Mi - 17.Juli 2019

Terms and conditions

I. Purpose of the Company
Purpose of the Company project Gekko – beverage and collective trade (hereinafter collectively referred to as beverage) is the wholesale and retail, distribution and marketing of beverages, food and everyday needs and the provision of services. The fulfillment of orders is given and accepted by the collective drinks on their own behalf and for its own account on behalf of each client (hereinafter referred to as Contracting Authority) is performed.

II Warranty
First The client is obliged to inspect the goods immediately upon receipt for completeness and integrity, and any error within one week upon receipt of a complaint in writing. If the complaint is not timely account for the warranty claims of the client.
Second Upon receipt of incorrect quantity and / or defective goods, the drinks collective is entitled to choose to either make a Ersatz-/Nachlieferung or reduce the scope of the order to the affected lot. In any case, the beverage has to inform the collective contracting party of his decision within 2 working days of receipt of the complaint. Ersatz-/Nachlieferungen is the collective beverages, except make after consultation with the contracting party, within 7 working days. With a reduction of the contract scope of collective drinks a faulty calculation corrected for the amount issued.
Third If errors occur during execution of a contract, the client is not entitled to refuse payment of another order. Netting is allowed only if the set-off claim the client is undisputed or legally binding.

III. Duties of the procurement
First The Contracting Authority confirms the order, that she has all the necessary conditions for the purchase of goods ordered by it.
Second The contracting party shall indemnify the collective drinks of all costs and claims of third parties which is protected from violation of the competition, press, criminal or other legal provisions may result from the collective drinks.
Third The client is responsible for the timely and technically perfect conditions for the delivery and / or implementation of the order of their goods / services. This includes the technical design and / or execution time at events, concerts, festivals, fairs or exhibitions in accordance with those specified in the order confirmation respective specifications.
4th Orders can be for reasons that are in the area of ​​risk as owner, or are not only faulty run (late delivery / implementation), the drinks are the collective contracting party’s costs incurred by the commission charged. The amount of the cost is calculated from a handling charge of 85, – EUR + freight costs incurred. In addition, the procurement office at the commission to supply goods, which are specially designed for this mission procured by the beverage collective or produced (items not in a constant range of drinks collective or freshly produced, will be communicated in addition to the order confirmation) at least the purchase price or production cost of the goods / services is calculated. Does this collective drinks no fault of faulty or non-performance, then the contracting party for any claims against the collective drinks.
5th The client is not entitled to assign without the express prior consent of the beverage collective rights or obligations under the contract to a third party or transfer. The drinks may assign collective rights and obligations under the contract at any time to a third party or transferred. The contracting party grants to express their consent. As long as the contracting party was not informed of the transfer, it is entitled to be paid with debt-discharging effect to the collective drinks.

Cancellation by law
First The drinks Collective reserves the right to refuse even after the commissioning contract for reasons that make unreasonable for the collective drinks a contract execution. This is especially the case if the order by copyright, competition, press, criminal or other legal provisions violated and / or other conditions of the contract by the client or any of its agents, were reported incorrectly.
Second The contracting party shall have the right to be informed about the reasons for the rejection. Can the environment by the client does not meet the requirements of the relevant collective beverages, be amended, the Contracting Authority is entitled to reimbursement of payments already made. Does this collective drinks at the unreasonableness of the contract performance was not at fault, then this claim for restitution of costs to be deducted, which arose in the collective drinks already. (Cost calculation in accordance with § III 4) Further claims of the procurement shall be excluded. Are done in such a case the part of the procurement office no payments, then the drinks collective compensation for costs already incurred require Kostenberchnung according to § III 4.

V. Cancellation
First The cancellation of orders by the client is in principle possible. They must be timely and in writing.
Second Cancellations of orders, which is worth € 2000, – exceed EUR (gross) a time limit applies to 3 business days prior to delivery / utilization of services. For cancellations of orders up to 2000, – EUR (gross) is a deadline of one business day prior to delivery / utilization of services.
Third Basically, there are no cancellation fees. When not writing and / or timely cancellation, the already incurred costs of collective drinks per § III 4 is calculated.

VI. Prices
First For the contracts are valid at the time of contracting the valid price list of drinks collective, unless otherwise agreed in individual contracts.

VII Scope
First For all the drinks collective concluded / completed initial, ongoing and future transactions subject to the following conditions. Recognizes the collective drinks of the present general terms and conditions deviating conditions of the procurement does not. These are not even part of the contract, if the drinks collective does not expressly contradict them.
Second By placing an order the exclusive validity of these terms and conditions are accepted by the Contracting Authority.

VIII contract
First A collective agreement between the beverage and the procurement office comes about either by a written confirmation by letter, fax or e-mail from the collective drinks, or the fulfillment of the contract by the collective drinks. The beverage has the right to collective, not yet confirmed orders without giving reasons. As a rule, send the drinks collective is a confirmation by letter, fax or e-mail.
Second By the client verbal orders and order changes to confirmed orders are only effective if they are confirmed in writing by the collective drinks.
Third For the contracts in force at the time of contracting the valid price list of drinks collective.
4th For contracts that are offered through the online shop of the collective or drinks on the online ordering system, this particular site terms of use.

IX. Liability
First The collective beverages shall not be liable for the continuous availability of the offered goods / services, nor that by buying the goods / services, certain results can be achieved.
Second For damages, on whatever legal reason, the collective beverages is liable only for intent, gross negligence and lack of assured quality. This also applies to vicarious agents and legal representatives of the beverage collective.
Third In all other cases, the collective drinks is only liable if essential contractual obligations (cardinal obligations) are violated. Here, the damages to the typically foreseeable damage is limited. A balance of atypical or unforeseen damage does not occur.

X. Disclaimer
First The collective beverages shall not be liable for the timeliness, accuracy or completeness of the information on its website.
Second The drinks collective has no influence on the design and content of external internet sites. It disassociates itself from all external contents, even if on the sides of the beverage in this collective external sites. This applies to all links displayed on the website and all contents of the pages to which banners and links, as well as for external entries in guest books collectively drinks, discussion forums and mailing lists.

XI. Copyright
The homepage layout, graphics and pictures, the collection of contributions and individual contributions are protected under copyright law. Any reproduction or use without the express permission of the respective right holders is prohibited.

XII. Performance and Jurisdiction
First Of fulfillment and jurisdiction is the extent legally permissible, the seat of the beverage collective. The drinks, however, collectively entitled to assert claims against the contracting party at any other competent court for this claim.
Second For contracts subject to German law.

XIII. Other
First Changes or additions to the contract must be legally valid in written form. Oral side agreements have been made.
Second Should any part of these Terms and Conditions be or become invalid, then the remaining provisions of these terms and conditions in full force.

XIV payments
First Invoices are due immediately after their receipt without any deduction to a specified account of the collective drinks. The deduction of a discount requires separate written agreements.
Second Is indicated on the invoice a different payment and / or the granting of discounts to the provisions in the bill
Third Is the fulfillment of the payment claim of a after the contract has occurred or become known deterioration of the assets at risk of as owner, then the drinks collective the further execution of an order until payment has been made or for other contracts, without prejudice, conflict with earlier agreement, a deposit or other collateral.
4th The client comes with its obligation to pay full or partial default, it has to be paid from that date interest at the rate of 5% per annum above the base rate of the ECB, the Beverages collective does not prove a higher damage.
5th The drinks collective is entitled to demand payment in advance and deliver only after receipt of the invoice power.