Terms & Conditions

§1 Scope 

1.1 Celbretti UG, Rheinsberger Str 76/77, 10115 Berlin registered in the commercial register of the Berlin-Charlottenburg district court under HRB 226788 B (hereinafter "CELBRETTI") operates the online platform www.celbretti.com (hereinafter "PLATFORM"), which is intended for consumers i.S. of § 13 BGB as well as entrepreneurs i.S. of § 14 BGB (hereinafter "CUSTOMER") offers the possibility to book event services including food and beverages (hereinafter "EVENT SERVICES") with CELBRETTI as the contractor of the CUSTOMER.

1.2 These Terms and Conditions apply to all contracts between CELBRETTI and its CUSTOMERS for the CATERING SERVICES offered by CELBRETTI.

 

§2 Creation of a Contract

2.1 All offers from CELBRETTI are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period. This applies in particular to all information on the PLATFORM as well as in offers sent by e-mail, fax or post, in newsletters, advertisements and information given by telephone.

2.2 How orders can be arranged:

Via the Instant Quote form on the PLATFORM:

2.2.1 CUSTOMERS have the option of placing an order by requesting an Instant Quote. The Instant Quote is sent to the CUSTOMER via email. By accepting the Instant Quote via email, the CUSTOMER places a binding order. 

2.2.2 CELBRETTI confirms receipt of the CUSTOMER’S confirmation by email. 

Via telephone: 

2.2.3 The CUSTOMER has the option of placing his order by telephone call. Following the call, CELBRETTI will send an offer to the CUSTOMER.  By accepting the order via email, the CUSTOMER places a binding order. 

2.2.4 CELBRETTI confirms receipt of the CUSTOMER’S confirmation by email. 

Via Email: 

2.2.5 The CUSTOMER has the option of placing his order by email. Following the email, CELBRETTI will send an offer to the CUSTOMER.  By accepting the order via email, the CUSTOMER places a binding order. 

2.2.6 CELBRETTI confirms receipt of the CUSTOMER’S confirmation by email. 

 

§ 3 Services 

Event Services 

3.1 The services ordered by the CUSTOMER are delivered by CELBRETTI as they are specified in the order confirmation. 

Delivery

3.2 If and to the extent agreed with the CUSTOMER, CELBRETTI will deliver the ordered services and products to the location aligned with the CUSTOMER when ordering. After the order has been placed, the place of delivery can only be changed in writing with the express consent of CELBRETTI. 

3.3 Deadlines and dates promised by CELBRETTI for the performance of the EVENT SERVICES are always only approximate unless a fixed deadline or a fixed date has been expressly promised or agreed.

3.4 CELBRETTI can demand from the CUSTOMER an extension of delivery and service deadlines or a postponement of delivery and service dates by the period in which the CUSTOMER does not meet his obligations to cooperate with CELBRETTI.

3.5 If the CUSTOMER requests changes to the scope of services after the conclusion of the contract and these are approved by CELBRETTI, all deadlines and dates promised by CELBRETTI when the order was placed lose their validity and require separate written confirmation by CELBRETTI. This also applies to cases in which delays occur in the cooperation services to be provided by the CUSTOMER for which CELBRETTI is not responsible.

Event Materials and Equipment

3.6 All EQUIPMENT provided to the CUSTOMER  for the delivery of the EVENT SERVICES is and remains the sole property of CELBRETTI  or the commissioned CATERER. The items are only provided on loan or rented according to a separate agreement.

3.7 The CUSTOMER undertakes to use the EQUIPMENT provided for the EVENT SERVICES only as intended and to comply with all recommended protective measures and safety precautions. The CUSTOMER must always treat the EQUIPMENT gently and with care.

3.8 In the case where the EVENT SERVICES are ordered to the CUSTOMER’s office space, after the EVENT SERVICES have been performed, CELBRETTI will pick up the EQUIPMENT at the agreed time. If the CUSTOMER does not allow CELBRETTI to pick up the EQUIPMENT at the agreed time or if the return is delayed due to circumstances for which the CUSTOMER is responsible, the CUSTOMER must reimburse any additional costs incurred.

 

§ 4 Modifications, Cancellations, and Terminations

4.1 Changes requested by the CUSTOMER are generally only possible after consultation with CELBRETTI. Irrespective of this, the CUSTOMER is entitled to make minor changes to the EVENT SERVICES up to 36 hours before the start of the event with additional remuneration. In particular, a deviation in the agreed number of people of +/- 10% is considered a minor change.

4.2 If the CUSTOMER cancels the EVENT SERVICES in whole or in part, the cancellation conditions attached apply. In addition, the statutory provisions apply.

Time Horizon	Amount Due
Up until 4 weeks before the event	100% of the order value is due
4-8 weeks before the event	70% of the order value is due
8-12 weeks before the event	50% of the order value is due
12-16 weeks before the event	25% of the order value is due
More than 16 weeks before the event	0% of the order value is due

 

§ 5 Right of Withdrawal 

As a consumer, you have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of withdrawal, you must send us, Celbretti UG, Rheinsberger Str. 76/77, 10115 Berlin +49 1739126872, hello@celbretti.de, a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

If you have requested that the service should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

 

§ 6 Liability and Warranty Claims 

6.1 CELBRETTI is liable to the CUSTOMER for defective services in accordance with the statutory provisions. Essential contractual obligations are obligations that make the proper execution of the contract possible in the first place and on the observance of which the CUSTOMER regularly relies and may rely. This does not apply in the case of injury to life, limb or health, in the case of assumption of a guarantee or a procurement risk and in the event of liability under the Product Liability Act. Insofar as CELBRETTI's liability is excluded or limited, this also applies to CELBRETTI's organs, employees, workers, representatives and vicarious agents

6.2 Information from CELBRETTI on the subject of the delivery or service (e.g. weights, dimensions, arrangement of meals, etc.) and representations of the same (e.g. drawings and illustrations) are only approximately relevant. They are not guaranteed quality features, but descriptions or identification of the delivery or service. Customary deviations are permissible as long as they do not impair the usability for the contractually intended purpose.

6.3 Reasonable deviations in appearance, size, consistency, taste or in the composition of prepared meals are generally not considered defects unless they were expressly confirmed by CELBRETTI as guaranteed properties when the order was placed. 

6.4 The CUSTOMER undertakes, insofar as this is possible and reasonable within the framework of a further scheduled execution of the event, to keep a sample of the defective product and to give it to CELBRETTI for the purpose of checking that it is free of defects.

6.5 The limitation period for claims for defects is two years for consumers and 12 months for entrepreneurs, beginning with the acceptance or completion of the EVENT SERVICES.

 

§ 7 Force Majeure 

7.1 In cases of force majeure, the contracting party affected is released from the obligation to perform or accept the EVENT SERVICES for the duration and to the extent of the impact. Force majeure is any event beyond the control of the respective contractual partner which prevents it from fulfilling its obligations in whole or in part, including fire damage, floods, strikes and lawful lockouts as well as operational disruptions or official orders for which it is not responsible. 

7.2 The affected contractual partner will immediately notify the other contractual partner of the occurrence and cessation of force majeure and will use its best endeavors to remedy the force majeure and limit its effects as far as possible.

7.3 In the event of force majeure, the contractual partners will agree on how to proceed. Irrespective of this, each contractual partner is entitled to withdraw from the contract if it is already foreseeable at the time of notification of force majeure that the provision of the agreed EVENT SERVICES will be impossible.

 

§ 8 Prices 

8.1 The prices apply to the scope of services and deliveries listed in the order confirmations. Additional or special services are agreed and charged separately.

8.2 In the event of not inconsiderable delays in the beginning or continuation of the EVENT SERVICES to be provided by CELBRETTI, for which CELBRETTI is not responsible, CELBRETTI is entitled to invoice any additional expenses incurred as a result separately.

8.3 Additional services of all kinds that the CUSTOMER requests or is responsible for and which are not part of the actual order will be billed by CELBRETTI according to the list prices applicable at the time, unless list prices exist at market prices. Additional services are, in particular, additional quantities not included in the offer that are not minor deviations within the meaning of Section 3. represent, costs for special packaging and additional expenses that are carried out at the request of the CUSTOMER or which are due to incorrect information provided by the CUSTOMER or third parties acting in their area of ​​responsibility, transport delays through no fault of their own, failure to provide timely or professional cooperation by the CUSTOMER or other third parties, insofar as these are not are vicarious agents of CELBRETTI.

8.4  CELBRETTI is entitled to carry out outstanding deliveries or services only against advance payment or provision of security if circumstances become known to CELBRETTI after the conclusion of the contract which are likely to significantly reduce the CUSTOMER's creditworthiness and which make the payment of the outstanding claims by CELBRETTI through the customers from the respective contractual relationship (including from other individual orders to which the same framework agreement applies) is endangered.

 

§ 9 Payment Terms

9.1 The agreed total price is due for payment after acceptance or completion of the EVENT SERVICES.

9.2 After conclusion of the contract, CELBRETTI is entitled to demand a reasonable advance payment on the total price of the agreed EVENT SERVICES.

 

§ 10 Final Provisions 

10.1 Additions and amendments to the agreements made between CELBRETTI and the CUSTOMER must be in writing to be effective.

10.2. The law of the Federal Republic of Germany shall apply to the exclusion of the UN sales law, unless the consumer would thereby be deprived of the protection granted to him by the mandatory regulations of the state in which he has his habitual residence. In the latter case, the law of the state in which the consumer has his habitual residence applies.

10.3. The place of jurisdiction for all disputes in connection with the services of CELBRETTI is in the event that the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law or is a consumer but has no general place of jurisdiction in Germany or his place of residence relocated abroad after conclusion of the contract or the CUSTOMER's place of residence cannot be determined at the time the action is filed, the registered office of CELBRETTI.