Here you will find the terms of contract between

Pizzeria Milano Reifergang 1, 18356 Barth (hereinafter referred to as the "Provider") and the contracting parties specified in § 2 of the contract (hereinafter referred to as the "Customer(s)").

1. scope of application

1.1 Within the scope of the business relationship between the Provider and the Customer, the following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively, in the version valid at the time of conclusion of the contract.

1.2 Agreements deviating from these GTC shall not become part of the contract unless they are based on a written declaration by the Provider.

1.3 In accordance with the legal requirements of § 13 BGB (German Civil Code), the customer is a consumer if he acts as a natural person and the legal transaction in question is not predominantly attributable to his commercial or independent professional activity. On the other hand, he is considered an entrepreneur according to § 14 BGB, as far as he acts as a legal entity or natural person when concluding the legal transaction in the exercise of his commercial or independent professional activity.

1.4 The Provider sells self-produced food, beverages and non-food items (hereinafter "Goods").

2 Conclusion of contract

2.1 Orders of the customer can be placed during business hours in person, by telephone or online on the website www.pizzeriamilanobarth.de on the basis of the following provisions.

2.2 The representations of the Provider on its Internet presence, menus and outlets on site or printed versions of the menu for home use, do not constitute a binding offer of the Provider within the meaning of § 145 BGB to conclude a contract, but an invitation to submit an offer. Consequently, the Customer offers the Provider the conclusion of a contract by placing an order.

2.3 In the event of an order via the Provider's website, the Customer may make a selection from the Provider's range of goods and collect them in the digital shopping cart. The content of the shopping cart can be changed as desired before sending the order, so that input errors can be eliminated. By clicking the button "order with obligation to pay", the customer then makes a binding offer to purchase or produce the products in the shopping cart. This offer includes the present terms and conditions. Thereupon, the Provider sends the Customer an automatic e-mail in which the Customer's order is listed (hereinafter "Acknowledgement of Receipt"). This acknowledgement of receipt does not constitute an acceptance of the offer, but merely a confirmation of receipt of the offer of the customer. Only by a separate declaration of acceptance, by e-mail, the contract is concluded (hereinafter "order confirmation"). These General Terms and Conditions as well as the customer's order are attached to the order confirmation so that the text of the contract is accessible to the customer. These documents are stored as the content of the contract in compliance with data protection. Further information on data protection can be found under Privacy Policy.

2.4 The conclusion of the contract outside the electronic ordering system on the Internet presence of the entrepreneur, such as orders in the pizzeria on site or by other means, is subject to the general statutory provisions. With regard to the presentation of the goods of the provider, reference is made to § 2 para. 2 of the GTC.

Contract language is the German language.

3. delivery

3.1 The delivery times stated by Restaurant begin at the time the order confirmation is received by the customer. If no delivery time is specified by the supplier, it is approximately 50 minutes.

3.2 If goods of the Provider are not available at the time of the Customer's order, the Customer will be informed of this in the order confirmation. This rejects the offer of the customer, so that a contract is not concluded. If the contract has already been concluded, the provider has the right to withdraw from the contract by immediately informing the customer about the unavailability of the goods and immediately refunding any consideration paid by the customer.

3.3 Customer orders shall be processed in the order in which they are received, unless compelling operational reasons dictate a different order.

3.4 The following delivery restrictions apply: the Provider shall only deliver to those Customers who have their address in the delivery areas available in the Online Shop.

3.5 The delivery of spirits, tobacco products or other articles, which are subject to legal sales restrictions for the protection of minors, will only be made upon presentation of the customer's identity card.

4. reservation of proprietary rights

The goods delivered by the provider to the customer, remain until full payment, the property of the provider.
 

5. prices

5.1 All prices stated in the Provider's representations are inclusive of the applicable statutory value-added tax.

5.2 The shipping costs to be borne by the customer can be found on the order form.

5.3 The goods are shipped by means of a delivery service or by employees of the provider to the billing address of the customer. The shipping risk is borne by the provider.

5.4 A right of withdrawal of the customer and thus the reimbursement of delivery costs, exists only to the extent described in § 10 of these terms and conditions.

6. payment modalities

6.1 The customer has the option to pay for the goods ordered by him with the payment methods specified in the shopping cart of the online store.

6.2 The agreed payment is due upon conclusion of the contract, on this day. For the entrance of the delay it does not need a further reminder, if for the achievement a time is determined after the calendar, § 286 exp. 2 No. 1 BGB.

7. exclusion of liability

7.1 Claims for damages by the customer are excluded, with the exception of the following provisions.

7.2 Excluded from this exclusion of liability are claims of the customer for damages due to injury to life, limb or health as well as claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract and on whose compliance the contractual partner regularly relies and may rely or the provider must grant the contractual partner according to the content of the contract (so-called "cardinal obligations"). In the event of a breach of cardinal obligations, the liability of the Provider shall only extend to the foreseeable damage typical for the contract, even if caused by simple negligence, unless it concerns claims for damages due to injury to life, body or health, which are excluded from this limitation.

7.3 The exclusion of liability pursuant to § 7 para. 1 of these GTC shall also not cover any other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents.

7.4 The limitations of liability specified in § 7 para. 1 to 3 of the GTC shall also apply in favor of the Provider's vicarious agents and legal representatives if claims are asserted against them.

7.5 The regulations of the Product Liability Act (ProdhaftG) remain unaffected.

8. linking to third party content

Although the provider carefully selects external links, the provider does not adopt their contents as its own and cannot assume liability for them. The respective third party providers are solely responsible for their content.

9 Warranty

9.1 The liability of the provider for material defects is governed by the statutory provisions, in particular § § 434 et seq, 651 BGB.

9.2 The assertion of claims for damages is only possible under the conditions specified in § 7 of the GTC.

9.3 A guarantee of the supplier is only part of the contract if it was explicitly declared in the order confirmation.

10 General Delivery Service Conditions for App and Online Orders

The following delivery service conditions apply to all orders. The Delivery Service Terms and Conditions shall be deemed accepted by any form of order and at the latest upon acceptance of the goods. Any contractual conditions of the customer deviating from these terms and conditions shall not be valid even then. The General Terms and Conditions in the version valid at the time of the order shall apply to your order.
 

11. order

By clicking on the button "order" at the end of the ordering process, you submit a binding offer to purchase the goods in the shopping cart and confirm beforehand that you agree to the validity of these General Terms and Conditions. The acceptance of this contract offer is accepted by delivery of the goods. Please make sure that the transmitted data is correct. Incorrect or incomplete personal data may cause problems or delays in delivery. Therefore, please make sure that you provide the correct address (including zip code), email address and phone number when placing your order. We are not liable for non-delivery or late delivery in case of incorrect or incomplete information and in this case the full price of the ordered goods may be charged. In case of spelling, printing and calculation errors in the app, on the website or in the flyer, we are entitled to the specific price calculation. In this case, the customer has an unrestricted right to withdraw from the delivery contract. The images reproduced in the app, on the website or in flyers are symbolic; the goods may differ in execution, design and color.

12 Delivery

We deliver while stocks last. Delivery will be made as soon as possible, regularly within 45 minutes. All information about the delivery period and/or a delivery date, including any delivery time forecasts are not binding. This also applies to date orders of the customer, the binding nature of which must be expressly confirmed in writing, if necessary. The prices stated in the app, on the website or in the flyers are gross prices. Delivery is made exclusively within our delivery areas, which are permanently programmed in the app and on the website. We offer various payment options. The payment options may expand or change. The payment options available at the time of an order will be mentioned during the ordering process. If payment is made by credit or debit card, once your order is confirmed, your credit or debit card will be authorized and the amount will be held for payment. Payment will be made to KarviSolutions , (Wiesbaden) - our technical service provider and representative - and will then be forwarded to us by Karvi Solutions . If customers are not found at the agreed or expected delivery date, we reserve the right to charge an expense allowance. This right to charge an expense allowance also exists if a delivery fails for reasons that lie in the customer's area of responsibility (example: defective doorbell). The amount of the compensation for expenses corresponds to the gross order value.

13. alcohol and cigarettes

Alcoholic beverages (with the exception of beer) and cigarettes, can be ordered and delivered only by persons who are at least 18 years old. Beer, on the other hand, can also be ordered online by 16-year-olds. Alcohol will only be delivered or picked up upon presentation of an identity card.

14.liability for defects

We do not guarantee the quality of the goods or any other guarantees. The customer will check the goods for external damage and obvious defects upon delivery and, if necessary, complain immediately. Should damage and/or loss occur during transport, the driver will inform the customer directly and immediately, at the same time notifying us. If the delivered goods are defective, the customer may demand subsequent performance by replacement delivery. If the subsequent performance fails, the customer can withdraw from the purchase contract in case of a not insignificant defect, reduce the purchase price or claim damages. Further claims of the customer - irrespective of the legal grounds - are excluded, unless otherwise stated below. We shall not be liable for damages that have not occurred to the delivery item itself; in particular, liability for loss of profit or for other financial losses of the customer shall be excluded. We shall be liable for intent and gross negligence as well as for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which you as the customer regularly rely on. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.