Terms and conditions of use

General Terms and Conditions (GTC)

of CESA Sogutma GmbH (iGastroNomic)

⚠️ Exclusively for Commercial Business Transactions (B2B) – No Sales to Consumers!

§ 1 Exclusive Validity, Defense Clause, and Exclusion of Consumers

1.1 These General Terms and Conditions (GTC) of CESA Sogutma GmbH, Karolingerstr. 2, 55299 Nackenheim, Germany (hereinafter "Seller"), apply exclusively to all contracts, deliveries, and other services.

1.2 Defense Clause: Deviating or supplementary purchasing conditions of the customer shall under no circumstances become part of the contract. This applies even if the Seller executes the delivery without reservation.

1.3 Mandatory B2B Sales: Our offer is directed exclusively to entrepreneurs (Sec. 14 of the German Civil Code - BGB), legal entities under public law, and special funds under public law.

1.4 Exclusion of Consumers & Deception: A contract with consumers is strictly excluded. By placing an order, the customer guarantees that they act in their commercial capacity. If the customer deceives about their entrepreneurial status, the assertion of consumer protection rights (especially withdrawal) is excluded due to fraudulent deception.

§ 2 Conclusion of Contract, Tolerances, and Leasing

2.1 Offers in the online shop are non-binding. By placing an order, the customer submits a binding purchase offer.

2.2 The contract is concluded upon written order confirmation, shipping confirmation, or delivery.

2.3 Leasing: If a leasing company is involved, the contract conclusion by the Seller is subject to a binding financing commitment.

2.4 Deviations in dimensions, weight, or color within industry-standard tolerances are considered in conformity with the contract.

§ 3 Prices, Payment Terms, and Credit Check

3.1 Prices are "ex works" (EXW Nackenheim, Incoterms 2020) in Euros, excluding VAT, packaging, and freight.

3.2 The purchase price is due immediately via advance payment. In case of default, interest of 9 percentage points above the base rate applies.

3.3 The customer may not assign their claims (Prohibition of Assignment) without written consent.

3.4 Credit Check: The Seller reserves the right to obtain a credit report. In the event of a negative report, the Seller may cancel the contract.

§ 4 Customer Obligations (Mandatory Certified Specialists)

4.1 The customer must independently ensure that necessary utilities (electricity, gas, water, ventilation) are available.

4.2 Mandatory Certified Specialists: The customer is obliged to have high-voltage (400V), gas, and water appliances installed exclusively by a certified master craftsman / specialist company. This also applies to the initial setup of cooling parameters.

§ 5 Delivery (Curbside), Unloading, and Storage Costs

5.1 The risk of loss passes to the customer upon handover to the carrier (Sec. 447 BGB).

5.2 Curbside Delivery & Unloading: Delivery is strictly "curbside". The customer must provide necessary equipment (e.g., forklift) and personnel for unloading at their own expense.

5.3 Storage Costs: If the customer fails to accept the goods, a storage fee of EUR 15.00 net per calendar day and per Euro pallet will be charged.

§ 6 Entry Certificate (EU Exports)

For tax-free deliveries within the EU, the customer must proactively provide a legally valid Entry Certificate (Gelangensbestätigung) within 5 working days of receipt. Otherwise, the customer is liable for any VAT incurred.

§ 7 Strict Duty of Inspection & Mandatory RMA Process

7.1 The customer must inspect the goods immediately upon handover by the carrier.

7.2 Transport damage must be mandatorily noted on the carrier's scanner/waybill and signed. Without this, transport damage claims are excluded.

7.3 Obvious defects must be reported within 3 working days.

7.4 RMA Process: Defects must be reported using the official RMA form. Complaints via WhatsApp or phone are legally invalid.

§ 8 No Right of Withdrawal and Goodwill Returns (25% Fee)

8.1 A statutory right of withdrawal is completely excluded in B2B commerce.

8.2 For voluntary goodwill returns (unused, original packaging, on pallet), a restocking and processing fee of 25% of the net value applies.

§ 9 Warranty, SPARE PARTS ONLY, and Inspection Fee

9.1 The warranty period is 12 months.

9.2 Spare Parts Only Warranty: The Seller fulfills warranty claims exclusively by sending the required spare part free of charge. The customer bears all costs for removal, installation, and on-site technician wages.

9.3 Voiding of Warranty: Warranty claims expire immediately if the customer cannot provide an installation protocol and invoice from a certified specialist for gas/electric/water setups.

9.4 Inspection Fee: Unjustified warranty claims (e.g., operating errors) will incur an inspection fee of EUR 150.00 net plus transport costs.

§ 10 Smart Devices and IT Networks

The customer is solely responsible for providing a stable WiFi/network infrastructure for smart devices (e.g., service robots). Connection drops due to customer routers are not a defect.

§ 11 Confidentiality and Reverse Engineering Ban

Dismantling or testing devices/software for the purpose of recreating them (Reverse Engineering) is strictly prohibited and will result in a contractual penalty.

§ 12 Limitation of Liability and Exclusion for Food Loss

Liability for indirect damages, particularly for spoiled food or medication resulting from the failure of refrigeration equipment, is completely excluded. Customers must use independent alarm systems.

§ 13 to § 15 Final Provisions

The Seller retains title to the goods until full payment (Retention of Title). Place of performance and Exclusive Jurisdiction is Mainz, Germany. German law applies exclusively.