Terms of service

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of contract

The purchase contract is concluded with PRC Culinary GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language (s) available for the conclusion of the contract: German, English

We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible on the Internet.

4. Terms of delivery

In addition to the specified product prices, shipping costs are added. You can find out more about the shipping costs from the offers.

You basically have the option of picking up at

PRC Culinary GmbH
Muhlenstrasse 78-80, Berlin
Business hours: Mon.-Fri. 10: 00-16: 00

We do not deliver to packing stations.

5. Payment

The following payment methods are generally available in our shop:

Credit card
When placing the order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction is carried out automatically immediately after the contract is concluded and your card is debited.

Giropay
After placing the order, you will be redirected to your bank's website. In order to be able to pay the invoice amount via Giropay, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction is carried out immediately afterwards and your account is debited.

Apple Pay
In order to be able to pay the invoice amount via Apple Pay, you must use the "Safari" browser, with which service providers Apple are registered, have activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.

Google Pay
In order to be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.

6. Right of withdrawal

Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of title

The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice - regardless of a connection or mixing of the reserved goods with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. The obligation to inspect and give notice of defects, which is regulated in § 377 HGB, applies to merchants. If you omit the notification regulated there, the goods will be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.

9. Warranties and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, the defect claims are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Towards entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, count as an agreement on the quality of the goods; We accept no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide the entrepreneur with a choice of remedying the defect (rectification) or delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty and malice
• in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• as far as the scope of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty
• in the case of a promise to guarantee, if agreed, or
• as far as the scope of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability shall be that which was foreseeable at the time the contract was concluded Limited damage, the occurrence of which can typically be expected.
In addition, claims for damages are excluded.

11. Dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, then German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.