GTC

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Wagyu Sauerland GbR (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 These Terms and Conditions apply accordingly to contracts for the delivery of tickets, unless expressly stipulated otherwise. These Terms and Conditions govern only the sale of tickets for specific events described in more detail in the seller's product description and not the organization of these events. The organization of the events is governed exclusively by the statutory provisions governing the relationship between the participant and the organizer, as well as any differing terms and conditions of the organizer. If the seller is not also the organizer, they are not liable for the proper organization of the event, for which the respective organizer is solely responsible.

1.4 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.5 For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller by telephone, email, post, or via the online contact form.

2.3 The seller may accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (email), in which case the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by requesting payment from the customer after the customer has placed the order. If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button to complete the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button to finalize the order.

2.7 The German and English languages ​​are available for concluding the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services related to leisure activities if the contract specifies a particular date or period for performance. Accordingly, a right of withdrawal is also excluded for contracts concerning the sale of tickets for leisure events with a fixed date.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When selecting the payment method "purchase on account," the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of this payment restriction in the payment information section of the online shop. The seller further reserves the right to conduct a credit check when the payment method "purchase on account" is selected and to refuse this payment method if the credit check is negative.

4.6 When selecting SEPA Direct Debit as the payment method, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the pre-notification period has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the pre-notification period has expired. Pre-notification is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a charge via SEPA Direct Debit. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if the customer objects to the debit without justification, the customer is liable for any fees incurred by the respective bank for the chargeback, provided the customer is at fault. The seller reserves the right to conduct a credit check when SEPA Direct Debit is selected as the payment method and to refuse this payment method if the credit check is negative.

4.7 When selecting credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. The credit card will be charged immediately after the customer's order is submitted in the online shop. Even when credit card payment is selected, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations and returns, or credit notes.

4.8 When selecting PayPal as your payment method, you will be immediately redirected to the PayPal homepage, where you can log in to your existing PayPal account or register in just a few steps. After successful payment, you will be automatically redirected back to the product page. To use the PayPal service, you must agree to the direct debit agreement for your PayPal account during the checkout process. Please review the payment details and confirm the amount. By agreeing to the direct debit agreement, we are authorized to debit your PayPal account with varying amounts – as far as they are due – until further notice. The validity of our General Terms and Conditions is not affected by PayPal's payment terms and conditions. They apply concurrently.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. For meat products requiring refrigeration, Wagyu Sauerland GbR guarantees compliance with the legally prescribed maximum temperatures only if the customer selects the "Express" shipping method and even then only if the first delivery attempt of the ordered products to the specified delivery address is successful.

Only the customer himself or an adult authorized by him to accept the delivery is entitled to receive the goods. The customer indemnifies Wagyu Sauerland against any third-party claims arising from a breach of this obligation.

If the customer defaults on acceptance or culpably breaches other obligations to cooperate, Wagyu Sauerland is entitled to claim compensation for the resulting damage, including any additional expenses. Further claims remain reserved. The risk of accidental loss or accidental deterioration of the goods passes to the customer at the moment the customer defaults on acceptance.

Shipping is via DHL Express.
In Germany, Austria, Belgium, Luxembourg and the Netherlands, packages are delivered on Thursdays between 8:00 and 18:00.
The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time when the customer is in default of acceptance.

By making a purchase, the customer consents to the transfer of necessary data to the relevant shipping service provider.

5.2 For goods delivered by freight forwarder, delivery is made "free to the curb", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the seller's online shop or otherwise agreed.

5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

5.4 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.5 Vouchers will be provided to the customer as follows: by email or post.

5.6 Tickets will be provided to the customer as follows: by email or post.

6) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stipulated in the following provisions, the statutory warranty provisions shall apply. Notwithstanding the above, the following applies to contracts for the supply of goods:

7.2 If the customer is acting as an entrepreneur, the seller has the right to choose the type of subsequent performance; for new goods, the limitation period for defects is one year from delivery of the goods; for used goods, rights and claims due to defects are excluded; the limitation period does not restart if a replacement delivery is made within the scope of the warranty for defects.

7.3 The aforementioned limitations of liability and reductions of time limits do not apply to claims for damages and reimbursement of expenses by the customer, in the event that the seller has fraudulently concealed the defect, for goods which, according to their usual purpose, have been used for a building and have caused its defectiveness, for any existing obligation of the seller to provide updates for digital products, or in the case of contracts for the supply of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

7.6 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.

8) Special conditions for the processing of goods according to specific customer requirements

8.1 If, according to the contract, the seller is obligated not only to deliver the goods but also to process them according to specific customer requirements, the customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. In particular, they are responsible for ensuring that no third-party rights are infringed, especially copyrights, trademark rights, and rights of personality.

8.2 The customer shall indemnify the seller against any third-party claims arising from the seller's contractual use of the customer's content and any infringement of the third party's rights. The customer shall also bear all necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a third-party claim, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or contravenes accepted standards of decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

9.8 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller may fulfill their obligations by providing the service to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

10) Redeeming gift vouchers

10.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances on gift vouchers are redeemable two years after the date of purchase. Remaining balances will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is transferable. The seller may fulfill their obligations by providing the service to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Events / Tasting Events

11.1 Tasting events will only take place if at least 16 people have registered for the event. If fewer participants have registered, the seller will decide whether the event will still take place. If an event is cancelled, the seller will refund any fees already paid.

11.2 The seller reserves the right, in exceptional cases, to postpone or cancel the event for organizational reasons. This applies in particular to insufficient participant numbers, short-notice cancellations due to illness or other essential personnel unavailable for the seminar, or force majeure.

11.3 Participation in the tasting event is only possible after prior payment of the fee. The fee must be paid no later than 7 working days after booking, otherwise it will be forfeited.

11.4 Cancellations are free of charge up to 28 days in advance. Cancellations must be made in writing. In case of no-show, we reserve the right not to refund the ticket price already paid. For cancellations made 7 days or less before the event, a cancellation fee of 70 percent will apply, regardless of the reason. Alternatively, the reserved seats can be transferred to a third party. In this case, please provide us with the names of the new ticket holders. Please note that unfortunately, no refund is possible for cancellations made less than two days before the event.

12) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

13) Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

14.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.

Complaints/Dispute Resolution

In 2016, the European Commission established a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders without having to go to court. You can access the dispute resolution platform via this link: https://ec.europa.eu/consumers/odr.

EU Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr

We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but are generally willing to do so.

Our email address for consumer complaints is: info@wagyu-sauerland.de