Terms & Conditions
§ 1 Scope of application, definitions
- The following General Terms and Conditions shall apply to the business relationship between the webshop provider (hereinafter "Provider") and the customer (hereinafter "Customer") in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity.
- A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.
Where goods are referred to in the following, this also includes – where offered – digital products (digital content or digital services) as well as goods with digital elements.
- The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking on the button "Place order", the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. At any time before a binding order is placed, the customer can go back to the page on which his/her data was entered by pressing the "Back" button in the browser. Input errors can be corrected here. The order process can be cancelled by closing the internet browser. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "Yes, I accept the GTC" and has thereby included them in his application. If you have selected a payment method with immediate payment, the contract is concluded at the time of your confirmation of the payment instruction. If you have chosen the payment method advance payment, the contract is already concluded when you receive a request for payment with the corresponding bank details before the declaration of acceptance by us. With this payment request we accept your offer.
- The confirmation of receipt of your order together with the acceptance of the order takes place immediately after sending by an automated e-mail. The purchase contract is concluded with this e-mail confirmation. Exceptions to this are payment options with immediate payment (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung). If you have chosen such a payment method with immediate payment, the contract is concluded at the time of your confirmation of the payment instruction. If you have chosen the payment method prepayment, the contract is already concluded when you receive a request for payment with the corresponding bank details before the declaration of acceptance by us. With this payment request we accept your offer.
- The provider saves the text of the contract and sends the order data to the customer by e-mail. The General Terms and Conditions of the Provider can also be viewed by the customer at any time at https://bbqmaster.shop/page/agb. Past orders can be viewed in the customer area under My Account -> Orders.
We do not manufacture goods according to customer specifications.
§ 4 Start of delivery period, delivery, provision of digital content
Until full payment has been made, the delivered goods remain the property of the supplier.
- The delivery period begins on the day after the payment order is issued to the transferring bank for advance payment or on the day after the contract is concluded for other payment methods and ends at the end of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday at the place of delivery, the next working day shall take the place of such a day.
- Delivery shall be made to the delivery address provided by the customer.
- If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs of the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily unable to accept the offered service, unless the seller had given the customer a reasonable period of notice.
The goods supplied remain the property of the seller until full payment has been received.
§ 6 Prices and shipping costs
- The prices stated on the seller's website include the respective statutory sales tax.
- Any shipping and delivery costs incurred will be shown during the ordering process and, unless otherwise stated, are to be borne by the customer.
- The following applies to consumers:
3a. The goods are shipped by a transport company commissioned by the seller. The seller bears the shipping risk if the customer is a consumer.
The following applies to entrepreneurs:
3b. The goods are shipped by a transport company contracted by the seller. The risk of accidental loss or accidental deterioration of the purchased item passes to the buyer as soon as the seller has handed over the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment.
- During the ordering process, the customer is shown the available payment options. These may include, for example, payment options such as prepayment, credit card or the use of payment service providers such as PayPal, Klarna or Amazon Pay. During the ordering process, the customer will receive further information. The seller can determine the available payment options at his own discretion.
- The payment of the purchase price is due immediately after the conclusion of the contract, if no later due date has been agreed between the parties. If the due date of the payment is determined by the calendar, the customer is already in default by missing the appointment
The following applies to consumers:
2a. Point 2 only applies if the customer has been specifically informed of this legal consequence in the invoice or payment schedule. In the event of default, the customer shall pay the seller default interest in the amount of 5 percentage points above the respective base interest rate
The following applies to entrepreneurs:
2b. In the event of default, the customer shall pay the seller default interest in the amount of 9 percentage points above the respective base interest rate. - The customer's obligation to pay default interest does not preclude the seller from claiming further damages caused by default.
- Vouchers can only be redeemed in the seller's online store. There is no cash payment or interest. Only one voucher can be redeemed per order. The voucher cannot be used to purchase additional vouchers. If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference. If there is a remaining balance after the voucher has been redeemed, this will automatically be credited to the customer's account if one exists and can be redeemed on the next purchase. If the customer has not set up a customer account, the remaining amount will remain on the voucher and can be redeemed on the next purchase. The voucher and any remaining balance can be redeemed up to the end of the third year after the date of issue. If the voucher or the remaining balance has not been redeemed by then, the balance will expire. The voucher code must be entered in the fields provided before completing the order. It is not possible to offset the voucher at a later date. The voucher is not personal and therefore transferable, so that the seller can make payment to the respective voucher holder with discharging effect. This does not apply if the holder redeeming the voucher was not authorised and the seller knew this or was unaware of it due to gross negligence. In the event of a cancellation by the customer, the redeemed value will be credited back to the voucher or – if created – to the customer account. The voucher will be provided to the customer as contractually agreed, e.g. by means of downloads.
- The statutory warranty rights apply to all goods from the seller's shop. The seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
- The warranty period for newly manufactured items delivered by the seller to companies is 12 months from the transfer of risk. The limitation periods for seller recourse according to § 445a BGB remain unaffected.
- If a guarantee exists for individual items, this is explicitly stated in the item description. The details can be found in the respective guarantee conditions.
4a) If the sale of a used product and/or a refurbished product (this is a product that has been completely overhauled, cleaned and checked) to a consumer is involved, the limitation period for the assertion of a defect is one year from delivery of the goods. The prerequisite for the reduction of the limitation period to one year is that the buyer has been informed of this before the contract is concluded and that the reduction of the limitation period has been effectively agreed between the seller and the customer before the contract is concluded.
4b) The reduction of the limitation period shall not apply in the event that the purchased item is one in which the seller has fraudulently concealed the defect or which has been used in its usual manner for a building and has caused its defectiveness. The same shall apply in the event of claims for damages and reimbursement of expenses.
4c) There are no warranty rights for the sale of used goods to entrepreneurs.
- Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer resulting from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
- In the event of a breach of material contractual obligations, the seller shall only be liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb or health.
- The restrictions of paragraphs 1 and 2 also apply in favour of the seller's legal representatives and agents if claims are asserted directly against them.
- The provisions of the Product Liability Act shall remain unaffected.
§ 10 Right of cancellation
If the customer is a consumer, they have a statutory right of cancellation. Further information on the right of cancellation can be found in the cancellation policy.
§ 11 Notes on data processing
Data protection is particularly important to us. That is why you will find our detailed data protection declaration separately on our homepage.
§ 12 Code of Conduct
The Seller has submitted to the inspection criteria of Geprüfter Webshop, which can be viewed on the Internet at https://www.gepruefter-webshop.de/files/6815/2724/8502/Prfkriterien_Stand_05.2018.pdf.
§ 13 Force Majeure Clause
- In the event of force majeure, the seller cannot guarantee the proper functioning of the web shop.
- Force majeure includes all unforeseeable events that, had they been foreseeable, would have been beyond the control of the provider or the participant. Such events also include: natural disasters such as floods, storm surges, hurricanes and other severe weather events on a catastrophic scale, earthquakes, lightning strikes, avalanches and landslides, fires, pandemics, epidemics and infectious diseases (provided that they have been declared by the WHO or a public public organisation and classified at a hazard level of at least ‘moderate’), war or war-like conditions, civil unrest, military or usurped power, official and governmental orders, strikes and lockouts, fire, ordnance disposal or similar.
- In the event of such an event, the functionality of the web shop may be limited or interrupted due to external circumstances. Claims against the seller due to incorrect transmission of orders (submission of an offer) or payment transactions do not lead to claims for damages against the seller for the duration of the event. Buyers are obliged to inform the seller immediately, but no later than 14 days, if an order remains unanswered and/or unprocessed, but the buyers want to keep the order. This information must be provided in writing by email or letter, in any case in such a way that ensures that the seller receives the information letter.
- After receiving the information about the defective or failed order, the seller contacts the supplier to either confirm or reject the order. However, due to the unforeseeable events, the seller cannot guarantee that the ordered product(s) will reach the customer within the specified delivery time. If delivery is not possible within six months of the event occurring, the seller shall reimburse the buyer for the purchase price including shipping costs, unless both parties have agreed otherwise. No other claims for compensation or payment arise against the seller.
- The restrictions of paragraph 4 also apply in favour of the legal representatives and agents of the seller if claims are asserted directly against them.
- Both parties, seller and buyer, agree to do everything in their power to reach an amicable agreement.
The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr
The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 15 Place of Jurisdiction
For all legal disputes arising from the contractual relationship, as well as from its creation and effectiveness, the place of jurisdiction of the company headquarters in Stansstad, Switzerland, shall apply.
§ 16 Schlussbestimmungen
- The law of the Federal Republic of Germany shall apply to contracts between the seller and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of orders from consumers abroad, mandatory provisions or the protection granted by case law in the respective country of residence shall remain in force and shall be applied accordingly.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider.
- The contractual language is German. The General Terms and Conditions have been translated from German into English. In case of questions of interpretation, the German version shall prevail.
These GTC were created by www.gepruefter-webshop.de and are regularly checked for legal security. In the event of a warning, Geprüfter Webshop assumes full liability for the legal texts created.
Further information and notes on
The Battery Act
In connection with the sale of batteries or the delivery of devices that contain batteries, the seller is obliged to inform you of the following: As the end user, you are legally obliged to return used batteries. You can return batteries free of charge after use to the seller or to the designated collection points (e.g. at municipal collection points or at retail outlets). You can also return the batteries to the seller by post with sufficient postage.
Returns of batteries/accumulators are to be sent to:
Fast Tech GmbH
Sternmatt 9
6010, Kriens
The symbols shown on the batteries have the following meaning:
- Pb = battery contains more than 0.004 per cent by mass of lead
- Cd = battery contains more than 0.002 per cent cadmium by mass
- Hg = battery contains more than 0.0005 per cent mercury by mass.
The symbol of the crossed-out wheelie bin means that the battery must not be disposed of in household waste.
Information on the waste equipment regulation
Law on the marketing, return and environmentally sound disposal of electrical and electronic equipment (Electrical and Electronic Equipment Act - ElektroG)
Note on the Electrical and Electronic Equipment Act (ElektroG):
Please dispose of old equipment, as required by law, at a municipal collection point, or hand it in for free at your local retailer.
Disposal in household waste is expressly prohibited by the Waste Equipment Ordinance!
You can also return three household appliances (no external dimension larger than 25 cm) to us free of charge after use by sending them by post with sufficient postage to the address given in the imprint.
Old appliances that contain harmful substances are marked with the symbol of a crossed-out wheelie bin. You will also find this information again in the accompanying documents for the goods shipment or in the manufacturer's operating instructions.
Payment options
The following payment options are available to pay for your order:
Klarna Sofortüberweisung
The Klarna Sofort payment option is a direct transfer procedure. Please select the payment option ‘Klarna Sofort Bezahlen’ in the checkout area and then select ‘Sofortüberweisung’. Your online banking data is entered on the secure payment page of Sofort GmbH. First select your country and then determine the bank that is to carry out the transfer. Simply enter the BIC, sort code or the name of your bank.
Payment by invoice (Klarna)
When you purchase on account, you receive the goods first and then pay. To process this payment option, we work together with Klarna, a partner specialising in purchases on account. With Klarna, you never have to provide your account details and you only pay when you have received the goods. This way, you can shop safely, quickly and conveniently. Simply select payment by invoice during our order process.
Payment by instalments (Klarna)
With Klarna instalment purchase, you receive the goods first and finance the purchase through Klarna in fixed or flexible instalments over a period of up to 24 months.
To do this, opt for Klarna instalment purchase directly at the checkout and select the desired instalment payment as the payment option, if listed. You will then receive a monthly statement and decide how much you want to pay, but at least the amount stated on the monthly statement. The outstanding amount can be repaid in full at any time.
When you use Klarna Ratenkauf for the first time, an account will be set up for you, which will also be used for subsequent instalment purchases.
Please make sure that you always use the same email address with Klarna Ratenkauf, as otherwise it may happen that several instalment purchases are made.