Terms General terms and conditions
The terms for offers, deliveries and services of Gastro Arena.de GmbH. Convenience translation – only the German version is legally binding.
Scope and conclusion of contract
In short: These terms apply to transactions with businesses. Offers are non-binding; the contract is concluded with our order confirmation. List prices in the catalogue are non-binding.
§ 1 Scope
These general terms and conditions apply to all offers, deliveries and services of Gastro Arena.de GmbH, Bergiusstraße 58/60, 12057 Berlin (hereinafter “we”), to businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law (hereinafter “customer”). We do not offer our services to consumers.
They also apply to all future transactions with the customer without us having to refer to them again. We do not accept deviating terms of the customer unless we have expressly agreed to their validity in writing.
Side agreements, assurances and amendments must be made in text form (email is sufficient).
§ 2 Offer and conclusion of contract
Our offers are non-binding unless expressly designated as binding. Information in catalogues, data sheets, drawings and on our website – in particular images, dimensions, weights, performance data and surfaces – is only binding if we expressly confirm it in writing. We reserve the right to technical changes and customary deviations.
A contract is concluded with our written order confirmation or when work begins. If the order confirmation differs from the order, its content is decisive unless the customer objects without delay.
List prices in the “Gastro Arena Choice” catalogue are non-binding net prices excluding delivery and installation; only our quote is binding.
Prices, payment and delivery
§ 3 Prices and payment
Our prices are net plus statutory VAT, ex our business premises in Berlin. Delivery, installation, assembly and connection are charged separately unless otherwise agreed.
A deposit of 60% of the order value is due when the order is placed. The balance is due at the latest on delivery or collection, and for installation orders at the latest on handover. Invoices are payable immediately without deduction; no early payment discount is granted.
The delivery time only begins once the deposit has been received. Until full payment has been received, we are entitled to withhold delivery.
In the event of late payment, the customer owes default interest of nine percentage points above the base rate (§ 288 (2) BGB) and the lump sum pursuant to § 288 (5) BGB; we reserve the right to claim further damages.
The customer may only offset claims or exercise a right of retention with undisputed or legally established claims.
If, after conclusion of the contract, we become aware of circumstances that call the customer's solvency into question, we may carry out outstanding deliveries only against advance payment or security and may withdraw from the contract after an unsuccessful deadline.
§ 4 Delivery, transfer of risk, installation
Delivery periods and dates are only binding if we have expressly confirmed them in writing. They begin once the deposit and all documents, approvals and dimensions to be provided by the customer have been received.
Risk passes to the customer on handover to the customer, or in the case of shipment on handover to the carrier, even if we bear the transport costs. In the case of delivery with installation or assembly by us, risk passes on handover at the installation site.
Events of force majeure and delivery delays by our suppliers for which we are not responsible extend the delivery time appropriately. If the hindrance lasts longer than three months, either party may withdraw from the part of the contract not yet fulfilled.
For installation, the customer must ensure at their own expense that the installation site is freely accessible and structurally prepared and that the necessary connections (power, gas, water, drainage, exhaust air) are in place in accordance with the applicable regulations. Waiting times and additional work for which the customer is responsible will be charged at cost. Compliance with official requirements at the installation site is the customer's responsibility.
Partial deliveries are permitted insofar as they are reasonable for the customer.
Custom-made items, cancellation and retention of title
§ 5 Custom-made items, special orders and cancellation
Custom stainless steel furniture and components, adaptations and appliances that we order specifically for the customer from the manufacturer (special orders) are made or procured according to the dimensions and specifications approved by the customer. The customer is responsible for the accuracy of these specifications.
Cancellation of such orders is excluded as soon as we have started production, ordered the goods from the manufacturer or completed the work.
If, in other cases, the customer withdraws from the contract without a reason for which we are responsible, or refuses acceptance, we are entitled to demand 20% of the agreed sales price as lump-sum damages plus the full delivery and installation costs already incurred, or to retain these from payments made. The customer may prove that we have suffered no damage or significantly less damage; we reserve the right to claim higher damages.
§ 6 Retention of title
The goods delivered remain our property until all claims arising from the business relationship have been paid in full (§ 449 BGB).
The customer must handle goods subject to retention of title with care and may neither pledge them nor transfer them by way of security. Third-party access, in particular seizures, must be reported to us immediately.
If goods subject to retention of title are combined or mixed with other items, we acquire co-ownership in proportion to the invoice value of our goods to the value of the other items. Resale is only permitted in the ordinary course of business; the customer hereby assigns to us by way of security the claims arising from it.
In the event of late payment or other conduct by the customer in breach of contract, we are entitled, after setting a reasonable deadline, to withdraw from the contract and demand the return of the goods subject to retention of title.
Warranty, liability and final provisions
§ 7 Notice of defects and warranty
The customer must inspect the goods immediately upon receipt and report visible defects and transport damage immediately, at the latest within seven days, in text form; hidden defects immediately after discovery (§ 377 HGB). If notice is not given in time, the goods are deemed approved.
In the case of justified defects, we provide subsequent performance at our discretion by remedying the defect or delivering a defect-free item. If subsequent performance fails twice, the customer may reduce the price or – in the case of significant defects – withdraw from the contract.
The warranty period is twelve months from delivery or acceptance. For used equipment, warranty is excluded as far as legally permissible. Manufacturer's guarantees remain unaffected.
There is no warranty for wearing parts, for damage caused by improper operation, lack of care, faulty connections or third-party interference, or for custom-made items if the defect is due to the customer's dimensions or specifications.
§ 8 Liability
We are liable without limitation for damage resulting from injury to life, body or health, in the event of intent and gross negligence, fraudulent concealment of a defect, under a guarantee given, and under the Product Liability Act.
In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), our liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded. This also applies to our legal representatives and vicarious agents.
§ 9 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of performance for delivery and payment is Berlin. The exclusive place of jurisdiction for all disputes arising from the business relationship is Berlin, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.
Date: 15 October 2026.