General terms and conditions of business

General terms and conditions of business
Preamble
The following general terms and conditions (AGB) regulate the contractual relations between Stern Gmbh i.G (hereinafter Stern Gmbh i.G) and the customer. Glori or Glori.at is the name under which Stern Gmbh i.G offers catering supplies, therefore the name Stern Gmbh i.G also applies to glori and glori.at
1. general information
1.1 All deliveries and services are provided exclusively on the basis of these GTC. These are part of all contracts that Stern GmbH i.G. concludes with the customers. They are also valid for all future contracts with the customers, even if they have not been agreed again separately.
1.2 Terms and conditions of customers or third parties are not applicable, even if Stern GmbH i.G. does not contradict their validity separately in individual cases.
1.3 Stern Gmbh i.G reserves the right to change these general terms and conditions in the case of unforeseeable changes that Stern Gmbh i.G has not arranged and over which Stern Gmbh i.G has no influence and by which the equivalence relationship existing at the time of conclusion of the contract has been disturbed to a not insignificant extent, as far as this is reasonable for the client. The customers will be informed about the changes immediately. The customer will be sent the amended GTCs, highlighting the amended passages. This can also be done by email. If the customer does not object to the amended GTC within six weeks of notification, they shall be deemed approved and shall also apply to existing contracts. The customer will be specifically informed of this when the change is notified.
1.4 The customer affirms that he is an entrepreneur in the sense of the Austrian General Civil Code (ABGB) and the European legal regulations and that he uses the goods exclusively for business purposes.
2. offer and conclusion of contract
2.1 All offers of Stern Gmbh i.G. are subject to change and non-binding, unless they are expressly marked as binding. They are only to be understood as an invitation to the customer to make an offer to Stern Gmbh i.G. Information from Stern Gmbh i.G. about dimensions, weights, technical data etc. as well as representations and illustrations, especially on the internet pages of Stern Gmbh i.G. or in catalogues, are also non-binding, unless the usability for the contractually agreed purpose requires exact conformity. They do not represent a guarantee of quality, but serve only for description or identification.
Deviations that are customary in the trade and those that are based on basic legal regulations or represent technical improvements are permissible as long as they do not impair the usability for the contractually agreed purpose and are reasonable for the customer. The same applies to the replacement of components by technically at least equivalent ones.
2.2 The contract is concluded as follows: The catalogue of goods displayed on the website does not constitute an offer in the legal sense. By placing an order, the customer makes a binding offer to enter into a contract. Input errors can be corrected before sending the order using the usual keyboard and mouse functions. By clicking the order button with the mouse, the customer submits a binding purchase offer. After receipt of the customer's offer by Stern Gmbh i.G. the customer receives an automatically generated e-mail which lists the details of the order. This confirmation does not represent an acceptance of the offer by the seller. An order of the customer is expressly accepted by sending a corresponding order confirmation or implied by execution of the delivery or service.
2.3 Stern Gmbh i.G. reserves the ownership or copyright of all offers and cost estimates submitted as well as other documents made available to the client, unless a transfer of ownership or transfer of corresponding rights has been agreed upon. The customer may not make these documents accessible to third parties, duplicate them, make them known, use them himself or through third parties without the consent of Stern Gmbh i.G. The customer is obliged to hand over these documents to Stern Gmbh i.G on request and to destroy any copies made if they are no longer needed in the course of the business relationship.
3. delivery
3.1 It is expressly agreed that delivery shall be made by a transport company selected and commissioned by the seller. It is expressly agreed that the transport company will only deliver up to the curb.
3.2 Notwithstanding their rights arising from default of the customer, Stern GmbH i.G. can demand an extension of the delivery and service periods by the period in which the customer does not fulfil his contractual obligations.
3.2 Notwithstanding their rights arising from default of the customer, Stern GmbH i.G. can demand an extension of the delivery and service periods by the period in which the customer does not fulfil his contractual obligations.
3.3 Stern Gmbh i.G. is not liable for the impossibility of delivery or performance or for delays in delivery, as far as these are caused by force majeure or other events that were not foreseeable at the time of the conclusion of the contract and for which Stern Gmbh i.G. is not responsible. If such events make the delivery or service considerably more difficult or impossible for Stern Gmbh i.G. and if the hindrance is not only of temporary duration, Stern Gmbh i.G. is entitled to withdraw from the contract.
In the case of impediments of only temporary duration, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the impediment plus a reasonable start-up period.
3.4 Stern Gmbh i.G. is entitled to make partial deliveries as long as the customer does not incur considerable additional work and/or additional costs, the partial delivery is usable for the customer within the scope of the contractual purpose and the delivery of the remaining ordered goods is secured.
3.5 The customer is obliged to have visible transport damages certified by the transport company immediately upon receipt in order to assert claims for compensation against the transport company. Stern Gmbh i.G. endeavours to assist the customer in the handling of transport damages. Damages that are not visible externally have to be reported to the transport company by telephone and in writing as soon as they are known. The customer is solely responsible for the observance of the time limit and handling of the transport damage. The customer is entitled as recipient to assert claims against the transport company from the freight contract in his own name in accordance with § 421 HGB (German Commercial Code).
4. prices and payment
4.1 All prices are quoted in EUR ex works plus packaging, the statutory value added tax, in the case of export deliveries plus customs duties as well as fees and other public charges. For deliveries within Germany, no additional shipping costs are incurred (for islands and mountain stations free station mainland/valley station).
4.2 If the delivery date is more than four months after the conclusion of the contract, Stern GmbH i.G. is entitled to increase the prices appropriately and to adjust the prices to changed price bases (material, wages etc.). The prices valid on the day of delivery shall then apply.
4.3 The payment is carried out alternatively by Paypal, cash on delivery, credit card, immediate bank transfer, or prepayment.
4.4 If you choose the payment method prepayment, we will give you our bank details in the order confirmation or afterwards. The invoice amount must be transferred to our account within 5 days. The debit of your credit card account as well as the direct debit will take place with the completion of the order.
5. place of performance, dispatch
5.1 Unless the parties determine otherwise, the place of performance for all obligations arising from the contractual relationship is the registered office of Stern Gmbh i.G.
5.2 The mode of dispatch and the packaging are subject to the dutiful discretion of Stern Gmbh i.G.
5.3 With the handing over of the delivery item to the forwarding agent, carrier or to any other third party determined for the execution of the shipment the risk is transferred to the customer. This also applies if partial deliveries are made or the seller has taken over other services (e.g. installation). If the dispatch is delayed by circumstances for which the customer is responsible, the risk is transferred to the customer at the time Stern GmbH i.G. is ready for dispatch and has informed the customer.
5.4 Storage costs after passing of risk are borne by the customer. If the storage is carried out by Stern GmbH i.G. the storage costs amount to 1% of the invoice amount of the delivery items to be stored per elapsed week. We reserve the right to assert and prove further or lower storage costs.
6. reservation of proprietary rights
6.1 The goods delivered by Stern GmbH i.G. to the customer remain the property of Stern GmbH i.G. until complete payment of all secured claims.
7. warranty
7.1 The warranty period is one year from delivery.
7.2 According to § 377 HGB (German Commercial Code), the delivered items must be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. They are considered as approved if Stern Gmbh i.G. has not received a notification of defects in text form regarding obvious or other defects that were recognizable in an immediate and careful inspection immediately after delivery of the delivered object or otherwise immediately after the discovery of the defect or the time at which the defect was recognizable for the customer during normal use of the delivered object without closer inspection.

7.3 If requested by Stern Gmbh i.G., the object of complaint must be returned to the latter carriage paid. If the complaint is justified, Stern Gmbh i.G. will reimburse the costs of the cheapest shipping route. This does not apply if the costs increase because the object is located at a place other than the place of intended use.
7.4 In the case of material defects Stern GmbH i.G. is obliged and entitled to subsequent performance, at its own choice, first to rectify the defect or to deliver a replacement. A supplementary performance is considered as failed after the second unsuccessful attempt. In case of failure, impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the customer can withdraw from the contract or reduce the purchase price appropriately. If an inspection of the goods carried out as part of the notification of defects reveals that the notification of defects was unjustified, we shall be entitled to charge a customary fee for the inspection of the goods as well as the costs of shipment.
7.5 The warranty claim shall not apply if the customer changes the object of purchase or has it changed by third parties without the express consent of Stern GmbH i.G. and the removal of the defect is thereby rendered impossible or unreasonably difficult. In any case the customer has to bear the additional costs of the removal of defects arising from the changes.
7.6 Any necessary connection to the supply lines (electricity, water, steam, sewage, hot water, gas, etc.) is to be arranged by the customer at his own expense and may only be carried out by licensed local electrical specialists or installers. If a defect is due to improper installation, the warranty claim against Stern Gmbh i.G. is void.
7.7 The delivery of used objects is effected under exclusion of any warranty and liability.
7.8 If a longer warranty period or a guarantee is granted by the manufacturer of the delivery item, we already assign our rights from this to the orderer/buyer with the purchase.
7.9 Otherwise, clause 8 of this contract applies.
8 Liability
8.1 Liability for damage to legal interests other than life, body or health is excluded unless the damage is due to deliberate or grossly negligent behaviour of Stern Gmbh i.G., one of its legal representatives or one of its vicarious agents and the behaviour is not a breach of essential contractual obligations. Essential contractual obligations are such obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the user may regularly rely.
8.2 In any case, the user is also obliged to limit damages. This includes the timely notification of damages within the scope of further damage minimization.
8.3 The above mentioned exclusions and limitations of liability are furthermore not valid in case Stern Gmbh i.G. has given explicit guarantees or in case of claims due to missing assured characteristics or claims from the product liability law.
9. claims for damages
9.1 If Stern Gmbh i.G. expressly agrees to the cancellation of a bindingly placed order, the client must pay 30% of the order amount, even if we do not expressly repeat this in the cancellation. The same applies if the customer does not fulfil the contract and in case of withdrawal. If the delivery item has already been delivered, the lump sum shall be increased by the costs of transport and the costs of reconditioning. The assertion of a higher damage is not excluded. The customer is entitled to prove that we have incurred a lower damage.
10. final provisions
10.1 The legal relations between the customer and Stern Gmbh i.G. are exclusively subject to the law of the Republic of Austria under exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.
10.2 Stern Gmbh i.G may name the customer as reference customer after conclusion of the contract. Stern Gmbh i.G. has the right to use the customer's name as a reference for advertising purposes. This also applies to advertising on the internet. Press releases require furthermore the agreement of the text.
10.3 Place of fulfilment and exclusive place of jurisdiction for all disputes arising from the business relationship between Stern GmbH i.G. and the customer is Innsbruck
10.4 Should individual provisions of these GTC be or become invalid, the validity of the remaining GTC shall not be affected.