General Terms and Conditions (GTC)

priority

These General Terms and Conditions apply to all contracts with our customers regarding the delivery of food and beverages, regardless of the location of delivery (e.g., the customer's event space or a third party). We deliver and rent exclusively on the basis of our General Terms and Conditions. Deviating terms and conditions are only valid if they have been expressly agreed upon with us in writing in the individual case.

Conclusion of contract and liability

The contract is concluded through written acceptance of the offer by the customer and confirmation of acceptance by the contractor (booking confirmation). Acceptances and booking confirmations via email are valid. Our offer only becomes valid upon receipt of the booking confirmation.

All offers are subject to change without notice. By placing an order, either by phone or in writing (including by email), the customer accepts these terms and conditions.

Product range

The selection may be subject to seasonal changes. Should individual items be temporarily unavailable, we reserve the right to exchange them for goods of at least equal value.

Prices, payments, payment terms

All prices are subject to change and, unless otherwise agreed, are exclusive of VAT.

Invoices are payable within 7 days of receipt without deduction. In the event of late payment, interest may be charged at a rate of 10% for businesses and 5% for consumers above the base interest rate (ECB).

If a deposit has been agreed upon, it must be received before the start of the event. Failure to pay the deposit will result in us not providing the agreed service. Failure to provide the service does not release the customer from their payment obligation.

Dates, offers, deliveries

Of course, we strive to keep all agreed appointments on time. Should we fail to do so in individual cases, the customer will grant us a 30-minute grace period.

Delays or cancellations due to force majeure, in particular traffic disruptions, accidents, staff shortages, or defects in the ice cream truck, are not the responsibility of the contractor. In this case, the contractor is not liable for damages.

Any necessary official permits or parking permits must be obtained by the customer.

Cancellation/withdrawal

1. Individual order

In the event of contract cancellation, we generally charge the service fee stated in the offer (travel, ice cream van rental and service personnel (including preparation and follow-up)).

In addition, if individual orders are cancelled, we will charge 100% of the minimum turnover or minimum purchase quantity or fixed price stated in the offer.

2. Group booking / several comparable orders from one customer

If one or more orders are cancelled within the framework of group bookings (several comparable orders from one customer), we will generally charge the service fee stated in the offer (travel, ice cream van rental and service personnel (including preparation and follow-up)).

In addition, if one or more orders within a group booking (several comparable orders from one customer) are cancelled, we will charge 40% of the average turnover (lost turnover) of the orders carried out within the group booking for each cancelled order.

Products purchased specifically for the event will be invoiced to the customer at 100%.

The customer's withdrawal from a valid contract must be made in writing (by email) and will be confirmed by us.

If an agreed advance payment or security deposit is not made, we are entitled to withdraw from the contract. Furthermore, we are entitled to withdraw from the contract for good cause, for example if force majeure or other circumstances beyond our control make fulfillment of the contract impossible; events are culpably booked under misleading or false information about essential contractual facts, e.g. regarding the customer or the purpose of the event; if we have reasonable grounds to believe that the event could endanger the smooth running of our business, the security or the public reputation of our company, without this being attributable to our sphere of control or organization; or if the purpose or occasion of the event is illegal. Insofar as we are not the owner of an event space or the equipment brought in, we are not liable for non-fulfillment of the contract if this is due to the circumstances of the person or company of the event space or equipment owner. We reserve the right to withdraw from the contract in this case without obligation to pay damages.

Extension of delivery time

The service fee specified in the offer covers the contractually agreed downtime of the ice cream truck on the delivery day. If the client wishes to extend the downtime of the ice cream truck and the contractor agrees, the service fee will increase by €50 net (plus 19% VAT) for each additional 30 minutes of downtime.

Final provisions

Changes and additions to the contract, the acceptance of the offer, or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the customer are invalid. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

The place of performance for delivery, handover, and payment is Frankfurt. For businesses, the place of jurisdiction is Frankfurt.