§ 1 Validity, definitions of terms
(1)
MammaMia GmbH, Kreuzstr. 1-3, 01067 Dresden, Germany
(hereinafter referred to as „we“, „us“ or „MammaMia Dresden“) operates under the website https://www.mammamia-dresden.de an online shop, an online order form and an online table reservation system.
These General Terms and Conditions apply to all contracts and reservations between us and our customers (hereinafter: „customer“ or „you“) in the version valid at the time of use, unless expressly agreed otherwise.
(2)
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
An entrepreneur is any natural or legal person or partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
§ 2 Conclusion of the contract, storage of the contract text
(1)
The following regulations apply to orders placed via our online shop or our online order form at
https://www.mammamia-dresden.de.
(2)
The presentation of the products does not constitute a legally binding offer, but a non-binding invitation to place an order.
(3)
The customer submits a binding contract offer by completing the order process in full. This includes in particular
Enter and check address and contact details
Selection of the desired goods
Selection of payment and, if applicable, shipping method
Confirmation of the GTC, cancellation policy and privacy policy
Conclusion of the order via the button „order with obligation to pay“
(4)
The contract is concluded as soon as we confirm the order by e-mail within three working days.
(5)
The contractual partner is:
MammaMia GmbH, Kreuzstr. 1-3, 01067 Dresden, Germany
(6)
The text of the contract is not saved. Order data, general terms and conditions and cancellation policy are sent to the customer by e-mail.
(7)
Input errors can be corrected before finalising the order using the usual browser and input functions.
(8)
The customer must ensure that the e-mail address provided is correct and that it is technically possible to receive e-mails.
§ 3 Subject matter of the contract
(1)
The subject of the contract is the sale of goods as described in the online shop or order form.
(2)
The essential characteristics of the goods are set out in the respective product description.
(3)
If digital products are offered, the restrictions on use stated in the product description apply. Resale or sub-licensing is not permitted unless expressly agreed.
§ 3a Table reservations in the restaurant
(1)
Non-binding table reservations for our restaurant can be made via our website and via an online table reservation tool used by us. A table reservation does not constitute a catering contract.
(2)
A reservation is deemed to have been accepted as soon as it has been confirmed by us. Confirmation can be made automatically via the online reservation tool or individually by e-mail or telephone.
(3)
Reservations are kept free for up to 15 minutes from the agreed time. If you arrive later, please inform us briefly. After this waiting time has elapsed, we reserve the right to allocate the table to someone else.
(4)
There is no entitlement to a specific table or seat unless this has been expressly agreed.
(5)
Reservations for larger groups or special occasions may be subject to special conditions (e.g. time limits or standardised menu selection). We will inform you of this in advance.
(6)
No no-show fees will be charged. However, we ask guests to cancel reservations in good time if they are unable to attend.
(7)
The personal data collected as part of the online table reservation process is used exclusively to process the table reservation. Our data protection information also applies.
§ 4 Prices, shipping costs and delivery
(1)
All prices are final prices in euros and include statutory VAT.
(2)
Payment shall be made in advance via the payment methods offered in the online shop (e.g. PayPal, advance payment), unless expressly agreed otherwise.
(3)
Shipping costs may apply in addition to the product prices. These are clearly shown in the order process.
(4)
Unless otherwise stated, the delivery time is 5-7 working days after receipt of payment.
(5)
Delivery takes place exclusively within Germany.
§ 5 Retention of title
The goods remain our property until full payment has been made.
§ 6 Right of cancellation
Consumers have a statutory right of cancellation.
The details can be found in our cancellation policy.
§ 7 Liability
(1)
We shall be liable without limitation in the event of intent, gross negligence or injury to life, limb or health.
(2)
In the event of slight negligence, we shall only be liable for breach of material contractual obligations (cardinal obligations). In this case, liability shall be limited to the foreseeable damage typical of the contract.
§ 8 Contract language
The contract language is exclusively German.
§ 9 Warranty
(1)
The statutory warranty rights apply.
(2)
The warranty period for entrepreneurs is 12 months from delivery.
(3)
The request to inspect the goods for obvious defects or transport damage shall not affect statutory warranty claims.
§ 10 Final provisions
(1)
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In the case of consumers, this choice of law only applies insofar as there are no mandatory consumer protection regulations to the contrary.
(2)
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Dresden.