Culinaris Specialist Retailer – General Terms and Conditions

The minimum order value is EUR 500 excluding taxes and excluding shipping costs.

§ 1 GENERAL

For all orders placed by entrepreneurs or consumers via our online shop, the following General Terms and Conditions shall apply. 

For Germany: A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. 

For Austria: In the following provisions, the term “consumer” shall mean a “Konsument” within the meaning of the Austrian Consumer Protection Act (KSchG). 

For Switzerland: In the following provisions, the term “consumer” shall mean a “Konsument” under Swiss law. 

An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity. 

With respect to entrepreneurs, the following shall apply: Any conflicting or supplementary general terms and conditions of the entrepreneur shall not become part of the contract unless we have expressly agreed to their validity. 

A minimum order value shall apply to orders as follows: 

EUR 500 incl. VAT plus any applicable shipping costs for customers domiciled in Germany and Austria. 
CHF 500 incl. VAT plus any applicable shipping costs for customers domiciled in Switzerland.

§ 2 Contracting Party, Conclusion of Contract, Options for Correction

The purchase contract is concluded with the sole proprietorship Culinaris Inh. Dipl.-Kfm. Ullrich Stolze. 

The presentation of the products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You may initially place our products in the shopping cart without obligation and may correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer to purchase the products contained in the shopping cart. Confirmation of receipt of your order is sent by email immediately after submission of the order. 

We accept your offer within two days by 

• sending you a declaration of acceptance in a separate email, or 
• where applicable, processing the payment transaction through our service provider or the selected payment service provider. The time at which the payment transaction is processed depends on the selected method of payment (see “Payment”). 

§ 3 Contract Language, Storage of Contract Text

The language(s) available for the conclusion of the contract: German, English. 

We store the text of the contract and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

§ 4 Subject Matter of the Contract
§ 4.1 Product Description

Please note that the respective product description forms an essential part of the contract.  

§ 4.2 Product Description

 Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. Please contact us if you have any uncertainties: 

Due to individual screen settings, such as resolution and brightness, slight deviations may occur between the displayed and the actual product colours. 

For wooden products, natural variations in grain, structure and colour of the wood may occur.

§ 5 Delivery Conditions Delivery Options

We ship the goods to the delivery address specified during the ordering process.

Delivery is made exclusively by shipment. Unfortunately, self-collection of the goods is not possible.

§ 6 Payment

The following methods of payment are generally available in our shop. 

Advance Payment 
If you choose advance payment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment. 

Invoice 
The invoice amount is due by bank transfer to the bank account specified in the invoice after receipt of the invoice and the goods. We reserve the right to offer purchase on account only after a successful credit check.

§ 7 Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to entrepreneurs.

§ 8 Retention of Title

The product shall remain our property until full payment has been made. 

For customers domiciled in Switzerland, we are entitled to arrange for a corresponding entry in the retention of title register. 

In addition, the following applies to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; all claims arising from such resale are hereby assigned to us in advance in the amount of the invoice sum, regardless of whether the reserved goods are combined or mixed with a new item, and we hereby accept such assignment. You remain authorized to collect such claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. Upon your request, we shall release the securities to which we are entitled insofar as their realizable value exceeds the value of the outstanding claims by more than 10%.

§ 8 Transport Damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to make such a complaint or to contact us shall have no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, by doing so you help us assert our own claims against the carrier or the transport insurer. For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier, or any other person or institution designated to perform the shipment.

§ 10  Warranty and Guarantees 
§ 10.1 Statutory Liability for Defects

For consumers domiciled in Germany and Austria, the following applies: The statutory provisions on liability for defects shall apply. 

For consumers domiciled in Switzerland, the following applies: 
You must inspect the condition of the received goods as soon as feasible in the ordinary course of business and, if defects become apparent for which the seller is liable under warranty, notify the seller thereof without delay. If the consumer fails to do so, the purchased goods shall be deemed approved, unless the defects were not identifiable during the usual inspection. If such defects become apparent only later, notice must be given immediately after discovery; otherwise, the goods shall also be deemed approved with regard to those defects. 

By way of derogation from the above: Insofar as defects in an item that has been integrated, as intended, into an immovable structure have caused the defectiveness of the structure, such defects must be notified within 60 days. Defects that were not identifiable during the usual inspection must be notified within 60 days of their discovery. 

Please return the defective product to us together with a description of the defect. You shall bear the transport costs incurred. We shall fulfil our warranty obligations, at our discretion, either by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). If supplementary performance fails, you are entitled to withdraw from the contract. This shall not apply in the case of insignificant defects. A right to reduce the purchase price is excluded. 

For entrepreneurs and merchants, the following applies: 
Unless expressly agreed otherwise below, the statutory provisions on liability for defects shall apply. 
The following limitations and shortened periods shall not apply to claims arising from damage caused by us, our legal representatives or vicarious agents 

• in the event of injury to life, body or health, 
• in the event of intentional or grossly negligent breach of duty, as well as fraudulent intent, 
• in the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), 
• within the scope of a guarantee promise, if agreed, or 
• insofar as the scope of application of the Product Liability Act is opened. 

With respect to entrepreneurs, only our own statements and the manufacturer’s product descriptions incorporated into the contract shall be deemed to constitute an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims. For newly manufactured goods, the limitation period for defect claims by entrepreneurs shall be one year from the transfer of risk. The previous sentence shall not apply to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse under Section 445a BGB remain unaffected. 

Notice to Merchants 

Merchants are subject to the duty to inspect and give notice of defects as regulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notice stipulated therein, the goods shall be deemed approved unless the defect was not identifiable during inspection. This shall not apply if we have fraudulently concealed a defect.

10.2 Guarantees and Customer 

Service Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop. 

Customer service: You can reach our customer service for questions, complaints and objections by telephone at +49-341-461078-0 and by email at info@culinaris.eu. For enquiries, you may also use the contact form on our website. 

§ 11 Liability

We shall always be liable without limitation for claims arising from damage caused by us, our legal representatives or vicarious agents 

• in the event of injury to life, body or health, 
• in the event of intentional or grossly negligent breach of duty, 
• within the scope of guarantee promises, if agreed, or 
• insofar as the scope of application of the Product Liability Act is opened. 

§ 12 Final Provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered place of business.