Terms and conditions
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all deliveries and services provided by King Fish GmbH, Josef-Eicher-Str. 10, 60437 Frankfurt am Main (hereinafter referred to as “King Fish”) to its customers.
1.2 Any deviating or supplementary general terms and conditions of the customer will only become part of the contract if King Fish has expressly agreed to their validity in writing.
1.3 These General Terms and Conditions apply to both consumers and entrepreneurs within the meaning of Section 13 or Section 14 of the German Civil Code (BGB), unless a different regulation is made in the respective clauses.
2. Conclusion of contract
2.1 King Fish's offers are non-binding and subject to change. A contract is only concluded upon written order confirmation from King Fish or upon delivery of the goods.
2.2 Customer orders can be placed in writing, by email, by telephone or via the King Fish website.
3. Prices and payment terms
3.1 All prices are in Euro, plus VAT and any shipping costs, unless expressly agreed otherwise.
3.2 Unless otherwise agreed, payment is made in advance or on account. The invoice amount is due within 14 days of the invoice date without deduction.
3.3 If the customer defaults on payment, King Fish is entitled to charge a reminder fee of [amount] EUR for each reminder. Further claims remain reserved.
4. Delivery and shipping
4.1 The goods will be delivered to the delivery address specified by the customer. Delivery dates and delivery periods are only binding if they have been expressly confirmed in writing by King Fish.
4.2 Delivery is made ex warehouse at the customer's risk. The risk passes to the customer as soon as the goods have been handed over to the forwarding agent, the carrier or another person or institution designated to carry out the shipment.
4.3 If delivery to the customer is not possible, for example because the delivered goods do not fit through the entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, the customer shall bear the costs for the unsuccessful delivery.
5. Warranty and liability for defects
5.1 King Fish guarantees that the goods delivered are free from material and legal defects at the time of transfer of risk. Natural fluctuations in fresh food (in particular degree of freshness, size, weight) do not constitute a defect.
5.2 The customer is obliged to check the delivered goods for defects immediately after receipt. Obvious defects must be reported to King Fish in writing within 24 hours of receipt of the goods. Hidden defects must be reported to King Fish immediately after they are discovered.
5.3 In the event of justified complaints about defects, King Fish is entitled, at its own discretion, to make subsequent deliveries or to reduce the purchase price. Further claims by the customer, in particular for damages, only exist in accordance with the following provisions in Section 6.
6. Liability
6.1 King Fish shall be liable without limitation for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by King Fish, its legal representatives or vicarious agents.
6.2 Furthermore, King Fish is only liable for damages that are based on an intentional or grossly negligent breach of duty by King Fish, its legal representatives or vicarious agents, as well as for damages resulting from the breach of essential contractual obligations. In the event of a breach of essential contractual obligations, liability is limited to foreseeable, contract-typical damages.
6.3 Any further liability is excluded.
7. Retention of title
7.1 The delivered goods remain the property of King Fish until the purchase price has been paid in full.
7.2 The customer is obliged to treat the goods with care as long as ownership has not yet been transferred to him.
8. Right of withdrawal
The right of withdrawal only applies to consumers. Consumers have the right to withdraw from the contract within 14 days without giving reasons, unless the goods are fresh food that can spoil quickly or whose expiration date would be quickly exceeded (Section 312g Paragraph 2 No. 2 BGB).
9. Data protection
King Fish processes the customer's personal data to process the contract and maintain customer relationships in compliance with the statutory data protection regulations. Further information is available in the privacy policy on our website.
10. Final provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Frankfurt am Main.
10.3 Should individual provisions of these General Terms and Conditions be or become invalid, the remainder of the contract shall remain valid. The statutory provisions shall apply in place of the invalid provision.