AGB (General Terms and Conditions)

Here yoau will find the terms of contract between

Zum Flare, Namborner Straße 4, 66649 Oberthal (hereinafter referred to as "Provider") and the contractual partners specified in Section 2 of the contract (hereinafter referred to as "Customer(s)").

1 Scope

1.1 In the context of the business relationship between the provider and the customer, the following general terms and conditions (hereinafter "GTC") apply exclusively in the version valid at the time the contract was concluded.

1.2 Agreements that deviate from these General Terms and Conditions do not become part of the contract unless they are based on a written declaration by the provider.

1.3 In accordance with the legal requirements of § 13 BGB, the customer is a consumer insofar as he acts as a natural person and the present legal transaction is not predominantly attributable to his commercial or independent professional activity. On the other hand, according to § 14 BGB, he is considered an entrepreneur if he acts as a legal or natural person when concluding the legal transaction in the exercise of his commercial or self-employed professional activity.

1.4 The provider sells self-made food, drinks and non-food items (hereinafter "goods").

2. Conclusion of contract

2.1 Customer orders can be placed during business hours in person, by telephone or online on the website www.zumflare.de based on the following provisions.

2.2 The representations of the provider on its website, menus and exits on site or printed versions of the menu for home use do not represent a binding offer by the provider within the meaning of § 145 BGB to conclude a contract, but an invitation to submit an offer. The customer offers the provider the conclusion of the contract through his order.

2.3 In the case of ordering via the provider's website, the customer can make a selection from the provider's range of goods and collect them in the digital shopping cart. The contents of the shopping cart can be changed as desired before the order is sent, so that input errors can be eliminated. The customer then submits a binding offer to purchase or to manufacture the products in the shopping cart by clicking the "Order with obligation to pay" button. This offer includes these terms and conditions. The provider then sends the customer an automatic e-mail in which the customer's order is listed (hereinafter "acknowledgment of receipt"). This confirmation of receipt does not constitute acceptance of the offer, but merely a confirmation of receipt of the customer's offer. The contract is only concluded with a separate declaration of acceptance by e-mail (hereinafter "order confirmation"). These GTC and the customer's order are attached to the order confirmation so that the text of the contract is accessible to the customer. These documents are stored as part of the contract while maintaining data protection. Further information on the subject of data protection can be found under data protection declaration.

2.4 The conclusion of the contract outside of the electronic ordering system on the entrepreneur's website, such as orders in the pizzeria on site or by other means, is subject to the general legal regulations. With regard to the presentation of the goods of the provider, reference is made to Section 2 (2) of the General Terms and Conditions.

Contract language is the German language.

3. Delivery

3.1 The delivery times specified by the restaurant begin when the customer receives the order confirmation. If no delivery time is specified by the provider, it is approx. 50 minutes.

3.2 If goods from the supplier are not available at the time the customer places the order, the customer will be informed of this in the order confirmation. As a result, the customer's offer is rejected, so that a contract does not come about. If the contract has already been concluded, the provider has the right to withdraw from the contract by immediately informing the customer of the unavailability of the goods and immediately refunding any consideration paid by the customer.

3.3 Customer orders are processed in the order in which they are received, unless compelling operational reasons require a different order.

3.4 The following delivery restrictions apply: the provider only delivers to those customers who have their address in the delivery areas available in the online shop.

3.5 The delivery of spirits, tobacco products or other items that are subject to legal sales restrictions for the protection of minors will only take place upon presentation of the customer's identity card.

4. Retention of Title

The goods delivered by the provider to the customer remain the property of the provider until full payment has been made.

5. Prices

5.1 All prices stated in the provider’s representations include the applicable statutory sales tax.

5.2 The shipping costs to be borne by the customer can be found on the order form.

5.3 The goods will be sent to the customer's billing address by means of a delivery service or by employees of the provider. The seller bears the shipping risk.

5.4 The customer's right of withdrawal and thus the reimbursement of delivery costs only exists to the extent specified in Section 10 of these General Terms and Conditions.

6. Payment Arrangements

6.1 The customer has the option of paying for the goods he has ordered using the payment methods specified in the online shop's shopping cart.

6.2 The agreed fee is due upon conclusion of the contract, on this day. A further reminder is not required for the occurrence of default if a time is specified for the service according to the calendar, § 286 Para. 2 No. 1 BGB.

7. Disclaimer

7.1 Claims for damages by the customer are excluded, with the exception of the following regulations.

7.2 Excluded from this exclusion of liability are claims by the customer for damages due to injury to life, limb, health and claims for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on the observance of which the contractual partner regularly relies and may rely or the provider has to grant the contractual partner according to the content of the contract (so-called "cardinal obligations"). In the event of a breach of cardinal obligations, the liability of the provider extends only to the foreseeable damage that is typical for the contract and has already been caused by simple negligence, unless it is a matter of claims for damages due to injury to life or health caused by are exempt from this restriction.

7.3 The exclusion of liability according to § 7 paragraph 1 of these General Terms and Conditions also does not cover any other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.

7.4 The limitations of liability mentioned in § 7 paragraphs 1 to 3 of the General Terms and Conditions also apply in favor of the vicarious agents and legal representatives of the provider, insofar as claims are asserted against them.

7.5 The provisions of the Product Liability Act (ProdhaftG) remain unaffected.

8. Linking to Third Party Content

Although the provider carefully selects external links, the provider does not adopt their content and cannot assume any liability for it. The respective third-party providers are solely responsible for their content.

9. Warranty

9.1 The liability of the provider for material defects is based on the statutory provisions, in this case in particular §§ 434 et seq., 651 BGB.

9.2 The assertion of claims for damages is only possible under the conditions specified in § 7 of the General Terms and Conditions.

9.3 A guarantee from the provider is only part of the contract if this has been explicitly stated in the order confirmation.

10. General delivery service conditions for app and online orders

The following delivery service conditions apply to all orders. The delivery service conditions apply to any form of order and at the latest when the goods are accepted. Any contractual conditions of the customer that deviate from these terms and conditions are not valid even then. The General Terms and Conditions apply to your order in the version valid at the time of the order.

11. Order

By clicking on the "order" button at the end of the ordering process, you make a binding offer to purchase the goods in the shopping cart and confirm beforehand that you agree to the validity of these General Terms and Conditions. The acceptance of this contract offer is accepted by delivery of the goods. Please ensure that the data submitted is correct. Incorrect or incomplete personal information may cause problems or delays in delivery. Therefore, please make sure that you enter the correct address (including zip code), e-mail address and telephone number when ordering. We are not liable for non-delivery or late delivery if the information provided is incorrect or incomplete, and in this case the entire price of the goods ordered can be charged. In the case of spelling, printing and calculation errors in the app, on the website or in the flyer, we are entitled to calculate the specific price. In this case, the customer has an unrestricted right to withdraw from the delivery contract. The images reproduced in the app, on the website or in flyers are symbolic; the goods may differ in design, design and colour.

12. Delivery

We supply as long as we are not out of stock. Delivery is as quick as possible, usually within 45 minutes. All information about the delivery period and/or a delivery time, including any delivery time forecasts, are non-binding. This also applies to appointment orders by the customer, the binding nature of which must be expressly confirmed in writing, if necessary. The prices stated in the app, on the website or in the flyers are gross prices. The delivery takes place exclusively within our delivery areas, which are programmed into the app and on the website. We offer various payment options. The payment options may expand or change. The payment options available at the time of an order are mentioned during the ordering process. If payment is made by credit or debit card, your credit or debit card will be authorized as soon as your order has been confirmed and the amount reserved for payment. Payment is made to Karvi Solutions , (Wiesbaden) - our technical service provider and representative - and is then forwarded to us by Karvi Solutions . If customers are not found at the agreed or expected delivery date upon delivery, we reserve the right to charge an expense allowance. This right to charge an expense allowance also exists if a delivery fails for reasons that are the customer's responsibility (example: defective doorbell). The amount of the expense allowance corresponds to the gross order value.

13. Alcohol and Cigarettes

Alcoholic beverages (with the exception of beer) and cigarettes can only be ordered and delivered to persons who are at least 18 years old. Beer, on the other hand, can also be ordered online by 16-year-olds. Alcohol will only be sold upon delivery or collection upon presentation of an identity card.

14. Liability for Defects

We do not assume any guarantee of quality or other guarantees. The customer will check the goods for external damage and obvious errors upon delivery and, if necessary, make a complaint immediately. Should damage and/or loss occur during transport, the driver will inform the customer directly and immediately, while also notifying us. If the delivered goods are defective, the customer can demand supplementary performance through a replacement delivery. If the supplementary performance fails, the customer can withdraw from the purchase contract, reduce the purchase price or claim damages if the defect is not insignificant. Further claims of the customer - for whatever legal reason - are excluded, unless otherwise stated below. We are not liable for damage that has not occurred to the delivery item itself; in particular, liability for lost profits or other financial losses of the customer is excluded. We are liable for intent and gross negligence as well as for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which you as a customer regularly rely on. The above exclusions of liability do not apply to injury to life, body and health. Liability under the Product Liability Act remains unaffected.