General Terms and Conditions (GTC) Restohotelstore – Business Customers (B2B)
1. Scope of Application
1. These General Terms and Conditions apply to all contracts for the sale and delivery of goods and agreed services between Restohotelstore and its business customers.2. Products and services are offered exclusively to business customers acting in a professional or commercial capacity. Sales to consumers are excluded.
3. Any conflicting customer terms apply only if expressly accepted by Restohotelstore. Individually negotiated agreements take precedence.
2. Contracting Party
Wassim Moujahed – RestohotelstoreCuriestr. 2
70563 Stuttgart, Germany
Email: info@restohotelstore.com
Website:www.restohotelstore.com
3. Offers and Contract Formation
1. Product listings, technical information and prices in the online store generally do not constitute binding offers.2. By placing an order, the customer submits a binding offer to purchase.
3. An automatic order receipt does not constitute acceptance. A contract is formed when Restohotelstore expressly confirms the order or dispatches the goods.
4. Individually prepared quotations remain valid for the period stated in the quotation.
5. Technical or model changes are permitted only where contractually agreed or reasonable for the customer and without affecting the agreed product specifications.
4. Prices and Payment
1. Unless otherwise indicated, all prices are quoted in euros excluding applicable VAT.2. Shipping, installation, commissioning and additional service charges are stated separately unless expressly included.
3. Available payment methods are displayed during checkout and may include credit cards, PayPal, Klarna, SEPA, advance bank transfer and other offered payment services.
4. Payment deadlines are governed by the conditions agreed during checkout or in the order confirmation.
5. Where a deposit has been agreed, it becomes due at the agreed time. The remaining balance is payable according to the order confirmation.
6. Statutory rules apply in the event of late payment.
5. Delivery and Shipping
1. Goods are delivered to the delivery address provided by the customer and confirmed by Restohotelstore.2. Delivery periods are estimates unless a binding delivery date has been expressly agreed.
3. Delivery periods generally begin once all necessary technical information has been provided and any agreed advance payments have been received.
4. Partial deliveries are permitted where reasonable for the customer. Additional charges require agreement.
5. The transfer of risk is governed by applicable statutory provisions, including Section 447 of the German Civil Code where its requirements are met, unless otherwise agreed.
6. The customer must ensure suitable conditions for delivery and notify Restohotelstore in advance of special unloading or access requirements.
6. Inspection and Transport Damage
1. Customers must inspect delivered goods for visible damage, completeness and conformity with the order.2. Where applicable, commercial inspection and notification obligations under Section 377 of the German Commercial Code apply.
3. Visible transport damage should be documented upon delivery and reported as soon as possible.
4. Statutory customer rights remain unaffected.
7. Retention of Title
1. Goods remain the property of Restohotelstore until the relevant purchase price has been paid in full.2. Goods subject to retention of title may not be pledged or transferred as security without consent.
3. The customer must promptly inform Restohotelstore of third-party claims against such goods.
8. Cancellations and Returns
1. As sales are exclusively B2B, no statutory consumer right of withdrawal applies.2. No general contractual right of return is granted.
3. Cancellations and voluntary returns require Restohotelstore's approval.
4. Cancellation or voluntary return of specially sourced, configured or custom-manufactured products may be excluded where validly agreed.
5. Any agreed cancellation or return charges will be disclosed before the relevant agreement is concluded.
6. Statutory remedies for defective goods remain unaffected.
9. Defects and Manufacturer Warranties
1. Statutory rights relating to defective goods apply unless validly modified by agreement.2. Customers should provide a clear description of defects, the order number and relevant product or serial numbers.
3. Manufacturer warranties apply according to the manufacturer's own warranty conditions and may supplement statutory rights.
4. Improper use, incorrect operation or unprofessional installation may be considered when determining whether the claimed defect was caused by such circumstances.
10. Installation and Commissioning
1. Installation, assembly and commissioning are included only when expressly agreed.2. Customers must provide the agreed site conditions, including suitable electrical, water, drainage and, where applicable, gas connections.
3. Safety-critical connections must be handled by appropriately qualified professionals.
4. Additional work outside the agreed scope requires a separate agreement.
11. Liability
1. Restohotelstore is fully liable for intentional misconduct, gross negligence and injury to life, body or health.2. In cases of slight negligence involving essential contractual obligations, liability is limited to foreseeable damage typical of the contract.
3. Liability for other cases of slight negligence is excluded to the extent permitted by law.
4. Mandatory statutory liability, including product liability and liability arising from guarantees, remains unaffected.
12. International Deliveries
1. Deliveries outside Germany are subject to individual agreement and applicable law.2. Shipping terms, customs arrangements, transport costs and any agreed Incoterms are specified in the quotation or order confirmation.
3. Unless otherwise agreed, customers bear import duties and taxes legally payable by them in the destination country.
4. Applicable export control and sanctions regulations must be observed.
13. Data Protection
Personal data is processed in accordance with applicable data protection legislation. Further details are available in the privacy policy at www.restohotelstore.com.14. Applicable Law and Jurisdiction
1. German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent legally permissible.2. Stuttgart shall be the place of jurisdiction where the customer is a merchant, a legal entity under public law or a special fund under public law, and such agreement is legally permissible.
3. Mandatory jurisdiction rules remain unaffected.
15. Final Provisions
1. If any provision is invalid, the remaining provisions remain effective. Statutory rules replace invalid provisions.2. Individually negotiated agreements take precedence over these General Terms and Conditions.