General Terms & Conditions
GENERAL TERMS AND CONDITIONS OF THE JH GASTRONOMIE GMBH ONLINE SHOP AND THE RESTAURANT „JAN“ OPERATED BY JH GASTRONOMIE GMBH
SEC. 1 SCOPE
(1) The following General Terms and Conditions apply to all business relations between JH Gastronomie GmbH and a customer of the online shop of JH Gastronomie GmbH and/or to all business relations between JH Gastronomie GmbH and a guest of the restaurant „JAN“ operated by JH Gastronomie GmbH in the version valid at the time the contract is concluded.
(2) Where these General Terms and Conditions refer to „consumers“, these are natural persons to whom the purpose of the contract cannot be attributed as being a commercial, self-employed or freelance activity. Where these General Terms and Conditions refer to „Entrepreneurs“, these are natural or legal persons or partnerships with legal capacity who contract in the course of their commercial, self-employed or freelance activities. „Customers“ or „guests“ within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
(3) The cancellation right under Sec. 6 of this agreement does not apply to the business relationship between the Restaurant and entrepreneurs under Sec. 14 German Civil Code (BGB). We recommend that customers who are unsure whether they are consumers or entrepreneurs exercise their right to cancel in good time. If the subsequent legal examination shows that the organiser is an entrepreneur within the meaning of Sec. 14 German Civil Code (BGB), sentence 1 will apply.
All business transactions and the delivery of goods and vouchers are subject to these terms and conditions. The customer’s general terms and conditions shall not apply to direct business transactions with JH Gastronomie GmbH, even if JH Gastronomie GmbH does not expressly object to them and/or renders services without objection. This shall also apply if the customer has provided a special form for its conflicting terms and conditions in which they are to be objected to. Deviating terms and conditions shall only apply if expressly agreed in writing between JH Gastronomie GmbH and the customer.
SEC. 2 SUBJECT MATTER OF THE CONTRACT
(1) Table reservation:
The subject of a table reservation is the binding conclusion of a contract between JH Gastronomie GmbH and a guest for the catering of persons with a certain number of guests and all associated services and supplies offered by JH Gastronomie GmbH, in particular the provision of food and beverages agreed between the parties.
(2) Online shop:
The subject of an order in the online shop of JH Gastronomie GmbH is the sale of goods and/or vouchers. The specific goods and vouchers on offer can be found on the current offers pages in the online shop.
(3) The main features of the goods and vouchers on offer can be found in the corresponding item description.
SEC. 3 CONTRACTING PARTIES AND CONCLUSION OF THE CONTRACT FOR PURCHASES IN THE ONLINE SHOP
(1) The purchase contract is concluded with JH Gastronomie GmbH, Luisenstr. 27, 80333 Munich, Germany .
(2) The presentation of goods and/or vouchers on „www.jan-hartwig.com“ does not constitute a binding offer by JH Gastronomie GmbH. Only when the customer orders a product or voucher by clicking on the „Buy“ button is a binding offer made in accordance with Sec. 145 BGB (German Civil Code).
(3) Confirmation of the technical receipt of an order will be sent immediately upon receipt by JH Gastronomie GmbH to the email address provided by the customer. This confirmation of receipt does not constitute acceptance of the customer’s order by JH Gastronomie GmbH.
(3) A binding sales contract between JH Gastronomie GmbH and the customer is only concluded when a separate declaration of acceptance is sent by email or when the ordered goods are delivered within 10 days.
(4) Owing to the technical possibilities of presentation, the goods and/or vouchers ordered by the customer may vary within reason from the goods displayed on the Internet, in particular there may be variations in colour, insofar as this is reasonable.
(5) When placing an order, the customer can identify any input errors during the final confirmation before checkout and correct them at any time using the delete and change function before submitting the order.
(6) The exclusive language available for concluding the contract is German.
SEC. 4 PRICES & SHIPPING COSTS
All prices are inclusive of the applicable VAT and exclusive of any shipping costs. Customer can find out more about the shipping costs for offerings under https://jan-hartwig.com/shop.
SEC. 5 VALIDITY OF VOUCHERS
Vouchers are transferable. Claims arising from a voucher purchased from JH Gastronomie GmbH are subject to a statutory limitation period of 3 years from the date the voucher is issued. The duplication, editing or manipulation of the vouchers is not permitted. No replacements or refunds can be made for lost vouchers.
SEC. 6 PAYMENT TERMS
The following payment methods are available to customers in the JH Gastronomie GmbH online shop:
- Credit card
- PayPal Plus
(1) Credit Card
Stripe Payments Europe, Ltd. debits the invoice amount from the credit card account provided by the customer. In the event of assignment, payment can only be made to Stripe Payments Europe, Ltd. with debt-discharging effect. The credit card will be charged immediately after the customer has placed the order in the online shop. The provider remains responsible for general customer enquiries even if the method of payment by credit card via Stripe Payments Europe, Ltd is chosen. The terms and conditions of Stripe Payments Europe can be viewed under https://stripe.com/en-de/legal/ssa.
(2) PayPal Plus
a) As part of the PayPal Plus payment service, JH Gastronomie GmbH offers the customer various payment methods under PayPal Services. The customer is redirected to the website of the online provider PayPal. There the customer can enter their payment details and confirm the use of their data by PayPal and the payment instruction to PayPal. If the customer has chosen PayPal as a payment method, they need to have a PayPal account in order to be able to pay the invoice amount, or sign up first and confirm their identity with their login details. PayPal will automatically process the payment transaction immediately upon confirmation of the payment instruction. The customer will be provided with further instructions during the ordering process. If the customer has chosen credit card as a payment method, they do not need to have a PayPal account in order to be able to pay the invoice amount. The payment transaction will take place immediately after the payment order has been confirmed and after the customer’s credit card company, at PayPal’s request, has verified that the customer is a legitimate cardholder and their card has been charged. The customer will be provided with further instructions during the ordering process.
(3) In the event of late payment, JH Gastronomie GmbH is entitled to charge interest on arrears at a rate of 5% p.a. above the base rate (§ 247 BGB). JH Gastronomie GmbH reserves the express to prove higher damages.
SEC. 7 RETENTION OF TITLE
Goods and vouchers supplied remain the property of JH Gastronomie GmbH until the invoice amount has been paid in full.
SEC. 8 WARRANTY
The statutory provisions govern claims by the customer in the event of material defects in the goods purchased from the JH Gastronomie GmbH online shop.
SEC. 9 LEGAL RIGHT TO CANCEL FOR CONSUMERS WHEN BUYING FROM AN ONLINE SHOP
CANCELLATION RIGHT FOR CONSUMERS
CONSUMERS HAVE A CANCELLATION RIGHT IN ACCORDANCE WITH THE FOLLOWING PROVISIONS, WHEREBY A CONSUMER IS ANY NATURAL PERSON WHO ENTERS INTO A LEGAL TRANSACTION FOR PURPOSES THAT ARE NOT PREDOMINANTLY RELATED TO THEIR COMMERCIAL OR SELF-EMPLOYED PROFESSIONAL ACTIVITY:
CANCELLATION POLICY/CANCELLATION RIGHT
YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT GIVING ANY REASON. THE CANCELLATION PERIOD AMOUNTS TO FOURTEEN DAYS FROM THE DAY
- ON WHICH YOU OR A THIRD PARTY NAMED BY YOU WHO IS NOT THE CARRIER HAS TAKEN POSSESSION OF THE GOODS, OR IF YOU HAVE ORDERED ONE OR MORE ITEMS AS PART OF A SINGLE ORDER AND THE ITEMS ARE TO BE DELIVERED AS PART OF THE SAME ORDER;
- ON WHICH YOU OR A THIRD PARTY NAMED BY YOU WHO IS NOT THE CARRIER HAS TAKEN POSSESSION OF THE LAST GOODS, OR IF YOU HAVE ORDERED SEVERAL ITEMS AS PART OF A SINGLE ORDER AND THE ITEMS ARE DELIVERED SEPARATELY;
- ON THE DATE ON WHICH YOU OR A THIRD PARTY NAMED BY YOU WHO IS NOT THE CARRIER TOOK POSSESSION OF THE LAST PART-CONSIGNMENT OR THE LAST ITEM.
IF MORE THAN ONE OF THE ABOVE ALTERNATIVES APPLY, THE CANCELLATION PERIOD DOES NOT COMMENCE UNTIL YOU, OR A THIRD PARTY NAMED BY YOU WHO IS NOT THE CARRIER, HAVE TAKEN POSSESSION OF THE LAST ITEMS OR THE LAST PART-CONSIGNMENT OR LAST ITEM.
IN ORDER TO EXERCISE YOUR RIGHT TO CANCEL, YOU MUST NOTIFY US (JH GASTRONOMIE GMBH, LUISENSTR. 80333 MUNICH, GERMANY, PHONE: +49 (0)89 2370 8658, EMAIL: ANFRAGE@JAN-HARTWIG.COM) OF YOUR DECISION TO CANCEL THIS CONTRACT BY MEANS OF A CLEAR DECLARATION (E.G. A LETTER SENT BY POST, OR BY TELEPHONE, TELEFAX OR EMAIL). YOU MAY, BUT ARE NOT OBLIGED TO, USE THE ATTACHED CANCELLATION FORM IF YOU WISH.
YOU CAN DOWNLOAD THE CANCELLATION FORM HERE: WWW. JAN-HARTWIG.COM/CANCELLATION ((Hier bitte verlinken auf Widerrufsformular)
IN ORDER TO COMPLY WITH THE CANCELLATION PERIOD, IT IS SUFFICIENT TO SEND THE NOTIFICATION THAT YOU WISH TO EXERCISE YOUR CANCELLATION RIGHT BEFORE THE END OF THE CANCELLATION PERIOD.
CONSEQUENCES OF CANCELLATION
IF YOU CANCEL THIS CONTRACT, WE WILL BE OBLIGED TO REFUND TO YOU ALL PAYMENTS WE HAVE RECEIVED FROM YOU, INCLUDING DELIVERY CHARGES (OTHER THAN ANY ADDITIONAL CHARGES INCURRED AS A RESULT OF YOU CHOOSING A DELIVERY METHOD OTHER THAN THE CHEAPEST STANDARD DELIVERY METHOD WE OFFER), SUCH REFUND TO BE MADE IMMEDIATELY OR NO LATER THAN FOURTEEN DAYS AFTER WE RECEIVE YOUR NOTICE THAT YOU WISH TO CANCEL YOUR CONTRACT WITH US. WE WILL MAKE THE REFUND USING THE SAME PAYMENT METHOD YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS OTHERWISE EXPRESSLY AGREED WITH YOU. YOU WILL NOT BE CHARGED ANY FEES FOR THIS REFUND. WE MAY WITHHOLD ANY REFUND UNTIL WE HAVE RECEIVED THE GOODS TO BE RETURNED OR YOU CAN PROVE THAT YOU HAVE RETURNED THE GOODS, WHICHEVER TAKES PLACE EARLIER.
YOU MUST RETURN OR HAND OVER THE GOODS IMMEDIATELY AND IN ANY EVENT NO LATER THAN FOURTEEN DAYS AFTER YOU NOTIFY US OF YOUR CANCELLATION. THE TIME LIMIT WILL BE DEEMED TO HAVE BEEN MET IF YOU DISPATCH THE GOODS BEFORE THE END OF THE FOURTEEN DAY PERIOD. RETURN SHIPPING TAKES PLACE AT OUR EXPENSE. YOU WILL ONLY BE REQUIRED TO PAY FOR ANY DIMINUTION IN THE VALUE OF THE GOODS IF THE DIMINUTION IN VALUE IS DUE TO UNNECESSARY TESTING OF THE QUALITY, CHARACTERISTICS AND FUNCTIONALITY OF THE GOODS.
THE RIGHT TO CANCEL DOES NOT APPLY TO DISTANCE SELLING CONTRACTS
- FOR THE SUPPLY OF GOODS WHICH ARE NOT MANUFACTURED IN ADVANCE AND WHERE THE CONSUMER’S INDIVIDUAL CHOICE OR DECISION HAS PREDOMINATED IN THEIR MANUFACTURE, OR WHICH ARE CLEARLY TAILORED TO THE CONSUMER’S PERSONAL NEEDS;
- FOR THE SUPPLY OF GOODS THAT CAN SPOIL QUICKLY OR HAVE A USE-BY DATE THAT WOULD EXPIRE QUICKLY;
- FOR THE SUPPLY OF SEALED GOODS WHICH CANNOT BE RETURNED FOR SANITARY OR HYGIENIC REASONS IF THE SEAL HAS BEEN REMOVED AFTER DELIVERY,
- FOR THE SUPPLY OF GOODS IF THESE HAVE BEEN THE SUPPLY OF GOODS IF THESE HAVE BEEN INSEPARABLY MIXED WITH OTHER GOODS AFTER DELIVERY DUE TO THEIR NATURE,
- FOR THE SUPPLY OF ALCOHOLIC BEVERAGES, THE PRICE OF WHICH IS AGREED AT THE TIME OF CONCLUSION OF THE CONTRACT, BUT WHICH CANNOT BE DELIVERED UNTIL AT LEAST 30 DAYS AFTER CONCLUSION OF THE CONTRACT, AND THE CURRENT VALUE OF WHICH DEPENDS ON MARKET FLUCTUATIONS OVER WHICH THE SUPPLIER HAS NO CONTROL,
- FOR THE SUPPLY OF SOUND OR VIDEO RECORDINGS OR COMPUTER SOFTWARE IN SEALED PACKAGING WHERE THE SEAL HAS BEEN REMOVED AFTER DELIVERY; OR
- FOR THE SUPPLY OF NEWSPAPERS, PERIODICALS AND MAGAZINES, EXCLUDING SUBSCRIPTION CONTRACTS.
END OF CANCELLATION POLICY
SEC. 10 RESERVATIONS
(1) By making a reservation for one or more tables, the guest makes a legally binding declaration to appear at the time of the reservation with the number of persons indicated and to select and order from the menus and drinks offered on the menu. The reservation of a table therefore creates a binding contractual relationship between the two parties.
(2) The guest is obliged to provide details of a valid credit card in their name when making a reservation. JH Gastronomie GmbH will block EUR 320.00 per person on the deposited card as security.
(3) The guest can cancel their reservation free of charge up to 48 hours beforehand using the link in the confirmation email only.
In the event of a later cancellation less than 48 hours before, JH Gastronomie GmbH will attempt to allocate the places reserved by the guest to other guests on the waiting list. If this is not possible, JH Gastronomie GmbH will regrettably be forced to charge the guest’s credit card used to make the reservation with a cancellation fee of 320.00 euro per person, at least on a pro rata basis, as compensation for the expenses incurred.
The guest will receive confirmation of any cancellation or change to the reservation by email.
SEC. 11 LIMITATION OF LIABILITY
(1) JH Gastronomie GmbH accepts liability for intent and gross negligence. Furthermore, JH Gastronomie GmbH accepts liability for the negligent breach of obligations, the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and the observance of which the customer regularly relies on. In the latter case, however, JH Gastronomie GmbH only accepts liability for foreseeable damage typical of the contract. JH Gastronomie GmbH cannot be held liable for slightly negligent breaches of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability do not apply to loss of life, limb or health. Liability under the German Product Liability Act (ProdHaftG) remains unaffected.
(2) Under the current state of the art, data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, JH Gastronomie GmbH cannot be held liable for the constant and uninterrupted availability of its online commercial system.
SEC. 12 FINAL PROVISIONS
(1) Changes or amendments to these terms and conditions must be made in writing. This also applies to the amendment of this written requirement clause.
(2) This contract is governed by the laws of the Federal Republic of Germany, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Mandatory regulations of the state in which the customer or guest has their habitual residence remain unaffected.
(3) In business transactions with merchants and legal entities under public law, the place of jurisdiction for all legal disputes arising from these terms and conditions and from individual contracts concluded on the basis of these terms and conditions, including actions on bills of exchange and cheques, is the registered office of our company in Munich. In this case, JH Gastronomie GmbH is also entitled to take legal action at the place of business of the customer or guest. The same applies if the customer or guest is an entrepreneur and has no general jurisdiction in Germany or the EU, or their domicile or habitual place of residence remain unknown at the time of legal action.
(4) Information on online dispute resolution: The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts with a consumer. JH Gastronomie GmbH is neither prepared nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
If you want to withdraw from the contract, please fill out this form and send it back.
To JH Gastronomie GmbH – Luisenstrasse 27, 80333 Muenchen
I/we (*) hereby declare that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/for the delivery of the following service (*):
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s) – please specify: Country, postcode, town, street, house number
Thank you for contacting us. We very much regret your revocation and will process your request as soon as possible. Do you have any other requests/questions?
Signature of the consumer(s) (only for notification on paper)
(*) delete if not applicable