1. Scope of application

The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and business customers.

For Germany the following applies: A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.

For Austria the following applies: In the conditions below, the term "consumer" is to be understood as the "Konsument" within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG).

With regard to business customers the following applies: If the business customer uses conflicting or supplementary general terms and conditions, their application is hereby objected to; they only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with M. Michalk Gastro- und Campingservice GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to place an order.

By clicking the order button, you submit a binding order for the goods listed on the order page. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Your purchase contract is concluded once we accept your order by means of an order confirmation by email immediately after receiving your order.

3. Contract language, storage of the contract text

The language available for the conclusion of the contract is German.

We store the contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Subject matter of the contract

4.1. Product description

We point out that the respective product description applies as an essential part of the contract.

4.2. Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following particularities. In case of any uncertainty, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colours are possible.

In the case of wooden products, natural deviations in the grain, structure and colour of the wood are possible.

5. Requirements for and handling of customer content

5.1. Requirements

Insofar as it is necessary for the performance of the order that you transmit content to us (e.g. texts, data, files), the technical possibilities available for this as well as any applicable requirements are governed by the respective product description.

You are solely responsible for the content, including the lawfulness and accuracy of the content you transmit. We do not carry out any editorial review of the content prior to executing the order.

5.2. Compliance with applicable law

The content as well as the products to be created from it must at all times comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (in particular copyrights, trademarks or other protective rights) and must not contain or serve any glorifying of violence, discriminatory, racist, xenophobic or other immoral or unconstitutional content or purposes.

5.3. Indemnification

You indemnify us against claims by third parties which they may assert in connection with an infringement of their rights through the contractual use by us. In doing so, you also assume the necessary costs of legal defence, including all court and lawyer fees at the statutory rate. The indemnification does not apply insofar as you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us without delay, truthfully and completely with all information required for the examination of the claims and a defence.

5.4. Right of withdrawal from the contract

We reserve the right to reject the order or to withdraw from the contract if the content provided by you for this purpose violates statutory or official prohibitions or public decency, or if there is a justified suspicion thereof. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, defamatory, youth-endangering and/or violence-glorifying content.

6. Price and shipping costs

6.1. Price

The prices stated on the product pages include statutory VAT and other price components.

6.2. Shipping costs

In addition to the prices stated, for orders with a value below EUR 59.00 we charge a flat rate of EUR 8.50 per order for delivery within Germany. For orders with a goods value of at least EUR 59.00, no additional shipping costs apply for deliveries within Germany.

The above free shipping from an order value of EUR 59.00 applies exclusively to deliveries within Germany and not to bulky goods, oversized/long goods or deliveries by a freight forwarder. For bulky goods, oversized/long goods and freight forwarder deliveries we charge the actual costs incurred per order, irrespective of the order value.

In addition to the prices stated, for deliveries outside Germany we charge the actual shipping costs incurred per order. Any costs arising for deliveries to non-EU member states (e.g. customs, export and/or import duties, etc.) are to be borne in full by the customer. For the resulting effort on our part, we charge an additional flat rate of EUR 20.00 per order.

The shipping costs are clearly communicated to you again on the product pages, in the shopping cart system and on the order page.

7. Delivery conditions

7.1. Delivery options

We ship the products to the delivery address specified during the order process.

We deliver by shipping via a delivery service provider selected by us. Collection in person is possible by prior arrangement with us.

We do not deliver to packing stations.

7.2. Delivery by freight forwarder

Scheduling of the appointment

In the case of freight forwarder deliveries, the freight forwarding company commissioned by us will contact you in order to arrange a delivery date. For this purpose, you must provide us with your landline or mobile phone number.

Place of delivery

Delivery of the goods is limited to the transport and unloading of the goods at the first public kerbside of the agreed delivery address. Delivery does not include delivery to particular rooms or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.

8. Payment

The following payment methods are generally available in our shop.

Payment in advance

If you select payment in advance, we will provide our bank details in a separate email and deliver the goods after receipt of payment.

Credit card

During the order process you provide your credit card details. Your card will be charged immediately after placing the order.

PayPal, PayPal Express

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further information during the order process.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment options in their customer account. We have no influence on the offering of these options; any further individually offered payment options concern your legal relationship with PayPal. You can find further information on this in your PayPal account.

Direct debit via PayPal

Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date of the account debit (so-called prenotification). The account is debited before the goods are dispatched.

Purchase on account via PayPal and Ratepay

Purchase on account via PayPal requires an address and credit check and is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay").

Google Pay

In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further information during the order process.

Apple Pay

In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further information during the order process.

Amazon Pay

In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking day after the order is placed.

Amazon Pay may offer registered Amazon Pay customers selected according to its own criteria additional payment options in their customer account. We have no influence on the offering of these options; any further individually offered payment options concern your legal relationship with Amazon Pay. You can find further information on this in your Amazon Pay account.

9. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to business customers.

10. Retention of title

The product remains our property until full payment has been made.

For business customers the following applies in addition: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice value, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves insofar as you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

11. Transport damage

For consumers the following applies: If goods are delivered with obvious transport damage, please report such faults to the carrier as soon as possible and contact us without delay. Failure to lodge a complaint or to contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

For business customers the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the goods over to the forwarder, the carrier or any other person or institution designated to carry out the shipment.

12. Warranty and guarantees

12.1. Liability for defects

The following applies to consumers: The statutory law on liability for defects applies.

The following applies to business customers and between merchants: Unless expressly agreed otherwise below, the statutory law on liability for defects applies.

The following limitations and reductions of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of breach of essential contractual obligations whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, insofar as agreed, or
• insofar as the scope of application of the German Product Liability Act (Produkthaftungsgesetz) is opened.

Limitations with regard to business customers:

With regard to business customers, only our own statements and the manufacturer's product descriptions that have been incorporated into the contract apply as an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising claims. For business customers, the limitation period for claims for defects in respect of newly manufactured goods is one year from the passing of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the defectiveness thereof. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.

Note for merchants

Between merchants, the obligation to inspect and give notice of defects set out in § 377 of the German Commercial Code (HGB) applies. If you fail to give the notice regulated therein, the goods are deemed to be approved, unless the defect is one that was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.

12.2. Guarantees and customer service

Information on any applicable additional guarantees and their precise conditions can be found with the respective product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections by email at info@gac-service.de. Please submit complaints and objections in writing by email.

13. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in the event of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of guarantee promises, insofar as agreed, or
• insofar as the scope of application of the German Product Liability Act is opened.

In the event of a breach of essential contractual obligations whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage typical for this type of contract at the time of conclusion of the contract.

In all other respects, claims for damages are excluded.

14. Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15. Final provisions

If you are a business customer, German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered place of business.

Should individual clauses of these GTC be wholly or partially invalid, the remainder of the contract remains valid. Insofar as individual clauses are invalid, the content of the contract is governed by the statutory provisions.