Terms and Conditions

Wendt Restaurantbetriebe GmbH
Rathausstraße 4
20095 Hamburg
Tel.: +49 40 32 52 7777
Fax: +49 40 32 52 7778
E-Mail: info@cafeparis.net

Managing Director Holger Sturm
Companies Register Hamburg HRB 74591
VAT identification number DE 812868701

Supervisory authority:
District Office Hamburg-Mitte
Consumer Protection Office,
Trade and the Environment
Klosterwall 220095 Hamburg

1. Scope

For all business relationships arising between Wendt Restaurantbetriebe GmbH and the buyer via the online shop shop.cafeparis.net, the following terms and conditions in their version valid at the time of the order shall apply exclusively, unless individual agreements are made. Conflicting terms and conditions shall not be recognised without prior written consent.

2. Contracting party
Wendt Restaurantbetriebe GmbH concludes contracts for the supply of goods exclusively with individuals who have reached the age of 18 and legal entities, each with a residence or registered office within the Federal Republic of Germany.

By accepting the General Terms and Conditions of Wendt Restaurantbetriebe GmbH, the buyer confirms the accuracy of the age stated when placing the order. As a general rule, packages containing alcoholic beverages will only be handed over to persons over 18 years of age. The buyer must therefore ensure upon delivery that only adults accept the delivery.

3. Conclusion of Contract
The customer's order with Wendt Restaurantbetriebe GmbH constitutes an offer to conclude a purchase agreement. Wendt Restaurantbetriebe GmbH will confirm receipt of the order via email to the email address provided on the order form, stating the ordered goods, their individual and total costs, any applicable packaging and shipping costs, and the total amount. This email explicitly does not constitute acceptance of the prior offer to conclude a purchase agreement made by the customer. All offers from Wendt Restaurantbetriebe GmbH are subject to change. The purchase agreement is concluded only upon dispatch of the order confirmation by Wendt Restaurantbetriebe GmbH. The legally required cancellation policy is part of the order confirmation. Should the ordered goods be out of stock, Wendt Restaurantbetriebe GmbH will offer the customer a comparable product by telephone or in writing.

4. Right of Withdrawal Information
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reasons.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us, Wendt Restaurantbetriebe GmbH, Rathausstraße 4, 20095 Hamburg, E-mail: shop@cafeparis.net, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed sample withdrawal form for this purpose, but it is not obligatory. To comply with the withdrawal period, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you revoke this contract, we shall reimburse you for all payments received from you, including the cost of delivery (with the exception of any additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notice of your revocation of this contract. We will use the same means of payment for this reimbursement that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

We can refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You shall return or hand over the goods to us without delay and in any event at the latest within fourteen days from the date on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.

You shall bear the immediate costs of returning the goods only if the goods delivered correspond to the ordered goods and if the price of the item to be returned does not exceed an amount of 5.00 Euros.

You shall only be liable for any diminished value of the goods if this diminished value is due to handling of them which was not necessary to check their nature, characteristics and functioning.

Sample withdrawal form

5. Prices
The prices applicable are those shown on the website at the time of ordering. All published prices include VAT at the statutory rate of 19% or 7%. The flat-rate delivery charge includes 19% VAT.

6. Payment Terms
Advance payment
Payments are to be made to the bank details stated in the order confirmation.
PayPal

7. Shipping
Shipping is only within Germany.
The flat-rate shipping cost is €4.90. Delivery is free of charge for orders with a value of €100.00 or more.

8. Retention of Title
The delivered goods remain the property of Wendt Restaurantbetriebe GmbH until full payment of the purchase price and any shipping costs has been made. If third parties gain access to the reserved goods, the buyer is obliged to point out the ownership of Wendt Restaurantbetriebe GmbH and to inform Wendt Restaurantbetriebe GmbH thereof immediately.

9. Notification of Defects and Warranty
The statutory warranty rights apply to all goods in our shop. In the event of justified complaints, Wendt Restaurantbetriebe GmbH will, at its discretion for non-consumers, provide rectification or a replacement. If rectification or replacement fails twice within a reasonable period, the buyer may withdraw from the contract or demand a reduction in the purchase price.

10. Limitation of Liability
Claims for damages resulting from the breach of ancillary contractual obligations are excluded, unless there is wilful or grossly negligent conduct or a breach of an essential contractual obligation or of a person's life, body, or health. The same applies if compensation for indirect damage or consequential damage is claimed. In these cases, any liability is limited to the damage that was foreseeable at the time of contract conclusion and is typical for such cases.

11. Data Protection
The data required for contract processing, particularly for order, invoicing, and delivery processing, will be made available to the respective logistics partner. Where applicable, customer data (name, address, contact details, and order history) for the last twelve months will be stored in a password-protected area. This data will be kept solely for the customer's protected area.

Wendt Restaurantbetriebe GmbH reserves the right to carry out a credit check on a sample basis. For this purpose, the stored data will be passed on to Schufa-Holding AG, Wiesbaden. The data passed on consists exclusively of first name, surname, address, and date of birth.

12. Final Provisions
Should a clause of these terms and conditions be invalid, the validity of the remaining terms and conditions shall remain unaffected.