General Terms and Conditions (GTC)
of GOLDENGASTRO.de

of the company
GOLDENGASTRO – Konstantinos Kanonidis

§ 1 General Provisions & Scope of Application

(1) All offers, services, and deliveries of the company GOLDENGASTRO, owned by Konstantinos Kanonidis (hereinafter referred to as the “Seller”), are carried out exclusively on the basis of these General Terms and Conditions (GTC).
(2) These GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law (hereinafter referred to as the “Customer”). Sales to consumers within the meaning of Section 13 BGB are expressly excluded.
(3) Terms and conditions of the Customer that conflict with or deviate from these GTC shall not be recognized unless the Seller has expressly agreed to their validity in writing.

§ 2 Conclusion of Contract and Storage

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.
(2) By submitting the order (clicking the “Order with obligation to pay” button), the Customer submits a binding offer.
(3) The contract is concluded only upon separate order confirmation by email or upon dispatch of the goods. Mere confirmation of receipt of the order does not constitute acceptance.
(4) The text of the contract is stored by the Seller but is no longer accessible to the Customer via the platform after completion of the ordering process. The Customer is responsible for saving the order details independently.

§ 3 Prices, Payment and Default

(1) All stated prices are net prices in euros (EUR), plus the applicable statutory value-added tax (VAT), packaging costs, and shipping costs.
(2) Unless otherwise agreed, the purchase price is due immediately upon conclusion of the contract, without any deduction.
(3) In the event of default in payment, the Seller is entitled to charge default interest at a rate of 9 percentage points above the base interest rate (Section 288 (2) BGB).
(4) The Customer shall be entitled to set-off only if their counterclaims have been legally established by final judgment or are undisputed.

§ 4 Delivery and Shipping Conditions

(1) Delivery shall be made ex works (EXW Berlin) in accordance with Incoterms® 2020.
(2) Unless otherwise agreed, delivery shall be made “free to curbside.” The Customer shall ensure access for heavy trucks (up to 7.5 tons or 40 tons, depending on the goods).
(3) The Seller is entitled to make partial deliveries, provided this is reasonable for the Customer.
(4) Delivery periods are non-binding unless they have been expressly confirmed in writing as binding. Events of force majeure or operational disruptions shall release the Seller from the obligation to deliver for the duration of the impediment.

§ 5 Transfer of Risk and Transport Damage

(1) The risk of accidental loss or accidental deterioration shall pass to the Customer as soon as the goods are handed over to the person carrying out the transport (freight forwarder / parcel service).
(2) Duty to inspect: The Customer is obliged to inspect the goods immediately upon receipt, in the presence of the driver, for completeness and any visible damage.
(3) Transport damage must be recorded on the delivery note (POD) and confirmed by the driver’s signature. Subsequent claims for obvious transport damage are excluded.

§ 6 Warranty and Notice of Defects

(1) The duty to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB) shall apply. Defects must be reported to the Seller in writing without delay, at the latest within three (3) working days after receipt of the goods.
(2) The warranty period is twelve (12) months from delivery. For used goods, warranty claims are completely excluded.
(3) The warranty exclusively covers the replacement of defective parts. Installation costs, travel expenses, or technician fees are not included in the warranty and shall be borne by the Customer.
(4) Installation notice: A prerequisite for any warranty claims relating to electrical, gas, or water-operated equipment is proof of installation by a licensed and qualified specialist company.

§ 7 Retention of Title

The delivered goods shall remain the property of the Seller until all claims arising from the business relationship have been fully settled (extended retention of title).

§ 8 Limitation of Liability

(1) The Seller shall be liable without limitation in cases of intent, gross negligence, as well as in the event of injury to life, body, or health.
(2) In the event of slight negligence, the Seller shall be liable only for the breach of an essential contractual obligation (cardinal obligation) and only up to the foreseeable damage typically occurring.

§ 9 Return of Goods

As the offers are directed exclusively at B2B customers, there is no statutory right of withdrawal. Any voluntary return requires the Seller’s prior written consent. In such cases, a restocking fee of up to 30% of the value of the goods may be charged.

§ 10 Jurisdiction and Applicable Law

(1) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and exclusive place of jurisdiction for all disputes shall be the Seller’s registered office (Berlin).