption of a guarantee or assurance. Manufacturer warranties do not constitute guarantees by us.

10.5. We are also liable for accidental impossibility of performance during default unless the damage would have occurred even with timely performance.

10.6. Where liability for damages against us is excluded or limited, the same shall apply to personal liability of our employees, staff, representatives, and agents.

11. Private Label, Indemnification from Third-Party Claims

11.1. If the customer commissions us to supply products under their own design specifications (so-called Private Label), the customer guarantees that they are authorised to use all signs, names, and other design elements provided to us and that their use does not infringe third-party rights.

11.2. The customer alone is responsible for ensuring that their chosen design is legally permissible. No review by us shall take place.

11.3. The customer shall indemnify us from all third-party claims arising from the use or modification of customer-provided design elements, including names, logos, or other marks. The indemnity also covers reasonable legal defence costs.

12. Final Provisions

12.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2. If the customer is a merchant, legal entity under public law, or special fund under public law, Stuttgart shall be the agreed place of jurisdiction for all disputes arising from this contractual relationship.

12.3. Duplication or publication of our price list or parts thereof, particularly images, texts, or text sections, requires our prior written consent.

12.4. Should individual provisions of this contract be or become invalid, the validity of the remaining clauses shall not be affected.

Version (06/2025)