Page 11 - Mallek´s Gourmetträume (Franchise)

General Terms and Conditions
§ 1 General Terms & Application
1. The following General Terms and Conditions in its applicable version shall apply to all business cooperations between Mallek´s Gourmetträume (MaGou)
and its purchasers (hereinafter referred to as the customer) at the day of purchase.
2. Deviating Terms and Conditions of the contracting customer shall not be recognized, unless MaGou has given its express written
consent to their applicability.
§ 2 Conclusion of Contract
1. The customer’s order presents an offer to MaGou in order to conclude a purchase contract. The purchase contract itself comes to existence by
MaGou’s acceptance of the presented offer. The offer is accepted when the customer receives an invoice sent via e-mail or the good is delivered.
§ 3 Minimum Order Quantity
1. Goods will be delivered internationally from a net order value of 800, - € upwards.
§ 4 Prices
1. Prices are valid as per date of placement of order.
§ 5 Order Processing
1. Only orders in written form will be processed.
2. The usual order confirmation will be by e-mail to bestellung@gourmettraeume.com or by fax to + 49 2323 946 44 752.
3. A pro-forma invoice in line with the order will be generated promptly and sent to the customer via e-mail immediately.
4. Payment is done in two installments that amount to 50% of the invoice total respectively.
5. Subsequently, MaGou will be waiting for the customer’s confirmation with the provision of the good. So the first installment of the
invoice becomes due immediately.
6. As soon as the order is complete and ready for shipment the customer will be informed via e-mail and requested to pay the second installment.
7. Upon the reception of the payment delivery will take place within one work day.
8. Usual delivery can also be done within one work day, provided that the goods are in stock and available at the day of the order intake.
9. In case a part of the entire order is out of stock the customer will be informed promptly and is given the option whether to receive the
entire order in parts or to wait for the delivery of the entire order at once.
§ 6 Delivery and Delivery Terms
1. Delivery will be made on the terms of delivery, which are effective at the day of order, to the indicated postal address by the customer.
2. A collection by the customer himself is possible only with MaGou´s prior consent and arrangement.
3. MaGou is to a reasonable degree entitled to deliver an order partially. The customer merely has to bear the delivery costs that would have
been incurred for the entire order.

4. Consignment will usually take place after the reception of payment within one work day. Depending on the warehouse stock and other circumstances it can
take up to 10 work days.
5. If the customer falls into default of acceptance or culpably breaches any other duties of cooperation, MaGou is entitled to demand
compensation for the loss suffered and possible additional expenditures.
6. The risk of accidental loss or the accidental deterioration of the good will pass over to the customer as soon as he or she falls into default of
acceptance. Further claims shall remain reserved.

7. The pallet delivery is handled by DACHSER and is adjusted individually to the order quantity in price.
§7 Reservation of Property Rights
1. Supplied goods shall remain the property of MaGou until the entire payment of the invoice / purchase price is made.
§ 8 Payment Terms
1. The purchase price becomes due for payment with the acceptance of the order by MaGou.
2. Payment shall be carried out according to the valid payment terms at the time of ordering.

3. The available payment methods for the customer are based on a credit assessment by using customer data that is conducted within the scope of
legal provisions. There is no guarantee for a certain payment method. Individually approved payment methods may vary from standard payment
methods of the respective supply area.
4. The possibility of a discount deduction is not provided.
§ 9 Warranty
1. In case of any deficiencies in the purchased good the customer has the right to complain within 14 days and the return the good to MaGou. At the
receipt of the return it will be checked for any shortcomings in packaging or composition. As far it is confirmed that the claimed deficiencies were
already there prior to consignment, the value of the entire order and additional delivery costs will be refunded to the customer. In doing so the
customer has the option to choose between a direct transfer and a credit.
§ 10 Liability
1. MaGou is liable only in cases of intent and gross negligence.
2. As MaGou is not involved in the manufacturing of the product line it is only liable for product effects that are directly related to their realm of authority.

3. MaGou is not liable for the quality of shipment. Liability claims can only be asserted against the commissioned logistics service provider. MaGou
covers breakages up to the total sum of 510, - €. The customer commits himself to check the packaging and its content for damage in the presence of
the supplier and if necessary to obtain a written confirmation of any breakages.