BLOCK MENU INFO
Block Menü GmbH
Ernst-Litfaß-Str. 1
19246 Zarrentin
Phone: +49 (0) 38851 92 0
Fax: +49 (0) 38851 92 144
Managing Director:
Klaus Flaskamp
Michael Postinett
Register court:
Hamburg Local Court
Register number:
HBR 23261
Value added tax identification number:
(according to § 27 a Value Added Tax Act)
DE 811258064
Organic inspection body:
DE-ÖKO-001
MINIMUM ORDER VALUES AND DELIVERY CONDITIONS
All prices are net. Invoices are payable in full within 14 days of the invoice date. The goods remain our property until full payment has been received.
If you order by 12.00 noon, fresh goods will be delivered within 48 hours on working days, frozen goods within 72 hours of your order. We are happy to arrange Saturday and scheduled deliveries on request. The costs incurred will be invoiced. Island deliveries are excluded from this. Please provide us with a delivery address on the mainland. If required, we can also organize transport to the island. However, we will have to invoice you for the costs incurred.
From a value of goods per order of 350 euros for fresh goods and/or 400 euros for frozen goods, delivery is free. If the order value is less than this amount, we will unfortunately have to charge you a freight charge of 50 euros. If the minimum order quantity is reached with articles from Block Menü GmbH, then we will deliver without further surcharge from a quantity of 25 kg fresh meat or 25 kg frozen meat.
Late deliveries, missing quantities and transport damage can only be recognized if they are noted on the proof of delivery and delivery bill upon receipt of the goods. Return or forwarding of rejected goods may only be undertaken after consultation with us.
We also refer to the detailed terms of delivery and payment on the reverse of our invoice forms.
GENERAL TERMS AND CONDITIONS OF BUSINESS
General Terms and Conditions of Block Foods AG, Block Handels GmbH, Block Menü GmbH, Block House Fleischerei GmbH (hereinafter referred to as "BLOCK Foods")
Lademannbogen 127
22339 Hamburg
Phone: +49 (0)40 538 007-0
Fax: +49 (0)40 538 007-699
1. general, scope of application
a) These General Terms and Conditions of BLOCK Foods apply to all contracts concluded with the Customer, with the exception of contracts concluded via the website www.shop.block-house.de. Supplementary or deviating terms and conditions of the Customer shall not become part of the contract.
b) BLOCK Foods reserves the right to amend these GTC with effect for the future. The Customer's order is subject to the General Terms and Conditions, which can be viewed at the time of the respective order during the order process and whose acceptance must be confirmed by the Customer by clicking on them separately.
2. Contractual partner, conclusion of contract
a) The purchase contract is concluded with the respective acting company of BLOCK Foods.
b) The contract language is German.
c) The offers of BLOCK Foods are non-binding and not a binding offer to conclude a contract.
d) The purchase contract is only concluded with the order confirmation from BLOCK Foods. With the order confirmation, BLOCK Foods sends the Customer the order data and contractual conditions and thus provides the Customer with the opportunity to retrieve the contractual provisions, including the General Terms and Conditions and the Privacy Policy, upon conclusion of the contract and to save them in a reproducible form.
e) BLOCK Foods saves the text of the contract. There is no entitlement to permanent access to the content of the contract even after conclusion of the contract by BLOCK Foods.
3. Prices, packaging, shipping costs
a) All prices are net prices, duty paid, excluding VAT. The individually agreed prices, otherwise the prices valid on the day of delivery, plus the respective rate of statutory value added tax, shall apply.
b) The goods shall be packed at the discretion of BLOCK Foods, ensuring that the necessary cold chain is maintained for the planned delivery period.
c) Shipment shall be made in accordance with the conditions to be individually agreed between the parties. Should this not have been done, BLOCK Foods shall be reimbursed for the actual shipping costs incurred. BLOCK Foods is entitled to choose the most favorable shipping method at its best discretion. Pallets (Euro, H1, Chep or Satten - in short, returnable goods) are to be exchanged in exchangeable condition step by step or these returnable goods are registered and tracked via an empties account. Shipment is made from the factory, central or forwarding agent warehouses.
4. Terms of payment
a) The purchase price shall become due for payment upon conclusion of the purchase contract.
b) Invoices are to be paid on the agreed payment dates without deduction, the date of receipt of payment by BLOCK Foods is decisive.
5. reservation of title
The goods remain the property of BLOCK Foods until full payment of all claims of BLOCK Foods, including ancillary claims and claims for damages.
6. terms of delivery
a) Deliveries shall be made on the agreed terms, otherwise on the shipping terms applicable at the time of the order to the delivery address specified by the Customer.
b) The delivery dates requested by the Customer when placing the order shall only be deemed to have been firmly agreed if BLOCK Foods expressly confirms in writing that the date is binding. Otherwise the delivery will be carried out as part of the usual order processing.
c) BLOCK Foods is also entitled to make partial deliveries. If delivery is temporarily or permanently impossible, for whatever reason, without gross negligence on the part of BLOCK Foods, the obligation to deliver shall lapse. Claims for damages due to non-delivery are excluded in this case.
d) If the goods cannot be delivered or cannot be delivered on time due to an incorrect delivery address or for other reasons for which the Customer is responsible, the Customer shall be in default of acceptance.
e) In the event of default of acceptance, the Customer shall not be entitled to a second delivery for the delivery of fresh and/or frozen products requiring refrigeration, insofar as BLOCK Foods can no longer guarantee the necessary maintenance of the cold chain at its reasonable discretion.
f) If the Customer is in default of acceptance or culpably violates other obligations to cooperate, BLOCK Foods is entitled to demand compensation for the resulting damage, including any additional expenses. In the case of fresh or frozen products that cannot be reused, the damage shall be claimed in the amount of the purchase price attributable to them. Further damages shall be claimed in the amount of the shipping costs. The purchase price for ordered dry goods will be refunded to the customer if the product is marketable. Further claims remain reserved. The Customer is at liberty to prove that BLOCK Foods has suffered less damage.
g) The risk of accidental loss or accidental deterioration of the purchased goods shall pass to the Customer at the time of delivery of the goods, in the case of default of acceptance at the time at which the Customer is in default of acceptance.
7. obligation of the customer to inspect
a) The Customer is obliged to inspect the delivered goods himself or through a person authorized by him to receive them for obvious defects (completeness, correctness of the goods, integrity of the packaging, visibly defective aggregate condition, etc.) and if a defect is found, to notify BLOCK Foods immediately (within five days - exception: within 48 hours for fresh goods) in writing. The printed measured values of the cold chain originate from a freely programmed additional device. The calibrated measured values can be viewed at any time.
b) If the customer fails to report the defect, the goods shall be deemed to have been approved and warranty claims for defects shall be excluded, unless the defect was not recognizable during the inspection.
c) If such a defect becomes apparent later, the notification must be made immediately after discovery. Otherwise the legal consequences mentioned under b) shall apply.
8. Liability
a) The statutory warranty provisions shall apply, unless otherwise regulated below. A defect is not given if goods in pre-packaging, the delivery quantity of which is measured by weight, deviate from the agreed quantity within the limits of the pre-packaging regulation.
b) BLOCK Foods shall be fully liable for damages in the event of intent or gross negligence in accordance with the statutory provisions.
c) Liability for simple negligence shall only exist in the event of damage resulting from injury to life, body or health as well as in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract or the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the Customer regularly relies (cardinal obligation). In the event of a negligent breach of cardinal obligations, liability shall be limited to foreseeable damage typical of the contract.
d) Statutory strict liability (e.g. under the German Product Liability Act) and liability arising from the assumption of a guarantee remain unaffected.
e) The Customer accepts that not all delivered products have been manufactured in companies that are certified according to a standard recognized by the GFSI (Global Food Safety Initiative). This does not constitute a defect; no claims for damages or other claims in connection with this circumstance can be asserted against BLOCK Foods. Corresponding information will be provided on request.
f) The legal representatives, employees and vicarious agents of BLOCK Foods shall not be liable to a greater extent than BLOCK Foods itself.
9. trademark protection
All our products are marked with a registered trademark of the Block Group. The use of this trademark (including the word/figurative marks "Block House" and "Block Menu") as well as our other trademarks and name rights is only permitted in the interest of and with the express consent of the Block Group; use for other purposes is prohibited. If our products are processed, the use of our trademarks in connection with the manufactured product is only permitted with our written consent. This applies to all processing stages. The sale of our products is only permitted in unaltered original packaging.
10. Applicable law / place of jurisdiction
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Hamburg is agreed as the place of jurisdiction and place of performance.
11. severability clause
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. In this case, the invalid provisions shall be replaced by the statutory provisions. This also applies in the event that the general terms and conditions are incomplete.