Terms and Conditions
General Terms of Trade of Rank & Büttig Handels- und Verwaltungs GmbH
1. Applicability of the General Terms of Trade The version of general terms of trade below valid at the time of ordering applies exclusively for all business relationships between Rank & Büttig Gastronomie GmbH and their customers. Rank & Büttig Gastronomie GmbH will not recognise different terms of the customer and hereby rejects such terms expressly, unless Rank & Büttig Gastronomie GmbH expressly agrees to their validity in writing.
2. Contract conclusion A contract based on the price lists Rank & Büttig Gastronomie GmbH applicable at the time of ordering shall enter into force when the customer orders the products and the seller confirms the order. Invoices shall be issued in Euros, including legal VAT, packaging and shipping costs. The customer shall pay any customs and other fees. When you place an order on our homepage "www.onlineshop-dresden.de" or "www.shop-dresden.de", we send you a confirmation e-mail. If you fax your order, we send you a confirmation fax which confirms that we have received your order and lists the details of the order (order confirmation). No purchase contract is concluded for products from the same order which are not listed in the shipping confirmation. No e-mail confirmation is sent for orders placed in person, by telephone or by post.
3. Right of withdrawal and instructions of cancellation Any customer has the right to revoke his / her contractual statement within two weeks, without stating reasons, within two weeks of receipt of the goods in writing (e.g. letter, fax, e-mail) or by returning the goods. The period begins after the receipt of this instruction in written form, but not before the goods did reach the acceptor (with repeat deliveries of the same goods, but not before receipt of the first partial delivery). To insure the revocation period it will do the posting of the cancellation of the goods. The cancellation is to send to
Rank & Büttig Gastronomie GmbH, Münzgasse 10, 01067 Dresden, Germany
The cancellation is also possible per e-mail please use the contact form on our home page in the online shop.
Cancellation consequences In case of a cancellation both sides have to give back received benefits! If your not able to send the whole benefits / goods back or send them back just half or in bad order you have to make a valued replacement. This is not necessary by goods if the deterioration of them is solely to be caused by not checking them like it is possible in a store / shop. It is possible to avoid a deterioration after you received the goods if use them carefully! Packet transportable goods have to be returned to our risk. You have to pay for the packet if the goods are the same you ordered and the price is less than 100,00 Euro. The customer must comply with the duty to refund payments within 30 days of dispatch of the notice of withdrawal. The period starts with the posting of the withdrawal, for us with the receipt of the withdrawal.
4. Delivery After contractors electronic acknowledge receipt and customers payment order to authorized credit institution or after successful charge of issued credit card, the delivery will be made within 5 business days. The contractors 5 days delivery obligation is invalid, when the customer isn't present at the agreed delivery adress. Unless expressly otherwise stated, there are no specific delivery periods. Rank & Büttig Gastronomie GmbH is not bound by deadlines set unilaterally by the customer. Rank & Büttig Gastronomie GmbH is entitled to make partial deliveries where reasonable for the customer. Unless otherwise agreed, delivery shall be made from the Rank & Büttig Gastronomie GmbH warehouse to the delivery address specified by the customer. Delivery periods specified are non-binding, unless a binding delivery date is expressly confirmed in writing. Should Rank & Büttig Gastronomie GmbH be unable to deliver the ordered goods for reasons for which they are not liable, as Rank & Büttig Gastronomie GmbH's supplier has not fulfilled their contractual obligations, Rank & Büttig Gastronomie GmbH is entitled to withdraw from the contract with the customer. If this is the case, the customer will be informed that the ordered product is no longer available without delay. The legal rights of the customer are unaffected. If delivery to the customer is impossible as the delivered goods do not fit through the entrance, house door or stairway of the customer, or because the customer was not at the delivery address specified, even though the customer was notified of the time of delivery with appropriate notice, the customer shall pay the costs of unsuccessful delivery as well as the new delivery. In shipping the products, the choice of shipping company is entirely at the discretion of Rank & Büttig Gastronomie GmbH. The product will always be shipped as a letter or parcel; shipping is as commissioned and at the customers' own risk. Shipping to bulk buyers on EuroPallets will be performed by a transport company. The products can also be express-shipped; however the additional fees will also be borne by the customer.
5. Acceptance The customer must accept the product when it is handed over by the shipping company. If the products cannot be handed over by the shipping company at the specified delivery address for reasons for which Rank & Büttig Gastronomie GmbH is not responsible, or if the customer or recipient refuses to accept the products, Rank & Büttig Gastronomie GmbH is entitled to charge the customer the full purchase price. The costs for return shipping and other costs resulting from non-acceptance shall be borne by the customer.
6. Payment Payment can be made when ordering using credit cards, by payment in advance and payment by invoice (only with prior written agreement). Rank & Büttig Gastronomie GmbH accepts the following credit cards: American Express, Mastercard, Visa and JCB. The total on the invoice must be paid in full within 7 working days. If the customer does not fulfil the payment requirements on time, Rank & Büttig Gastronomie GmbH reserves the right to pass their claims on to a debt collection agency (e.g. Bürgel) for redemption after a first reminder. Rank & Büttig Gastronomie GmbH is entitled to charge the customer for any dunning expenses and debt collection costs, costs of return debits or other costs for failure to pay properly. If we do not receive payment to our account within 14 days, the contract made is automatically cancelled and the order is cancelled fully.
7. Retention of Title The products remain the property of Rank & Büttig Gastronomie GmbH until payment has been made in full.
8. Transport Damage – Defects The customer must inspect the products for damage when they are handed over by the shipping company. Visible transport damages must be confirmed in writing by the shipping company. Obvious defects in the products must be reported to Rank & Büttig Gastronomie GmbH without delay in writing or by fax, at the latest within 10 calendar days after they are identified, and the products must be returned to Rank & Büttig Gastronomie GmbH for inspection. Testing the returned products for defects or faults is the responsibility of the persons commissioned by Rank & Büttig Gastronomie GmbH to inspect the products.
9. Liability – Warranty Rank & Büttig Gastronomie GmbH is liable for damages and replacement of all payments made without avail in accordance with § 284 of the German Civil Code (BGB) (hereinafter referred to as "Liability for damages") due to defects in the delivery or service or due to infringement of other contractual or non-contractual duties, in particular for tort, only in cases of intent and gross negligence. The above limitation of liability does not apply for personal injury, buyout, warranty or a purchasing risk. All limitations of liability apply to the same extent for agents and assistants. The above provisions do not entail a change in the burden of proof to the detriment of the customer. Warranty: Warranties are provided in accordance with the legal regulations - we will replace or repair the products should they prove defective at your discretion. If rectification fails or if the replacement products delivered are also defective, you are entitled to return the products and receive the full purchasing price, or to retain the products and reduce the purchase price. Please see the product documentation for information on any applicable manufacturer's warranties.
10. Offset – Assignment The customer is only entitled to offset claims of Rank & Büttig Gastronomie GmbH with counterclaims where these are undisputed or upheld by a court of law.
11. Applicable law – Jurisdiction The contractual relationships between Rank & Büttig Gastronomie GmbH and the customer are subject to the material law of the Federal Republic of Germany alone. Dresden is the place of performance for all deliveries and services in commercial transactions. The court of jurisdiction for corporate entities, legal persons or separate assets under public law is Dresden.
12. Data Security Any saving and processing of data Rank & Büttig Gastronomie GmbH is done so in compliance with the applicable regulations of the German Data Security Act (BDSG) and the German Telecom Data Security Act (TDDSG). Personal data is only gathered for specific, clear and legal purposes and not stored for longer than is necessary. The customer is entitled to information and has a right to have their data corrected, blocked or deleted. Rank & Büttig Gastronomie GmbH shall not pass personal data to third parties. This does not include service partners who require the data to complete the order or to collect debts. However, in these cases, the data provided will be kept to the minimum required.
By set a checkmark, during order procedure, you allow us to send your E-Mail address to GLS parcel service and the use for delivery matters. This consent can be revoked at any time. Please note that you will be in the event of revocation have no possibility to directly influence the delivery of the packages contained in the shipment. Send a possible revocation, please contact the Rank & Büttig Gastronomie GmbH.