General Terms And Conditions

§ 1 Basic Provisions

1. The following terms and conditions apply to contracts that you conclude with us as the provider (BigGastro) via the website https://biggastro.com/, unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions will not be recognized unless expressly agreed upon by us.
2. These General Terms and Conditions apply only to entrepreneurs, legal entities under public law, or special funds under public law as defined in § 310 para. 1 BGB (German Civil Code).

§ 2 Formation of Contract

1. The subject matter of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
2. Offers are non-binding and without obligation unless explicitly designated or confirmed as binding by BigGastro in writing. Drawings, illustrations, dimensions, weights, or other performance data are only binding if expressly agreed upon in writing (§ 126 BGB).
3. The contract is concluded via the online shopping cart system as follows:
   By clicking on the "Order with obligation to pay" button during the checkout process, the customer submits a binding contractual offer pursuant to § 145 BGB to BigGastro.
   The order confirmation email sent immediately after receipt of the customer's order does not constitute acceptance of the customer's order; therefore, no contract between the customer and BigGastro is concluded through this.
   The contract between BigGastro and the customer is concluded only upon acceptance of the customer's order through the shipping confirmation email, but no later than upon provision of the service. BigGastro may accept the customer's order via the online shop within 5 working days after receipt of the customer's order.
4. You may also submit a binding contract offer (order) by telephone, email, fax, or post.
   Acceptance of the offer (and thus conclusion of the contract) occurs immediately or within 5 working days for orders placed by telephone, through confirmation in text form (e.g., email), confirming the execution of the order or delivery of the goods (order confirmation).
   If you do not receive a corresponding message within this period, you are no longer bound to your order.
   Any services already rendered will be reimbursed promptly in this case.
5. Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we will be bound for 5 days (unless a different period is specified in the respective offer). You accept the offer by confirming in text form.
6. The processing of the order and the transmission of all information required in connection with the conclusion of the contract will be carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is accurate, that the receipt of emails is technically ensured, and, in particular, is not prevented by SPAM filters.

§ 3 Customer's Duties and Obligations

1. The customer ensures that all necessary ancillary and cooperation services are provided in a timely manner, to the extent required, and free of charge. If the customer fails to provide a required cooperation service, fails to do so in a timely manner, or fails to do so in the agreed manner, the resulting and incurred consequences (e.g., delays, additional effort) shall be borne solely by the customer.
2. It is the customer's responsibility to inspect the delivered goods for their suitability for their intended use before processing or using them, even if samples of goods were previously delivered.
3. Unless expressly agreed otherwise in writing with the customer, the customer is responsible for assembling or installing the goods themselves. The customer must follow the instructions in the supplied assembly or installation manual. Necessary connections of products to the public electricity or gas network must be carried out by a qualified specialist. The same applies to setting the necessary parameters during the initial commissioning of refrigeration and freezing equipment.
4. The customer must ensure that BigGastro has accurate customer data, including the address.

§ 4 Prices, Payment Terms, and Shipping Costs

1. The prices stated in the respective offers as well as the shipping costs are net prices and do not include statutory value-added tax.
2. The applicable shipping costs are not included in the purchase price; they will be separately calculated, unless free shipping is promised. Further details can be found under a correspondingly labeled button on our website or in the respective offer.
3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by banks), which are to be borne by you.
4. In cases where delivery is made to an EU member state, but payment is initiated outside the European Union, you are responsible for the costs of money transfer (bank transfer or exchange rate fees charged by banks).
5. You have the payment options displayed under a correspondingly labeled button on our website or in the respective offer. Unless otherwise stated for each payment method or on the invoice, payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or on the invoice.

§ 5 Delivery Conditions

1. The estimated delivery time is specified in the respective offer. Delivery dates and deadlines are binding only if they have been expressly designated or confirmed as binding by us in writing. For prepayment by bank transfer, shipment of the goods will only occur after the full purchase price and shipping costs have been received by us.
2. If a product ordered by you is unexpectedly unavailable despite the timely conclusion of an appropriate covering transaction for reasons not attributable to us, you will be promptly informed of the unavailability and any payments already made will be refunded immediately in the event of cancellation.
3. Shipment is at your risk. If you wish, shipment can be made with appropriate transport insurance, the costs of which are to be borne by you.
4. Partial deliveries are permissible and may be independently invoiced by us unless this incurs additional shipping costs for you.
5. The type, manner, and extent of packaging are at the discretion of BigGastro.
6. If BigGastro accepts goods from the customer outside of complaints about defects for purposes such as examination or repair, and if the customer refuses to accept the goods after examination or repair, or informs in advance that they will not accept the goods, BigGastro is entitled to dispose of the goods after prior written notice and setting a reasonable deadline for collection by the customer. BigGastro will reimburse the customer for the proceeds minus any storage and other costs incurred.

§ 6 Transfer of Risk, Examination for Transport Damage

1. Unless otherwise agreed in writing, risk of accidental loss, damage, or deterioration passes to the customer as soon as the shipment is handed over to the person executing the transport or has left the business premises of BigGastro for the purpose of dispatch or (self-)collection.
2. Upon arrival of the delivery, the customer shall immediately inspect its external condition, report any transport damage to the transport person, secure evidence thereof, and promptly notify BigGastro and the transport person by telephone and in writing. In the event of delivery to a different delivery address, the customer is obliged to ensure that the inspection for any transport damage is carried out in accordance with these provisions.

§ 7 Duty to Inspect, Warranty, Return of Freight Goods, Statute of Limitations

1. If the customer is a merchant, the customer must examine the goods immediately upon receipt and promptly notify BigGastro in writing of any obvious defects and defects that were detectable upon proper inspection, including any transport damage. Defects that could not be discovered even upon proper, immediate inspection must be reported to us in writing immediately after discovery. If the complaint deadline is missed, the customer's rights due to defects are excluded.
   The same applies to complaints regarding incorrect deliveries and quantity deviations.
2. Minor deviations from the agreed quality or insignificant impairments of usability do not constitute defects in the delivered goods. Variations in structure, color, and material are reserved. If exact conformity is not required for the contractual purpose, they do not constitute defects in the delivered goods.
3. In the event of justified complaints, we are entitled, at our discretion, to remedy the defect by rectification or to deliver new goods free of defects. If rectification fails twice, the buyer is entitled, at their discretion, to demand rescission or reduction of the purchase price.
4. The right of the customer to enforce claims for defects is excluded if the customer or a third party makes changes or repair work to the delivered goods without our prior consent, unless the customer can prove that the defects were not caused by the changes or repair work.
5. If, during the inspection for defects or later, it turns out that a notification of defects was unjustified, the customer is obliged to reimburse BigGastro for any costs incurred as a result.
6. Claims for defects do not exist if only minor deviations from the agreed quality, minor impairments of usability, natural wear and tear, or damage that occurs after the transfer of risk due to faulty or negligent treatment, excessive use, unsuitable equipment, defective construction work, unsuitable foundation, or due to special external influences that are not assumed under the contract, as well as non-reproducible software errors, exist. If the customer or a third party carries out inappropriate modifications or repair work, no claims for defects exist for these or the resulting consequences.
7. The statute of limitations for claims due to defects is twelve months, calculated from the transfer of risk.

§ 8 Liability

1. Claims for damages by the customer are excluded regardless of the legal grounds, in particular due to breaches of obligations arising from the obligation and from tort.
2. This does not apply if mandatory liability exists, such as under the Product Liability Act, in cases of intent, gross negligence, injury to life, body, or health, guarantees, or due to breach of essential contractual obligations. The damages for breach of essential contractual obligations are limited to the contract-typical, foreseeable damage, unless intent or gross negligence exists or liability is assumed for injury to life, body, or health. This also applies to the agents of BigGastro.
3. If the customer is entitled to compensation for damages instead of performance, our liability is limited to compensation for the foreseeable, typically occurring damage.

§ 9 Data Protection

1. BigGastro uses personal data exclusively for the purpose of processing the order. All customer data is stored and processed by BigGastro in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The customer has the right to information as well as the right to correction, blocking, and deletion of their stored data at any time.
2. The customer's personal data will only be passed on to third parties if this is necessary for the purpose of processing the contract, for billing purposes, or if the customer has given their prior consent. The customer has the right to revoke their consent with future effect at any time.
3. Further information on data protection can be found in the data protection declaration of BigGastro accessible via the website https://biggastro.com/.

§ 10 Applicable Law, Place of Jurisdiction, Severability Clause

1. For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
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 BigGastro is the registered office of BigGastro.
3. If individual provisions of the contract, including these provisions, are invalid in whole or in part, the validity of the remaining provisions remains unaffected. The wholly or partially ineffective regulation will be replaced by a regulation whose economic success comes closest to that of the ineffective one.

§ 11 Final Provisions

1. Changes or amendments to these General Terms and Conditions must be made in writing to be effective. This also applies to the amendment of this written form requirement.
2. Verbal promises made by BigGastro before the conclusion of this contract are not legally binding, and oral agreements of the parties are replaced by the written contract, unless it is expressly stated in writing that they continue to be binding.
3. 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 BigGastro is the registered office of BigGastro.