General Terms and Conditions (GTC) - Eliseo Monti - Fuegos del Norte
1. Scope of application
Our General Terms and Conditions (GTC) apply in the current version for all deliveries and services offered by us. They are also included for future contracts. Deviating conditions of the customer are ineffective.
Our offers are subject to change. This applies to our services as well as to the prices. Unless otherwise stipulated in the offer, offers expire no later than four months from the date of the offer.
a. A contract is concluded with us as soon as we confirm your reservation or order in writing or verbally.
b. In the case of optional reservations, we are entitled to cancel the reservation as soon as the agreed date of the reservation has expired.
c. Services and supplies ordered but not used cannot be refunded.
a. All prices mentioned are in Euro.
b. The availability of our products, especially seasonal influences, make it necessary for us to reserve reasonable changes in our proposals. Due to seasonal fluctuations, this also applies to pricing. We ask for your understanding, you will always benefit from fresh, tasty products.
5. Number of participants
At the latest seven working days before the booked event, we must be informed in writing of the exact number of participants and, if applicable, the final choice of food. This information is considered guaranteed content of the contract and will be taken into account accordingly in the final invoice.
6. Event address
a. Deliveries and services will be made to the delivery address specified by the customer with the order on the agreed day.
b. The customer shall point out any special features at or in the event location in good time before the event is held. In particular, the customer shall notify any difficulties in good time, e.g. stairs over several floors, long distances, narrow corridors, other obstructions. Such difficulties are to be indicated with the order and justify if necessary the computation of additional costs.
7. Objects on loan
All items provided in connection with deliveries and services of Tommy's Devil's Kitchen are lent to the customer only for the event and will be taken back by us after the event is over. Items damaged, misused or lost by participants are to be replaced with the replacement cost or repair costs are to be paid.
a. Obvious defects can only be considered if the complaint is made immediately during the event.
b. If the customer finds out that goods or services were ordered incorrectly, an exchange is unfortunately not possible. We are sure you will understand that we cannot be held responsible for incorrect orders.
9. Cancellation / withdrawal / damages
a. The contract can only be cancelled for an important reason. If a contract is cancelled, we are entitled to charge the following cancellation fees:
aa. 21 days to 11 days before the start of the event 25% of the contract sum
ab. 10 days to 6 days before the start of the event 50 % of the contract sum
ac. from 5 days before the start of the event 75 % of the contract sum
ad. In the case of cancellations on the day of delivery, we reserve the right to charge up to 100% of the the value of the contract.
b. Furthermore, we reserve the right to prove and claim higher damages, e.g. for food that had to be ordered and paid for with a longer lead time.
a. Fuegos del Norte reserves the right to charge 50% of the calculated invoice amount as a deposit. Payment is due at the latest 2 weeks before the beginning of the event. In case of non-payment of the deposit, we are entitled not to carry out the event or the delivery. In this case, the organizer bears the full cost of the confirmed offer.
b. Invoices are due for payment immediately upon receipt without deduction. In the event that a delay in payment occurs, we must charge interest on arrears as well as reminder costs and other default costs.
Participation in an Asado Day is always at your own risk. We are not liable for any damage caused by a participant to property or persons or suffered during the event. Corresponding insurances for his protection have to be taken out by the participant himself (accident and personal liability insurance). We are not liable for the clothing, theft or loss of the participant's belongings.
a. For the order processing, the necessary personal data of the customer will be stored, the customer expressly agrees to this. It is a matter of course that we treat the data confidentially.
b. The customer is responsible for obtaining the necessary permits for the event in time.
c. The customer is responsible for the safety of the event; in this respect, the customer indemnifies Fuegos del Norte from claims of third parties upon first request.
d. In exceptional cases (e.g. aggressive or offensive behavior), Fuegos del Norte reserves the right to exclude individual persons or groups of persons from individual or all services offered. The services that are omitted as a result will not be charged.
13. Place of jurisdiction and place of performance
a. The contractual relationship shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
b. Place of jurisdiction and place of performance for both parties shall be Trier, provided that the client is a merchant within the meaning of Section 1 (2) of the German Commercial Code (HGB).