(1) These General Terms and Conditions ("Terms") apply to all contracts for the sale, delivery, or pickup of food and beverages ("Goods"), such as kebabs, pizzas, and related items, concluded between us (Stern Kebab & Pizza Enzweihingen) and you as the customer via our website, app, telephone, or other ordering channels.
(2) "Consumer" means any natural person acting for purposes that are predominantly outside their trade, business, craft, or profession (§ 13 German Civil Code – BGB). "Entrepreneur" means a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or self-employed professional activity (§ 14 BGB).
(3) Deviating, conflicting, or supplementary terms of the customer become part of the contract only if we expressly agree to them.
2. Conclusion of Contract
(1) The presentation of our Goods on the website, menu, or other media does not constitute a binding offer.
(2) Your order constitutes a binding offer to conclude a purchase contract. We accept this offer by sending an order confirmation via email/SMS or by commencing preparation of the Goods. The contract is concluded upon receipt of our acceptance.
(3) For delivery: We reserve the right to refuse orders (e.g., if the delivery address is outside our delivery area) without stating reasons.
(4) For pickup: The contract is concluded upon confirmation of the pickup time.
3. Prices, Payment, Retention of Title
(1) All prices include statutory value-added tax (currently 7% for food or 19% as applicable) and are exclusive of any delivery fees.
(2) Delivery fees (if applicable) are displayed clearly before order completion.
(3) Payment options: [Insert your accepted methods here, e.g., cash on delivery/pickup, prepayment, PayPal, credit card, etc.].
(4) In case of prepayment, payment is due immediately. Title to the Goods remains with us until full payment is received.
4. Delivery / Pickup, Delivery Times
(1) Delivery is limited to our specified delivery area (details shown during ordering).
(2) Stated delivery or pickup times are approximate and non-binding unless expressly agreed as binding. We aim to meet them but are not liable for delays due to force majeure, traffic, high order volumes, or similar reasons.
(3) For pickup: Goods must be collected within [e.g., 30 minutes] of the notified readiness time; otherwise, we may dispose of them without refund (unless otherwise agreed).
5. Right of Withdrawal / Exclusion
(1) Consumers generally have a 14-day right of withdrawal for distance contracts.
(2) Exclusion of the right of withdrawal: Pursuant to § 312g para. 2 no. 2 BGB, the right of withdrawal does not apply to contracts for the supply of Goods that can spoil quickly or whose expiry date would be quickly exceeded.
Pursuant to § 312g para. 2 no. 3 BGB, it also does not apply to sealed Goods unsuitable for return for health protection or hygiene reasons once the seal is broken after delivery.
As our Goods are freshly prepared food items (pizzas, kebabs, etc.) that spoil quickly or are unsuitable for return for hygiene reasons, there is generally no right of withdrawal.
6. Warranty / Liability
(1) Statutory warranty rights apply (§§ 434 et seq. BGB).
(2) Obvious defects (e.g., wrong or missing items) must be reported immediately upon receipt.
(3) We are liable without limitation for intent and gross negligence. In cases of simple negligence, liability is limited to damages from breach of essential contractual obligations (cardinal obligations), capped at typical, foreseeable damage.
(4) Liability under the German Product Liability Act remains unaffected.
7. Complaints / Dispute Resolution
(1) For complaints, please contact us at ullah.abdpk@gmail.com or +49 7042 9113883.
(2) The European Commission provides an Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
8. Changes to these Terms
We reserve the right to amend these Terms. The amended version will be published on our website. Continued use of our services after the effective date constitutes acceptance.
9. Severability Clause
If any provision is invalid, the remaining provisions remain effective.
10. Applicable Law, Jurisdiction
(1) German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For consumers, mandatory consumer protection provisions of the country of habitual residence remain applicable. For merchants, legal persons under public law, or special funds under public law, exclusive jurisdiction is Vaihingen an der Enz, Germany.
Contact for Questions:
Email: ullah.abdpk@gmail.com
Phone: +49 7042 9113883
