GENERAL TERMS & CONDITIONS Adalicious GmbH
1. All legal relationships (services and deliveries) of Adalicious GmbH are exclusively subject to the following general terms and conditions (GTC) including the privacy policy published on the website, even if the contract partner has different terms and conditions (precedence of the present GTC). Deviating terms and conditions only apply if they have been agreed upon in writing; there are no additional agreements.
2. By accepting these General Terms and Conditions, the contractual partner expressly declares that they have been read through carefully, taken note of and accepted prior to conclusion of the contract.
3. All contracts for services as well as deliveries between the parties to the contract become binding only after written confirmation by Adalicious GmbH. Offers by Adalicious GmbH are subject to change without notice. All goods and services remain the property of Adalicious GmbH until full payment has been made by the contracting party. Complaints about the delivery bills or defects of the goods must be made in writing immediately, at the latest within 7 days of receipt. In case of timely and justified notice of defects, the defective goods will be taken back and replaced or, if this is not possible, the contract will be rescinded. The contractual partner is not entitled to any other claims due to defects of the goods.
4. Default of acceptance, bankruptcy or bankruptcy rejection due to lack of assets entitles Adalicious GmbH to withdraw from the contract. In the case of withdrawal, Adalicious GmbH has the choice, in the event of fault on the part of the contractual partner, to demand a lump-sum compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In case of delayed payment, Adalicious GmbH is released from all further service and delivery obligations and is entitled to withhold outstanding deliveries or services or to demand advance payments or securities.
5. The specifications, descriptions, illustrations, etc. that have become the content of the order may be slightly modified. The contractual partner expressly accepts any minor deviations that do not impair the product quality. Adalicious GmbH is not liable for the availability of the offered products; the product range can be changed or limited by Adalicious GmbH at any time.
6. Unless otherwise agreed, all product prices are valid freight paid to the place of destination (see point 8), exclusive of VAT and, unless another currency is agreed, in EURO. For orders outside the EU area: customs duties, charges or taxes due at the destination must be borne by the contractual partner.
7. Invoices are payable net within 14 days of the invoice date, unless otherwise agreed in writing. Bank interest on arrears will be charged from the due date.
8. Deliveries of any kind shall be at the risk of the contractual partner. Events of force majeure entitle Adalicious GmbH to postpone the delivery for the duration of the hindrance and a reasonable grace period or to withdraw from the contract with regard to the unfulfilled part. Circumstances which make the delivery considerably more difficult or impossible are considered to be equivalent to force majeure, regardless of whether they occur at Adalicious GmbH itself or the subcontractor.
Delivery in Austria for gastronomy customers/wholesalers:
* Carriage free with minimum order quantity of € 199,00
* With an order from € 100,00 to € 130,00 we charge € 21,80 freight costs
* With an order from € 130,01 to € 199,00 € 10,90 freight costs will be charged
* Orders under € 100,00 can unfortunately not be processed.
Delivery in Bavaria for catering customers/wholesalers:
* Carriage free with a minimum order quantity of € 300,00
* For orders from € 200,00 to € 300,00 we charge € 35,00 freight costs.
* Orders under € 200,00 can unfortunately not be processed.
Delivery in Germany (except Bavaria) for catering customers/wholesalers:
* Carriage free with a minimum order quantity of € 500,00
* For an order from € 255,00 to € 383,00 we charge € 35,00 freight costs
* With an order from € 383,01 to € 500,00 € 17,90 freight costs will be charged.
* Orders under € 255,00 can unfortunately not be processed.
Delivery to private customers in Austria and Germany:
* Delivery conditions on request
The delivery is carried out by a delivery service specified by Adalicious GmbH. All information regarding shipping or delivery of the products are only approximate indications and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Adalicious GmbH therefore assumes no liability for delivery times.
Transport damage must be reported in writing immediately, at the latest within one week of delivery. After expiry of this period, a replacement delivery is excluded for insurance reasons.
9. Payments are to be made exclusively to Adalicious GmbH or to its authorized collection agent.
10. Place of payment and performance is the registered office of Adalicious GmbH. The contracting parties agree to the application of Austrian law. The application of UN sales law is excluded. The court of jurisdiction is the competent court in Innsbruck.
11. These General Terms and Conditions are established in German and English. In the event of any ambiguity, the German version shall prevail and German shall be agreed as the language of the contract, order and business.
12. Should one or more provisions of these GTC be or become legally ineffective or impracticable in whole or in part, this shall not affect the legal effectiveness or practicability of the remaining provisions. The legally ineffective or unenforceable provision shall be replaced by the statutory provision. If this would lead to an unacceptable result or in the case of loopholes, the legally ineffective or unenforceable provision shall be replaced by a legally effective or enforceable provision which comes as close as possible to the technical and economic content of the legally ineffective or unenforceable provision.
Innsbruck, May 1st, 2021