General Terms and Conditions (GTC) of the company
GKH Großküchenhandel
Scope
(1) These general terms and conditions (GTC) apply to all contracts, deliveries, and other services concluded between GKH Großküchenhandel (hereinafter referred to as "supplier") and the customer (hereinafter referred to as "customer"). (2) Deviating or supplementary conditions of the customer are not recognized unless the supplier has expressly agreed to their validity.
Conclusion of the contract
(1) The presentation of products/services on the website or in other advertising materials does not constitute a binding offer from the supplier. The contract is only concluded with the express acceptance of the offer by the supplier. (2) The customer submits a binding offer to conclude a contract by placing an order or request. The supplier confirms the conclusion of the contract by written confirmation (e.g., by email).
Services and prices
(1) The services offered by GKH Großküchenhandel are described in the respective service description or on the supplier's website. (2) All prices are exclusive of statutory VAT unless otherwise agreed. (3) Additional services, such as travel costs, inspection fees, or special requirements, are charged separately and communicated to the customer.
Payment terms
(1) The customer undertakes to pay the agreed price in accordance with the payment terms. Payment is due immediately after invoicing without deduction unless otherwise agreed. (2) If the customer does not pay the invoice within the agreed payment period, a single reminder will be sent. After the first reminder, the customer will be informed that in the event of further payment delay, the claim will be handed over to a collection agency. (3) In the event of the claim being handed over to a collection agency, the customer shall bear all costs incurred by the collection, including legal fees and expenses resulting from the initiation of the collection process.
Delivery and performance
(1) Delivery and performance dates are agreed individually between the supplier and the customer. The delivery date is set either by the supplier or by a commissioned forwarding agent, after prior agreement with the customer. (2) If the customer does not accept delivery on the agreed date or does not keep the appointment, so that the goods are returned to the supplier or the forwarding agent, the customer shall bear the costs of the new delivery. These costs will be charged to the customer. (3) The supplier is entitled to make partial deliveries or partial services if this is reasonable for the customer.
Withdrawal and cancellation
(1) The customer can only withdraw from a contract if this is contractually agreed or legally possible. In the event of cancellation by the customer, the customer must reimburse the supplier for the costs and expenses already incurred. (2) Products manufactured according to the customer's specifications or clearly tailored to the customer's personal needs are excluded from the right of withdrawal and cancellation. This applies in particular to custom-made or specially manufactured products for the customer, which are not suitable for return or other use. (3) In the event of cancellation or modification of services already provided, such as travel costs or inspection appointments, additional fees may be charged to the customer.
Liability
(1) The supplier is only liable for damages caused by gross negligence or intent. Any liability for simple negligence is excluded unless it concerns an essential contractual obligation. (2) The supplier assumes no liability for damages occurring after the delivery of the goods if the customer does not unpack the goods within a reasonable period or stores them improperly. This includes, but is not limited to, water damage, animal or pest damage, and damage resulting from improper storage or long storage periods. (3) The customer is obliged to check the delivered goods immediately upon receipt and to report any defects within the period specified in section 8 of the GTC. Otherwise, the products are considered free of defects unless the damage was obvious upon delivery. (4) The supplier assumes no liability for the products, product descriptions, dimensions, or technical details stated on the invoice, as this information is provided by the manufacturer. Any liability for errors or deviations in this information is assumed by the manufacturer.
Warranty and defect claims
(1) The customer is obliged to check the received products or services immediately upon receipt. Defects must be reported in writing to the supplier within 3 days of receipt of the goods or after the service has been provided. (2) The warranty is governed by the manufacturer's warranty conditions. The supplier assumes no additional warranty obligations beyond the manufacturer's warranties. The customer can assert their claims directly with the manufacturer, provided the manufacturer offers a corresponding warranty or guarantee for the product. (3) In the event of defects, the customer is generally entitled to rectification or replacement in accordance with the manufacturer's warranties. If the supplier cannot carry out the rectification or if the manufacturer does not offer rectification, the customer can terminate the contract or reduce the price.
Data protection
(1) Responsible party The responsible party for the collection, processing, and use of personal data within the meaning of the General Data Protection Regulation (GDPR) is:
GKH Großküchenhandel Haackstraße 53 99869 Nessetal OT Friedrichswerth 01623309260 info@grosskuechenhandel.de
(2) Collection and processing of personal data The supplier collects and processes the customer's personal data only within the framework of legal provisions. This mainly concerns:
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Basic data (e.g., name, address, telephone number, email address) necessary for contract execution.
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Usage data (e.g., IP address, browser data) necessary for the provision and improvement of the website and services. The customer's personal data is primarily used for contract fulfillment and service provision.
(3) Purposes of data processing The processing of personal data is carried out for the following purposes:
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For the processing of orders, deliveries, and services.
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For handling inquiries and customer service.
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To improve the quality of products and services.
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To fulfill legal obligations, particularly tax and accounting requirements.
(4) Legal bases of processing The processing of personal data is based on the following legal bases:
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Contract fulfillment in accordance with Art. 6 para. 1 lit. b GDPR, insofar as the processing is necessary for the performance of a contract.
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Consent in accordance with Art. 6 para. 1 lit. a GDPR, if the customer has given their consent to the processing of their data (e.g., when subscribing to the newsletter).
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Legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR, if the processing is necessary to safeguard the legitimate interests of the supplier or third parties.
(5) Data transfer Personal data is only transferred to third parties if this is necessary for contract fulfillment, if the customer has expressly consented, or if there is a legal obligation. Recipients may include:
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Delivery and shipping service providers (e.g., DHL, UPS) for the delivery of goods.
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Payment service providers (e.g., PayPal, credit institutions) for payment processing.
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Billing and accounting services, insofar as this is necessary to fulfill tax and accounting obligations.
(6) Duration of storage of personal data Personal data is stored as long as necessary to fulfill contractual and legal obligations. After the retention periods have expired, the data is deleted or anonymized unless there is a legal obligation to retain it.
(7) Customer rights The customer has the right:
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To request information about the stored personal data in accordance with Art. 15 GDPR.
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To request the correction of incorrect or incomplete data in accordance with Art. 16 GDPR.
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To request the deletion of their personal data if the conditions of Art. 17 GDPR are met.
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To request the restriction of the processing of their personal data if the conditions of Art. 18 GDPR are met.
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To request data portability if the processing is based on consent or a contract and carried out using automated procedures, in accordance with Art. 20 GDPR.
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To object to the processing of their personal data in accordance with Art. 21 GDPR.