GENERAL TERMS AND CONDITIONS OF SALE FOR GASTROTIGER

1    Scope of Application, Individual Agreements

1.1 All deliveries of goods ("Goods") by Gastrotiger GmbH with its registered office at Gadastr. 4, 85232 Bergkirchen, Germany, DE294959859, Steuer-Nr.: 65202/62022, Amtsgericht München registered in the commercial register of the local court of Munich, HRB246961 (“Gastrotiger”) on the basis of online orders via the website of GASTROTIGER at (www.horecatiger.eu) (each a “Webshop”) shall be subject exclusively to these general terms and conditions of sale ("GTC").

Other provisions, in particular general terms and conditions of a buyer shall not apply, irrespective of whether they have been expressly rejected by GASTROTIGER or not. These GTCs shall also apply exclusively if GASTROTIGER effects contractual performance without reservation in knowledge of other terms and conditions.

1.2 These GTCs shall, unless expressly stated otherwise in these GTC, apply to both consumers within the meaning of the Directive 2011/83/EU on Consumer Rights, i.e. every natural person who enters into a legal transaction for purposes that predominantly are outside such person’s trade, business or profession, and to entrepreneurs within the meaning of the Directive 2011/83/EU on Consumer Rights, legal entities under public law or special funds under public law ("Buyer" or “You”). Entrepreneurs are obliged to provide a valid VAT ID number or comparable evidence for the business status from an official authority in order to confirm the entrepreneurial status and to confirm that the goods are purchased for business purposes.

1.3 Individual agreements between GASTROTIGER and the Buyer shall prevail.

2    Offers, Orders, Formation of Contract, Contract Text, Contract Language

2.1 Offers and any presentation issued by GASTROTIGER on the Webshop, or in any other forms of advertisement are non-binding invitations to order.

2.2 Orders shall specify the type and quantity of Goods ordered, desired delivery location, and, if applicable, valid order number and can be placed via GASTROTIGER’s Webshop, email or another written form agreed from time-to-time.

2.3 To place an order in the Webshop, the Buyer must take the following steps: The Buyer can select the Goods he wishes to purchase and their quantity and place them in the shopping basket by clicking on the "Shopping Basket" symbol. In the shopping basket view, the Buyer can change this selection at any time until the order is sent, for example by changing the quantity of Goods and clicking on the "Update" button, removing Goods by clicking on the "Delete Selection" button or cancelling the order process. After clicking on the "Checkout" button, the Buyer is asked to enter all the information required to process the order on the "Address Confirmation" and "Payment/Delivery Terms" pages. Once this has been completed, the Buyer can proceed to the "Order Summary" page where the order data will be summarized in an overview for a final check and correction, if applicable. The Buyer sends his binding order to GASTROTIGER by clicking on the "Order with obligation to pay" button.

2.4 The Buyer may only place a binding order if he takes note of and agrees to the application of these GTC by placing a checkmark in the field "I have taken note of and agree to the application of the general terms and conditions".

2.5 After the Buyer has placed an order for Goods through the Webshop, GASTROTIGER will send without undue delay an automatically generated email acknowledging the receipt of the order to the email address indicated in the order ("Order Acknowledgement"). This Order Acknowledgment means that the order has been received; it does not mean that the order has been accepted by GASTROTIGER.

2.6 Any order placed by the Buyer shall only become binding for GASTROTIGER upon GASTROTIGER’s acceptance of the order upon Buyer’s receipt of GASTROTIGER’s order confirmation by email (“Order Confirmation”).

2.7 GASTROTIGER shall have the right to accept orders within three business days after their receipt.

2.8 GASTROTIGER stores the text of the contract which is accessible to the Buyer.

2.9 The languages available for concluding a contract over the Webshop are German, English, Dutch, Spanish, French and Italian.

3    Right of Revocation

If you are a consumer, you have a right of revocation subject to the following provisions. This Section 3 does not apply to Buyers who are entrepreneurs within the meaning of the Directive 2011/83/EU on Consumer Rights.

3.1 Instructions on revocation

Right of revocation

You have the right to revoke this contract within 14 days without giving any reason.

The revocation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of revocation, you must inform us (Gastrotiger GmbH, Gadastr. 4, 85232 Bergkirchen, Germany, Tel.: 49 (0) 8142 6522 990, [email protected]) of your decision to revoke this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model revocation form, but it is not mandatory. You can also electronically fill in and submit the model revocation form or any other unequivocal declaration on our website www.horecatiger.eu. If you make use of this option, we will send you confirmation of receipt of the revocation without delay (e.g. by email).

To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.

Effects of revocation

If you revoke this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your revocation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods. Gastrotiger will inform you, prior to the conclusion of the contract, of the estimated return costs applicable to the Goods concerned.
The return costs shall not exceed EUR 60 per return.

At its discretion, Gastrotiger may offer assistance with the return of bulky or difficult-to-handle Goods; such assistance does not constitute an obligation and shall not affect the Buyer’s responsibility for the return costs. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. As explained in the Revocation Policy available on the website

3.2 Model revocation form

Model revocation form

(complete and return this form only if you wish to revoke the contract)

- To Gastrotiger, GmbH Gadastr. 4, 85232 Bergkirchen, Germany, info @gastrotiger.de:

- I/We (*) hereby give notice that I/We (*) revoke my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),

- Name of consumer(s),

- Address of consumer(s),

- Signature of consumer(s) (only if this form is notified on paper),

- Date
___________

(*) Delete as appropriate.

3.3 If you are a consumer, all remedies for lack of conformity of the Goods shall be provided to you free of charge, in accordance with applicable law. This includes, in particular, the consumer’s right to Gastrotigerir or replacement of the Goods, as well as the costs necessary to remedy the lack of conformity.

3.4 If the Buyer is an entrepreneur within the meaning of Directive 2011/83/EU, the following terms apply:

• no statutory right of revocation or withdrawal applies and orders are binding upon acceptance

• any return, cancellation or refund is excluded unless expressly provided for in these GTC or agreed in writing by GASTROTIGER.

• Returns are permitted only where the Goods are defective or non-conforming, damaged during transport, or delivered incorrectly or incompletely by GASTROTIGER, and are excluded in cases of incorrect ordering, change of mind, incompatibility or lack of suitability for a purpose not expressly agreed.

• The Buyer must notify GASTROTIGER in writing without undue delay, and any return requires GASTROTIGER’s prior written authorization; unauthorized returns may be refused and returned at the Buyer’s expense.

• Returned Goods must be unused, uninstalled and, where reasonably possible, in their original packaging, and the Buyer shall be liable for any deterioration exceeding what is necessary for inspection.

• Where the return is attributable to GASTROTIGER, reasonable return transport costs shall be borne by GASTROTIGER; in all other cases, such costs and risks shall be borne by the Buyer.

• In the event of a justified return, GASTROTIGER shall, at its discretion, provide subsequent performance (Gastrotigerir or replacement), a price reduction or a refund, subject to these GTC, and mandatory statutory rights shall remain unaffected.

4    Delivery, Delivery Times, Delay in Delivery, Delivery by Instalments, Upstream Deliveries

4.1 The delivery periods or delivery dates (delivery time) stated in the offer apply.

4.2 GASTROTIGER may make delivery by instalments where reasonably acceptable for the Buyer, in particular if the delivery of the remaining ordered Goods is ensured and the partial delivery does not constitute a significantly increased effort or considerable additional costs for the Buyer (unless GASTROTIGER declares itself willing to bear those cost).

4.3 If GASTROTIGER has not received delivery of any Goods at all or in time, GASTROTIGER will not be late with the delivery unless GASTROTIGER is responsible for not having received upstream delivery at all or in time. If GASTROTIGER has been established that upstream delivery of ordered Goods has failed for reasons beyond GASTROTIGER’s control despite a matching self-delivery transaction, GASTROTIGER may withdraw from the contract with the Buyer.

4.4 If you are an entrepreneur, the following terms apply in addition to clauses 4.1-4.3:

4.5 Unless otherwise agreed, all deliveries made shall be DAP (Incoterms 2020).

4.6 The delivery periods or delivery dates (delivery time) stated in the offer are non-binding. A delivery time for Goods will only be binding if it has been expressly confirmed by order confirmation. In the case of non-binding delivery periods or delivery dates, GASTROTIGER shall not be delayed in delivery (Lieferverzug) until a reasonable delivery period set in writing by the Buyer has expired to no avail. The Buyer shall not set the expiry date of such period earlier than four working days.

4.7 EXW Bergkirchen, Germany (Incoterms® 2020) applies only in exceptional cases and only if expressly agreed in writing between Gastrotiger and the Buyer.

5    Price, Payment Terms

5.1 Prices are indicated in Euro and include statutory VAT. For deliveries outside the European Union, VAT may not be charged in accordance with applicable tax legislation.

5.2 Unless otherwise agreed, pGastrotigeryment shall be made prior to the delivery of Goods using the payment methods specified by GASTROTIGER, which may include bank transfer, credit card, Paypal or other agreed payment methods. Unless otherwise agreed, payments shall be effected in Euro.

5.3 If the Buyer fails to effect payment by expiry of the due date for payment, it shall be in default without further notice. Decisive for the timeliness of the payment is the receipt of the invoiced amount in the bank account specified.

5.4 In case of default of payment GASTROTIGER shall be entitled to charge default interest at the statutory rate. The right to assert further damages is reserved.

6    Quality of the Goods, Guarantees

6.1 If the Buyer is an entrepreneur, information provided by GASTROTIGER in word, writing or any other form regarding suitability, including application, processing and other use, as well as technical consultation provided by GASTROTIGER is given to the best of GASTROTIGER’s knowledge, but shall be regarded as non-binding information and shall not release the Buyer who is an entrepreneur from the obligation to inspect the Goods supplied by GASTROTIGER for their suitability for the intended purposes. Application, processing and any other use of the Goods are beyond the control of GASTROTIGER and are therefore the sole responsibility of the Buyer.

6.2 Irrespective of the Buyer being a consumer or entrepreneur, Guarantees, in particular guarantees as to quality, shall only be binding for GASTROTIGER to the extent that they (i) are contained in an offer or an order confirmation, (ii) are expressly referred to as "guarantee" or "guarantee of quality", and (iii) expressly define the obligations resulting from such guarantee for GASTROTIGER.

7    Claims for Defects, Defect Rights

7.1 If the Buyer is a consumer, in the event of defects in the Goods, the statutory provisions shall apply, in particular Buyer’s right to request rectification, to rescind from the contract or to reduce the purchase price.

7.2 If the Buyer is a consumer, the period of limitation for all claims for defects is two years and starts at the time the corresponding Goods have been delivered to Buyer. Longer limitation periods for claims for defects, which GASTROTIGER has fraudulently concealed, or which are covered by a longer lasting quality or durability guarantee, shall remain unaffected by this Section 7.2.

7.3 If the Buyer is an entrepreneur

• Buyer’s claims for defects (Mängelrechte) are subject to the Buyer inspecting the Goods upon delivery for any defects and submitting a proper notice of defects in accordance with Section 377 German Commercial Code.

• A notice of defect shall be submitted in writing and shall specifically state the respective defect. Complaints regarding incomplete delivery and other visible defects shall be brought to GASTROTIGER’s attention in writing without undue delay and no later than ten calendar days after delivery, hidden defects without undue delay and no later than ten calendar days upon their detection. The acceptance of the Goods may not be refused for defects that are not of a material nature. Claims based on defects that are notified belatedly are excluded

• The costs for the inspection of the Goods shall be borne by the Buyer. Defective Goods shall be made available to GASTROTIGER for inspection upon request.

• GASTROTIGER will remedy defects by subsequent performance (Nacherfüllung), at its own discretion, either by correcting the defect (rectification) or by supplying a non-defective Good (replacement). Subsequent performance shall be effected without any acknowledgment of a legal obligation. In the case of rectification, the remaining period of the original statutory period of limitations shall begin with the return of the rectified Good. The same shall apply if a replacement has been delivered.

• Buyer’s claims for expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, shall be excluded, to the extent the expenses are increased as a result of the Goods being brought to a place other than the agreed place of delivery; GASTROTIGER shall be entitled to charge such additional costs to the Buyer.

• If subsequent performance finally fails, the Buyer may reduce the purchase price or rescind the contract.

• Any other claims for defects, regardless of their nature, shall be excluded without prejudice to any claims for damages limited pursuant to Section 8.

• The Buyer shall bear the reasonable costs of an unjustified assertion of claims for defects (e.g., if the Good was not defective); the same applies if GASTROTIGER wrongfully grants defect rights without being obliged to do so.

• Claims for defects become time-barred one year after delivery of the Goods to the Buyer. This limitation shall not apply, however, if (i) a defect was fraudulently concealed or (ii) a guarantee regarding the quality of a Good was given (in this context, where applicable, the guarantee and/or limitation period laid down in the guarantee shall apply). In case of damage claims due to defects, this limitation shall further not apply in the following cases: (i) liability for defective products, (ii) injury to life, body or health, (iii) intent and (iv) gross negligence.

• Rights of recourse on the part of the Buyer, if the Goods are sold to a consumer, remain unaffected. Such rights of recourse exist only insofar as the Buyer has not entered into agreements with its sub-buyer that exceed the statutory claims for defects.

7.4 Irrespective of the Buyer being a consumer or entrepreneur, claims for damages due to defects shall be governed by statutory law, though modified by the provisions in Section 8.

8    Limitation of Liability, Limitation Period

The liability of GASTROTIGER for damages caused by slight negligence is limited to damages resulting from the breach of material contractual obligations, the fulfilment of which is prerequisite to the proper execution of the contract and in the observance of which the contractual partner regularly trusts and is entitled to trust; in this case, however, liability shall be limited to damages and losses that were foreseeable at the conclusion of the contract and are characteristic for the particular type of contract.

The above limitations of liability shall apply to all claims for damages irrespective of their legal basis, with the exception of claims for damages by the Buyer (i) due to fraudulently concealed defects, (ii) for defects which are covered by a guarantee that was given regarding the quality of a Good (in this context, where applicable, the guarantee and/or limitation period laid down in the guarantee shall apply), (iii) arising from liability for defective products under applicable mandatory product liability law, and (iv) resulting from injury to life, damage to body or health, (v) resulting from intent or gross negligence.

The above limitations of liability shall also apply to claims for damages by the Buyer against GASTROTIGER’s officers, executives, employees or agents.

The above limitations on claims for damages shall apply accordingly to claims for reimbursement of futile expenses.

GASTROTIGER in no event assumes any liability for damage caused by improper use of the Goods, improper circumstances in the use of the Goods or installation by unqualified personnel.

In any event, GASTROTIGER’s total aggregate liability under this contract shall be capped at the total amount paid by the Buyer to GASTROTIGER under the respective contract.

9    Reservation of Title

The Goods delivered remain the property of Gastrotiger, acting as a company of the GASTROTIGER Group until payment has been made in full.

10    Personal Data

GASTROTIGER will process personal data of the Buyer in accordance with the GDPR (EU Regulation 2016/679). For more information, please see the privacy notice on our website at Gastrotiger Privacy Policy.

11    Set-Off and Right of Retention

Set-off and the exercising of a right of retention by the Buyer for disputed counterclaims or counterclaims that are not established as final and absolute is excluded unless the counterclaims are based on the same contractual relationship.

12    Severability

Should any provision of the GTC be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13    Use of Website

By making use of this website and placing orders through this website you agree to:

• Use this website only to make legally valid inquiries or orders,

• Not to place any false or fraudulent order, if it could reasonably be considered that such an order has been placed we will be entitled to cancel it and inform the relevant authorities,

• No to use the website in any way that might be considered harmful, malicious, slanderous, dangerous or illegal,

• To provide us with your email address, postal address and/or other contact details truthfully and accurately.

You also agree that we may use such information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information we need, we will not be able to fulfill your order. We reserve the right to prevent you from accessing our website or to terminate your account if your behavior constitutes a breach of these terms and conditions or applicable law.

By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

You are not allowed to use crawlers, spiders or similar technologies to capture, store or otherwise obtain any and all of the content on our website, nor to use such content for purposes other than those expressly permitted under these GTC. In no event shall you use our content to train artificial intelligence models, to build competing websites or services or develop any other solutions based on our content, without GASTROTIGER’s prior written consent. You are not allowed to create deeplinks. The foregoing shall not apply to the use of automated tools, including AI-enabled technologies, by GASTROTIGER itself or by third parties expressly authorised by GASTROTIGER, acting on its behalf for purposes such as website optimisation, search, accessibility, analytics or information retrieval.

14    Online Dispute Resolution

Consumers have the possibility to resolve disputes with GASTROTIGER through alternative dispute resolution (ADR) bodies recognized under applicable national law. Information on competent ADR bodies and their contact details is available via the competent consumer protection authorities in the Member State of the consumer’s residence.

GASTROTIGER is neither obliged nor willing to participate in alternative dispute resolution proceedings before a consumer arbitration body.

15    Governing Law and Jurisdiction (Entrepreneurs)

The contractual relationship between GASTROTIGER and the Buyer shall be governed by German law.

The application of the terms of the UN Convention on International Sales of Goods (CISG) is excluded. For a Buyer who is a consumer, this choice of law shall not apply, however, if it has the result of depriving Buyer of the protection afforded to Buyer by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of statutory provisions. This choice of law does not affect the consumer’s right under the Brussels I bis Regulation to bring proceedings before the court of the Member state of the consumer’s habitual residence. In relation to the Buyers who is an entrepreneur, the courts having jurisdiction at GASTROTIGER’s registered office shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship. However, GASTROTIGER may bring legal proceedings against the Buyer who is an entrepreneur at any other legal place of jurisdiction.

Germany, April 7, 2026