Terms of service

General Terms & Conditions of Sale and Delivery of Outdoorchef Deutschland GmbH (‘Terms & Conditions’)

1. GENERAL

Outdoorchef Deutschland GmbH, Ochsenmattstrasse 10, 79618 Rheinfelden – Germany (hereinafter ‘OUTDOORCHEF’) is part of the Swiss Outdoorchef AG corporate group, which develops, produces and sells barbecues, accessories and spare parts (hereinafter the ‘Product’ or ‘Products’). OUTDOORCHEF sells Products to Customers in Germany. These Terms & Conditions apply to the purchase contracts concluded between OUTDOORCHEF and its Customers and apply as of 1 March 2021. They replace all preceding versions.

The Terms & Conditions apply irrespective of whether the Customer is a consumer (Section 13 of the German Civil Code [Bürgerliches Gesetzbuch, BGB]) or an entrepreneur (Section 14 of the BGB). Different regulations for purchase contracts with consumers (B2C) and with entrepreneurs (B2B) are marked accordingly.

All agreements concluded between the Customer and OUTDOORCHEF in connection with the purchase contract are based in particular on these Terms & Conditions of Sale, the written order confirmation and the declaration of acceptance from OUTDOORCHEF. Any general terms & conditions of business or purchasing of the Customer shall apply only if they have been expressly confirmed in writing by OUTDOORCHEF.

The version of the Terms & Conditions in force at the time of conclusion of the contract is definitive. OUTDOORCHEF may make changes to these Terms & Conditions at any time. The changes shall be made known to the Customer by email or in another appropriate way (online).


2. ORDER AND CONFIRMATION


2.1 ORDER AND CONFIRMATION FOR CUSTOMERS WHO ORDER IN WRITING OR BY PHONE
The Products are ordered by Customers from OUTDOORCHEF in writing, electronically or by phone.

The principles outlined under clause 2.2 apply to electronic orders placed via the online shop.
By placing an order, the Customer agrees to these Terms & Conditions. The order constitutes an offer on the part of the Customer to OUTDOORCHEF. OUTDOORCHEF shall confirm receipt of the offer, but this does not constitute acceptance of said offer. OUTDOORCHEF shall verify whether the Product is available. If it is available, the Product shall be sent to the Customer. Shipping of the Product constitutes acceptance of the Customer’s offer on the part of OUTDOORCHEF, and the purchase contract is concluded.

Orders placed are binding on Customers until they are rejected by OUTDOORCHEF. Unless specified otherwise, the Customer has no right of return or cancellation; this is without prejudice to the right that may be available to the Customer under clause 4 to cancel the order.

Any deviations in the confirmation sent by OUTDOORCHEF from the Customer’s order shall be reported by the Customer immediately, at the latest within 2 working days of receipt of the OUTDOORCHEF confirmation. If the Customer fails to make such a report or is delayed in doing so, the conditions in the OUTDOORCHEF confirmation shall be deemed to have been accepted by the Customer.

2.2 ORDER AND CONFIRMATION IN THE ONLINE SHOP
The presentation and advertising of Products in the online shop does not constitute a binding offer to conclude a purchase contract. The Customer makes a selection from the OUTDOORCHEF online shop and makes OUTDOORCHEF an offer for the Product selected in the online shop by submitting an order.

If the Customer is an entrepreneur (B2B), they will receive the corresponding login details to place an order via the online shop from OUTDOORCHEF on request.

In submitting an order via the online shop and confirming the Terms & Conditions by clicking the corresponding button, the Customer is making a binding application to buy the Products in the shopping basket. The Customer can change and view the data at any time before submission of the order. However, the application can be submitted and transmitted only if the Customer accepts these contractual conditions by clicking on the button, thereby including them in the application. The Customer is bound to the order for a period of two (2) weeks from submission of the order; this is without prejudice to the right that may be available to the Customer under clause 4 to cancel the order.

OUTDOORCHEF shall confirm receipt of the order submitted in the online shop promptly by email. Said email shall not constitute binding acceptance of the order unless, in addition to confirmation of receipt, acceptance is also declared.

A contract shall be concluded only when OUTDOORCHEF accepts the order either by a declaration of acceptance or delivery of the ordered Products.

Should delivery of the ordered Products be impossible, because the goods are not in stock for example, OUTDOORCHEF shall not issue a declaration of acceptance. In this case, the contract shall not come into being. OUTDOORCHEF shall inform the Customer of this promptly and reimburse any consideration already received without delay.

The Products listed in the OUTDOORCHEF online shop and their illustrations, details and descriptions of dimensions are non-binding and may occasionally differ from the actual Product.

3. DELIVERY AND SERVICE

Delivery is available only within Germany.
The delivery period is approximately five (5) working days, unless otherwise agreed. The delivery period begins on the date of the order confirmation or declaration of acceptance on the part of OUTDOORCHEF.

3.1 PART DELIVERIES
OUTDOORCHEF expressly reserves the right to make part deliveries and to bill for them, unless otherwise agreed with the Customer and insofar as this is reasonable for the Customer.

3.2 TRANSPORT COSTS/DAMAGE
In addition to the prices specified, OUTDOORCHEF shall charge for the costs of packaging and shipping, any additional costs due in individual cases for special treatments and any optional extras. These costs shall be indicated to the Customer openly and billed for separately.

If the Customer is a consumer (B2C), OUTDOORCHEF shall bear the transport risk and therefore liability for transport damage or destruction of the Products on the way to the consumer.

If the Customer is an entrepreneur (B2B), the terms & conditions of delivery agreed between the Parties shall determine the transfer of risk of delivery.

3.3 RETURNS
OUTDOORCHEF accepts returns only of incorrect deliveries and brand-new Products in undamaged original packaging and without stickers (e.g. showing prices). Return or exchange of Products is possible only within 14 days of receipt by the Customer or by special agreement and only following approval from the OUTDOORCHEF Sales department. That approval shall take the form of issuance of a return order number by OUTDOORCHEF. The return order number must appear on all documents (e.g. delivery notes) provided by the Customer. Any costs for checks, damaged packaging, etc. shall be deducted from the credit note issued to the Customer.

If the Customer fails to observe these provisions, OUTDOORCHEF is entitled to return the Products without postage to the Customer, to refuse to accept delivery or to charge expenses of a maximum of EUR 40.00.

Notwithstanding this provision, the consumer (B2C) has the statutory right of cancellation set out under clause 4 below.

3.4 TRANSFER OF USE AND RISK
If the Customer is an entrepreneur (B2B), the terms & conditions of delivery agreed between the Parties shall determine the transfer of risk of delivery.
If the Customer is a consumer (B2C), the use of and risk associated with the Products shall be transferred only on handover of the Products to the Customer.

3.5 RIGHT OF WITHDRAWAL OF OUTDOORCHEF
Until payment of the purchase price has been made by the Customer, OUTDOORCHEF is entitled to withdraw from contracts without penalty, insofar as facts come to light to suggest that the Customer is not creditworthy. Assessment of the creditworthiness of the Customer is entirely at the discretion of OUTDOORCHEF.

3.6 RETENTION OF TITLE
OUTDOORCHEF shall retain title to the delivered goods until the Customer has made full payment as per the contract.

Before transfer of title, pledging, transfer by way of security, processing and remodelling are not permitted without the express consent of OUTDOORCHEF.

For business with entrepreneurs (B2B), the following additional regulations on retention of title also apply:


OUTDOORCHEF shall retain ownership of the Products sold until all current and future receivables from this contract and the ongoing business relationship with OUTDOORCHEF have been paid in full.

If the Customer defaults on payment, OUTDOORCHEF is entitled to demand the temporary surrender of Products owned by OUTDOORCHEF at the Customer’s expense without exercising the right of withdrawal and without setting a grace period. Once the reserved goods have been returned, OUTDOORCHEF shall be entitled to dispose of the them, where the proceeds from the disposal are to the deducted from the Customer’s liabilities – minus any reasonable costs of disposal. The Customer is obliged to compensate for the difference between the new value and the reduced value when the goods are returned.

The Customer is obliged to treat the Product with care until title to the delivered Product transfers to them. Until ownership is transferred, the Customer must notify OUTDOORCHEF immediately in writing if the delivered goods are seized or otherwise subjected to any interference by third parties. If the third party is not able to reimburse OUTDOORCHEF for any court or out-of-court costs incurred in connection with a lawsuit pursuant to Section 771 of the Code of Civil Procedure (ZPO, Zivilprozessordnung), the Customer shall be liable for any loss incurred by OUTDOORCHEF.

The Customer is entitled to resell the reserved goods in the ordinary course of business, provided that they meet their obligations arising from the business relationship in good time. The Customer hereby assigns their receivables from the resale of the reserved goods to OUTDOORCHEF as security in the amount of the agreed gross final invoice amount as security (extended retention of title). This assignment shall apply regardless of whether the purchased goods were resold before or after being installed. The Customer remains authorised to collect the receivables, even after assignment. OUTDOORCHEF’s right to collect the receivable itself remains unaffected by this. However, OUTDOORCHEF will not collect the receivable if the Customer meets their payment obligations from the proceeds collected, is not in default of payment, and, in particular, no application has been made to open insolvency proceedings or to suspend payments.

OUTDOORCHEF is obliged to release the security to which it is entitled at the Customer’s request, insofar as the value of such security exceeds the receivables to be secured by more than 20%.


4. RIGHT OF CANCELLATION B2C

If the Customer is a consumer (i.e. a natural person who submits the order for a purpose that cannot be associated with either their commercial or independent professional activities), they have a right of cancellation in accordance with the statutory provisions.

If the Customer exercises their right of cancellation as a consumer, the Customer shall bear the regular costs of the return.

The Customer must ensure that the Products are returned with sufficient postage. If Products are returned without postage or with insufficient postage, OUTDOORCHEF is entitled to refuse to accept these Products. The following cancellation policy shall apply.

Otherwise, the provisions specified individually in the following cancellation policy shall apply to the right of cancellation:

4.1 Right of cancellation
The Customer has the right to cancel this contract within fourteen days without providing any reasons.

The cancellation period is fourteen days from the day on which the Customer or a third party named by the Customer, who is not the carrier, took possession of the Products.

In order to exercise the right of cancellation, the Customer must inform OUTDOORCHEF Deutschland GmbH, Ochsenmattstrasse 10, 79618 Rheinfelden – Germany, tel. +49 7623 741 900, fax: +49 7623 741 90 10, email address: webshop@outdoorchef.de of their decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, a fax or an email). The Customer may use the cancellation form template on OUTDOORCHEF’s website (www.outdoorchef.de), but this is not obligatory.

To meet the cancellation deadline, it is sufficient for the Customer to notify us of their intent to exercise their right of cancellation before the cancellation period has expired.

4.2 Consequences of cancellation:
If the Customer cancels this contract, OUTDOORCHEF shall refund all payments that OUTDOORCHEF has received from the Customer, including delivery costs (with the exception of additional costs resulting from the Customer choosing a different type of delivery to the cheapest standard delivery OUTDOORCHEF offers), immediately and at the latest within fourteen days of the date on which OUTDOORCHEF received notification of cancellation of this contract. For this refund, OUTDOORCHEF shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; the Customer shall not be charged any fees for this refund under any circumstances.
OUTDOORCHEF can refuse the refund until OUTDOORCHEF has received the Products or until the Customer has provided evidence that they have returned the Products, whichever is earlier.

The Customer must return or hand over the Products to OUTDOORCHEF immediately and in any case no later than fourteen days from the date on which the Customer informs OUTDOORCHEF of the cancellation of this contract. The deadline is met if the Customer sends back the Products before the period of fourteen days has expired.

The Customer shall bear the direct costs of returning the Products. If Products are returned without postage or with insufficient postage, OUTDOORCHEF is entitled to refuse to accept these Products.

The Customer must only pay for any loss in value of the Products if that loss in value results from handling in a way other than is necessary to check the properties, characteristics and functioning of the goods.

- End of cancellation policy -

The right of cancellation shall not apply to distance selling contracts
* for the supply of goods that are made to Customer specifications or are clearly tailored to individual needs or which, by their nature, are not suitable to be returned or can quickly spoil, or the use-by date of which has been exceeded; or
* for the supply of audio or video recordings or of software, if the seal on the data carriers supplied has been broken.


5. PURCHASE PRICES

OUTDOORCHEF sells the Products at the prices and under the conditions specified on the relevant price lists plus statutory Value Added Tax (VAT); however, OUTDOORCHEF reserves the right to make changes to prices and models at any time.

All price information in the online shop include statutory VAT and are plus the shipping costs incurred.

The shipping costs are given in the price information in the online shop. The price, including the statutory VAT, and the shipping costs due, is also displayed on the order screen before the Customer submits the order.

If OUTDOORCHEF fulfils the Customer’s order in accordance with clause 3.1 by part deliveries, the Customer shall incur shipping costs only for the first part delivery. If the part deliveries are made at the Customer’s request, OUTDOORCHEF shall charge shipping costs for each part delivery.

If the Customer cancels their contractual declaration effectively in accordance with clause 4, the Customer may demand reimbursement of shipping costs already paid for shipment (sending costs) in accordance with the statutory requirements (see clause 4 ‘Consequences of cancellation’ for other consequences of cancellation).


6. PAYMENT TERMS

Payment of the purchase price and shipping costs can be made either by credit card or by other methods of payment accepted by OUTDOORCHEF. Payment is made on completion of the order.

If the ‘Payment on account’ option is available, the following regulations apply: The Customer shall pay for the Products supplied within 14 days of the date of invoice using the bank details of OUTDOORCHEF specified on the invoice. The Customer is not entitled to make part payments, nor to withhold payments because of complaints.

The Customer is not entitled to offset against receivables from OUTDOORCHEF, unless the Customer’s counterclaims have been established by law or are undisputed.

OUTDOORCHEF reserves the right to adjust the payment terms at any time.


7. DEFAULT OF PAYMENT

On expiry of the payment period of 14 days or other agreed payment period without payment having been made, the Customer is in default without further notification. In the event of default of payment, default interest of 5% above the base rate per year may be charged (Section 288 [1] of the BGB). In the event of default of payment by an entrepreneur (B2B), default interest of 9% above the base rate per year may be charged (Section 288 [2] of the BGB).

In the event of default of payment, OUTDOORCHEF is entitled to demand payment in advance for subsequent orders and deliveries that have not been completed until receipt of the outstanding payment(s).

For purchase contracts with entrepreneurs (B2B), OUTDOORCHEF is entitled to charge a reminder fee of EUR 20.00 if the Customer defaults on payment.


8. WARRANTY AND GUARANTEE


The following terms of warranty and guarantee apply only if OUTDOORCHEF has not made a different agreement in writing with the Customer outside these Terms & Conditions.

8.1 WARRANTY
OUTDOORCHEF is liable for material defects or defects of title with respect to delivered items in accordance with the applicable legal provisions, in particular Sections 434 et seq. of the BGB. The limitation period for legal claims for defects is two years and starts on delivery of the goods. OUTDOORCHEF shall only be liable for Product characteristics specified by the Customer in the context of their order if OUTDOORCHEF has expressly warranted them in writing.

Reasonable technical and design deviations from the details in brochures, catalogues and written documents and changes in models, designs and materials in the context of technical progress and further development do not constitute a defect either in fulfilment or the Product.

8.2 GUARANTEE
Any guarantees given by OUTDOORCHEF for certain items shall apply in addition to claims for material defects or defects of title within the meaning of clause 8.1. and grant the Customer additional rights that go beyond statutory guarantee regulations.

The term of the guarantee and DOA provisions (definition below) for the individual Products are communicated on the OUTDOORCHEF website at www.outdoorchef.de or can be requested from OUTDOORCHEF at any time by telephone. Details of the scope of such guarantees are given in the conditions of guarantee included with the Products.

Guarantee claim

Guarantee claims must be asserted by the Customer to OUTDOORCHEF in writing immediately after their discovery, but within 2 months at the latest, by submitting the guarantee card or proof of purchase. After expiry of the 2-month period (complaint period), all guarantee claims against OUTDOORCHEF are excluded. For obvious, recognisable and clear defects, this complaint period begins with receipt of the Product. The Customer is obliged to check the Product for defects immediately after receipt. In the case of hidden defects, the period for giving notice of defects shall commence upon discovery of the defect.


If the Customer is an entrepreneur (B2B) and the Product does not work/cannot be used when purchased (dead on arrival, ‘DOA’), the Customer must return it within 10 working days with presentation of the corresponding guarantee card or sales receipt. After the expiration of the period of 10 days from the date of purchase, no exchange will be made, but a repair will be carried out. Brands and Products for which the DOA provisions are excluded are excepted from this.

If the Customer is a consumer (B2C), the DOA provision shall not apply because the assumptions of Section 477 of the BGB apply in their favour. Accordingly, it is assumed in favour of the Customer that a material defect that occurs within six (6) months of the transfer of risk for the Product already existed on transfer of risk, unless said assumption is irreconcilable with the type of the item or the defect.

Guarantee cases and scope

The guarantee is valid from the date of purchase and is granted in the following cases, provided that there is no exclusion:

- 12 years on stainless steel burners*
- 12 years on all stainless steel parts*
- 12 years on die-cast aluminium parts*
- 12 years on stainless steel grills*
- 12 years on ceramic burners*
- 5 years on the enamelled sphere (base and lid)*
- 5 years on enamelled cast iron grate*
- Enamelling defects only before first use
- 2 years on all remaining manufacturing/material defects

*only valid in case of rusting/burning through for the models Davos, Arosa, Lugano Evo, Dualchef;
from the 6th to the 12th year, 50% discount on spare parts costs for the enamelled sphere/cast iron grate (excluding transport costs)

Irregularities that are insignificant with respect to Product functionality, colour differences in the enamelling or minor faults such as production-related contact points on the lower edge of the lid or on the suspensions are not considered to be defects. Reasonable technical and design deviations from the details in brochures, catalogues and written documents and changes in models, designs and materials in the context of technical progress and further development do not constitute a defect either in fulfilment or the Product and therefore do not justify a guarantee claim.

In the event of a guarantee claim, OUTDOORCHEF may, at its sole discretion, decide whether damaged or defective parts are repaired or replaced, or whether the Product is replaced as a whole. In the event of a replacement, OUTDOORCHEF shall be entitled, at its own discretion, to offer the Customer a comparable model from OUTDOORCHEF, e.g. in exchange for a successor model. Insofar as the functionality of the Product is not impaired by a defect, the Customer may also be offered appropriate financial compensation instead of a repair or exchange/replacement.

The guarantee is in any case limited to the value of the purchase price of the Product purchased by the Customer.

Guarantee exclusion

The guarantee is excluded in the following cases:

- Consumables, such as bulbs, batteries, packaging, etc. (as an example but not an exhaustive list)
- Faults, defects and deterioration of condition caused by accident, incorrect use, failure to observe the operating instructions, failure to tighten the screw connection hose & regulator to the grill incl. not complying with the leak test and/or the warning notices;
- Grease fire;
- Environmental and extreme weather conditions/force majeure (hail, lightning strikes, hurricanes, earthquakes, tsunamis, storm surges, tornadoes, severe storms, acid rain and others);
- Exposure to salty air and/or chlorine sources such as swimming pools and hot tubs.
- Improper modification;
- Misuse;
- Vandalism/wilful damage;
- Faulty assembly;
- Negligence;
- Lack of care of the Product/non-performance of regular maintenance;
- Contamination and damage caused by insects or spiders (e.g. burner tubes);
- Damage caused by rodents or martens (hoses and other parts);
- Damage due to wear;
- Usual wear and tear during normal use, especially on general wear parts such as the funnel, flame roofs, burner, thermometer, ignition and battery, electrode, ignition cable, gas hose, gas pressure regulator, heating element, reflector, aluminium protective foil, grill or charcoal grate and tray, ignition grate, grease drip tray and charcoal tray;
- Scratches;
- Dents;
- Paint damage;
- Coatings;
- Corrosion and superficial rusting;
- Discoloration due to heat;
- Damage caused by abrasive and chemical cleaning agents;
- Chipping and damage to porcelain-coated parts and components (unless the defect can be proven to have existed prior to first use);
- Defects and/or damage, insofar as these have been caused by interventions or repairs by service technicians not authorised by OUTDOORCHEF or by the installation of spare parts from other manufacturers;
- Defects and/or damage that occurred during transport to the Customer, unless the transport was arranged by the guarantor;
- Defects and/or damage due to wear and tear during professional use for commercial purposes (e.g. use in the hotel or catering industry).

The guarantees and disclaimers specified in this guarantee agreement are conclusive. OUTDOORCHEF does not undertake any warranty, guarantee or liability beyond the scope of this guarantee agreement, except for any existing legal claims of the Customer in the event of a material defect.

Guarantee processing


In the event of a guarantee claim, the Customer must contact OUTDOORCHEF immediately. The Customer must provide the following information and submit supporting documentation when submitting a guarantee claim:

- Purchase receipt and guarantee certificate;
- Product name with serial and part number (to be found on the data sticker attached to the Product);
- Address of the Customer;
- Description of the defect.

For the duration of the guarantee processing (inspection and possible repair/replacement/replacement), there shall be no claim against OUTDOORCHEF for a replacement Product or any other compensation. The performance of guarantee services shall neither extend nor restart the guarantee period. Replaced parts shall become the property of OUTDOORCHEF.


The Customer is responsible for transport to the OUTDOORCHEF service centre in Germany (see www.outdoorchef.de) and also bears the costs incurred. Returns from the OUTDOORCHEF service centre will only be made to addresses in Germany. For justified guarantee claims, OUTDOORCHEF will reimburse necessary transportation and shipping costs.


9. AFTERSALES


Internal spare parts and parts that carry gas for Products shall be sent only to authorised, recognised service centres.

If, at the request of the Customer, the Product is to be returned unrepaired or there is no response to the estimate, a processing fee shall be charged. This also applies to submission of external products.

In the case of guarantee claims that result from an operating error by the Customer, a charge may be made for the work involved.

OUTDOORCHEF shall provide a guarantee period of 6 months on repair work carried out and spare parts replaced.


10. LIABILITY AND FORCE MAJEURE

OUTDOORCHEF is liable to the Customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for compensation for damages or compensation for wasted expenditure.

In other cases, unless regulated otherwise in the following paragraph, OUTDOORCHEF is only liable in the event of a breach of a contractual obligation, where the fulfilment of which enables the proper execution of the contract in the first place and on compliance with which the Customer may regularly rely (‘cardinal obligation’), limited to compensation for foreseeable and typical damage. In all other cases, OUTDOORCHEF’s liability is excluded subject to the following regulation.

These limitations and exclusions of liability are without prejudice to the liability of OUTDOORCHEF for damage resulting from loss of life, physical injury or damage to health or under the Product Liability Act.

If, as a result of the effects of force majeure, in particular war, unrest, natural disasters, strikes, disruption to operations, epidemics, pandemics and associated official measures such as quarantine orders or similar circumstances, contractual obligations of OUTDOORCHEF cannot be fulfilled, cannot be fulfilled on time or cannot be fulfilled properly, OUTDOORCHEF is exempt from its obligation to provide performance.


11. INFORMATION OBLIGATION

The Customer shall immediately forward complaints from their customers and third parties of which they gain knowledge to OUTDOORCHEF in all cases.


12. COPYRIGHT AND RELEASE OF DOCUMENTS

OUTDOORCHEF holds the copyright for all images, films and texts that are published in the OUTDOORCHEF online shop and on the website www.outdoorchef.de. Use of the images, films and texts is not permitted without the express consent of OUTDOORCHEF.

The Customer shall promptly release to OUTDOORCHEF marketing, advertising and other documents provided by the latter.


13. ADVERTISING

This provision applies exclusively to business relationships between OUTDOORCHEF and business Customers and is subject to other agreements made individually with business Customers (B2B):
The Customer shall agree all advertising activities that are co-financed by OUTDOORCHEF in advance with the sales management of OUTDOORCHEF and ensure that they correspond to the current design templates (corporate design/identity) for the Product or the Product brand. Without this prior agreement and submission of specimen copies, OUTDOORCHEF cannot pay any advertising subsidies. Payment shall be made on invoicing by the Customer.


14. NO CHANGES TO PRODUCTS

This provision applies exclusively to business relationships between OUTDOORCHEF and business Customers and is subject to other agreements made individually with business Customers (B2B):

The Customer is not permitted to change Products and the brands, names, logos and symbols applied to them in any way.


15. DATA PROTECTION

OUTDOORCHEF collects, processes and uses the personal data of the Customer for the purpose of processing the contract, Article 6 (1) (b) of the GDPR. Details can be found in OUTDOORCHEF’s privacy policy: www.outdoorchef.de.

16. SEVERABILITY CLAUSE


If any of the above regulations proves to be invalid, this shall not affect the validity of the remaining regulations. Invalid or ineffective provisions shall be replaced by provisions that come as close to the intended economic purpose as possible. The same approach shall be taken with respect to loopholes.


17. APPLICABLE LAW / PLACE OF JURISDICTION / EU CONSUMER DISPUTE RESOLUTION

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer has placed an order as a consumer (B2C) and at the time of the order has their usual place of residence in another country, application of mandatory legal regulations of that country is not affected by the choice of law in sentence 1.

If the Customer is an entrepreneur (B2B) and their registered office at the time of the order is in Germany, the exclusive place of jurisdiction is OUTDOORCHEF’s registered office, in 79618 Rheinfelden – Germany, Freiburg District Court. Otherwise, the relevant statutory provisions apply to local and international responsibilities.

EU consumer dispute resolution: As an online company, OUTDOORCHEF is obliged to draw the attention of the Customer as a consumer to the platform for online dispute resolution of the European Commission. The EU Commission has created an internet platform for online resolution of disputes. The platform serves as a point of recourse for out-of-court resolution of disputes regarding contractual obligations resulting from online purchase contracts. Further information is available under the following link: https://ec.europa.eu/consumers/odr/. OUTDOORCHEF will not take part in a dispute resolution process before a consumer dispute resolution body and is not obliged to do so.


Version: 01/03/2021


Outdoorchef Deutschland GmbH – Terms & Conditions I 01/03/2021 12 | 15

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