General Terms and Conditions (GTC) of Kastanienrösterei – Owner: Dr. Yusuf Aslan Erkol

§1 Scope of Application

These General Terms and Conditions (GTC) apply to all contracts concluded between Yusuf Aslan Erkol, sole proprietor, operating under the name “Kastanienrösterei” (hereinafter referred to as “the Entrepreneur”), and the customer.

Customers within the meaning of these GTC are both consumers (§13 German Civil Code, BGB) and business clients (§14 BGB).
The Entrepreneur provides catering and event services as well as the rental of equipment and machines.

These GTC apply exclusively; any terms and conditions of the customer that differ or conflict with these shall not be recognized unless the Entrepreneur has expressly agreed to their validity in writing.

§2 Conclusion of Contract

1. A contract is concluded when the customer accepts an offer made by the Entrepreneur and the Entrepreneur confirms acceptance of the order in writing.

2. All offers made by the Entrepreneur are non-binding and subject to change unless explicitly designated as binding.

§3 Services Provided by the Entrepreneur

1. The Entrepreneur provides catering and event services tailored to the customer’s individual requirements.

2. When renting out equipment or machines, the Entrepreneur undertakes to provide the agreed items in proper working condition.

3. The customer must handle the equipment with due care and use it only for its intended purpose. Any transfer to third parties requires the express consent of the Entrepreneur.

4. The customer shall be liable for any damage caused by improper use or loss of the rented equipment unless they can prove they are not at fault.

5. The scope of services results from the written agreement between the Entrepreneur and the customer.

6. Any changes or additions to the agreed services must be confirmed in writing by the Entrepreneur.

7. The customer must ensure that all necessary prerequisites for the provision of services (e.g., electricity connections, access routes, official permits) are available in good time.
   For rental agreements, the customer is obliged to return all equipment clean and in perfect condition.

§4 Prices and Payment Terms

1. Prices are individually agreed and, unless stated otherwise, quoted in euros including statutory VAT.

2. The customer must pay the agreed fee within 14 days of invoicing without deduction, unless otherwise agreed in writing.

3. In the event of late payment, the Entrepreneur is entitled to charge default interest of 5% above the base rate. For business clients, the rate is 9 percentage points above the base rate (§288(2) BGB).

4. For rentals, the Entrepreneur may require a reasonable security deposit, which will be refunded after proper return of the equipment.

5. The deposit serves as security for claims arising from damage, loss, or delayed return. It will be refunded immediately after proper return of the items.

6. The goods remain the property of the Entrepreneur until full payment has been received.

§5 Handover and Return of Rental Equipment

1. Unless otherwise agreed, the customer shall collect the rented equipment at the agreed time. The risk passes to the customer upon handover, except for damages or defects already existing at the time of handover.

2. The return must take place at the agreed time. In case of late return, the Entrepreneur may charge an additional usage fee.

3. Any obvious defects must be reported to the Entrepreneur immediately upon handover; later complaints are excluded if the defect was recognizable at the time of handover.

4. The risk of accidental loss or deterioration passes to the customer upon handover.
   This means: from that moment on, the customer bears the risk if the items are damaged or lost without fault (e.g., due to theft, weather, or technical failure). The customer may take out insurance against such risks.

§6 Cancellation and Withdrawal

1. The Entrepreneur grants the customer a special right of cancellation before the event or rental period begins. This must be declared in writing (email is sufficient).
   Depending on the time of cancellation, the Entrepreneur may charge the following cancellation fees as compensation for lost revenue:

   i. Up to 90 days before the event: 20% of the agreed total amount
   ii. 89 to 60 days before the event: 30%
   iii. 59 to 30 days before the event: 40%
   iv. 29 to 14 days before the event: 60%
   v. 13 to 3 days before the event: 80%
   vi. Less than 3 days before the event: 100%

   The customer retains the right to prove that no damage or significantly less damage was incurred.

2. If the Entrepreneur is unable to fulfill the agreed services or rental obligations due to circumstances beyond their control (e.g., force majeure, official orders, pandemics, natural disasters, strikes), they are released from their obligations for the duration of the hindrance.
   If performance becomes permanently impossible, the Entrepreneur may withdraw from the contract. Payments already made will be refunded; further claims are excluded.

§7 Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal for contracts concluded outside of business premises or via distance selling.
The Entrepreneur provides separate information on this in the Withdrawal Policy.
The right of withdrawal may be excluded pursuant to §312g(2) BGB if the contract concerns the provision of services and the Entrepreneur has fully performed the service after the consumer has expressly agreed to the commencement of performance before the expiry of the withdrawal period and confirmed awareness of the loss of the right of withdrawal.

§8 Liability

1. The Entrepreneur is liable only for damages caused by gross negligence or intent by the Entrepreneur, their legal representatives, or agents.

2. Liability for simple negligence is excluded, except in cases involving the breach of essential contractual obligations (“cardinal duties”). In such cases, liability is limited to foreseeable, typical damages.

3. Liability for injury to life, body, or health remains unaffected.

4. Liability under the German Product Liability Act remains unaffected.

5. For business customers, the limitation period for defect claims is one year from delivery or handover of goods or equipment.

§9 Data Protection

The Entrepreneur collects, stores, and processes personal data solely for the purpose of fulfilling the contractual agreement.
Data will only be shared with third parties where necessary for contract performance.
The customer has the right to request information about stored data at any time and to request correction, blocking, or deletion where legally permitted.
Further details can be found in the Privacy Policy available at www.kastanienroesterei.de/kontakt.

§10 Final Provisions

1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely reflects its economic intent.

3. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Berlin. For consumers, the statutory place of jurisdiction applies.

4. The contract language is German. Contract documents are stored and provided in German.

Contact Details

Kastanienrösterei
Owner: Dr. Yusuf Aslan Erkol
Reinickendorfer Str. 64
13347 Berlin
Phone: 0178 / 8101012
Website: www.kastanienroesterei.de
Email: info@kastanienroesterei.de