General Terms and Conditions
of Aramark Restaurations GmbH for the Webshop Westfalenhalle (B2B)
As of 09/2024
1. Scope of application
1.1 These general terms and conditions (hereinafter also referred to as "GTC") apply to all contracts concluded via the webshop - which is offered within the application - between the Aramark Restaurations GmbH, Martin-Behaim-Straße 6, 63263 Neu-Isenburg; phone: 06102-745 0; fax: 06102-745 234, e-mail: info@aramark.de; registered in the commercial register of Offenbach am Main Local Court under HRB 2697; VAT identification no.: DE 318629508 (hereinafter referred to as "Seller") and the Buyer (as defined below in this section). The webshop is made available via the website " ["[aramarkhttps://westfalenhalle.aramark-restaurations.de/de/shop/standcatering Restaurations (aramark-restaurations.de)" and "aramark Restaurhttps://westfalenhalle.aramark-restaurations.de/de/shop/konferenzcateringations (aramark-restaurations.de) ".
1.2 For the purchase of goods and products via this webshop, the provisions set out in these GTC apply exclusively. The Seller hereby objects to the inclusion of any deviating terms and conditions of the Buyer, unless otherwise agreed in writing.
1.3 Buyers can only be entrepreneurs/traders purchasing goods via the Application from the Seller. An entrepreneur/trader within the meaning of these GTC is any person or partnership pursuant to Section 14 of the German Civil Code (BGB).
2. Basic provisions
2.1 The contract language is German. The subject of the contract is the sale of goods and products offered in the Application's web store. The details, in particular the essential characteristics of the goods and products (particularly legally required food labeling), can be found in the respective item description, which is provided as part of the ordering process.
2.2 The use of the application does not oblige the Buyer to purchase products and goods from the Seller in the webshop. However, if the Buyer makes use of this option, these GTC shall apply.
3. Conclusion of contract
3.1 The presentation of the products and goods in the webshop represents an invitation to the Buyer to submit an offer, a so-called "invitatio ad offerendum", and is therefore not to be seen as a legally binding contractual offer by the Seller to purchase the respective products and goods.
3.2 By placing an order via the online shopping cart system, the Buyer can submit a legally binding offer to the Seller regarding the selected products and goods. To do so, the Buyer, after placing the selected goods and products in his individual shopping cart and going through the electronic ordering process, submits the order by clicking the button ("Order with costs/for payment") [MA2] that concludes the ordering process. By clicking the button concluding the order process, the Buyer accepts these General Terms and Conditions (GTC) and they become part of the contract. The Buyer then enters his payment details for the means of payment specified on the page for selection in the payment terminal provided for this purpose and confirms them by clicking on the button provided in the payment terminal ("Pay now"). The offer is accepted by the Seller as soon as the payment details entered have been confirmed as correct by the system. For this purpose, confirmation of acceptance of the order is given on the website. This binding acceptance of the offer relates exclusively to the products and goods placed in the respective shopping cart that are included in the payment process.
3.3 Upon submission of the binding order, the contract text is saved by the Seller and can be retrieved by the Buyer [within the order history] and saved in a reproducible form.
3.4 The Buyer can retrieve, save and/or print the GTC from his account.
3.5 Before the Buyer submits the order in a legally binding manner, he can access the "shopping cart" via the corresponding button and make changes at any time before submitting the order. When entering the personal data, all order data is then displayed again on the order overview page. Before submitting the order, the Buyer has the option of reviewing and changing all details again, or canceling the purchase. By clicking on the order button, the Buyer is forwarded to the payment page. The means of payment is then entered and checked. Before submitting the payment details by clicking on the button ("Pay now") in the payment terminal, the Buyer has the option of reviewing and changing the order details again or canceling the purchase.
3.6 The Seller confirms the receipt of the order immediately by e-mail to the Buyer (order confirmation). This order confirmation is intended to inform the Buyer that the order has been received by the Seller. In the order confirmation, the Buyer receives the details of his order as well as a link to the applicable contractual provisions. The Buyer also receives an order invoice by e-mail.
3.7 The Buyer cannot revoke the order in accordance with Sections 312g, 355 BGB, as he is an entrepreneur/trader.
3.8 A contract is concluded upon the Seller’s receipt of the technical confirmation of the payment details provided by the Buyer.
3.9 Should the Buyer have any requests for changes after placing his binding order, they can be negotiated with the Seller’s respective contact person on site at the catering establishment. It should be noted, however, that the Buyer has no right to cancel or change his binding order. The Seller can therefore decide for himself whether he implements the Buyer’s change requests on a goodwill basis in individual cases; however, the Seller is not obliged to do so.
3.10 Contact information (e.g. telephone, e-mail) is required so that reporting on the order process can take place. The Seller is only able to fulfill the contract if the Buyer provides the correct information during the order process. If the Buyer notices any errors or inaccuracies, they are obliged to inform the Seller (preferably the local contact person at the catering establishment) immediately.
4. Right of withdrawal and withdrawal policy for consumers
Not applicable, see section 3.7 above.
5. Prices and terms of payment
5.1 All prices stated on the product pages are final prices and include packaging and statutory VAT. Additional delivery and shipping costs will be listed separately during the ordering process. An additional fee (handling fee) may also be charged for short notice deliveries. Corresponding deadlines and costs will be listed separately during the ordering process.
5.2 The total price, including any delivery costs incurred, is also displayed in the shopping cart and in the order overview at the end of the order process, before the Buyer is directed to the page for entering their payment details by pressing the order button. If no shipping costs are listed separately, these are not incurred.
5.3 The Seller provides the Buyer with payment options, which he can select and change online during the ordering process by clicking on the respective option. Payments shall only be deemed to have been made to the extent that the Seller can freely dispose of them at his bank. If the Buyer does not properly complete any of the payment options offered, the order will not be processed by the Seller. If no payment options are offered online, payment must be made via the number of the cost center assigned to the Buyer by the Seller in advance before placing the order. In this case, the orders are billed to the Buyer via the agreed cost center.
6. Delivery
6.1 The Buyer orders the goods and products in a catering establishment of the Seller within Germany as defined during the ordering process. The address of this catering establishment is also the agreed place of delivery, unless expressly agreed otherwise. For the Seller, the catering establishment that is decisive for the execution of the order is also the place of performance.
6.2 The delivery date is specified by the Buyer in the order or is specified by the Seller on the respective product page and selected accordingly by the Buyer. The goods shall be delivered by the Seller. Unless otherwise agreed in individual cases, self-collection is excluded. Upon delivery, the Buyer must ensure that he is present at the delivery location at the agreed time. If, in individual cases, self-collection from the Seller's catering business has been agreed, the Seller is entitled to destroy the goods 30 minutes after the agreed collection time, as otherwise the freshness of the products can no longer be guaranteed.
6.3 Deliveries shall only be made within Germany and during the opening hours stated in the catering establishment on site.
7. Statutory liability for defects and limitation period
7.1 If there is a material defect or defect of title upon delivery of the goods, the Buyer shall be entitled to all existing rights in accordance with the statutory provisions. The statutory warranty rights therefore apply to the goods offered.
7.2 The Buyer must inspect the delivered goods upon receipt for obvious and recognizable defects with regard to their condition and notify the Seller of any defects without undue delay. This shall not affect the Buyer's liability for defects if the Buyer is a consumer.
7.3 The Buyer's claims for defects are subject to a limitation period that begins to run upon delivery of the goods to the Buyer. The limitation period is 2 years. Defects that occur within this liability period may be claimed by the buyer until the expiry of the statutory limitation period of two years.
8. Liability
8.1 The Seller shall be liable to the Buyer in the event of intent and gross negligence in accordance with the statutory provisions. In other cases, the Seller shall only be liable - unless otherwise regulated in Section 8.2 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Buyer may regularly rely (“cardinal obligation”), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in clause 8.2.
8.2 The above limitations of liability do not apply to claims of the Buyer for injury to life, limb, or health, nor to claims arising from the assumption of a contractual guarantee, nor to claims of the buyer under the Act on Liability for Defective Products. The above limitations and exclusions of liability shall also apply in favor of our legal representatives, employees, and vicarious agents.
9. Storage of data
The Seller collects data from the Buyer while processing contracts and takes all necessary measures to protect the personal data provided by the Buyer and to comply with the applicable national and European data protection regulations at all times. Further information on this can be found in the privacy policy, which can be accessed at any time in the application.
10. Out-of-court online dispute resolution procedure
10.1 Here you will find the link to the EU Commission’s online platform for out-of-court online dispute resolution (so-called ODR-platform): http://ec.europa.eu/consumers/odr/
10.2 According to the German Consumer Dispute Resolution Act (VSBG), the seller is under no professional or legal obligation to participate in a dispute resolution procedure before a consumer arbitration board. The seller is not prepared to participate in a dispute resolution procedure.
11. Final provisions
11.1 Should one or more provisions of the terms of use or the General Terms and Conditions of Sale be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intention of the parties. The same applies if agreements contain a loophole.
11.2 This contract subject exclusively by German law excluding the UN Convention on Contracts for the International Sale of Goods of April 11, 1980. The language of the contract, also in the context of the conclusion of the contract, is German.