Terms and Conditions

1. Scope

These Terms and Conditions (T&Cs) apply to all orders, deliveries and other services of Kelmendi Stuttgart GmbH, In Laisen 34, 72766 Reutlingen (hereinafter “Kelmendi”, “we” or “us”) via the website kelmendi-stuttgart.de and via the Kelmendi app.

Our offer is directed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (B2B wholesale). Contracts with consumers within the meaning of Section 13 BGB are excluded.

Deviating, conflicting or supplementary terms of the customer shall only become part of the contract if we have expressly agreed to them in writing.

2. Contracting party

The contracting party is:
Kelmendi Stuttgart GmbH
In Laisen 34
72766 Reutlingen
Germany
Email: [email protected]
Phone: 07121 - 4924231

3. Customer account and ordering

Use of the online shop and the app for placing orders requires an approved wholesale customer account. Registration is an application to open a business account. We decide at our own discretion whether to approve an account.

The presentation of products in the shop does not constitute a binding offer, but an invitation to place an order. By submitting an order, the customer makes a binding offer. The contract is concluded when we accept the order by order confirmation, release for delivery, or by dispatching the goods.

Information on pack sizes, pallet quantities and deposit (Pfand) forms part of the respective product description. Orders are generally placed in the specified units.

4. Prices, deposit and VAT

The wholesale prices shown in the customer account at the time of the order apply. Prices are in euros plus statutory VAT, unless otherwise stated.

For containers subject to deposit (e.g. reusable bottles), the statutory or agreed deposit is charged in addition and credited upon proper return in accordance with our take-back conditions.

Prior sale and price adjustments remain reserved where material cost changes occur between order and delivery and such adjustments are legally permissible.

5. Delivery

Deliveries are made within Germany to the delivery address provided by the customer, unless otherwise agreed. Delivery times (generally 24–48 hours) are non-binding unless a binding delivery date has been expressly confirmed in writing.

Partial deliveries are permitted where reasonable for the customer. Risk passes to the customer upon handover of the goods to the carrier or freight forwarder (sale by dispatch, Section 447 BGB), unless mandatory law provides otherwise.

If goods are unavailable, we will inform the customer without delay. Payments already made for undeliverable goods will be refunded unless a substitute offer is accepted.

6. Payment

Payment terms follow from the approval of the customer account, the respective invoice, or a separate agreement (e.g. prepayment, bank transfer, or an agreed payment period).

Invoices are due for payment without deduction unless another payment period has been agreed. In the event of default, we are entitled to charge default interest at the statutory rate and to claim further default damages. We may withhold outstanding deliveries until outstanding amounts have been settled.

7. Retention of title

Delivered goods remain our property until all claims arising from the business relationship have been paid in full. The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns to us claims arising from such resale in the amount of our invoice value. We accept this assignment.

8. Inspection and defects

The customer must inspect the goods immediately upon receipt and notify us in writing (email is sufficient) of obvious defects, short quantities or incorrect deliveries without delay, and at the latest within three working days of delivery. Hidden defects must be notified immediately upon discovery. Otherwise the goods are deemed accepted (Section 377 of the German Commercial Code).

In the event of justified defects, we will, at our option, provide subsequent performance by replacement delivery or substitute goods. If subsequent performance fails, the customer may reduce the price or withdraw from the contract. Further claims are governed by Section 9.

Food products are subject to natural variations in appearance and shelf life. Minor deviations that do not affect customary commercial quality do not constitute a defect. The best-before date must be observed; goods with a short remaining shelf life that is apparent at the time of order or customary in the trade do not constitute a defect.

9. Liability

We are liable without limitation for intent and gross negligence, and for damage arising from injury to life, body or health. In the event of simple negligence, we are liable only for breach of material contractual obligations, and limited in amount to the typical, foreseeable damage.

Liability under the German Product Liability Act remains unaffected. Any further liability is excluded.

10. Returns

There is no statutory consumer right of withdrawal, as contracts are concluded exclusively with businesses. Returns of goods free of defects are made only with prior written consent and on the terms agreed in each case. Deposit containers are taken back in accordance with our take-back conditions.

11. Privacy

Information on the processing of personal data can be found in our Privacy Policy.

12. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from the business relationship is, to the extent permitted by law, Reutlingen.

If any provision of these T&Cs is invalid, the validity of the remaining provisions remains unaffected.

Please send questions about these T&Cs to [email protected].