Setur General Terms & Conditions

1. Scope of application, definitions

1.1 The following General Terms and Conditions in the version valid at the time of the reservation shall apply exclusively to the business relationship between Setur and the Customer. Deviating general terms and conditions of the Customer shall not be recognised unless Setur expressly agrees to their validity in writing.

1.2 The Customer is a consumer insofar as the purpose of the reservations, ordered deliveries and services (where applicable) cannot be attributed predominantly to his/her commercial or self-employed professional activity. The Customer is an entrepreneur insofar as it is a natural or legal person or partnership with legal capacity who, when making a reservation or concluding a contract (where applicable), acts in the exercise of his/her commercial or self-employed professional activity.

2. Youth protection

2.1 Setur only sells goods to customers who are 18 years of age or older. By placing a reservation, Customer confirms of being at least 18 years old. Setur reserves the right not to release goods if it is unsure of the Customer’s age of majority. Customer must ensure that only the Customer or a person authorised by the Customer receives delivery who is at least 18 years of age receives and inspects the items ordered. Under no circumstances will Setur leave age restricted items (such as alcohol, tobacco) unattended. Setur staff may, if there is any doubt on its part that the person to whom the items are to be released looks to be at least 18 years of age, ask for proof of age. Setur may refuse to release items if proof of age cannot be provided or another adult is not available to take the order.

2.2 Setur may also refuse to serve alcohol to anyone who is or appears to be under the influence of alcohol or drugs.

3. User account

3.1 Customer warrants that the data provided during registration is true, correct and complete and that the Customer will inform Setur immediately of any changes.

3.2 Each Customer may only create one account.

3.3 As a customer, Customer is not permitted to give third parties access to the Customer’s access data for own account in the Setur Click & Collect Platform. Customer must ensure that the own account cannot be misused by third parties.

3.4 Customer hereby acknowledges that the Customer is responsible for any use of own username and password for the Setur Click & Collect Platform to the extent caused by at least negligent acts or omissions.

3.5 If Customer has lost or had username and password stolen, or if the Customer suspects that his/her account has been used by a third party without the Customer’s knowledge, the Customer will contact Setur immediately and change his/her password as soon as possible.

4. Coupons & Discounts
Coupons, discounts and other benefits cannot be combined with each other and are only applied upon conclusion of the contract and in consideration of the respective conditions. Cash payment of the coupons and/or discounts is not possible.

5. Booking via the Click & Collect Platform

5.1 The presentation of items on the Click & Collect Platform does not constitute a legally binding offer.

5.2 The Customer can select products, in particular food and beverages, from the Setur's range of products and collect them in a so-called shopping cart via the button “add to shopping cart”. By clicking on the button “reserve for collection”, the Customer submits, after selecting one of the Setur Shops at Cologne/Bonn Airport, a binding reservation request for the items in the shopping cart. Before submitting the reservation, the Customer can change and view the data at any time. However, the application can only be submitted and transmitted to if the Customer has accepted these contractual terms and conditions by clicking on the “Accept General Terms & Conditions” button and has thereby included them in his/her request.

5.3 Setur shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's reservation and travel data are listed again and the Customer is assigned an order number. The Customer can print out the confirmation of receipt using the “print” function. The automatic confirmation of receipt merely documents that Setur has received the Customer's reservation and does not constitute acceptance of the request.

6. Collection times, availability of goods

6.1 Pick-up times quoted by Setur are calculated from the time of Setur’s reservation confirmation. The Click & Collect reservation must be made at least 24 hours and up to 30 days before the departure time of the Customer’s plane in order to be considered by Setur.

6.2 If the product is permanently unavailable, Setur will not make a reservation and inform the Customer about this.

6.3 If the product reserved by the Customer is only temporarily unavailable, Setur will also inform the Customer of this immediately.

7. Payment and collection of the order at the checkout

7.1 After checking and ascertaining the availability as well as the compilation and provision of the items at the Setur Shop selected by the Customer, the Customer receives a Click & Collect pick-up confirmation by e-mail. The Click & Collect pick-up confirmation contains the reservation number, a signpost to the checkouts and a link to the personal Customer area on the Click & Collect Platform where the status of the reservation can be called up at any time.

7.2 The Click & Collect pick-up confirmation does not constitute acceptance of a contract offer. The conclusion of the purchase contract is only concluded when the reservation is paid for by the Customer and handed over at the checkout of the relevant Setur Shop.

7.3 Reservations can only be made for a Setur Shop at Cologne/Bonn Airport selected by the Customer. Reservations can only be collected and paid for in the Setur Shop selected by the customer.

7.4 The Customer can cancel the reservation at any time. Setur will confirm the cancellation to the Customer immediately by e-mail. Changes are unfortunately not possible. However, a new reservation is possible at least 24 hours before departure of the Customer’s planned flight.

7.5 The Customer is under no obligation to collect or purchase the reserved items. If the Customer does not collect the items by the initially scheduled departure time of his/her flight, the reservation will be cancelled by Setur, regardless of whether the flight has been postponed or cancelled.

8. Prices

8.1 All prices stated in the Click & Collect Platform are inclusive of the applicable statutory VAT, provided that VAT is payable on the Customer's sale in accordance with statutory provisions.

8.2 If an item price on the Click & Collect Platform differs from the price at the checkout of the selected Setur Shop at the time of purchase, the price at the checkout of the Setur Shop applies.

9. Payment modalities

9.1 The Customer can only make the payment at the checkout of the selected Setur Shop.

10. Warranty for material defects, guarantee

10.1 Setur is liable for material defects in accordance with the statutory provisions applicable to this, in particular §§ 434 et seq. German Civil Code (Bürgerliches Gesetzbuch, BGB). The warranty period for items sold by Setur to entrepreneurs is 12 months.

10.2 An additional guarantee only exists for the items sold by Setur if this was expressly given in the reservation confirmation or pick-up confirmation for the respective item.

11. Liability

11.1 Claims of the Customer for damages are excluded. Excluded from the limitation of liability are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (Kardinalpflichten) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Setur, its legal representatives or vicarious agents. Material contractual obligations or cardinal obligations are those whose fulfilment is necessary to achieve the objective of the contract.

11.2 In the event of a breach of material contractual obligations, Setur shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

11.3 The restrictions of sections 11.1 and 11.2 shall also apply in favour of the legal representatives and vicarious agents of Setur if claims are asserted directly against them.

11.4 The limitations of liability resulting from sections 11.1 and 11.2 do not apply insofar as Setur has fraudulently concealed a defect or has assumed a guarantee for the quality of an item. The same applies insofar as Setur and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

12. Final provisions

12.1 The law of the Federal Republic of Germany shall apply to contracts between Setur and the Customer with the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has his habitual residence as a consumer, shall remain unaffected.

12.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and Setur shall be the registered office of Setur.

12.3 These General Terms and Conditions shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the General Terms and Conditions as a whole contract shall become ineffective.

12.4 Setur is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

 

 

Status: 01.06.2023