GOLVET Terms and Conditions: Exclusive Catering Service and Customer Guidelines
Preamble
1. Scope
1. These “Terms and Conditions for Catering Services” of 40 SECONDS Service GmbH, Knesebeckstraße 59–61, 10719 Berlin (“40seconds”) apply to companies, persons trading on a commercial basis, legal entities under public law or special funds under public law (hereinafter collectively referred to as “businesses”) in their currently valid version. Any additional or conflicting contractual terms and conditions of our customers shall only apply if 40seconds has expressly accepted them in writing. Should any deviating agreements be made with the contracting party in the catering or hospitality contract, these “General Terms and Conditions for Catering Services” (“GTC”) shall always take precedence over the corresponding provisions within such deviating agreements.
2. Orders placed by customers who refer to their own terms and conditions shall under no circumstances result in the application of different or conflicting terms and conditions, even if 40seconds does not specifically draw attention to this again whilst processing the contract.
2. Offer and conclusion of the contract
1. Presentations of catering services by 40seconds are merely invitations to enter into a contract (invitatio ad offerendum) and do not yet constitute offers in the legal sense. If the customer places an order in response to a presentation of a catering service, only this constitutes an offer to enter into a binding contract in the legal sense. It may take up to two weeks for 40seconds to accept an offer to enter into a contract. Until then, the customer remains bound by their offer. Acceptance of an offer may also be implied by the performance of the service, even without compliance with the requirement for the offer to be in writing.
2. To ensure the event runs smoothly, the client must notify 40seconds in writing of the exact number of participants no later than 10 working days before the start of the event. This figure is binding and may be increased or reduced by a maximum of 5 per cent of the stated number of participants, subject to agreement with 40seconds, no later than 5 working days before the start of the event. In the event of a reduction in the number of participants, the entitlement to remuneration shall be governed by the provisions of §6 of these General Terms and Conditions. In the event of an increase in the number of participants, 40seconds reserves the right to adjust the unit prices.
3. To ensure quality, buffets are limited to a maximum of three hours. If the order is required for a longer period, the customer may, subject to agreement with 40seconds, split the total quantity across different order times.
3. Liability for loss or damage
No liability is accepted for the loss of or damage to items brought onto the premises by the customer and their guests, unless a paid safekeeping agreement has been concluded or the damage is due to gross negligence or wilful misconduct on the part of 40seconds or its agents or vicarious agents.
4. Prices and payment
1. The basis for invoicing is the number of participants specified by the relevant customer – which may have been amended subsequently – or the quantities for which a binding order has been placed.
2. Cold drinks are generally charged on the basis of actual consumption, unless binding quantities or flat-rate charges have been expressly agreed.
3. If the customer wishes to set a limit on the serving of drinks, this must be specified in writing in the order or, at the latest, upon acceptance of the quotation.
4. All prices are, as a rule, exclusive of statutory VAT, unless a price inclusive of VAT has been expressly agreed, in which case the statutory VAT is already included.
5. The invoice amount is payable net, without any deductions, no later than 14 days after receipt of the invoice. The customer shall be in default of payment from the due date stated on the invoice at the latest. Interest on arrears shall amount to 9 percentage points above the base rate pursuant to Section 247 of the German Civil Code (BGB) for business customers in accordance with Section 288(2) of the BGB, and 5 percentage points above this base rate for consumers. This shall not affect the right to claim higher interest on other legal grounds or to claim further damages arising from default.
5. Security
1. 40seconds is entitled to require the client to make an advance payment of up to 100 per cent of the contract sum. Advance payments are due no later than 14 days before the event.
2. If 40seconds requires the customer to make an advance payment within a specified period, the order shall be accepted subject to the condition precedent of payment being made within that period.
3. Instead of the advance payment referred to in point 1 of this Section 5, 40seconds may also agree separate terms of payment by contract, which shall then take precedence over the payment arrangements set out in these provisions.
6. Lump-sum payment entitlement
If the customer cancels the contract or any part thereof without good cause, or if the event is not held without good cause, 40seconds shall be entitled to choose to charge a lump sum in lieu of specific remuneration for the services commissioned and expenses incurred: Cancellation – up to the 15th day before the start of the event: 75 per cent of the order value.
Cancellation from the 14th day before the start of the event: 100 per cent of the order value.
2. The customer has the right to prove that 40seconds has not suffered any loss, or that the loss was not of this amount.
7. Obligations to perform and fulfil, time limit for giving notice of defects, prohibition on assignment
1. 40seconds shall not be held liable for delays in delivery or performance due to force majeure or events which make it significantly more difficult or impossible for 40seconds to fulfil its obligations; these include, in particular, strikes, lockouts and official orders, even if they occur at suppliers’ or sub-suppliers’ premises, even where binding deadlines have been agreed.
2. The customer must notify 40seconds of any obvious defects in the service immediately, either verbally or, at the latest, in writing or in text form within two weeks. Any delay in notifying 40seconds of a defect will result in the exclusion of any warranty claims against 40seconds.
3. Claims against 40seconds are not assignable where the customer is a business.
8. Collection, processing and use of data
In order to fulfil the contractually agreed business purposes, the collection, processing and use of personal data transmitted to 40seconds are carried out in accordance with data protection regulations.
In order to fulfil the contractually agreed business purposes, 40seconds collects, processes and uses the personal data transmitted to it.
The customer undertakes to provide the data subjects affected by the data transfer with the information required under Article 13 of the General Data Protection Regulation and to ensure that there is a legal basis for the transfer of personal data to 40seconds. Where necessary, the parties shall enter into a separate data protection agreement.
9 Liability
1. 40seconds shall not be liable for ordinary negligence, provided that no material contractual obligations have been breached.
2. In the event of a breach of material contractual obligations, 40seconds’ liability for damages in cases of simple negligence shall be limited to the direct loss that is foreseeable under the terms of the agreement and typical of the contract.
3. Where liability is excluded or limited under these provisions, this shall also apply to 40seconds’ agents and vicarious agents.
4. The above exclusions and limitations of liability shall not apply in the event of a culpable injury to life, limb or health, or in the event of strict liability prescribed by law (e.g. under the Product Liability Act), or in the event of liability arising from a no-fault guarantee.
10. Final provisions and place of jurisdiction
1. The contractual relationship is governed exclusively by German law.
2. Where the customer is a trader within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction within Germany, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
3. Should any individual clauses of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions of the contract. In such a case, the invalid provision shall be supplemented or amended in such a way that the intended purpose is achieved.