Terms and conditions
We would like to familiarise you below with our standard terms and conditions, which govern how we process and settle your purchases. The bistromarket.de website offers "Bistro merchandise" and "Bistro partner merchandise" for sale. Bistromarket merchandise is all merchandise that we offer on www.bistromarket.com, unless it states that it is Bistro partner merchandise.
1. Formation of contract and delivery of merchandise
1.1 For orders placed online at bistromarket.de, we enter into German or English language contracts only. You can choose your preferred language by selecting ENG/DE in the header of the website. In addition, you are informed about the option to switch to German version on the respective Product Detail Page.
1.2 When you order Bistro merchandise, your contract is with Der Bistrozucker, Klausnerring 13, 85551 Kirchheim b. München, Telefon: +49 (0)89 746 10 480, fax: +49 (0)89 746 10 480, e-mail: info@bistrozucker.de, and when you order Bistro partner merchandise, you also have a contract with the respective Bistro partner. Bistro partners are specifically identified on each product details page.
1.3 By clicking on "Buy now", you are placing a binding order for the items in your shopping cart. Once you have submitted your order, we will immediately send you an e-mail confirmation of your order. The automated order confirmation does not constitute an acceptance of the contract. The contract is concluded by sending a separate order confirmation or at the latest by the delivery of the goods. These are usually available within two working days. Please note that items ordered by advanced payment (reserved) will be dispatched as soon as we receive payment of the full purchase price and any shipping costs. We therefore ask you to transfer the purchase price immediately after receiving the order confirmation, but at least within 7 days.
1.4 Please note that, by way of exception, we are under no obligation to deliver your order if our suppliers fail to deliver stock correctly or on time, despite us having followed proper ordering practice at our end (matching purchase transaction (kongruentes Deckungsgeschäft). For this exception to apply, we must not be legally responsible for the merchandise being unavailable, and we must have notified you of the situation without undue delay. In addition, we must not have assumed a procurement risk in relation to the ordered merchandise. If merchandise is unavailable, we will refund any payments made by you without undue delay.
1.5 We do not assume the risk of having to procure ordered merchandise elsewhere (procurement risk). This applies also to orders for generic goods (where only the type and features of the goods are described). We are obliged only to make deliveries from our available stock and from the stock we have ordered from our suppliers. Our stock includes the relevant Bistro partner's stock where Bistro partner merchandise is ordered. We deliver within Germany. Where time periods are expressed in working days, we understand working days to mean all of the days between Monday and Friday inclusive, but not public holidays.
1.6 We inform you about the delivery time on each product detail page as well as before you place an order.
2. Prices, shipping costs and express delivery
2.1 The prices set out in the offer as at the date on which the order is placed shall apply. The stated prices are final prices (totals), in other words they include German value added tax at the applicable statutory rate. The merchandise remains our property or the property of the relevant Bistropartner, as the case may be, until full payment of the purchase price.
2.2 Costs of shipping are as expressed, except for express deliveries, islands and international - non eu deliveries.
2.3 Express delivery is available for certain orders. When placing your order, you will see whether this option is available for your particular order as well as the costs of this option. Merchandise will be delivered within 2 working days at the latest. If the merchandise does not arrive within that delivery period, you will of course receive a refund of the delivery costs.
3. Payment
3.1 We generally accept the following payment methods: cash in advance, credit card, payment on account and payment through Paypal. We reserve the right not to accept certain payment methods for a given order and to refer to other payment methods. You are responsible for any costs associated with money transactions.
3.2 In the case of credit card purchases, your card will be charged when we ship your order.
3.3 We reserve the right to charge a fixed late payment fee of EUR 5 per reminder notice if you default on payment. You have the right to bring evidence to show that the actual damage sustained was substantially less than the fixed fee, or that no damage was sustained at all.
3.4 You consent to receiving invoices and credits solely in electronic form.
4. Promotional vouchers and their redemption
4.1 Promotional vouchers are vouchers that cannot be purchased, but are given out during advertising campaigns and are valid for a certain period of time.
4.2 Promotional vouchers can be redeemed once only in connection with an order, and only within the specified period. Certain brands may be excluded from the promotion. Promotional vouchers may not be used to purchase gift vouchers. Please note that a minimum order value may apply to the use of promotional vouchers.
4.3 The value of the merchandise must equal or exceed the value of the promotional voucher. If the voucher does not cover the value of the merchandise, the difference can be paid using any of the accepted payment methods. The value of promotional vouchers will not be paid out in cash, nor will it accrue interest. Promotional vouchers will not be refunded if all or some of the merchandise is returned.
4.4 Promotional vouchers can only be redeemed before the ordering process is complete. It is not possible to apply vouchers retrospectively. Promotional vouchers may not be transferred to third parties. Unless we have agreed otherwise, it is not possible to combine multiple promotional vouchers.
4.5 If you used a promotional voucher when making your purchase and, as a result of revocation by you, the total value of your order is less than or equal to the value of the promotional voucher, we reserve the right to charge you the original price for the merchandise you retain.
5. Gift vouchers and their redemption
5.1 Gift vouchers are vouchers that can be purchased. They may only be redeemed to purchase Bistromarket merchandise and Bistromarket partner merchandise, not more gift vouchers. If the value of a gift voucher is not enough to cover the order, the difference can be paid using any of the accepted payment methods.
5.2 Gift vouchers can only be redeemed and credits applied prior to completing your order. The value of gift vouchers will not be paid out in cash, nor will it accrue interest. Please go to "My Account" at www.bistromarket.de in order to redeem gift vouchers and apply them to your customer account or to view your credit balance.
6. Statutory right of revocation in respect of Bistromarket merchandise (only valid for EU orders)
When you purchase Bistromarket merchandise you have a statutory right of revocation:
The first thing you should know is that if you decide to return merchandise, you can use the return shipping label enclosed with your order, or it can also be printed out from your customer account page. If you do not have access to a printer, you encounter problems downloading the return shipping label or you require a new return shipping label, you can contact Customer Care to request one (contact details below). Please help us to avoid unnecessary costs by always using the return shipping label when returning merchandise.
Information regarding the right of revocation (only valid for EU orders):
You have the right to revoke this contract within 14 days without giving any reasons. The period of revocation is 14 days from the day on which you, or a third party designated by you (but who is not the carrier), took possession of the last item of merchandise.
In order to exercise your right of revocation you must notify us (Bistrozucker, Klausnerring 13, 85551 Kirchheim b. München, Telefon: +49 (0)89 746 10 480, fax: +49 (0)89 746 10 480, e-mail: info@bistromarkt.de) of your decision to revoke the contract by sending us an unequivocal declaration (e.g. a letter sent by post, a fax or an e-mail). If you wish, you may use the attached revocation form, but there is no requirement to do so.
You may also complete and submit the revocation form or other unequivocal declaration online through the contact form on our website. If you submit your notice of revocation online, we will send you a confirmation of receipt without undue delay (e.g. by e-mail). You will be deemed to have complied with the revocation period if you send your notice of revocation before such period expires.
Consequences of revocation
If you revoke this contract, we are required to refund all payments we received from you, including delivery costs (except any additional costs incurred as a result of you choosing a delivery method other than the lowest-cost standard delivery offered by us), without undue delay and at least within 14 days from the day on which we received your notice of revocation of this contract. Refunds will be processed using the same method of payment which you used for the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees for the refund. We may hold off completing your refund until we have received the merchandise back, or you have supplied us with proof that you have returned the merchandise, whichever occurs earlier.
You are obliged to return or hand over all merchandise to us without undue delay, but at least within 14 days from the day on which you gave us your notice of revocation of this contract.
The above requirement is deemed satisfied if you return the goods before expiry of the 14-day period. We will assume the return shipping costs, provided you use the return shipping label provided by us for shipment from the country in which delivery was made to you, otherwise you will be required to pay the return shipping costs. You are only obliged to cover any depreciation in the value of merchandise if the depreciation is attributable to your improper handling of the merchandise when examining its condition, properties and function.
Revocation form (only valid for EU orders)
(If you wish to revoke the contract, please complete this form and return it to us)Attn: Bistrozucker, Klausnerring 13, 85551 Kirchheim b. München, Telefon: +49 (0)89 746 10 480, fax: +49 (0)89 746 10 480, e-mail: info@bistromarkt.de
I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following merchandise (*)/:
— ordered on (*)/received on (*)
— name of customer(s)
— address of customer(s)
— date
(*) Delete where applicable
The right of cancellation expires prematurely for contracts subject to sealed goods which have been unsealed after delivery and which are not suitable for return due to hygienic reasons.
Return Policy – Non EU countries - All purchases are final.
Due to the nature of the products, personal preferences, tastes and mixing styles, we are unable to offer returns, refunds or exchanges for purchases of products. If any of our products do not meet your expectations, we want to know. As such, please email info@bistrozucker.de and please include your order number and a description of the reason for your dissatisfaction.
End of notice
7. Refunds
Any refunds are paid automatically to the account you used for payment. For payments on account and advance payment by funds transfer, the refund will be sent to the account from which the payment was made. If you paid by Paypal/credit card, the refund will be sent to your Paypal/credit card account. If you used a gift voucher for your purchase, we will credit the relevant amount to your gift voucher account.
9. Customer Care
For questions please contact us directly.
Telephone: +49 (0)89 7461048-0
Fax: +49 (0)89 7461048-44
eMail: info@bistrozucker.de
10. Statutory liability for defects and further information
The relevant statutory provisions govern our liability for defects.
11. Miscellaneous
This website, any use of this website and any dispute relating thereto to or to the products purchased therein shall be governed and construed by the laws applicable to the European Union, without regard to conflict of law rules. Both Bistromarket and you agree to the exclusive jurisdiction of the German State of Bavaria. This Agreement and the Privacy Policy shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.
Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not in any way not affect or impair the validity of the other provisions.
TRADEMARK NOTICE
Bistromarket and all related marks are logos, trademarks, and service marks owned, controlled by or licensed to Bistromarket. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
Warranty Disclaimer
This site, including any and all products, services, content or information contained within it, is provided as is, with all faults, with no representations or warranties of any kind, either express or implied, including, but not restricted to, implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non infringement. You assume total responsibility and risk for your use of this site, and any and all hyperlinked websites. Bistromarket, Its affiliates and its sponsors, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this site, content or information contained within the site , and/or any hyperlinked website. Your sole remedy for any form of dissatisfaction with this website, and/ or Hyperlinked websites is to promptly exit this website.
Disclaimer of Liability and Recommended Service Providers
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that Bistromarket is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Bistromarket reserves the right to remove such materials from the site without liability. Further, this disclaimer of liability applies to all products sold through the site, and any and all claims relating to those products as well as the authenticity, price, payment, shipment, loss, damage, or delay related thereto.
Disclaimer – Correctness of Information
Although Bistromarket attempts to ensure the integrity and accurateness of this site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of this site. It is possible that the site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform office@Bistromarket.com that it can be corrected. Information contained on the Site may be changed or updated without notice.
Bistromarket reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
Disclaimer – Site content copyrighted
The content of this website pages, including, but not limited to text, graphics, and icons, are copyrighted materials or non-copyrighted owned, controlled by or licensed to Bistromarket and contain trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, or evaluating, Bistromarket programs and activities. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Bistromarket icons, website address, or other means to hyperlink other Internet sites with any page in the Bistromarket site, and Bistromarket assumes no responsibility for any other party's site hyperlinked to the Bistromarket site or in which any part of the Bistromarket site has been hyperlinked.
Bistromarket grants you a limited license for the website for your personal and noncommercial use in connection with your visit. Your use of this site is subject to all applicable laws and regulations. You are not permitted to modify or download any portion of the site without the express, written consent of Bistromarket. Except as expressly provided for in these Terms and Conditions, none of the content of the site may be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed for any purpose without the express, written consent of Bistromarket.
Disclaimer-No responsibility for links
The Bistromarket site may contain links to, videos from, and frames of sites which are not maintained by Bistromarket. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Bistromarket site does not imply Bistromarket’s endorsement of the linked or framed sites or their content.
Welcome our website. Please review this agreement (the “Agreement”), which shall apply to the purchase of all products sold to you through this website. By using this website you represent that you have reviewed and understood the terms and conditions set out therein and that you agree to be bound by the terms and conditions of this Agreement.
As the terms of this Agreement may be modified at Bistromarket’s sole discretion, without any obligation to notify you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes.
Privacy Policy
The use of this webpage is subject to the Bistromarket Privacy Policy. By accessing this webpage, you agree that you have read and consent to be bound not only to this Agreement, but also to the Privacy Policy.
Use of this Webpage
You acknowledge and warrant that any information you may post, transmit or submit to this webpage does not: (i) infringe on your rights; (ii) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; and (iii) constitute a criminal offence or give rise to civil liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the webpage or to any other user.
Your rights with regard to accessing this webpage may be terminated or restricted at any time at the sole discretion of Bistromarket. Bistromarket is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that Bistromarket may choose to enforce.
Customer Account
You are responsible for maintaining the security of your customer account on this webpage. Should any charges or damages occur due to your not taking reasonable care of your customer account or password, you agree that you will be held solely responsible.
12.2 The contract language on the english site is english
Copyrights and Trademarks
All materials displayed or otherwise accessible through this website are owned by Bistromarket and third party content suppliers, and are protected under the applicable copyright and trademark laws of Europe and elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access this website and make a single copy of the material for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use.
Links
This website may contain links to other websites that are operated by third parties, and are not under the control of Bistromarket. Bistromarket is not responsible for, and expressly excludes all liability with relation to these linked Bistromarket which you access at your own risk, and Bistromarket makes no representations, warranties or conditions concerning the linked websites or their contents.
Refusal
When you submit an order on this webpage, your order shall be considered as an offer to Bistromarket. Bistromarket reserves the right to refuse your order at any time and for any reason, including but not limited to: (i) the availability of the products in your area (Bistromarket specifically reserves the right to revise or cease to make available any of its products at any time); and (ii) if the products are incorrectly described or priced on the webpage. In the event that your order is cancelled or refused, you shall receive an email confirmation stating same. Additionally, if your order is refused or cancelled following payment, Bistromarket will reimburse you for the full amount paid.
The third party credit card service provider must approve all purchases made through the use of a credit card.
You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of Bistromarket.
Shipping Damages
Bistromarket will ship based on the method you select from the available options. The estimated time of the arrival of your product should be considered as an estimate only, and Bistromarket will not be responsible for any damages due to delays in shipping.
Charges for shipping will be listed when you purchase the product from this webpage. You are responsible for all federal and provincial shipping related taxes, and you agree to comply will all export laws of Europe that apply to the products purchased or received under this Agreement.
Bistromarket uses a third party shipping service provider to ship its products. As such, Bistromarket will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the third party shipping service provider.
Limitation of Liability
You hereby waive all guarantees or liabilities arising from law or otherwise. Under no circumstances shall Bistromarket, its management, representatives or employees be liable to you for any damages, however caused, including but not limited to direct, indirect, special, consequential, incidental, punitive or otherwise. Bistromarket, its management, representatives or employees shall not be liable for lost profits for any reason whatsoever. Bistromarket's MAXIMUM liability shall under no circumstances exceed the amount paid by the buyer for the product. This limitation is an IMPORTANT element of the agreement between Bistromarket and you.
Kind regards,
Der Bistrozucker Herstellungs & Vertriebs GmbH
Klausnerring 13
85551 Kirchheim b. München
Telephone: +49 (0)89 7461048-0
Fax: +49 (0)89 7461048-44
eMail: info@bistrozucker.de