Language version notice: This English version is a non-binding translation provided for convenience. In case of discrepancies between the English and the German version, the German original at unmatchedcatering.com/agb shall prevail.
1. Scope of Application
1.1 These General Terms and Conditions apply to all present and future contracts between the sole proprietorship UNMATCHED Catering (proprietor: Franziska Brösicke, Industriestraße 29, 41564 Kaarst; tax number: 122/5077/2309; VAT ID: DE456681655; hereinafter "UNMATCHED Catering") and its customers regarding catering, delivery, rental, staffing, and other services.
1.2 Customers may be either consumers (Section 13 of the German Civil Code, BGB) or entrepreneurs (Section 14 BGB).
1.3 Conflicting terms and conditions of the customer, or terms and conditions deviating from these General Terms and Conditions, shall not be recognized unless expressly agreed in writing.
2. Conclusion of Contract
2.1 Offers made by UNMATCHED Catering are non-binding unless expressly designated as binding.
2.2 A contract shall only come into existence upon written order confirmation, mutual signature, or commencement of performance.
2.3 Side agreements, amendments, and supplements require text form, unless mandatory statutory law permits otherwise.
2.4 All essential service features (number of guests, time, location, menu, rental equipment, staffing) shall be recorded in the order confirmation.
3. Services and Customer Cooperation Duties
3.1 The scope of services results from the offer and the order confirmation.
3.2 Food and beverages are prepared in compliance with the applicable food law regulations and HACCP principles.
3.3 The customer shall provide all information required for the performance of services in a timely manner, in particular:
- access routes, driveways, parking and unloading facilities,
- electrical connections and water/wastewater connections,
- expected number of guests,
- notice of allergies, intolerances, or specific dietary requirements.
3.4 Additional costs or delays resulting from incorrect or delayed cooperation by the customer shall be borne by the customer.
4. Prices and Payment
4.1 Unless stated otherwise, all prices are net prices plus statutory value-added tax.
4.2 A down payment of up to 80% of the anticipated gross amount may be agreed upon at the conclusion of the contract.
4.3 Unless otherwise agreed, the remaining payment is due without deduction no later than 5 business days after the end of the event.
4.4 In the event of late payment, statutory default interest shall apply.
4.5 Partial or instalment payments for services already rendered or prepared may be invoiced to entrepreneurs.
5. Number of Guests and Adjustments
5.1 The number of guests stated by the customer constitutes a binding basis of the contract.
5.2 Changes to the number of guests must be communicated in text form without undue delay.
5.3 In the case of a timely reduction in the number of guests, the invoice may be adjusted insofar as the planned services can be used elsewhere.
5.4 A subsequent increase in the number of guests requires the consent of UNMATCHED Catering and may result in additional costs.
6. Withdrawal and Cancellation by the Customer
6.1 The customer may withdraw from the contract at any time prior to the commencement of performance; the withdrawal must be made in text form.
6.2 UNMATCHED Catering shall be entitled to claim reasonable compensation for damages.
6.3 Without proof of a lower loss, the compensation may be assessed as a flat rate as follows (based on the agreed net contract value):
- up to 30 days before the event date: 20%
- 29 to 14 days before the event date: 50%
- 13 to 7 days before the event date: 80%
- from 6 days before the event date: 100%
6.4 The customer reserves the right to demonstrate that no loss or a significantly lower loss has been incurred.
6.5 Third-party services already commissioned that can no longer be cancelled, specially ordered goods, and planning and preparation services already rendered shall be invoiced additionally to the extent they have actually been incurred.
6.6 The statutory rights of withdrawal and cancellation of consumers remain unaffected.
7. Withdrawal by UNMATCHED Catering
7.1 UNMATCHED Catering shall be entitled to withdraw from the contract if
- an agreed down payment is not made despite reminder and reasonable grace period,
- performance becomes impossible or unreasonable due to force majeure, official prohibition, serious illness of essential service providers, or other circumstances beyond the control of UNMATCHED Catering,
- good cause exists that makes continuation of the contract unreasonable (e.g., serious breach of contract by the customer).
7.2 In the event of withdrawal, expenses already incurred or commissioned shall be invoiced to the extent permitted by law.
8. Delivery, Deadlines, and Acceptance
8.1 Delivery and performance deadlines are binding only if expressly confirmed as such.
8.2 Partial deliveries and partial performance are permitted insofar as they are reasonable for the customer.
8.3 Services shall be deemed accepted if the customer receives them upon delivery or performance and does not promptly raise any obvious defects.
8.4 Delays caused by force majeure or other unforeseeable events entitle UNMATCHED Catering to a reasonable extension of deadlines.
9. Defects and Warranty
9.1 Obvious defects must be reported without undue delay upon handover or delivery.
9.2 In the case of legitimate defects, UNMATCHED Catering shall first be entitled to subsequent performance, in particular by way of rectification or replacement.
9.3 If subsequent performance fails, the customer may assert the statutory warranty rights.
9.4 Statutory warranty rights of consumers remain unaffected.
10. Liability
10.1 UNMATCHED Catering shall be liable for damages arising from injury to life, body, or health in accordance with statutory provisions. For other damages, UNMATCHED Catering shall be liable only in the event of intent or gross negligence. Liability for slight negligence is limited to the typical and foreseeable damage under the contract.
10.2 Before concluding a contract, the customer is obliged to inform UNMATCHED Catering in text form of any known allergies, intolerances, or specific dietary requirements. If this is not done, UNMATCHED Catering shall be liable only within the scope of statutory provisions.
11. Rental Equipment
11.1 Equipment provided or arranged by UNMATCHED Catering remains the property of UNMATCHED Catering or the respective lessor.
11.2 The customer shall treat the equipment with care, protect it against theft, loss, and damage, and use it properly.
11.3 Damage or loss caused by the customer, their vicarious agents, or guests shall be replaced insofar as fault is present or statutory liability exists.
11.4 Normal wear and tear shall not be charged.
12. Data Protection
12.1 Personal data shall only be processed insofar as this is necessary for the performance of the contract or a statutory basis applies.
12.2 Further information is provided in the privacy policy of UNMATCHED Catering, which is accessible during business operations or on its online presence.
13. Final Provisions
13.1 German law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
13.2 For entrepreneurs, the place of performance and jurisdiction shall be the registered office of UNMATCHED Catering, insofar as permitted by law. For consumers, the statutory places of jurisdiction shall apply.
13.3 Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
13.4 Amendments and supplements require text form, unless mandatory statutory law provides otherwise.