M O R G A N Catering Equipment GmbH
Managing Directors: Alessandro Morgante, Antonio Morgante
Münchner Str. 1C
85232 Bergkirchen
Tel: + 49-8131-297256-0
Email: morgan@morgangmbh.de
Web: www.morgangmbh.de
VAT number: DE187674210
Tax number: 115/132/70528
District Court HRB117021 - Munich
Important information:
All information given on the website of "www.morgangmbh.de", in particular item descriptions and the graphic representation of items, are made with great care and to the best of our knowledge and belief, but are not guaranteed. The presentation of the Internet pages of "www.morgangmbh.de" in external framesets is expressly prohibited!
The link to "www.morgangmbh.de" in other websites requires the permission of MORGAN Catering Equipment GmbH. This must be obtained by email
Graphics from Fotolia, see photo credits, copyright and trademark law
MORGAN Catering Equipment GmbH endeavors to observe the copyrights of the graphics, video sequences and texts used in all publications, to use graphics, audio documents, video sequences and texts it has created itself or to use license-free graphics, audio documents, video sequences and texts. All brands and trademarks named on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn simply because they are mentioned!
The copyright for published objects created by MORGAN Catering Equipment GmbH remains solely with the author of the pages. Duplication or use of such graphics, video sequences and texts in other electronic or printed publications is not permitted without the express consent of MORGAN Catering Equipment GmbH.
Disclaimer: External references and links. With the judgment of May 12, 1998, the LG Hamburg decided that the content of the linked page may be jointly responsible for the content of a link. According to the District Court, this can only be prevented by expressly distancing oneself from this content. We have placed links on our website to websites whose content and updates are beyond the control of MORGAN Catering Equipment GmbH. The following applies to all of these links: MORGAN Catering Equipment GmbH has no influence on the design and content of external or third-party websites.
We therefore distance ourselves from all third-party content, even if MORGAN Catering Equipment GmbH has set a link to these pages.
General, scope
Unless otherwise expressly agreed in writing, the following terms and conditions apply exclusively to all of our deliveries and services as well as to all future contracts for the sale, delivery and maintenance of articles in the field of commercial kitchen technology. With the placing of an order, but at the latest with the receipt of the goods, the buyer accepts these conditions. Any conflicting purchasing conditions or other general contractual conditions of the buyer are hereby rejected.
Prices
Our prices are ex distribution warehouse and do not include packaging. The packaging is charged at cost. In relation to entrepreneurs, our prices are subject to change. Unless otherwise agreed, they result from the price list valid on the day of delivery plus statutory value added tax.
Delivery
(1) Delivery dates and periods are only binding for us if they have been expressly agreed. They are complied with if the goods have left our warehouse by the time they expire or readiness for dispatch has been communicated in accordance with Section 5 (1) Clause 3. (2) In the event of force majeure and other unforeseeable, extraordinary and involuntary circumstances (e.g. war, blockade, fire, natural disasters, riot, strike, lockout; operational, transport disruptions, material procurement, energy supply difficulties and official interventions), we are responsible if we do so are prevented from fulfilling our obligations on time, are entitled to extend the delivery period to a reasonable extent or, if delivery becomes impossible or unreasonable for us, to withdraw from the contract in whole or in part. This also applies if the aforementioned circumstances occur at sub-suppliers. If possible, we will notify the buyer of the aforementioned circumstances. If the delivery time is extended or if we are released from our delivery obligation, the buyer cannot derive any claims for damages from this. (3) If binding delivery dates or deadlines are exceeded (also in the cases mentioned in the previous paragraph), the buyer is only entitled to withdraw from the contract after a period of grace of at least two weeks to be set by the buyer, with the exception of firm deals. (4) We are entitled to make partial deliveries. In the case of partial deliveries, the buyer can only withdraw from the entire contract if the partial fulfillment of the contract is of no interest to him.
Transfer of risk and shipping
(1) Delivery takes place at the expense and risk of the buyer. The risk is transferred to the buyer at the storage location as soon as the goods have been handed over to the person carrying out the transport, have left our warehouse for the purpose of dispatch or have been loaded onto our own or third-party means of transport of our choice. If the goods are ready for dispatch and dispatch or acceptance is delayed for reasons for which we are not responsible, the risk is transferred to the buyer upon receipt of the notification of readiness for dispatch. (2) At the express written request and expense of the buyer, we will insure against the usual transport risks.
Payment, set-off and right of retention
(1) Unless otherwise agreed, payment is made in advance without any discount. You will automatically receive an order confirmation with details of our bank details. Your order can only be processed after payment has been received. When paying by cash on delivery, there are separate cash on delivery charges, which will be shown to you separately in our order confirmation. We expressly reserve the right to reject checks and bills of exchange. Their acceptance takes place only on account of payment and without guarantee for timely submission and protest. Discount and bill charges are borne by the buyer and are due immediately. (2) If payment deadlines are exceeded, merchants are liable to pay interest at the rate of 5% p.A. (3) If the buyer has a significant deterioration in assets or if we become aware of poor financial circumstances and if this jeopardizes our claim to payment of the purchase price or if the buyer defaults on payments, all of our claims - also in the case of deferment and regardless of any incoming bill of exchange due immediately. Without prejudice to further claims for damages, we are entitled to withdraw from the contract in the aforementioned cases if the buyer does not effect the payment of the purchase price or provide security for the purchase price within seven days of being requested to do so. (4) The buyer may only offset undisputed or legally established claims. A right of retention on the part of the buyer due to claims that do not result from the same contractual relationship is excluded.
Retention of title and assignment in advance
(1) We shall remain the owner of the delivered goods (goods subject to retention of title) until all claims to which we are entitled now and in the future, regardless of the legal reasons, including the respective balance claim from any improper or genuine current account have been met. Processing or transformation of the reserved goods takes place for us as the manufacturer, but without any obligation for us. If the reserved goods are processed or combined with other goods that do not belong to us, we are entitled to co-ownership of the new item in the ratio of the gross invoice value of the reserved goods to the market value of the other goods used. If the buyer acquires sole ownership of the new item, he transfers his co-ownership share to us at this point in accordance with the gross invoice value of the reserved goods used. The buyer will store the new items for us free of charge with commercial diligence. (2) The buyer is only entitled to resell the goods subject to retention of title in the ordinary course of business with the agreement of retention of title. He is not entitled to pledge or transfer by way of security. The buyer hereby assigns to us all claims with ancillary rights that arise from the sale or other use of the goods subject to retention of title. In the event of the sale or other use of items to which third parties have rights, only the partial amount corresponding to the gross invoice amount will be assigned to us. The assigned claims serve to secure all claims according to Section 7 (1). (3) The buyer is authorized to collect the assigned claim. In the event of default in payment, suspension of payments, application for or opening of insolvency proceedings or other financial collapse of the buyer, as well as failure to comply with the
We can revoke the direct debit authorization and demand that the buyer notify us of the assigned claim and its debtor, provide all information required for collection, hand over the associated documents and notify the debtor of the assignment. Under the same conditions, we are entitled to revoke the authorization to resell and / or process the reserved goods. In the event that we have withdrawn from the contract, we are entitled to collect the goods subject to retention of title immediately and, for this purpose, to enter the business and storage rooms of the buyer unhindered and, at our option, to dispose of them. Further rights on our part are not affected by taking possession of the reserved goods. Taking back the reserved goods does not constitute a withdrawal from the contract. Section 13 (3) of the Consumer Credit Act remains unaffected. (4) The buyer must notify us immediately of any access by third parties to the goods subject to retention of title or to the claims assigned to us. The purchaser shall reimburse us for the costs incurred to ward off interventions by third parties. (5) If the value of the security existing for us exceeds our claims by more than 20% in total, we are obliged to release the excess security at our discretion at the request of the buyer.
Complaints
The buyer is obliged to examine the goods immediately upon receipt - i.e. in any case before installation and further processing. Recognizable defects must be reported in writing by entrepreneurs within the same day after receipt of the goods - in the case of hidden defects within the same period of time after the damage was discovered. Otherwise all warranty claims are excluded. The receipt of the complaint by us is decisive.
Guarantee
(1) If the buyer notifies us of a defect in the goods we have delivered, his warranty claims are based on the statutory provisions, unless otherwise stipulated below. (2) In relation to entrepreneurs, we reserve the right to choose the type of supplementary performance (removal of the defect or delivery of a defect-free item). The warranty period is one year for deliveries to entrepreneurs and 2 years for deliveries to consumers. (3) Warranty claims may only be assigned with our consent.
Liability
(1) We are liable for damages towards entrepreneurs, in particular due to delay, non-performance, poor performance, positive breach of claims, culpability when concluding a contract or from unlawful acts - with the exception of quality and durability guarantees and in the event of a breach of an essential obligation (cardinal obligation) - only in the event of intent or gross negligence. Liability for gross negligence towards entrepreneurs is limited to the damage that is usually and typically foreseeable in such cases. If we have contractually guaranteed the quality of goods and the goods are not of this quality, we are only liable to the exclusion of further rights for compensation for consequential damage caused by a defect that should be covered by the guarantee. (2) The limitation of liability applies to the same extent for vicarious agents and vicarious agents. It does not apply to personal injury or property damage. (3) The provisions of the Product Liability Act remain unaffected by the above regulations.
Miscellaneous
(1) German law applies to all legal relationships between the parties. The application of the uniform international sales law (UNCITRAL Agreement, CISG) is excluded. (2) The place of jurisdiction for all disputes arising from the business relationship is the registered office of our company if a) the contractual partner is a registered trader, a legal entity under public law or a public special fund; b) the contractual partner relocates his place of residence or usual place of residence outside the scope of the Federal Republic of Germany after the conclusion of the contract or if the place of residence or usual place of residence of the contract partner is not known at the time the action is brought. However, we are also entitled to sue the contractual partner at the court responsible for the contractual partner's registered office. (3) Should one or more of the above provisions be or become wholly or partially ineffective, the remaining provisions shall remain unaffected.
Data processing
Your data will be saved electronically (§§27, 33 BDSG).
Our offers are aimed exclusively at commercial customers as well as authorities, associations as well as church and social institutions within the meaning of § 14BGB.
The offers are not aimed at consumers within the meaning of Section 13 of the German Civil Code (BGB). With the new legal regulation from 01/01/2014 regarding confirmation of arrival §17a Abs. 2 Nr. 2 UStDV, every tax-free collection must be confirmed by the customer with a valid tax identification number after arrival of the goods in the EU member state. Errors, technical and price changes reserved.
It is only our terms and conditions.
Place of jurisdiction: Munich
Recipient: MORGAN Catering Equipment GmbH
Bank: Hypo Vereinsbank UniCredit Group
IBAN: DE26 7002 0270 0662 4527 34
BIC: HYVEDEMMXXX
Prepayment (without discount)
PayPal (fees: 1.9% of the invoice amount plus 0.35 EUR),
Credit cards
Data protection at a glance
General information
The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data are all data with which you can be personally identified. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.
Data collection on our website. Who is responsible for data collection on this website?
The data processing on this website is carried out by the website operator. You can find their contact details in the legal notice of this website.
How do we collect your data?
On the one hand, your data is collected when you provide it to us. This can, for example, be data that you enter in a contact form. Other data are automatically recorded by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of the page was viewed). This data is collected automatically as soon as you enter our website.
What do we use your data for?
Some of the data is collected in order to ensure that the website is error-free. Other data can be used to analyze your user behavior.
What rights do you have with regard to your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction, blocking or deletion of this data. You can contact us at any time at the address given in the legal notice if you have any further questions on the subject of data protection. You also have the right to lodge a complaint with the competent supervisory authority.
Analysis tools and third party tools
When you visit our website, your surfing behavior can be statistically evaluated. This is done primarily with cookies and so-called analysis programs. Your surfing behavior is usually analyzed anonymously; surfing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. You can find detailed information on this in the following data protection declaration. You can object to this analysis. We will inform you about the possibilities of objection in this data protection declaration.
The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration. When you use this website, various personal data are collected. Personal data are data with which you can be personally identified. This data protection declaration explains which data we collect and what we use it for. It also explains how and for what purpose this is done.
We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible. Note on the responsible body
The responsible body for data processing on this website is:
MORGAN Catering Equipment GmbH
Münchnerstrasse 1C
85232 Bergkirchen
Name and contact details of the data protection officer:
Christian Wagner
Email: it@morgangmbh.de
The responsible body is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke your consent at any time. An informal e-mail to us is sufficient. The legality of the data processing carried out before the revocation remains unaffected by the revocation.
Right of appeal to the competent supervisory authority
In the event of violations of data protection law, the person concerned has the right to lodge a complaint with the competent supervisory authority. The competent supervisory authority for data protection issues is the state data protection officer of the federal state in which our company is based. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible, this will only be done if it is technically feasible.
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the website operator, this site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http: //” to “https: //” and by the lock symbol in your browser line.
If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
Encrypted payment transactions on this website
If there is an obligation to provide us with your payment data (e.g. account number for direct debit authorization) after the conclusion of a paid contract, this data is required for payment processing.
Payment transactions using common means of payment (Visa / MasterCard, direct debit) are made exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http: //" to "https: //" and by the lock symbol in your browser line.
With encrypted communication, your payment data that you transmit to us cannot be read by third parties.
Information, blocking, deletion
Within the framework of the applicable statutory provisions, you have the right to free information about your stored personal data, their origin and recipient and the purpose of the data processing and, if necessary, a right to correct, block or delete this data. You can contact us at any time at the address given in the legal notice if you have any further questions on the subject of personal data.
Objection to advertising mail
We hereby object to the use of the contact data published in the context of the imprint obligation for sending unsolicited advertising and information materials. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as spam e-mails.
Data collection on our website
Cookies
Some of the websites use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser the next time you visit.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when you close the browser. If cookies are deactivated, the functionality of this website may be restricted.
Cookies that are required to carry out the electronic communication process or to provide certain functions you require (e.g. shopping cart function) are stored on the basis of Art. 6 Para. 1 lit.f GDPR. The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimized provision of its services. Insofar as other cookies (e.g. cookies for analyzing your surfing behavior) are stored, these will be treated separately in this data protection declaration.
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
Browser type and browser version
operating system used
Referrer URL
Host name of the accessing computer
Time of the server request
IP address
This data will not be merged with other data sources.
The basis for data processing is Article 6 (1) (f) GDPR, which allows the processing of data for the fulfillment of a contract or pre-contractual measures.
contact form
If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent.
The processing of the data entered in the contact form takes place exclusively on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke this consent at any time. An informal e-mail to us is sufficient. The legality of the data processing operations carried out before the revocation remains unaffected by the revocation.
The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular retention periods - remain unaffected.
You can register on our website in order to use additional functions on the site. We use the data entered for this purpose only for the purpose of using the respective offer or service for which you have registered. The mandatory information requested during registration must be given in full. Otherwise we will refuse the registration.
For important changes, for example in the scope of the offer or for technically necessary changes, we will use the e-mail address given during registration to inform you in this way.
The processing of the data entered during registration is based on your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke your consent at any time. An informal e-mail to us is sufficient. The legality of the data processing that has already taken place remains unaffected by the revocation.
The data recorded during registration will be stored by us as long as you are registered on our website and will then be deleted. Statutory retention periods remain unaffected.
Processing of data (customer and contract data)
We collect, process and use personal data only insofar as they are necessary for the establishment, content or change of the legal relationship (inventory data). This is done on the basis of Art. 6 Paragraph 1 lit. b GDPR, which allows the processing of data for the performance of a contract or pre-contractual measures. We collect, process and use personal data on the use of our website (usage data) only to the extent necessary to enable the user to use the service or to bill them.
The customer data collected will be deleted after the order has been completed or the business relationship has ended. Statutory retention periods remain unaffected.
Data transfer when concluding a contract for online shops, dealers and dispatch of goods
We only transmit personal data to third parties if this is necessary in the context of contract processing, for example to the company entrusted with the delivery of the goods or the credit institution commissioned with the payment processing. A further transmission of the data does not take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, e.g. for advertising purposes.
The basis for data processing is Article 6 (1) (b) GDPR, which allows data to be processed to fulfill a contract or to take steps prior to entering into a contract.
Social media
Share content via plugins (Facebook, Google +1, Twitter & Co.)
The content on our pages can be shared on social networks such as Facebook, Twitter or Google+ in compliance with data protection regulations. This page uses the eRecht24 Safe Sharing Tool for this. This tool only establishes direct contact between the networks and users when the user actively clicks on one of these buttons.
This tool does not automatically transfer user data to the operators of these platforms. If the user is logged in to one of the social networks, an information window appears when using the social buttons of Facebook, Google + 1, Twitter & Co. in which the user can confirm the text before sending it.
Our users can share the content of this page in compliance with data protection regulations in social networks without the operator of the network having to create complete surf profiles.
Facebook plugins (like & share button)
Plugins of the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, are integrated on our pages. You can recognize the Facebook plugins by the Facebook logo or the "Like" button on our website. You can find an overview of the Facebook plugins here: https://developers.facebook.com/docs/plugins/.
When you visit our website, the plug-in establishes a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site with your IP address. If you click the Facebook "Like" button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This enables Facebook to assign your visit to our website to your user account. We would like to point out that, as the provider of the website, we have no knowledge of the content of the data transmitted or of how it is used by Facebook. You can find more information on this in Facebook's data protection declaration at: https://de-de.facebook.com/policy.php.
If you do not want Facebook to be able to assign your visit to our website to your Facebook user account, please log out of your Facebook user account.
Twitter plugin
Functions of the Twitter service are integrated on our sites. These functions are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the "Retweet" function, the websites you visit are linked to your Twitter account and made known to other users. This data is also transmitted to Twitter. We would like to point out that, as the provider of the website, we have no knowledge of the content of the data transmitted or of how it is used by Twitter. You can find more information on this in Twitter's data protection declaration at: https://twitter.com/privacy.
You can change your data protection settings on Twitter in the account settings at https://twitter.com/account/settings.
Analysis tools and advertising
Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies". These are text files that are saved on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.
The storage of Google Analytics cookies is based on Art. 6 Para. 1 lit.f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.
IP anonymization
We have activated the IP anonymization function on this website. As a result, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before it is transmitted to the USA. The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
Browser plugin
You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=de.
Objection against data collection
You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will be set which prevents the collection of your data on future visits to this website: Deactivate Google Analytics.
You can find more information on how user data is handled by Google Analytics in Google's data protection declaration: https://support.google.com/analytics/answer/6004245?hl=de.
Demographic characteristics in Google Analytics
This website uses the “demographic characteristics” function of Google Analytics. This allows reports to be created that contain information on the age, gender and interests of the site visitors. This data comes from interest-based advertising from Google as well as from visitor data from third-party providers. These data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the section “Objection to data collection”.
Google Analytics remarketing
Our websites use the functions of Google Analytics Remarketing in conjunction with the cross-device functions of Google AdWords and Google DoubleClick. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
This function enables the advertising target groups created with Google Analytics Remarketing to be linked with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-related, personalized advertising messages that have been adapted to you depending on your previous usage and surfing behavior on one device (e.g. mobile phone) can also be displayed on another of your devices (e.g. tablet or PC).
If you have given your consent, Google will link your web and app browser history to your Google account for this purpose. In this way, the same personalized advertising messages can be displayed on every device on which you log in with your Google account.
To support this function, Google Analytics collects Google-authenticated user IDs, which are temporarily linked to our Google Analytics data in order to define and create target groups for cross-device advertising.
You can permanently object to cross-device remarketing / targeting by deactivating personalized advertising in your Google account; follow this link: https://www.google.com/settings/ads/onweb/.
The collected data is summarized in your Google account exclusively on the basis of your consent, which you can give to Google or revoke (Art. 6 Para. 1 lit. a GDPR). In the case of data collection processes that are not merged in your Google account (e.g. because you do not have a Google account or have objected to the merging), the collection of data is based on Art. 6 Paragraph 1 lit.f GDPR. The legitimate interest arises from the fact that the website operator has an interest in the anonymized analysis of the website visitors for advertising purposes.
Further information and the data protection provisions can be found in Google's data protection declaration at: https://www.google.com/policies/technologies/ads/.
Google AdWords and Google Conversion Tracking
This website uses Google AdWords. AdWords is an online advertising program from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States (“Google”).
We use so-called conversion tracking as part of Google AdWords. If you click on an ad placed by Google, a conversion tracking cookie will be set. Cookies are small text files that the Internet browser stores on the user's computer. These cookies lose their validity after 30 days and are not used to personally identify users. If the user visits certain pages on this website and the cookie has not yet expired, we and Google can see that the user clicked on the ad and was redirected to this page.
Every Google AdWords customer receives a different cookie. The cookies cannot be tracked via the websites of AdWords customers. The information obtained using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers find out the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified. If you do not want to participate in tracking, you can object to this use by easily deactivating the Google conversion tracking cookie in your internet browser under user settings. You will then not be included in the conversion tracking statistics.
“Conversion cookies” are saved on the basis of Article 6 (1) (f) GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.
You can find more information on Google AdWords and Google Conversion Tracking in Google's data protection provisions: https://www.google.de/policies/privacy/.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when you close the browser. If cookies are deactivated, the functionality of this website may be restricted.
Google reCAPTCHA
We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our websites. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).
The purpose of reCAPTCHA is to check whether data is entered on our website (e.g. in a contact form) by a person or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis begins automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, length of stay of the website visitor on the website or mouse movements made by the user). The data collected during the analysis are forwarded to Google.
The reCAPTCHA analyzes run completely in the background. Website visitors are not informed that an analysis is taking place.
The data processing takes place on the basis of Art. 6 Para. 1 lit.f GDPR. The website operator has a legitimate interest in protecting his web offers from abusive automated spying and from SPAM.
For more information on Google reCAPTCHA and Google's privacy policy, see the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android. html.
Newsletter
Newsletter data
If you would like to receive the newsletter offered on the website, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter . Further data is not collected or is only collected on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.
The processing of the data entered in the newsletter registration form takes place exclusively on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the "Unsubscribe" link in the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
The data you have stored with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted after you unsubscribe from the newsletter. This does not affect data that we have stored for other purposes (e.g. email addresses for the members' area).
Rapidmail
This website uses Rapidmail to send newsletters. The provider is rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany.
Rapidmail is a service with which, among other things, the dispatch of newsletters can be organized and analyzed. The data you enter for the purpose of subscribing to the newsletter will be stored on the Rapidmail servers in Germany.
If you do not want an analysis by Rapidmail, you have to unsubscribe from the newsletter. We provide a link for this in every newsletter message. You can also unsubscribe from the newsletter directly on the website.
Data analysis through Rapidmail
For the purpose of analysis, the emails sent with Rapidmail contain a so-called “tracking pixel” that connects to the Rapidmail servers when the email is opened. In this way it can be determined whether a newsletter message has been opened.
Furthermore, with the help of Rapidmail, we can determine whether and which links are clicked on in the newsletter message. All links in the email are so-called tracking links, with which your clicks can be counted.
You can find more information about the analysis functions of Rapidmail at the following link: https://de.rapidmail.wiki/ategorien/statistiken/.
Legal basis
The data processing takes place on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke this consent at any time. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
Storage period
The data you have stored with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from our servers as well as from the Rapidmail servers after you unsubscribe from the newsletter. This does not affect data that we have stored for other purposes (e.g. email addresses for the members' area).
For more information, see the data security information from Rapidmail at: https://www.rapidmail.de/datensicherheit.
Conclusion of a contract for order data processing
We have concluded a contract with Rapidmail in which we oblige Rapidmail to protect the data of our customers and not to pass them on to third parties. This contract can be viewed under the following link: https://de.rapidmail.wiki/files/adv/muster-aufsdatenverarbeitung.pdf.
Plugins and tools
YouTube
Our website uses plugins from YouTube, operated by Google. The operator of the website is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
If you visit one of our pages equipped with a YouTube plug-in, a connection to the YouTube servers will be established. The YouTube server is informed which of our pages you have visited.
If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit.f GDPR.
You can find more information on handling user data in YouTube's data protection declaration at: https://www.google.de/intl/de/policies/privacy.
Google Web Fonts
This page uses so-called web fonts, which are provided by Google, for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.
For this purpose, the browser you are using must connect to the Google servers. This gives Google knowledge that our website has been accessed via your IP address. The use of Google Web Fonts takes place in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit.f GDPR.
If your browser does not support web fonts, a standard font will be used by your computer.
Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's data protection declaration: https://www.google.com/policies/privacy/.
Payment provider
PayPal
On our website we offer, among other things, payment via PayPal. The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”).
If you choose to pay via PayPal, the payment details you have entered will be transmitted to PayPal.
The transfer of your data to PayPal takes place on the basis of Art. 6 Paragraph 1 lit. a GDPR (consent) and Art. 6 Paragraph 1 lit. b GDPR (processing to fulfill a contract). You have the option of withdrawing your consent to data processing at any time. A revocation does not affect the effectiveness of data processing operations in the past.
TERMS OF USE "MORGAN GMBH"
1 General information and scope
1. The general terms and conditions apply to all existing and future business relationships. Deviating, conflicting or supplementary general terms and conditions do not become part of the contract even if we are aware of these conditions and we deliver the goods without reservation, unless their validity is expressly agreed in writing.
2. Customers are entrepreneurs within the meaning of these General Terms and Conditions (within the meaning of 14 BGB).
3. All agreements that are made between us and the customer for the purpose of executing this contract must be made in writing, including agreed deviations from these general terms and conditions.
2 conclusion of contract
1. Our offers are non-binding. We reserve the right to make technical changes as well as changes in shape, color and / or weight within reasonable limits. All quantities, dimensions and similar features are also specified in commercial approvals.
2. We are entitled to accept the customer's contract offer contained in the order within two weeks of receipt. The acceptance can be declared in writing or tacitly by delivering the goods to the customer. Our confirmation of receipt of an order does not constitute a binding acceptance of this order.
3. The presentation of the goods in our online shop does not represent a binding offer to the customer, but merely represents a non-binding online catalog.
4. The dispatch of the customer's order constitutes an offer to conclude a sales contract for the goods contained in the order under the conditions communicated with the order.
5. A sales contract is only concluded when Gastro Schnell sends the ordered goods to the customer and confirms the shipment to the customer with a second email (shipping confirmation), but no later than when the goods are delivered to the customer. If the service is not available, the customer will be informed immediately. Payments already received will be reimbursed immediately.
6. Valid address information
The customer is responsible for providing valid address information on his invoice and delivery note, as subsequent changes, especially the invoice, are not possible.
7. Delivery within Germany
The applicable VAT is charged for all deliveries within Germany. If the goods are sent by the customer or one of his representatives to non-EU countries or to the EU community, our company does not initiate a VAT refund procedure.
3 Prices and Terms of Payment
1. None of the prices quoted in our online shop include the statutory value added tax of 19 percent; This is then added. All prices are "ex works", i. H. Ex works Ochtrup, including packaging, plus all other shipping costs and any cash on delivery fees. You can find more information on the subject of shipping costs and payment in the Shipping section at www.gastroschnell.com.
2. Payment by the customer can be made in advance, cash on delivery or collection by the customer. Orders from abroad are only processed against prepayment. In these cases, order-specific shipping costs also apply.
Advance payment:
The advance payment is made by bank transfer. If you order in advance, you will receive an automatically generated order confirmation by email with details of our bank details and your order number. Please give this order number together with your first / last name as a reference when making the transfer. Please note that the receipt of payment can take between one and five days, depending on the day of the week and the speed of the respective bank. Your order can only be processed after receipt of payment.
Collections on delivery:
Pick-ups on delivery are usually paid in cash to the courier or forwarding agent (supplier). (Please make sure that you enter the correct payment amount, as the couriers (suppliers) usually do not make any changes!) Please note that in addition to the stated shipping costs, we also charge the delivery fee of the parcel service on our invoice to you.
Please also note that for non-standard goods that are exclusively made to order, 30% of the total net amount must be paid in advance when the order is placed. In the event that the customer withdraws from the purchase contract, Gastro Schnell retains this amount to offset the expenses
Collection by the customer:
The customer picks up the goods from Gastro Schnell in Ochtrup against cash payment.
With the new law on entry certificates 17a (2) No. 2 UStDV, every tax-free collection must have a valid TIN. After joining the goods in another European member state, the customer must confirm this collection.
For security reasons, we are forced to withhold the total amount as an indication of the German tax. This amount must be paid by the customer together with the total invoice amount.
Third country: The same applies to customer deliveries to a third country (or a third country). In this case, we will reimburse the retained deposit of 19% of the total invoice amount immediately after a final check of the customs documents presented to us.
3. Please note that Gastro Schnell has no influence on the amount of the customs duties or taxes to be paid in your country for orders from Switzerland or other countries for which import duties are levied. In this case, please familiarize yourself with the costs that may arise from an order that is only calculated when the goods are imported into your country. These fees are NOT charged by Gastro Schnell and are NOT included in the shipping costs. If VAT is incurred when the goods are imported into your country (e.g. Switzerland), you can remove the German VAT from your order before completing the transfer.
4. For deliveries to non-EU countries, all fees / costs / costs relating to import, VAT or customs are due immediately.
5. Installation and assembly costs are only included in the price if a separate agreement has been made in this regard.
6. We reserve the right to change our prices accordingly if, after the conclusion of the contract, cost reductions or increases occur, in particular due to collective bargaining agreements or significant price changes
7. The statutory value added tax is included in the purchase price; The statutory amount on the day of invoicing is shown separately.
8. In the event of default in payment, the entrepreneur has to pay interest on the debts at eight percentage points above the base rate. We reserve the right to claim additional default damage from business owners.
9. The customer is only entitled to counterclaims if they have been legally established or recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
10. The customer is only entitled to withhold payments as a result of a notification of defects insofar as this is appropriate to the defects reported.
11. The costs for customer logos will be invoiced separately. Deliveries above / below the customary order value will be accepted by the customer.
12. The customer is entitled to withhold payments only because of a complaint if the withheld payment is appropriate to the alleged defects.
13. Shipping in advance is usually free of charge within Germany. Exceptions are all German islands. In the case of delivery to an island, we reserve the right to charge the island surcharge for the respective order.
4 offers
1. Product descriptions in our offers, order confirmations and in the internet shop etc. are only approximate. Deviations in terms of material, color, weight, dimensions, technical design and similar properties are reserved, provided that the delivery item remains reasonable for the customer / buyer. All quantities, dimensions and similar features are also specified in commercial approvals.
5 delivery period
1. All technical questions must be clarified before the start of the specified delivery period.
2. Compliance with the delivery obligations requires the timely and proper fulfillment of the customer's obligations, in particular the complete recording of the documents to be submitted by the customer and the receipt of an agreed advance payment.
3. If the customer is in default of acceptance or if he violates other obligations to cooperate, we are responsible for reimbursing the damage incurred, including additional costs. We reserve the right to assert further claims. In addition, the risk of accidental loss or accidental deterioration of the object of purchase is transferred to the customer as soon as the customer is in default of acceptance or default of payment.
4. We are entitled to make delivery at the beginning of the agreed delivery time. If the customer cannot or does not want to accept the goods at this point in time despite our offer, we are entitled to store the goods with us and to demand immediate payment. Additional costs incurred as a result of these measures or otherwise due to the delay in acceptance can be invoiced separately. If the order is not fulfilled for reasons for which the customer is responsible, 30 percent of the order quantity is agreed as compensation. The customer reserves the right to prove that his non-performance resulted in no or significantly less damage. The compensation is due immediately. We reserve the right to assert further damage. A deposit of 30 percent of the gross value must be made for products that are specially manufactured for the customer or that are not general stock items (with a delivery time of 3-4 weeks or 2-3 weeks). The customer is obliged to hand over the goods to the carrier in the original packaging secured for transport. Costs for transport damage caused by inadequate packaging are to be borne by the customer.
5. In the event of delivery and service disruptions due to force majeure and unforeseen events for which we are not responsible and which make delivery considerably more difficult or impossible, in particular strikes, lockouts, operational disruptions, legal measures, delay in delivery of accessories, etc. (even if these are ours Concerning suppliers or subcontractors) we are entitled to extend delivery deadlines by up to six weeks, even with binding delivery deadlines. If the hindrance lasts longer than six weeks, the customer is entitled to withdraw from the contract after a reasonable grace period.
6. The goods are delivered free of charge to the customer's delivery address. The customer is responsible for proper transport to the final destination. Gastro Schnell International assumes no liability for the support provided by the staff for this transport.
7. ATTENTION! Several delivery attempts:
Please ensure that the carrier meets someone at the agreed time and place, otherwise the carrier will charge additional costs for further delivery attempts based on the size of the order. These additional costs are borne by the customer.
9. Express deliveries:
It should be noted that in the case of express deliveries, the carrier does not contact us by telephone.
10. Special products:
If the customer cancels an order for products that were specially ordered or manufactured or additionally manufactured for the customer, we reserve the right to withhold 30 percent of the value of the item including VAT. 19 percent VAT as a cancellation fee. Cancellation free of charge is only possible up to a maximum of three working days after receipt of the order confirmation. The cancellation must be made in writing and can be done by sending, faxing or emailing an independently formulated and signed cancellation text.
11. Delivery within Germany
The applicable VAT is charged for all deliveries within Germany. If the goods are sent by the customer or one of his representatives to non-EU countries or to the EU community, our company does not initiate a VAT refund procedure.
12. Custom orders
There is no right of return for custom-made products according to customer requirements. The customer is not entitled to any changes or compensation if he is dissatisfied with the product. The right of revocation does not exist in the case of agreements on the delivery of goods that are manufactured according to customer specifications and tailored to the personal needs of the customer, or in the case of other special orders, such as. B. Articles outside the product range.
6 assumption
If we carry out the assembly, the acceptance takes place after completion of the assembly. If no formal acceptance is required, the acceptance is deemed to have taken place eight days after completion of the assembly. Likewise, the content of the invoice is considered accepted if the customer does not immediately object in writing, and non-merchants within eight days.
7 Assembly
1. Our devices must be assembled and / or connected by professionals. The technical invoice for this assembly and / or connection work must be kept for the warranty period, as this is decisive for the customer's warranty claim.
2. At the beginning of the assembly, all construction work must have progressed so far that the assembly can be carried out unhindered. The customer provides electricity, water, heating, lighting and lockable rooms in order to store the items supplied and the tools made available to carry out the assembly.
3. The customer must procure assistants and the equipment and lifting gear necessary for the transport of heavy objects.
4. If openings in the buildings through which parts are to be delivered are too small, the resulting costs, in particular for enlarging the opening or dismantling the parts and absenteeism or waiting times, will be borne by the customer.
5. Bricklaying, plastering, painting, carpentry, installation and electrical connection work are not included in the offer. If the device is connected by the seller, all necessary water, sewage, electricity and gas connections at the installation site must be made up to the device.
6. We are only liable for the proper handling and assembly of the delivery item. We are not liable for the work of persons acting on our behalf if this work is not related to the installation or assembly or if the work is initiated by the customer.
8 Transfer of Risk
1. Delivery is agreed "ex works", unless otherwise stated in the order confirmation.
2. The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer when the goods are handed over, the goods are handed over to the freight forwarder or to another person or to a department responsible for mail order
3. The transfer has also taken place if the customer is in default of acceptance.
9 Guarantee
1. In the event of defects in the goods, we initially fulfill our guarantee by repairing the goods or delivering a replacement, as we choose. If the customer has not used the delivery item as intended after delivery to a location other than the place of residence or the business premises, the customer bears the additional costs for remedying the defects
2. If the supplementary performance fails, the customer can, at his option, request a reduction in payment or withdrawal from the contract. The subsequent performance is deemed to have failed after an unsuccessful second attempt.
In the case of insignificant defects (within the meaning of Section 323 (5) BGB), however, the customer has no right of withdrawal. Obvious defects are to be reported immediately in writing, otherwise the assertion of the warranty claim is excluded. Submitting the complaint on time is sufficient to meet the deadline.
3. The warranty period is one year from delivery. No guarantee is given for used items. This does not apply to claims for damages due to injury to life, limb or health. This guarantee does not apply to other damage caused by gross negligence or willful misconduct. In this case, the statutory limitation period applies.
4. In principle, only the manufacturer's product description applies as the agreed condition of the goods. Public statements by the manufacturer as well as advertising campaigns or advertisements do not represent the agreed condition of the goods.
5. If the customer receives faulty assembly instructions, we are only obliged to deliver faultless assembly instructions if the fault in the assembly instructions prevents proper assembly.
6. Warranty claims asserted against us can only be asserted directly by the customer and cannot be assigned.
7. All images used for the presentation of goods in the GastroSchnell are only sample photos. They do not represent the article correctly in every case, but are for illustration purposes only. Colors in particular can lead to deviations due to the different display on different screens. The technical description of the article is decisive.
8. We are not liable for damage caused by improper use and storage, incorrect installation or normal wear and tear. A guarantee is excluded for repair work or other interventions by the customer / buyer or third parties without our consent.
9. If goods are returned as part of the supplementary performance, the customer must replace any possible use of the item.
10. Special products:
If the customer cancels an order for products that were specially ordered or manufactured or additionally manufactured for the customer, we reserve the right to withhold 30 percent of the value of the item including VAT. 19 percent VAT as a cancellation fee. Cancellation free of charge is only possible up to a maximum of three working days after receipt of the order confirmation. The cancellation must be made in writing and can be done by sending, faxing or emailing an independently formulated and signed cancellation text.
11. Custom orders
There is no right of return for custom-made products according to customer requirements. The customer is not entitled to any changes or compensation if he is dissatisfied with the product. The right of revocation does not exist in the case of agreements on the delivery of goods that are manufactured according to customer specifications and tailored to the personal needs of the customer, or in the case of other special orders, such as. B. Articles outside the product range.
10 guarantee
1. If the customer chooses the free option “Spare parts guarantee” under “Choice of guarantee”, we grant a durability guarantee of one year from delivery for the delivered goods. The guarantee is limited to the delivery of spare parts. All costs related to installation, travel or wages are to be borne by the customer.
2. If the customer selects the option “One year full guarantee” under “Choice of guarantee” (against a surcharge of 5% on the purchase price), we grant a durability guarantee of one year from delivery for the delivered goods, which also includes any material , Wages or travel expenses. If the customer chooses the “two year full guarantee” option (for a 10% surcharge on the purchase price), we grant a two-year durability guarantee for the delivered goods from delivery, which also includes material, wages or travel costs.
11 Limitation of Liability
1. We are not liable for slight negligence with regard to insignificant contractual obligations.
2. The above limitations of liability do not apply to injury to life, limb or health or in accordance with the Product Liability Act.
3. Claims for damages by the customer due to defects expire one year after delivery of the goods. This does not apply if we are accused of intent.
12 Reservation of Title
1. We expressly reserve title to the goods until all claims from an existing business relationship have been settled in full. During this period of retention of title, the following conditions apply.
2. The customer is obliged to treat the goods with care. If maintenance and inspection work is required, the customer must carry this out regularly and at his own expense.
3. The customer is obliged to notify us immediately of any access by third parties to the goods, for example in the event of seizure of the goods, as well as damage to or destruction of the goods. The customer must inform us immediately of any change in ownership or any change in the company's registered office.
4. If the customer acts in breach of contract, in particular in the event of default in payment or breach of the obligations under clauses d) and e) of this paragraph, we are entitled to withdraw from the contract and request the return of the goods.
5. The entrepreneur processes the goods only in our name and for us. If the goods are processed with objects that do not belong to us, we acquire co-ownership of the goods in the ratio of the value of the objects delivered by us to the other objects. The same applies if the goods are mixed with other items from third parties.
6. The entrepreneur is entitled to resell the goods in the ordinary course of business. The entrepreneur hereby assigns all claims to the amount of the invoice amount to us. We accept this assignment. The entrepreneur remains authorized to collect the claims after the assignment. We reserve the right to collect the claims ourselves as soon as the entrepreneur no longer meets his payment obligations and is in default of payment.
7. We expressly reserve property rights and copyrights to cost estimates, drawings and other offer documents. The customer may not grant third parties access to these documents. All documents are to be returned to us at our request.
13 Customer registration, customer account
1. The customer must register with Gastro Schnell and set up a customer account in order to be able to shop in the Gastro Schnell online shop. Alternatively, a customer can make a one-time purchase without registering.
2. Immediately after completing the registration process, Gastro Schnell sends the customer an email with the customer information provided to the email address provided by the customer when registering.
3. The customer must ensure that he can access the specified e-mail account and that the receipt of e-mails from Gastro Schnell regarding order processing is not due to forwarding, closing or spam filter settings of the e-mail. Mail account or due to which is not excluded e-mail account is full. The customer must protect his customer password from misuse by third parties and may not pass this password on to third parties.
14 Customer Service
If you have any problems or questions, please contact Gastro Schnell's customer service.
15 General information
1. If the application of VOB / B (Part B of the Construction Contracts) or VOL / B (Part B of the Construction Contracts) is agreed in business dealings with the customer, these terms and conditions only apply to the extent to which they do not apply applicable VOB / B or VOL / B are contradicted.
2. We must be informed immediately of changes in the company's ownership, the form of the company or other circumstances affecting the economic situation, as well as changes of address.
16 data memory
The customer agrees that we can store personal data as part of the business relationship. The customer also agrees and is aware that we digitize legally relevant declarations and do not keep them in conventional paper form. All data collected on this website are treated in accordance with the provisions of the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the European General Data Protection Regulation (DSG). Personal data will not be passed on to third parties without the express written consent of the person concerned. For more information, see the privacy policy on our website.
17 final provisions
1. The law of the Federal Republic of Germany applies. The provisions of the UN sales law do not apply.
2. If the customer is a merchant, legal entity under public law or special fund under public law, our place of business in Ochtrup is the exclusive place of jurisdiction for all disputes arising from this contract. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or usual place of residence is unknown at the start of the proceedings
3. Should individual provisions of this contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision will be replaced by a provision that comes as close as possible to the economic purpose of the ineffective provision.