Contractual conditions within the framework of sales contracts via the platform https://indogo.de
Quang Hoa Nguyen
Restaurant Indochine / indogo.de
- hereinafter "Provider" -
the users of this platform referred to in § 1 of these terms and conditions - hereinafter referred to as "customer / customer" - are closed.
§ 1 scope
For the business relationship between the provider and the customer (private and commercial), the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 conclusion of contract
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the "Add to cart" button. With the "Buy now" button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.
(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order at indigo.de" by email, in which the customer's order is listed again and which the customer can print out using the "Print" function can. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the content of the order. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, we will send the contract text (consisting of the order, terms and conditions and order confirmation) to the customer on a permanent data carrier (e-mail or paper printout). The text of the contract is saved in compliance with data protection.
(3) The contract is concluded in the languages: German.
§ 3 delivery, availability of goods, payment modalities
(1) Delivery times specified by us are calculated from the time of our order confirmation (Section 2 (2) of these GTC), provided that the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions exist: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany.
(4) The customer can pay by PayPal (credit card, direct debit, purchase on account), credit card, instant transfer, Giropay, EPS and advance payment.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date.
§ 4 retention of title
The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal.
(3) In the event of a cancellation, the customer has to bear the direct costs of the return.
§ 6 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
§ 7 liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. He particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the customer's consent, the provider will not use the customer's data for the purposes of advertising, market research or opinion polls.
§ 9 Transport Damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
§ 10 final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer to the exclusion of the UN sales law and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. To the extent that this would represent unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.
Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find under https://ec.europa.eu/consumers/odr/ Find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.