General terms + conditions: [m]eatery GmbH
All goods and services supplied are subject to the terms of supply and payment which are described below. Contrary terms applied by the customer will only be valid if we have accepted them in writing.
We will select the packaging for the goods. Details of the weight and dimensions of packages will be provided by us to the best of our knowledge and belief. We will pack the goods in such a way that the cooling chain is maintained for the whole of the planned delivery time.
3. Right of withdrawal for consumers
3.1 You can, without the need to indicate your reasons, withdraw your contractual declaration within 14 days in text form (e.g. by letter, fax, email) or, if you receive the goods before the expiry of the relevant period, by returning the goods. The period allowed for withdrawal begins after receipt of this information in text form, but not before the goods are delivered to the consignee (in the case of recurrent deliveries of similar goods, not before receipt of the first part delivery), and not before we have fulfilled our obligation to provide information in accordance with Art. 246 § 2 in conjunction with § 1 Section 1 and 2 EGBGB. In order to comply with the period allowed it will be sufficient if the declaration of withdrawal or the goods are sent off in good time.
The notice of withdrawal must be addressed to: [m]eatery GmbH, Drehbahn 49, 20355 Hamburg
3.2 Consequences of withdrawal: In the event of an effective withdrawal any payment, goods or services which have been received by both parties must be returned, together with the cost of any use that has been made of them (e.g. interest). If you are unable to return any goods or services supplied or the use of them (e.g. benefits of use) in full, in part or only in a deteriorated condition, you will be obliged to provide us with compensation for the applicable value. For the deterioration in the goods and for use which has been made of them, you will only be under an obligation to provide compensation if such deterioration or use results from the handling of the goods in a way which goes beyond testing their features and functions. Under 'testing their features and functions' we mean testing the goods in a way which is possible and usual in a shop. Any goods which can be packed as a parcel must be returned at our cost and risk, and any goods which cannot be packed as a parcel will be collected from you. Obligations to refund payments must be carried out within 30 days after the date of your notice of withdrawal. This period begins for you when you send your notice of withdrawal (or the goods) and for us when we receive them.
You are responsible for the standard costs of the return shipment if the goods which were supplied correspond to the goods ordered, and if the price of the goods to be returned does not exceed €40, or – in the case of a higher price – if you have not yet paid for the goods in full or in part at the time of withdrawal. In other cases the return shipment is free of charge for you.
There is no right of withdrawal in the case of goods which are produced to customer specifications or are clearly adapted to the personal requirements of the customer, or for goods which because of their characteristics are not suitable for return, may be perishable, or whose best-before date has been exceeded in accordance with § 312 d Section 4 No. 1 BGB.
Complaints must be reported by telephone or email at the latest within 24 hours after the delivery of the goods. The goods which are subject of complaint must be stored in full and correctly in their original packaging.
During transport goods are insured in accordance with the terms and conditions of our logistics partner.
The customer is responsible for taking delivery of the goods in good time.
Transport damage must be reported immediately to the forwarder and confirmed by the carrier who delivers the shipment. Any transport damage which is not externally visible must be reported to the carrier in writing within 24 hours.
6.1 We only provide a warranty for justified complaints which are reported to us within the permitted period by providing a replacement shipment of goods without defect. The customer will only have the right to a reduction in price if the replacement delivery is not possible within a reasonable period. Claims for consequential damage are excluded.
6.2 Any complaints which are not made within the permitted period cannot be considered. A later return of the goods or additional replacement of shortages is excluded. Complaints regarding goods which have already been processed cannot be considered.
7. Prices and terms of payment
7.1 invoices are payable immediately without deduction. Goods are only supplied against payment in advance or recognised credit card payment.
7.2 Shipping costs: shipping costs are payable by the customer.
7.3 All prices are quoted in euros and include VAT.
7.4 Prices can change without notice.
7.5 Prices are subject to confirmation, errors excepted.
7.6 Each accepted part delivery is regarded as an individual transaction with regard to invoicing and payment, but not with regard to retention of title.
7.7 Delays in payment or other breaches of contract on the part of the customer will give us the right – after a reasonable extension period has been set – to withdraw from the contract or to assert claims for compensation for nonfulfilment.
8. Retention of title
All goods supplied remain our property until payment has been made in full. The goods may only be sold on in the course of normal business operations. In the case of onward sale we receive claims of payment against the third-party customer in place of the goods themselves, without this requiring the express assignment of the claim to us. If a third party asserts rights to goods supplied under our retention of title, the customer must inform us without delay.
9.1 The responsible party for data processing is [m]eatery GmbH, Wexstr. 16, 20355 Hamburg. You will find details of the responsible party in the legal notice.
9.2 We will use your data for the purpose of implementing your order. All customer data is saved, processed and transferred by us in compliance with the applicable regulations of the Federal Data Protection Act (BDSG) and the Telecommunications Data Protection Act (TDDSG).
9.3 Information: at all times you have a right to free notification, correction, blocking and deletion of your data which has been saved. Please contact info(at)meatery.de or send us your wishes by post or fax.
9.4 Transfer to third parties: your personal data including your home address and email address will not be passed on to third parties without your express consent, which you can withdraw at any time. Our service partners are excepted from this provision, because they require the data in order to process your order (e.g. the transport company making the delivery, the bank implementing the payment transaction or the organisation making a creditworthiness check). In these cases the extent of the transmitted data will be limited to the absolute minimum requirement.
9.5 Security: we apply technical and organisational security measures in order to protect your data which is administered by us against accidental or deliberate manipulation, loss, destruction or access by unauthorised persons.
10. Place of fulfilment
The place of fulfilment for both parties is Hamburg.
11. Place of jurisdiction
To the extent permitted Hamburg is agreed as the place of jurisdiction
a) If both parties are commercial entities or a legal entity/special fund under public law;
b) if the purchaser has his general place of jurisdiction abroad, relocates it abroad after the conclusion of the contract or cannot be located when proceedings are initiated.
12. Applicable law
All legal relations established under the contract of purchase will be subject exclusively to German law.
[m]eatery bar + restaurant
20355 Hamburg, Germany
Telefon: +49 (0) 40-30 99 95 67
Fax: +49 (0) 40-30 99 93 99
13. Information on the online facility for the resolution of disputes
[m]eatery GmbH is, in accordance with § 36 VSBG, responsible for informing you that you have the possibility of participating in a process for resolving consumer disputes as specified in the legislation on consumer dispute settlement. [m]eatery GmbH is neither prepared nor obliged to participate in dispute settlement processes before a consumer dispute arbitration organisation. For any legal disputes which have already begun the following applies in accordance with § 37 VSBG: The consumer dispute arbitration organisation responsible for [m]eatery GmbH is the general office for consumer dispute resolution of the Zentrums für Schlichtung e.V., Straßburger Str. 8 in 77694 Kehl, Telefon: +49 7851 79579 40, Telefax: +49 7851 79579 41, E-Mail: mail(at)verbraucher-schlichter.de.
[m]eatery GmbH does not participate in consumer dispute resolution proceedings in accordance with the legislation on consumer dispute resolution before the above-mentioned consumer dispute arbitration organisation.