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Catering T&C

1. conclusion of contract
All offers from Pia Y Pablo Catering are binding until the specified validity date. By placing an order, the customer agrees to the offer, which Pia Y Pablo Catering accepts by providing the service. By placing an order, the customer confirms that he has read the General Terms and Conditions and agrees to them.

2. scope of application
The offers, deliveries and services of Pia Y Pablo Catering are provided exclusively on the basis of these General Terms and Conditions. The terms and conditions are an integral part of all contracts that we conclude with our customers. Deviating terms and conditions of our customers shall not become part of the contract unless we agree to them in writing in individual cases.

3. data protection/data storage
For the handling of customer data, in particular the collection, use and processing, the special data protection information in accordance with Articles 13, 14 and 21 GDPR can be viewed on our website. The personal data of our customers required for order processing is stored. The customer hereby declares his express consent. All personal data will of course be treated confidentially.

4. prices
For commercial customers or entrepreneurs, all prices for food are subject to an additional 7% VAT, for drinks and service (e.g. equipment, delivery, staff, etc.) an additional 19% VAT. Agreed gross prices to non-commercial natural persons include the statutory value added tax. We reserve the right to make changes to prices and services, as well as errors. The VAT rate valid on the date of invoicing shall apply.

5. order & scope of services
The product selection, product quantity and other agreed services notified by the customer are hereby finally agreed and thus contractually binding. This agreement determines our scope of services and thus the price. A subsequent change changes our scope of services and the price. Such a change is only possible if we agree to it in writing or if we actually provide additional services requested by the customer. If you require service personnel, additional equipment from third parties or extensive and particularly elaborate orders with special requests, please let us know as early as possible.

6. delivery
It shall be sent to the delivery address specified by the customer on the agreed delivery date. Delivery times are agreed individually and can be realized Monday to Sunday. Delivery is made to the best of our knowledge and belief and in compliance with the relevant statutory regulations. If we are unable to do this in individual cases for traffic or weather-related reasons, the customer shall grant us a tolerance of 60 minutes. The customer must inform Pia Y Pablo Catering of any special features relating to the delivery location (e.g. building sites, markets, long distances, stairs over 3 floors, non-functioning elevators) when placing the order so that Pia Y Pablo Catering can make the necessary arrangements in terms of time and organization.

7 Transfer of risk and warranty

7.1 Insofar as acceptance is a prerequisite for the delivery of food manufactured by us, the time of acceptance shall be decisive for the transfer of risk to the contractual partner. If the contractual partner does not accept the work within a reasonable period specified by us, although he is obliged to do so, this shall be deemed equivalent to acceptance.

7.2 The statutory provisions shall apply to the rights of the contractual partner in the event of material defects and defects of title, unless otherwise stipulated in the terms and conditions. If the purchaser is a consumer, Pia Y Pablo Catering shall only be liable for negligently caused material damage and financial loss in the event of a breach of a material contractual obligation, but limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for the contract. This also applies to negligent breaches of duty by employees, workers, representatives or vicarious agents of Pia Y Pablo Catering.

7.3 If the contractual partner is not a consumer, his claims for defects presuppose that he fulfills his obligations to inspect and give notice of defects (§§ 377, 381 para. 2 HGB). The contractual partner is obliged to inspect the delivered goods immediately after delivery and to notify us immediately in writing of any defects. Defects that are reported late will not be considered by us and are excluded from liability.

8. payment

8.1 When the order is placed, but no later than 30 working days before the start of the event, we may invoice one third of the calculated costs as an advance payment. The remaining amount will be invoiced after the event, taking into account any consumables to be charged.

8.2 The final invoice address and additional invoice-related information such as order numbers, PO numbers, etc. must be provided when the order is placed. Subsequent processing of the issued and sent invoice will result in an additional processing fee of €25 (net).

8.3 The term of payment is 7 days after invoicing

8.4 Payment of the invoice must be made by bank transfer. See invoice for bank details.

8.5 In exceptional cases, payment by credit or debit card is possible, but only if this has been agreed in advance with Pia Y Pablo Catering. This type of payment is only possible on site at the event or in person at the office.

9 Cancellation, non-collection & undeliverability

9.1 Withdrawal / termination of the contract is only possible for good cause.

9.2 If a contract is terminated or otherwise canceled by the client without good cause or by one of the contracting parties for reasons for which the client is responsible, we will charge the following cancellation costs to cover our expenses/costs:
Order amount up to 2500 € (net)
30 days before the start of the event 65% of the contract amount
15 days before the start of the event 85% of the contract amount
10 days before the start of the event 95% of the contract amount
Order amount from 2500€ (net)
90 days before the start of the event 65% of the contract amount
30 days before the start of the event 85 % of the contract amount
15 days before the start of the event 95 % of the contract amount
All orders that are canceled on the same day will be charged at 100% of the costs.
Insofar as Pia Y Pablo Catering procures technical or other equipment from third parties for the customer or rents premises, Pia Y Pablo Catering acts on behalf of and for the account of the customer. In this case, the landlord’s cancellation conditions apply and Pia Y Pablo Catering can charge the customer the full amount of any cancellation costs incurred as a result.

9.3 The above-mentioned cancellation costs shall also apply if the number of participants is reduced in proportion to the number of participants initially registered.

9.4 The right of the client to provide evidence of lower damages remains unaffected.

9.5 If a confirmed event / booked catering is postponed, we reserve the right to charge a rebooking fee of up to 10% of the order amount. This serves to compensate for the additional expenses incurred as well as a possible loss of sales if the date kept free cannot be allocated elsewhere.

10. breakage & loss
With the exception of food and drinks, other equipment (e.g. crockery, glasses, cutlery, furniture) is only provided on a temporary basis. Unless caused by our employees or vicarious agents, the customer shall bear the risk of shrinkage, breakage and damage from the time of handover. Pia Y Pablo Catering shall be reimbursed for breakage and shrinkage at replacement value.

11. right of exchange
Pia Y Pablo Catering is entitled within the framework of the statutory provisions to exchange the products listed in the offer for equivalent products, provided that the original ingredients are not available, the goods are at least equivalent, correspond to the contractually agreed service in their quality level and condition and the exchange is reasonable.

Final provisions

12 Choice of law and place of jurisdiction

12.1 The contractual relationship is subject to the law of the Federal Republic of Germany.

13.2. If the contractual partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship and its creation and validity.

13. severability clause
If individual provisions are invalid, this shall not invalidate the contract as a whole.