Terms & Conditions
§ 1 Scope of Application, Definitions
1. The following General Terms and Conditions, in the version valid at the time of the order, shall apply to the business relationship between the online shop seller (hereinafter referred to as the "Seller") and the purchaser (hereinafter referred to as the "Customer"). Any deviating terms and conditions of the Customer shall not be recognised unless the Seller has expressly agreed to their validity.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession within the meaning of Section 13 of the German Civil Code (BGB). An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity within the meaning of Section 14 of the German Civil Code (BGB).
§ 2 Contract Conclusion
Unless otherwise stated below, the term "Goods" shall also include – where offered – digital products (digital content or digital services) as well as goods with digital elements.
1. The presentation of goods in the online shop does not constitute a legally binding offer but merely an invitation to the Customer to submit an offer. The Customer may select goods from the Seller's range and collect them in a virtual shopping cart by clicking the corresponding shopping cart button. By clicking the button required to complete the purchase, the Customer submits a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, the Customer may review and amend the entered data at any time. Before placing a binding order, the Customer may return to the page on which the entered data was recorded by using the browser's "Back" button in order to correct any input errors. The ordering process may be cancelled at any time by closing the internet browser. However, the offer may only be submitted and transmitted if the Customer has accepted these Terms and Conditions and thereby incorporated them into the offer.
2. Confirmation of receipt of the Customer's order is sent together with acceptance of the order immediately after submission by means of an automated e-mail. Upon receipt of this e-mail confirmation, the purchase contract is concluded.
If the Customer has selected a payment method requiring immediate payment (such as PayPal, PayPal Plus, PayPal Express, Amazon Pay or Sofort Transfer), the contract shall be concluded at the time the Customer confirms the payment instruction. If the Customer has selected payment in advance, the contract shall already be concluded once the Customer receives a payment request containing the Seller's bank details before the Seller's declaration of acceptance. By sending this payment request, we accept the Customer's offer.
3. The contract text together with any applicable warranty conditions shall be sent to the Customer on a durable medium (e-mail or printed copy), either with the order confirmation (confirmation of receipt and acceptance of the order) or in a separate e-mail, but no later than upon delivery of the goods. The contract text will be stored in compliance with applicable data protection regulations. The current version of the Seller's General Terms and Conditions can also be viewed at any time at https://bbqmaster.shop/page/agb. Previous orders can be viewed in the customer account under My Account → Orders.
4. Products that are subject to statutory authorisation requirements shall only be sold in compliance with the applicable legal provisions. Where specific products require proof of eligibility for purchase (for example under the German Explosives Act (SprengG), the German Weapons Act (WaffG) or the German Youth Protection Act (JuSchG)), such products shall only be supplied to Customers who are able to provide the required proof.
The Seller reserves the right to request suitable evidence (for example official permits or licences) before concluding the contract or before dispatching the goods and to reject or cancel the order if such evidence is not provided.
§ 3 Manufacture of Goods According to Customer Specifications
We do not manufacture goods according to customer specifications.
§ 4 Commencement of the Delivery Period, Delivery, Provision of Digital Content
1. In the case of payment in advance, the delivery period begins on the day following the payment order being issued to the transferring bank. For all other payment methods, the delivery period begins on the day following the conclusion of the contract. The period ends upon expiry of the last day of the delivery period. If the last day falls on a Saturday, Sunday or a public holiday recognised at the place of delivery, the next working day shall take the place of such day.
2. Delivery shall be made to the delivery address specified by the Customer.
3. If delivery to the Customer is not possible and the transport company returns the ordered goods to the Seller, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply if the Customer is not responsible for the circumstances that made delivery impossible or if the Customer was temporarily prevented from accepting the offered performance, unless the Seller had notified the Customer of the delivery within a reasonable period in advance.
§ 5 Retention of Title
The delivered goods shall remain the property of the Seller until full payment of the purchase price has been received.
§ 6 Prices and Shipping Costs
1. The prices stated on the Seller''s website include the applicable statutory value added tax (VAT).
If the online shop is directed exclusively at business customers (entrepreneurs), all prices are quoted exclusive of the applicable statutory value added tax (VAT).
2. Any shipping and delivery costs incurred will be displayed during the ordering process and, unless otherwise stated, shall be borne by the Customer.
For Consumers:
3a. The goods shall be shipped by a transport company commissioned by the Seller. The Seller shall bear the transport risk if the Customer is a consumer.
For Entrepreneurs:
3b. The goods shall be shipped by a transport company commissioned by the Seller. The risk of accidental loss or accidental deterioration of the goods shall pass to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier or any other person or institution designated to carry out the shipment.
§ 7 Payment Terms
1. During the ordering process, the Customer will be shown the available payment methods. These may include, for example, payment in advance, credit card payment or payment services such as PayPal, Klarna or Amazon Pay. Further information regarding the selected payment method will be provided during the ordering process. The Seller reserves the right to determine the available payment methods at its own discretion.
2. Unless otherwise agreed between the parties, payment of the purchase price shall be due immediately upon conclusion of the contract. Where a payment due date has been determined by calendar date, the Customer shall automatically be in default upon expiry of that date.
For Consumers:
2a. Paragraph 2 shall only apply if the Customer has been specifically informed of these legal consequences in the invoice or payment notice. In the event of default, the Customer shall pay default interest at a rate of five (5) percentage points above the applicable base interest rate.
For Entrepreneurs:
2b. In the event of default, the Customer shall pay default interest at a rate of nine (9) percentage points above the applicable base interest rate.
3. The Customer''s obligation to pay default interest shall not exclude the Seller''s right to claim further damages resulting from the delay.
4. Gift vouchers may only be redeemed in the Seller''s online shop. Cash payment or interest on voucher balances is excluded. Only one gift voucher may be redeemed per order. Gift vouchers cannot be used to purchase additional gift vouchers. If the value of the gift voucher is insufficient to cover the total order amount, one of the other payment methods offered by the Seller may be used to pay the difference. Any remaining voucher balance shall automatically be credited to the Customer''s account if a customer account exists and may be redeemed on future purchases. If no customer account has been created, the remaining balance shall remain on the voucher and may be used for future purchases. Gift vouchers and any remaining balance may be redeemed until the end of the third calendar year following the date of issue. Any unused balance shall expire thereafter. Voucher codes must be entered in the designated field before completing the order. Subsequent offsetting of a voucher is not possible. Gift vouchers are transferable and are not issued to a specific person. Accordingly, the Seller may perform with discharging effect to the respective holder of the voucher, unless the Seller knew or was grossly negligent in not knowing that the holder was not entitled to redeem the voucher. In the event of a withdrawal by the Customer, the redeemed voucher value shall be recredited to the voucher or, where applicable, to the Customer''s account. The voucher shall be provided to the Customer in the agreed form, for example by electronic download.
§ 8 Statutory Warranty for Defects and Commercial Guarantee
1. All goods supplied by the Seller are covered by the statutory warranty rights. The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
2. For entrepreneurs, the warranty period for newly manufactured goods supplied by the Seller shall be 12 months from the transfer of risk. The statutory limitation periods for the Seller''s right of recourse pursuant to Section 445a BGB shall remain unaffected.
3. Any additional commercial guarantee for goods supplied by the Seller shall only apply if it has been expressly granted for the respective item in the order confirmation. The scope of any such guarantee shall be governed exclusively by the applicable guarantee conditions.
4a. In the case of the sale of used goods to consumers, the following shall apply: If a defect becomes apparent more than one year after delivery of the goods, warranty claims shall be excluded. If the defect becomes apparent within one year after delivery, warranty claims may be asserted within the statutory limitation period of two years from delivery.
4b. The limitation of the warranty period shall not apply where the Seller has fraudulently concealed the defect or where the goods have been used in accordance with their usual purpose for a building and have caused its defectiveness. The same shall apply to claims for damages and reimbursement of expenses.
4c. No warranty rights shall apply to the sale of used goods to entrepreneurs.
5. Damage Resulting from Improper Use, Inadequate Maintenance and Cleaning
Damage is excluded from statutory liability for defects and any additional commercial warranty to the extent that it is demonstrably attributable to causes arising after the transfer of risk and is not the result of a defect that already existed at the time of transfer of risk. This includes, in particular:
Damage resulting from improper use, use contrary to the intended purpose, or failure to comply with the operating instructions;
Damage caused by insufficient cleaning, inadequate maintenance, or failure to observe the prescribed cleaning and maintenance intervals;
Damage caused by the ignition of food, dripping grease, accumulated grease deposits, or other combustible residues, provided that such ignition was not caused by a defect in the product;
Damage resulting from grease fires, flare-ups, excessive heat development, and any consequential damage to components of the appliance, including but not limited to grill lids, burners, flame tamers, cooking grates, housings, and rear panels, insofar as such damage is attributable to the aforementioned causes;
Damage resulting from unauthorised modifications, improper repairs, or the replacement of components, insofar as such interventions caused the damage in question.
Where it is established that damage was caused by any of the aforementioned circumstances and is not attributable to a defect in the product, such damage shall not be covered by statutory liability for defects. Statutory warranty claims relating to such damage will therefore be rejected.
The buyer's statutory rights in the event of defective goods, as well as the applicable statutory rules on the burden of proof, in particular Section 477 of the German Civil Code (BGB), shall remain unaffected.
§ 9 Liability
1. Claims for damages by the Customer are excluded. This shall not apply to claims for damages arising from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from intentional or grossly negligent breaches of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
2. In the event of a breach of essential contractual obligations, the Seller shall only be liable for the foreseeable damage typical for this type of contract where such damage has been caused by ordinary negligence, unless the claim relates to injury to life, body or health.
3. The limitations of liability set out in paragraphs 1 and 2 shall also apply in favour of the Seller''s legal representatives and vicarious agents where claims are asserted directly against them.
4. Liability under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
§ 10 Right of Withdrawal
If the Customer is a consumer, the Customer shall have a statutory right of withdrawal. Further information regarding the right of withdrawal can be found in the Withdrawal Policy.
§ 11 Information on Data Processing
The protection of your personal data is of particular importance to us. For this reason, our detailed Privacy Policy is provided separately on our website.
§ 12 Code of Conduct
The Seller has undertaken to comply with the audit criteria of Certified Online Shop (Geprüfter Webshop), which are available online at https://www.gepruefter-webshop.de/verhaltenscodex.
§ 13 Force Majeure
1. "Force Majeure" means the occurrence of an event that prevents a party from fulfilling one or more of its contractual obligations, provided that the affected party demonstrates that the event is beyond its reasonable control, has no operational connection to its business, could not have been avoided even by exercising the utmost care reasonably expected, and does not fall solely within the affected party''s sphere of risk.
2. Unless proven otherwise, the following events (non-exhaustive list) shall be presumed to constitute cases of force majeure:
- war, large-scale military mobilisation, hostilities, attacks, acts of foreign enemies, civil war, riots, insurrection, terrorist acts, sabotage or piracy;
- currency and trade restrictions, embargoes or sanctions;
- pandemics, epidemics or infectious diseases, taking into account a risk level of at least "moderate" as determined by the Robert Koch Institute or an equivalent assessment by the World Health Organization (WHO);
- natural disasters or extreme natural events;
- explosions, fire, destruction of equipment, prolonged failure of transport facilities, telecommunications, information systems or energy supplies;
- general labour disputes, including boycotts, strikes, lockouts and occupation of factories or buildings.
3. In the event of force majeure, the affected party shall be released from its obligation to deliver, accept delivery or perform the agreed service for the duration and to the extent of the effects of the force majeure event, provided that the other party is informed without undue delay. If notification is not given without undue delay, the exemption shall only take effect once the notification has been received by the other party. The exemption shall remain in effect only for as long as the force majeure event prevents contractual performance.
Customers are requested to notify the Seller if an order remains unanswered and/or unprocessed while they still wish to maintain the order. Such notification must be submitted in writing by e-mail or letter in a manner that ensures receipt by the Seller.
4. Unless otherwise agreed, either party may terminate the contract if the force majeure event continues for more than 120 days. In the event of termination, any services already rendered by either party shall be reimbursed.
5. The affected party shall take all appropriate and reasonable measures to eliminate the force majeure event as quickly as possible and to minimise any actual or impending adverse consequences for the other party.
6. Where the subject matter of the contract is a service to be provided by the affected party, that party shall be entitled to reschedule the provision of the service. If no alternative date can be offered or agreed upon within 120 days after the occurrence of the event, either party may terminate the contract and any payments or services already received shall be refunded.
7. Where the subject matter of the contract is an event, the organiser shall be entitled to reschedule the event and/or change its venue. If the participant is unable to accept the new date or venue, regardless of the reason, the participant shall be entitled to an alternative date. If no alternative date can be offered or agreed upon within 120 days after the occurrence of the event, either party may terminate the contract and any payments or services already received shall be refunded.
§ 14 Final Provisions
1. These contracts shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Where consumers place orders from abroad, mandatory consumer protection provisions or mandatory rights granted under the laws of the country of the consumer''s habitual residence shall remain unaffected and shall apply where required by law.
2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of contractual relationships between the Customer and the Seller shall be the Seller''s registered office.
3. The contract language is German.
§ 15 Place of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from the contractual relationship, including disputes concerning its formation and validity, shall be the registered office of the Seller in Stansstad, Switzerland.
Copyright Notice
These General Terms and Conditions have been prepared by the contract lawyers of TISKO Consulting GmbH (https://www.Gepruefter-Webshop.de) and are protected by copyright. Any use beyond the agreed contractual purpose, including copying or any unauthorised use of these texts, is prohibited and constitutes a copyright infringement that may result in legal action.
Translation Notice
This document has been translated from the original German version. In the event of any discrepancies, ambiguities or questions of interpretation, the German version shall prevail.
Further Information and NoticesAccessibility Statement
This Accessibility Statement applies to the website of Fast Tech GmbH, Kehrsitenstrasse 19, 6362 Stansstad, Switzerland, Tel. +41 41 210 27 85, E-mail: info@bbqmaster.ch.
1. Description of the Service
This website provides information about our products and services and enables customers to purchase goods online via our online shop.
2. Applicable Requirements
The accessibility requirements are based on the German Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz – BFSG), in particular Section 14 BFSG in conjunction with Section 3 (1) BFSG and the Ordinance to the Accessibility Strengthening Act (BFSGV).
3. Compliance with Accessibility Requirements
This website does not yet fully comply with the essential requirements of the Web Content Accessibility Guidelines (WCAG) Version 2.2, Conformance Level AA.
Accessible Features
Perceivable
Operable
Understandable
Robust
Content That Is Not Yet Accessible
The content listed above is currently not fully accessible for the following reasons:
We are continuously working to identify and eliminate these accessibility barriers.
4. Preparation of this Statement and Contact Information
This statement is based on a self-assessment using a commonly accepted accessibility testing tool.
Last review of the website content: 24 November 2022.
The use of accessibility features does not affect the privacy of users in any way.
If you encounter accessibility barriers on our website or require information in an accessible format, please contact us:
Fast Tech GmbH
Kehrsitenstrasse 19
6362 Stansstad
Switzerland
Phone: +41 41 210 27 85
E-mail: info@bbqmaster.ch
5. Competent Market Surveillance Authority
Market Surveillance Authority of the German Federal States for the Accessibility of Products and Services (MLBF), Saxony-Anhalt
MLBF
c/o Ministry of Labour, Social Affairs, Health and Equality of Saxony-Anhalt
P.O. Box 39 11 55
39135 Magdeburg
Germany
Phone: +49 391 567 6970
E-mail: MLBF@ms.sachsen-anhalt.de
Battery Act
In connection with the sale of batteries or the supply of devices containing batteries, the Seller is obliged to inform you of the following:
As an end user, you are legally required to return used batteries. You may return used batteries free of charge to the Seller or to designated collection points (e.g. municipal collection centres or retail outlets). Alternatively, you may return batteries to the Seller by post with sufficient postage prepaid.
Returns of batteries and rechargeable batteries should be sent to:
Fast Tech GmbH
Sternmatt 9
6010 Kriens
Switzerland
The symbols shown on batteries have the following meanings:
- Pb = Battery contains more than 0.004% lead by weight.
- Cd = Battery contains more than 0.002% cadmium by weight.
- Hg = Battery contains more than 0.0005% mercury by weight.
Information on the Waste Electrical and Electronic Equipment Act (WEEE)
German Act Governing the Placing on the Market, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (Electrical and Electronic Equipment Act – ElektroG).
Notice pursuant to the Electrical and Electronic Equipment Act (ElektroG):
Please dispose of waste electrical and electronic equipment at an official municipal collection point or return it free of charge to a local retailer, as required by law.
Disposal of waste electrical equipment in household waste is strictly prohibited.
In addition, you may return up to three used household appliances (provided that no external dimension exceeds 25 cm) to us free of charge by sending them, with sufficient postage prepaid, to the address stated in the legal notice (Imprint).
Electrical appliances containing hazardous substances are marked with the crossed-out wheeled bin symbol. The same information can also be found in the documentation accompanying the goods or in the manufacturer''s operating instructions.
Payment Methods
Various payment methods are available in our online shop. The payment methods available in each case may vary depending on the delivery country, order value, device used or the result of a credit check. The payment methods actually available will be displayed during the checkout process.
Payment processing via Kustom Checkout
Payment processing in our online shop is handled via the Kustom Checkout solution, provided by Kustom AB.
Kustom provides the technical platform through which various payment methods and delivery options are displayed. Kustom is not a bank and does not process payments directly, but provides the interface through which the respective payment providers are integrated.
Depending on the payment method selected, you will be redirected to the corresponding payment service provider to complete the payment.
To simplify the checkout process, Kustom Checkout may automatically fill in information that you have previously saved or entered.
A credit check may be carried out – if applicable – exclusively by the respective payment provider.
Credit card
You can pay using a credit or debit card. We accept:
- Visa
- Mastercard
- American Express
Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd. as part of the Kustom Checkout solution. Your card data is transmitted in encrypted form and processed in accordance with the international security standard PCI DSS.
Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer various payment options.
Depending on availability, the following payment methods may be offered:
- Pay now
- Pay later (invoice)
- Installment payments
Payment processing is handled directly by Klarna. Klarna may perform a credit check as part of the payment process.
Further information can be found at: https://www.klarna.com
Apple Pay
You can pay using Apple Pay if you are using a compatible Apple device. The payment is confirmed via Face ID, Touch ID or the device passcode and processed securely via the respective card provider.
Google Pay
With Google Pay, you can pay using the credit or debit cards stored in your Google Wallet. The payment is processed via your stored card.
Bank transfer (prepayment)
In certain cases, prepayment via bank transfer may be offered. Your order will be processed and shipped after payment has been received in our bank account.
Retention of title: The goods remain our property until full payment has been received.
Translation Notice
This document has been translated from the original German version. In the event of any discrepancies, ambiguities or questions of interpretation, the German version shall prevail.
