David Pizza

T&Cs

  1. AGB (General Terms and Conditions) – Here you will find the contractual terms between Pizza David Wirkerstr. 19 74405 Gaildorf (hereinafter referred to as the "Provider") and the contractual partners named in section 2 of the contract (hereinafter referred to as "Customers").
  2. Scope – Within the business relationship between the Provider and the Customer, only the following General Terms and Conditions (hereinafter "T&Cs") in the version valid at the time the contract is concluded shall apply. Deviating agreements from these T&Cs shall only become part of the contract if they are based on a written declaration by the Provider. Under the statutory provisions of § 13 BGB, the Customer is a consumer insofar as they act as a natural person and the present legal transaction cannot predominantly be attributed to their commercial or independent professional activity. Conversely, under § 14 BGB they are deemed an entrepreneur if, when concluding the legal transaction, they act in the exercise of their commercial or independent professional activity. The Provider sells food, drinks, and non-food items (hereinafter "Goods") that it produces itself.
  3. Conclusion of contract – Customer orders may be placed during business hours in person, by telephone, or online via the website www.davidpizza.de on the basis of the following provisions. The Provider's presentations on its website, menus, and on-site displays, or in printed versions of the menu for home use, do not constitute a binding offer within the meaning of § 145 BGB, but rather an invitation to treat. The Customer submits a binding offer to conclude a contract with their order. When ordering via the Provider's website, the Customer may select items from the Provider's product range and add them to the digital shopping cart. The contents of the shopping cart may be changed at will before the order is submitted, so that input errors can be corrected. By clicking the "Order with obligation to pay" button, the Customer submits a binding offer to purchase or have the products in the shopping cart produced. This offer includes these T&Cs. The Provider then sends the Customer an automatic e-mail with an overview of the order (hereinafter "order receipt confirmation"). This does not yet constitute acceptance of the offer, but merely confirmation of receipt. The contract is only formed through a separate acceptance declaration by e-mail (hereinafter "order confirmation"). The T&Cs and the Customer's order are attached to the order confirmation so that the contract text is accessible to the Customer. These documents are stored within the framework of the contract while respecting data protection. Further information on data protection can be found in the privacy policy. Conclusion of the contract outside the electronic ordering system, e.g. at the pizzeria on site or by other means, is subject to the general statutory provisions. With regard to the presentation of the Provider's goods, reference is made to section 2 (2) of these T&Cs. The contract language is German.
  4. Delivery – The delivery times stated by the restaurant begin upon receipt of the order confirmation by the Customer. If no delivery time is stated, it is approximately 50 minutes. If a product is unavailable at the time of ordering, the Customer will be informed of this in the order confirmation. In that case the Customer's offer is deemed rejected and no contract is formed. If the contract has already been concluded, the Provider is entitled to withdraw from the contract and to refund any payments made by the Customer without undue delay. Customer orders are processed in the order in which they are received, unless compelling operational reasons require a different order. The following delivery restrictions apply: The Provider delivers only to Customers whose address is within the delivery area of the online shop. Delivery of spirits, tobacco products, or other age-restricted items is only made upon presentation of a valid ID card.
  5. Retention of title – The goods delivered by the Provider remain the property of the Provider until full payment has been made.
  6. Prices – All prices stated in the Provider's presentations include the applicable statutory value added tax. Shipping costs to be borne by the Customer are shown in the order form. Delivery is made to the Customer's billing address by a delivery service or an employee of the Provider. The seller bears the shipping risk. The Customer's right of withdrawal and thus reimbursement of delivery costs exists only to the extent set out in section 10 of these T&Cs.
  7. Disclaimer – The Customer's claims for damages are excluded, subject to the following provisions. Excluded from this disclaimer are the Customer's claims for injury to life, body, or health, as well as claims for damages arising from breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and whose observance the Customer may regularly rely on (so-called cardinal obligations). In the event of breach of such obligations, the Provider is liable only for the contract-typical, foreseeable damage, unless the damage arises from injury to life or health. The disclaimer pursuant to § 7 para. 1 of these T&Cs does not apply in cases of intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. The limitations of liability in §§ 7 paras. 1–3 also apply in favour of the Provider's legal representatives and vicarious agents. The provisions of the Product Liability Act remain unaffected.
  8. Links to third-party content – Although the Provider selects external links carefully, it does not adopt their content as its own and assumes no liability for them. The respective third-party providers are solely responsible for the content.
  9. Warranty – The Provider's liability for material defects is governed by the statutory provisions, in particular §§ 434 ff., 651 BGB. Claims for damages may only be asserted under the conditions set out in § 7 of these T&Cs. A guarantee by the Provider becomes part of the contract only if it is expressly stated in the order confirmation.
  10. General delivery terms for app and online orders – The following delivery terms apply to all orders. They apply to every form of order and at the latest upon acceptance of the goods. Deviating contractual conditions of the Customer do not apply even if they have not been expressly objected to. Your order is subject to the T&Cs in the version valid at the time of ordering.
  11. Ordering – By clicking the order button at the end of the ordering process, you submit a binding offer to purchase the goods contained in the shopping cart and confirm in advance that you agree to the validity of these T&Cs. Acceptance of this contractual offer is effected by delivery of the goods. Please ensure that the details you provide are correct. Incomplete or incorrect information may cause problems or delays in delivery. Please therefore provide the correct address (including postcode), e-mail address, and telephone number when ordering. We are not liable for non-delivery or delayed delivery due to incorrect information – in such cases the full price of the ordered goods may be charged. In the event of typographical, printing, or calculation errors in the app, on the website, or in flyers, we are entitled to charge the correct price. In that case the Customer has an unrestricted right to withdraw. Images shown in the app, on the website, or in flyers are symbolic – the delivered product may differ in design, shape, and colour.
  12. Delivery – We deliver while stocks last. Delivery is made as quickly as possible, usually within 45 minutes. All information on delivery duration and/or delivery time, including any forecasts, is non-binding. This also applies to delivery appointments requested by the Customer, whose binding nature must be confirmed in writing if applicable. The prices stated in the app, on the website, or in flyers are gross prices. Delivery is made exclusively within our delivery areas stored in the app and on the website. We offer various payment methods. These options may expand or change over time. The payment methods available at the time of ordering are displayed during the ordering process. When paying by credit or debit card, your card is authorised as soon as the order has been confirmed and the amount has been reserved for payment. Payment is made to Karvi Solutions (Wiesbaden) – our technical service provider and representative – and is subsequently forwarded by Karvi Solutions to us. If the Customer cannot be reached at the agreed or expected delivery time, we reserve the right to charge a service fee. This right also exists if delivery fails for reasons attributable to the Customer (example: defective doorbell). The amount of the service fee corresponds to the gross order value.
  13. Alcohol and cigarettes – Alcoholic beverages (except beer) and cigarettes may only be delivered to persons who are at least 18 years old. Beer, however, may also be ordered online by persons aged 16 and over. Alcohol is sold only upon delivery or collection against presentation of a valid ID.
  14. Liability for defects – We do not provide any quality guarantee or other guarantees. The Customer must inspect the goods upon delivery for external damage and obvious defects and, if necessary, complain immediately. If damage and/or loss occurs during transport, the driver will inform the Customer directly and without delay and notify us at the same time. If the delivered goods are defective, the Customer may demand rectification by replacement delivery. If rectification fails, the Customer may withdraw from the purchase contract, reduce the purchase price, or claim damages, provided the defect is not insignificant. Further claims of the Customer – regardless of legal basis – are excluded unless otherwise provided below. We are not liable for damage that did not occur to the delivered item itself; in particular, liability for lost profit or other financial loss of the Customer is excluded. We are liable in cases of intent and gross negligence, as well as in cases of negligent breach of obligations whose fulfilment enables proper performance of the contract in the first place, whose breach endangers the purpose of the contract, and whose observance the Customer regularly relies on. The above exclusions of liability do not apply in cases of injury to life, body, and health. Liability under the Product Liability Act remains unaffected.

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