Terms & Conditions (B2B)

General Terms and Conditions (GTC) for Business Clients (B2B)

§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the

• BUTTINALE 73 GmbH. (hereinafter referred to as “BUTTINALE 73”),
• Postal address: Neuhofstraße 52, 41063 Mönchengladbach
• Managing Directors: Stefan Hamacher; Babak Kharabi Masouleh
• Name of the registry court and registration number:  Mönchengladbach HRB 22654
• VAT ID No./International VAT ID: DE 412959073
• Telephone number: +49 2161577-3330
• Email address: sales@buttinale73.com

and our customers (hereinafter referred to as "Customer"). These Terms and Conditions also apply to all deliveries and services provided in connection with the contract.

(2) These General Terms and Conditions apply exclusively to entrepreneurs as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. General Terms and Conditions for consumers as defined in Section 13 of the German Civil Code (BGB) are subject to separate General Terms and Conditions. 

(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.

(4) We do not accept any differing terms and conditions of the customer unless we have expressly agreed to their validity in writing. 

(5) For bilateral commercial transactions within the meaning of Sections 343 et seq. of the German Commercial Code (HGB), the provisions of commercial law shall apply in addition, in particular the provisions on commercial sales (Sections 373 et seq. of the German Commercial Code (HGB)). 

§ 2 Conclusion of Contract

(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase agreement.

(2) By submitting an order via the online shop by clicking the "Order with obligation to pay" button, the customer makes a legally binding offer. 

(3) A contract is only concluded when we accept your order by issuing a declaration of acceptance or at the latest by delivering the ordered items.

(4) The contract will be concluded in the language you have chosen for the website (German, English, Italian).

(5) The contract terms with details of the ordered goods and/or booked services, including these General Terms and Conditions (GTC), will be sent to you by email upon acceptance of the contract offer or upon notification thereof. 

(6) If the customer defaults on acceptance, we are entitled to store the goods at the customer's expense and risk or to dispose of them elsewhere after a reasonable period.

§ 3 Delivery conditions

(1) Partial deliveries are permitted insofar as they are reasonable for the customer. 

(2) Delivery dates and deadlines are only binding if they have been expressly agreed in writing.

(3) The risk of accidental loss or accidental damage to the goods passes to the customer upon handover of the goods to the carrier, freight forwarder or any other person designated to carry out the shipment.

(4) In the case of justified risk of late payment or in the case of deliveries abroad, we reserve the right to deliver only against prepayment.

§ 4 Prices and shipping costs

(1) All prices quoted in our online shop are gross prices including statutory VAT and are subject to additional shipping costs.

(2) Shipping costs are indicated in our price information in our online shop. The price, including VAT and applicable shipping costs, is also displayed in the order form before you submit the order.

(3) If we fulfill your order in accordance with Section 4 Paragraph 1 by means of partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

§ 5 Payment terms, set-off and right of retention

(1) The purchase price is due immediately upon ordering. You can pay the purchase price and shipping costs by EC/Maestro/credit card or PayPal. In the case of a direct debit authorization or payment by EC/Maestro/credit card or PayPal, we will debit your account no earlier than the conclusion of the contract (§ 2).

(2) You are not entitled to offset any claims against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset claims against our claims if you assert claims for defects or counterclaims arising from the same purchase agreement.

(3) As a customer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 6 Retention of Title

(1) The delivered goods remain our property until the purchase price has been paid in full.

(2) If the customer breaches the contract – in particular, if they default on payment – we have the right to withdraw from the contract after setting a reasonable deadline for performance. Taking back the goods subject to retention of title constitutes a withdrawal from the contract. The customer shall bear the transport costs incurred for the return. Seizure of the goods subject to retention of title also constitutes a withdrawal from the contract. We may dispose of goods subject to retention of title that we have taken back. The proceeds of the disposal will be credited against the amounts owed to us by the customer, after we have deducted a reasonable amount for the costs of disposal.

(3) The customer must treat the goods subject to retention of title with care.

(4) In the event of seizure of the goods subject to retention of title by third parties or other interference by third parties, the customer must point out our ownership and must notify us immediately in writing so that we can enforce our ownership rights. If the third party is unable to reimburse us for the legal or extrajudicial costs incurred in this connection, the customer shall be liable for these costs. 

§ 7 Warranty

(1) If the delivered goods are defective, you are entitled, within the framework of the statutory provisions, to demand subsequent performance in the form of rectification of the defect or delivery of a defect-free item. We have the right to choose the type of subsequent performance. If subsequent performance fails, you are entitled to reduce the purchase price or, if the statutory requirements are met, to withdraw from the contract.

(2) The customer must inspect the delivered goods immediately upon receipt and notify the customer in writing without delay of any defects, discrepancies, or shortages. If the customer fails to give notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. If such a defect becomes apparent later, notice must be given immediately upon discovery; otherwise, the goods are also deemed accepted with respect to this defect.

(3) The limitation period for warranty claims is two years and begins upon delivery of the goods.

(4) Any seller's warranties we may provide for specific items, or manufacturer's warranties provided by the manufacturers of specific items, shall be in addition to claims for defects of quality or title as defined in paragraph 1. Details of the scope of such warranties are set out in the warranty terms and conditions which may be included with the items.

§ 8 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In all other cases, unless otherwise stipulated in paragraph 3, we shall only be liable for breaches of contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on which you as the customer may regularly rely (so-called cardinal obligations), and then only to the extent of foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 9 Customer default, storage and self-help sale

(1) If the customer defaults on acceptance of the goods or fails to cooperate, the risk of accidental loss or damage to the goods passes to the customer. Any additional costs, in particular storage, transport and insurance costs, shall be borne by the customer.

(2) We are also entitled to publicly auction the goods by way of self-help sale in accordance with Section 373 paragraphs 3 to 5 of the German Commercial Code (HGB) if the customer continues to refuse acceptance. 

(3) Any shortfall in proceeds, storage and disposal costs shall be borne by the customer.

§ 10 Copyrights

We hold the copyright to all images, videos, and texts published in our online shop. Use of these images, videos, and texts is not permitted without our express consent.

Section 11 Data Protection

We collect, process, and use your personal data, in particular your contact details, to process your order, including your email address if you provide it. For credit checks, we may use information (e.g., a credit score) from external service providers to aid our decision-making and may base the payment method on this information. This information also includes your address. This is done for the purpose of contract fulfillment, Art. 6 para. 1b) GDPR. Please see our privacy policy (link) for details.

§ 12 Applicable Law and Jurisdiction

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

(2) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Mönchengladbach.

§ 13 Final Provisions

(1) Amendments or additions to these terms and conditions must be in writing.

(2) Should any provision of these terms and conditions be invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the contracting parties by mutual agreement with a valid provision that most closely approximates the economic intent and purpose of the invalid provision. The foregoing provision shall apply mutatis mutandis to any gaps in these terms and conditions.

(3) These Terms and Conditions  are written in German, English and Italian. In the event of differences between the three versions, the German version shall take precedence over other versions. The English and Italian versions serve only as a translation.

As of November 2025