1. scope of application and contract structure
GASTORO is a digital platform.
Purchase contracts are concluded between:
– the buyer (consumer or entrepreneur)
– the respective dealer / seller
GASTORO itself is not the contractual partner, but acts as an intermediary for the conclusion of the contract.
The right of withdrawal therefore applies:
towards the respective dealer
2. RIGHT OF WITHDRAWAL FOR CONSUMERS (B2C)
2.1 Right of withdrawal
Consumers within the meaning of the Consumer Protection Act (KSchG) have the right to withdraw from the contract within:
14 days without giving reasons
to revoke the contract.
2.2 Start of the withdrawal period
The period begins:
For goods:
– with the day on which the goods were taken over
For partial deliveries:
– upon receipt of the last delivery
2.3 Exercise of the revocation
The revocation is to be sent to:
the respective retailer or via GASTORO (forwarding takes place)
Contact: E-Mail: office@gastoro.com
2.4 Consequences of revocation
In the event of revocation:
– Refund of all payments including standard delivery costs
– within 14 days from revocation
Repayment is made using the original means of payment.
2.5 Return of the goods
– to be returned within 14 days
– to the respective dealer
Costs of return shipment: generally borne by the buyer, unless otherwise agreed
2.6 Loss of value
A loss in value is only to be compensated if:
the goods have been used beyond mere testing
2.7 Exclusion of the right of withdrawal
In particular, there is no right of withdrawal for:
– perishable goods (e.g. food)
– Sealed hygiene articles (after opening)
– customized products
– perishable catering items
– services rendered in full
3. RIGHT OF WITHDRAWAL FOR ENTREPRENEURS (B2B)
3.1 No statutory right of withdrawal
entrepreneurs within the meaning of the UGB:
No statutory right of withdrawal
3.2 Individual agreements
A right of withdrawal or return can:
are only granted voluntarily by the retailer
(e.g. take-back guarantee, goodwill regulations)
3.3 Applicability of the dealer conditions
The following applies to entrepreneurs:
– the general terms and conditions of the respective retailer
– Individual agreements
– Commercial law regulations
3.4 Returns in the B2B area
Returns are only possible:
– with the express consent of the retailer
– in the event of defects (warranty)
– with contractual agreement
4. PLATFORM TRANSPARENCY & MANDATORY DISCLOSURES
The following principles apply on GASTORO to ensure transparency and legal clarity:
4.1 Labeling at the time of purchase
Before completing an order, the buyer is clearly requested to indicate whether the purchase is being made as:
– Consumer (B2C)
– Entrepreneur (B2B)
This selection is decisive for the application of the right of withdrawal.
4.2 Obligations of dealers
Every retailer is obliged:
– provide their own return and withdrawal policies
– clearly explain the differences between B2C and B2B regulations
– transparently indicate product-specific restrictions (e.g. food, custom-made products)
4.3 Presentation on the platform
The relevant information is:
– on the product page
– in the order process
– and in the dealer profiles
displayed clearly and comprehensibly.
