Terms and Conditions

I. Conclusion of Contract

1. All our current and future deliveries and services are based exclusively on the following General Terms and Conditions. Any conflicting terms and conditions of the purchaser are hereby entirely rejected.

2. The presentation of products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. By clicking the "Send Order" button, you submit a binding order for the goods in the shopping cart. The confirmation of receipt of your order takes place together with the acceptance of the order immediately after submission via an automated email. The purchase contract is concluded with this email confirmation. For direct sales, a legally binding signature on the order form is required.

II. Prices, Payment Terms

1. Our shop prices are net, excluding statutory VAT.

1.1 Barbecue devices of the HaJaTec® brand are subject to special payment terms: All standard models are subject to the 100% rule, i.e., 100% of the invoice amount is payable in advance upon order placement. The order becomes legally binding only after the full invoice amount has been credited to our company account without deductions.

2. Our prices assume standard shipping and transport conditions, provided these are part of the price. Additional costs due to difficult or obstructed shipping conditions are borne by the purchaser. The same applies to incorrect freight charges if we are not responsible for them.

3. Taxes, consulate fees, customs duties, and other charges are borne by the purchaser.

4. Delivery is made, at the purchaser’s choice, only against advance payment, instant transfer, or cash on delivery. If the purchaser fails to make the agreed advance payment within 10 days of receipt of the invoice, default interest according to § 288 BGB becomes due.

5. Payment is considered fulfilled once we have access to the full amount. Offsetting is only permissible with undisputed or legally established counterclaims. The purchaser may only exercise retention rights if they are based on the same contractual relationship.

6. If circumstances become known after the contract is concluded that reduce the purchaser’s creditworthiness, we may declare our claims due immediately, regardless of any deferrals or terms of accepted bills. We may also demand advance payment for outstanding deliveries. Further legal claims remain unaffected.

7. Checks and bills of exchange are accepted only on account of performance, bills only upon special agreement. Bill charges and other payment costs are borne by the purchaser and are payable immediately.

8. From the time of default, we charge interest on arrears of 2.5% per month, but at least the current account interest we have to pay.

9. If we accept returns or agree to a withdrawal from the purchase contract out of goodwill, the purchaser must pay lump-sum compensation of 15% of the purchase price for our incurred expenses. A withdrawal from the purchase contract requires our written confirmation and the returned goods must be undamaged. This does not apply to the statutory right of withdrawal.

III. Retention of Title

1. All delivered goods remain our property (retained goods) until all present and future claims against the purchaser are fully satisfied. The retention of title also applies until all contingent liabilities, such as guarantees or bill liabilities entered into on behalf of the purchaser, especially within the framework of a check-bill transaction, are fully released.

2. Processing or transformation of the retained goods is carried out on our behalf as supplier within the meaning of § 950 BGB, without any obligations arising for us. If our retained goods are processed, combined, or mixed with other goods not belonging to us, we acquire co-ownership of the new item in proportion to the invoice value of the retained goods to the invoice value of the other items. If our ownership expires due to combination, mixing, or processing, the purchaser hereby transfers to us the ownership or expectant rights they are entitled to in the new stock or item in the ratio of the invoice value of our retained goods, and stores them free of charge for us.

3. The purchaser may only resell the retained goods in the ordinary course of business and under their standard terms. This also applies within the framework of a service contract. The purchaser's claims against their customers from the resale of the retained goods are already assigned to us in the amount of our invoice value. In the case of resale after processing as per paragraph 2, the assignment applies in the amount of our invoice value of the processed retained goods. The advance assignment also includes all substitutes for the retained goods, such as claims against third parties (insurance, tortfeasors) due to loss, destruction, or damage.

4. The purchaser is authorized to collect the claims from the resale until our revocation. We will only make use of the revocation in justified cases. The purchaser is then obliged to disclose the assigned claims and their debtors with all necessary data for collection by us. Furthermore, the purchaser must hand over the relevant documents (delivery notes, invoices) in copy and inform third-party debtors of the assignment.

5. The purchaser must inform us immediately of any actual or imminent seizure of our retention rights by third parties and mark our retained ownership accordingly. Any intervention costs incurred by us are borne by the purchaser.

6. If the above retention of title rights are ineffective or unenforceable under the law applicable where the goods are located, the security that corresponds to the retention of title in that jurisdiction shall be deemed agreed. The purchaser undertakes to take all necessary measures and cooperate in establishing and maintaining comparable rights or securities.

IV. Delivery Periods and Dates

1. If the purchaser fails to fulfill any duties to cooperate or ancillary obligations, we are entitled to reasonably extend agreed delivery periods and dates, without prejudice to our rights arising from default of acceptance.

2. Compliance with delivery periods and dates is determined by the dispatch date from the factory/warehouse. If dispatch is delayed without our fault or if the goods are called off by the purchaser, delivery periods and dates shall be deemed met upon notification of readiness for shipment.

3. For cash on delivery, delivery periods begin with the date of our order confirmation; for advance payment, after full receipt of payment in our account.

4. Product-related tests necessary for use must be agreed upon in terms of type and scope. Costs are borne by the purchaser unless otherwise agreed.

5. We are entitled to make partial deliveries. We bear any additional costs if the reason for partial deliveries is not attributable to the purchaser.

V. Force Majeure, Delivery Obstacles

1. Events of force majeure entitle us to postpone delivery for the duration of the hindrance. If performance becomes unreasonable for either party, that party may withdraw from the contract.

VI. Dimensions, Technical Data

1. Compliance with dimensions and technical data is based on the manufacturer’s specifications. Dimensions and data provided by us in offers and confirmations are approximate only.

2. Our standard models are TÜV-tested and fitted with a type plate. Custom-made grills are generally not TÜV-tested. TÜV testing of these units is possible and will be initiated by us upon customer request, with all associated costs borne by the customer.

VII. Shipping and Risk Transfer

1. Unless otherwise agreed, we choose the carrier and method of shipment at our reasonable discretion.

2. If shipment is delayed for reasons attributable to the purchaser, the risk passes on the day the purchaser is notified of readiness for dispatch.

3. Goods notified as ready for shipment must be collected immediately, no later than within four days, from the supplying plant. Otherwise, we are entitled to assert our rights arising from default of acceptance.

4. In the case of visible transport damage, the purchaser must note this in the freight documents, immediately initiate an official record with the relevant authorities, and notify us.

5. The purchaser waives the return of packaging and will dispose of it properly at their own expense. Otherwise, they accept a surcharge of 3% of the purchase price.

VIII. Warranty

1. The purchaser’s warranty rights require that they have properly fulfilled their inspection and notification obligations under § 377 HGB.

2. If the goods are defective, warranty is limited exclusively to free replacement of the defective part. This requires the purchaser to identify the defective part specifically, possibly through a specialist company at their own expense. Additionally, the part in question must be made available to us for inspection.

3. If we are unwilling or unable to replace the part within a reasonable period, or if the replacement fails in any other way, the purchaser is entitled to withdraw from the contract or reduce the purchase price at our discretion.

4. Further claims by the purchaser under warranty and guarantees are excluded. We are not liable for damage not affecting the delivery item itself; in particular, we are not liable for lost profits or other financial losses of the purchaser, such as penalties, operational disruptions, wages, or consequential damages.

5. The above exclusion of liability does not apply if the damage is due to intent or gross negligence. It also does not apply if the purchaser has claims due to fraudulent concealment of a defect or the assumption of a guarantee for the quality of the item. In such cases, our liability is limited to typical, foreseeable damages.

6. The warranty period for barbecue devices is up to 30 years (depending on the model) and covers free replacement of defective parts, excluding wear parts. Wear parts (subject to mechanical and high thermal stress) have a warranty of 1–3 years from the date of invoice. This period also applies to damage claims unless they are based on unlawful acts.

7. We do not cover assembly and installation costs under the warranty.

IX. Guarantee

1. If the purchaser concludes an annual service contract (see Basic or Premium Maintenance Contract) including full guarantee with us, we grant them a 30-year guarantee from receipt of goods, including semi-annual inspections and free delivery and installation of spare parts. In case of failed repairs or prolonged maintenance, a replacement device will be provided.

2. The full guarantee is only valid with proof of purchase and does not apply to wear parts or damages caused by third parties.

X. Overall Liability

1. Any further liability beyond these terms, especially for damages, is excluded regardless of the legal nature of the claim, unless we are guilty of intentional or grossly negligent breach of essential contractual obligations. This does not apply to claims under the Product Liability Act.

2. The exclusion of liability applies to the same extent to our agents and assistants. In any case, our liability is limited to foreseeable, contract-typical damages at the time of contract conclusion.

XI. Choice of Law, Jurisdiction

1. All contracts are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods of 11.4.1980 (CISG).

2. Place of performance and jurisdiction is Frankfurt am Main. However, we are also entitled to sue the purchaser at their general place of jurisdiction.

3. Information according to the German Consumer Dispute Resolution Act:
There is no obligation and no willingness to participate in a dispute resolution procedure before a consumer arbitration board.

EU Online Dispute Resolution Platform: http://ec.europa.eu/consumers/odr

XII. Severability Clause

1. Should individual provisions of these terms and conditions of sale and delivery be or become invalid in whole or in part, the remaining provisions shall remain fully effective.

Version: 01.06.2024