GENERAL TERMS AND CONDITIONS

1. General

These General Terms and Conditions apply to all contracts, deliveries and other services from CATALOGNA COLOGNA CATERING GMBH (contractor) to its clients (customers). Terms and conditions of the customer which deviate from these are hereby excluded. These will only become an integral part of the contract if they are expressly recognised by CATALOGNA COLOGNA CATERING GMBH in writing. These conditions apply to the extent that the customer is not the consumer, and for all future deliveries and services that the contractor supplies to the customer, even if they are not expressly agreed upon again.

2. Offer

Offers in price lists, brochures, catalogues, on the Internet, etc. are non-binding. Our offers are no longer valid if they are not accepted in text form within a period of 10 working days after being received, including these terms and conditions. Verbal or telephone offers are only valid if they are immediately confirmed in writing.

Quality agreements require the written form. Unless otherwise expressly agreed, product descriptions, images and models do not represent a quality agreement. Minor deviations and changes with regard to our product descriptions, images or models are permitted. This particularly applies to the use of products with prices that vary dramatically from season to season.

Catalogues, price lists and these General Terms and Conditions become invalid upon publication of a new version.

Repeated changes to the offer that are incurred by the customer are to be reimbursed by the customer after the third change. The level of reimbursement is determined by the contractor’s expenditure in relation to the change.

With regard to translations of the contractor’s offers into another language except German, which are commissioned by the customer, a lump sum is calculated for the translation at a rate of €50.00 per 1,000 characters.

In the case of supply shortages for which it is not responsible, CATALOGNA COLOGNA CATERING GMBH retains the right to replace products and ingredients with ones as similar as possible to the product in question.

3. Prices/Payment

Unless specifically stated otherwise, all prices in catalogues, lists, on the Internet and offers are subject to the relevant statutory VAT and excluding any possible public-law dues. Generally, all prices apply starting at an order in the value of €2,500.00, including VAT, within the city limits of Cologne. Prices are to be agreed for lower order values and orders outside of Cologne. In the case of an event, which takes place on a Sunday or a public holiday, a flat-rate surcharge of 25% on all list prices shall be paid.

A surcharge of €125.00 in processing fees will be added to the incurred shipping costs in cases where products are shipped.

A processing fee of €5.50 is to be paid for each warning.

The customer has to make a deposit/payment on account at a rate of 80% of the order value when the order is placed, which must reach the contractor within five days after the order is placed in written form or, if this period is too short, at least two working days before the event. The other 20% plus payment for special and additional services will be invoiced within a week of the event.

All invoices are to be paid in full and are due following receipt of invoice.

The customer only retains the right to offset in light of counterclaims, which are found to be indisputable or legally binding, relate to a counterclaim that is ready for a decision, are undisputed by the contractor or with respect to which the contractor has agreed to the offset in writing. The customer also only has the right of retention in the above mentioned cases.

4. Delivery conditions

The customer assumes the risk of transport. This risk is transferred upon departure from the headquarters of the contractor.

The costs for loading and unloading the truck are included in the delivery price, as is the transport of the rental object to behind the first door on the ground floor of the location, as long as the door can be reached directly without the use of broad taxiways. In order to ensure proper delivery, there must also be an entry door measuring at least 1.0 m wide x 2.0 m tall and an approach that is suitable for trucks (up to 40 t). Any possible setup costs must be marked separately in the logistics section or will be deducted later once the actual cost has been calculated at appropriate rates.

We assume that our transport vehicles, which are used to supply the rental object, will remain on site. Our transport vehicles are stackable and do not require much space. If it is not possible to keep the transport vehicles /empty packaging on site, the additional service (transport and storage logistics) will be calculated at appropriate rates.

Services rendered outside of normal business hours (Mon – Sat 06:00 to 22:00), on Sundays and holidays and with fixed-time deliveries (time window under one house) incur additional costs, which are calculated at appropriate rates.

The event location/delivery location must be easily accessible; possible waiting times will be calculated appropriately based on a post calculation.

Unless stated otherwise, the products we offer are not weather-resistant. In the case of outdoor use, this may lead to the products becoming damaged or wet. Any resulting costs must be invoiced. In the case of outdoor events, the equipment should be agreed upon with the contractor in advance. The dates given for performing the services are only approximate unless fixed dates are agreed upon in writing. Should the delivery be delayed, the customer must set an appropriate extension period with a warning of refusal. If the period expires without a delivery, the customer can rescind the contract.

5. Force majeure

Force majeure, industrial action, unrest, official measures and other unforeseeable, unavoidable or serious events exempt the contract partners from their duty to perform for the duration of the disturbance and to the extent of their effect. In particular in the case of delayed delivery as a result of traffic conditions, accidents, breakdowns, strikes, power outages, etc. represent cases of force majeure, in which delayed delivery does not arise.

6. Warranty

CATALOGNA guarantees that the goods sold possess the contractually assured characteristics at the time of risk transfer. Changes to the delivery item do not require prior approval from the customer, as long as they are relevant or called for by the customer and can be fulfilled by the contractor. These kinds of changes shall not constitute defects. Obvious defects must be objected to immediately upon handover. The notice of defects must be given in writing. Complaints at a later date cannot be accepted due to lack of verifiability. Hidden defects must be objected to in writing within 24 hours of recognition. CATALOGNA should be given the opportunity to come to the appropriate findings. The warranty right is voided completely if the notice of defects is delayed or, in the case of approval, reservations are not made due to defects. The same is true if the customer makes changes themselves or CATALOGNA makes it difficult/impossible to find and rectify the defects. CATALOGNA retains the right to rectify or exchange the goods as at their discretion. The contractor can then only exercise further claims once two attempts to rectify the same defect have failed. Liability is not assumed for any objects brought to event. The warranty also does not cover defects that occur at the contractor’s premises as a result of natural wear, dampness, excessive heating, improper treatment or improper storage. Similarly, the warranty does not cover reasonable deviations in shape, size, appearance, consistency, taste or any other state of the goods.

7. Liability of the contractor

Claims made by the contractor for compensation for damages including damages that are not made to the delivery object themselves, through delay, neglect of duty or tort, are excluded as long as the damage was not caused by intentional or grossly negligent actions and insofar as no cardinal obligations of the customer are damaged. In the event of a breach to significant contractual obligations or cardinal obligations, the liability for damages shall not exceed the average amount typical for this kind of contract and, in the case that the contactor is a merchant, the amount of the order value. This does not apply in the case of gross or intentional negligence. The limitation of liability applies to the same extent for vicarious agents and assistants of the contractor. Insofar as the liability of the contractor is excluded or limited in line with these terms and conditions, this also applies for the personal liability of employees, staff, colleagues, representatives and subcontractors of the contractor. The aforementioned exclusions and limitations of liability do not apply in claims according to the product liability law or injury to life, body or health. In these cases, the contractor shall be liable in accordance with statutory provisions.

8. Cancellations/Terminations

Changes to the subject matter of the contract and/or number of guests are only possible up to one week before the date of delivery. In the case of cancellation in which the termination of the contract comes from the customer and/or in the case that the service offered by the contractor is not accepted – provided the contractor has not given any significant reason for the cancellation/termination/lack of uptake – the customer has to pay 25% of the order value up to one week before the start of the event, 60% up to two days before the start of the event, 80% up to one day before the start of the event and 100% on the day of the event. Goods that have already been purchased for the order must likewise be reimbursed at the customary sales price and are not handed over to the customer. The customer shall provide evidence that little or no damage occurred on a case by case basis. The contractor can also specifically calculate the remuneration payable to him in place of the lump sum.

9. Custodial duties

The customer is obliged to handle the objects entrusted to them (e.g. platters, glasses, dishware, etc.) with care and return these in perfect condition. Missing items, damages and broken items shall be at the expense of the customer. In the case of loss and/or damage, the customer is liable for payment of compensation in the amount of the replacement value. We expressly refer here to the limits of edibility/shelf life of the food we provide. Delivered dishes must not be kept ready for consumption in an unrefrigerated state beyond the time limits stated by us. We cannot assume responsibility for improper handling of goods which have left our area of responsibility.

10. Staff

For all orders, staff (e.g. chefs, servers, etc.) are billed separately according to our current price list. These prices are based on working hours permitted for employees in line with the Working Hours Act (ArbZG). In the case of a working shift between 8 and 10 hours, a second shift must be put in place. Any additional costs that emerge as a result (travel costs, expenses per person) will be calculated appropriately based on expenditure and will be paid by the customer. For special agreements and exceptions, please refer to the respective individual offer. CATALOGNA is only liable for its own staff and those employed by CATALOGNA. No liability is assumed for the customer’s own service staff.

11. Storage of data

In accordance with Section 28 of the Federal Data Protection Act, we hereby inform you that necessary data are electronically processed and stored within the scope of business transactions in accordance with Section 33 of the BDSG. Personal data is of course treated confidentially.

12. Final provisions

If a provision of these terms and conditions and the agreements is /becomes ineffective, the validity of the rest of the contract remains unaffected. The contract partners are obligated to replace the invalid provision with an arrangement as similar as possible in its economic effect. Place of fulfilment and place of jurisdiction for any disputes between the contracting parties arising from the contractual relationship, insofar as the customer is a merchant, legal entity of public law or public-law special funds, is the headquarters of the contractor. This agreement shall be governed exclusively by the laws of the Federal Republic of Germany with the exclusion of UN purchasing law and the exclusion of deviating reference norms of private international law (IPR). Supplementary agreements must be made in writing; this also applies to the waiver of said requirement.