General terms and conditions and Cancellation policy




I. General provisions

1. Scope / general terms and conditions

1.1 The company Saint Louis GmbH, Deutzer Freiheit 89, 50679 Cologne, Germany, (hereinafter referred to as "Provider" or "we") is the operator of the Internet presence provided at www.st-louis-breakfast.com through which users (hereinafter referred to as "Guest") can make reservations, event bookings and voucher purchases, among other things.

1.2 For the use of the offer under www.st-louis-breakfast.com as well as all contractual relationships concluded between us and the user, the following General and Special Terms and Conditions shall apply exclusively in the version valid at the time of use or conclusion of the contract. Deviating terms and conditions of the guest or third parties are not recognized, unless we expressly agree to their validity in writing.

1.3 Contract texts are not stored. However, the current version of the General Terms and Conditions can be printed and saved at https://st-louis-breakfast.com/index.php?site=agb printable and storable.

1.4 The contractual language is German.

2. Warranty

Unless expressly agreed otherwise, the statutory warranty for defects shall apply to the use of the platform.


3. Limitation of liability

3.1 The Supplier shall be liable for damages or reimbursement of futile expenses without limitation
• in the event of intent or gross negligence,
• for injury to life, limb or health,
• in accordance with the provisions of the Product Liability Act as well as
• to the extent of any warranty assumed by the supplier
• in the case of claims due to the absence of warranted characteristics
• in the event of fraudulent intent on the part of the supplier.

The same shall apply in the event of default on the part of the Provider for claims to interest on arrears, to the lump sum for default pursuant to Section 288 (5) of the German Civil Code (Bürgerliches Gesetzbuch - BGB) and to compensation for the damage caused by the default, which is based on the costs of legal action.

3.2 In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of the Provider shall be limited to the amount of the damage that is foreseeable and typical for the type of transaction in question. The same shall apply in the event of the Provider's default or an impossibility of performance for which the Provider is responsible.

3.3 The Provider shall not be liable for damages caused by force majeure or comparable events. Comparable events are in particular strikes, official orders, pandemics, epidemics, the failure of telecommunications networks and disruptions in the area of other telecommunications or service providers.

3.4 The Provider shall have no further liability.

3.5 The aforementioned limitation of liability shall also apply to the personal liability of the Provider's employees, representatives and organs and vicarious agents.

4. Online dispute resolution

The provider hereby refers the guest to the online dispute resolution (OS) site of the European Commission with the following link: https://ec.europa.eu/consumers/odr/. The e-mail address of the provider is info@st-louis-breakfast.com.

5. Consumer dispute resolution

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 26 para. 1 no. 1 VSGB).

6. Final provisions

6.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. With regard to the legal relationships with consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

6.2 The place of jurisdiction shall be Cologne, Germany, if the contracting parties are merchants, legal entities under public law or special funds under public law. However, the provider is also entitled to sue the customer at his general place of jurisdiction. This shall not apply if mandatory statutory provisions within the meaning of Articles 24, 25 or 26 EuGVVO in the version of 12 Dec. 2012 conflict therewith.

6.3 Should a provision be wholly or partially invalid or later lose its legal validity, this shall not affect the validity of the remaining provisions. If the contract contains a loophole, the same shall apply.


II. Special conditions for table reservations
1. Reservations

Table reservations made by e-mail, telephone or via our reservation platform are only binding if all information, in particular the contact details requested, are correct and we have confirmed the reservation by e-mail. If the guest uses our online reservation, he must first select his desired date, the desired area, time and number of people. If the desired date is available, the information marked as mandatory in the contact form must be provided (name, e-mail address, etc.). After accepting the terms and conditions by clicking on the appropriate box, the reservation can be checked. A correction is possible by clicking the arrow button ("back"). It is possible to cancel the reservation by closing the browser. By clicking on the button "Complete Reservation" the guest submits a binding reservation request, which we accept by confirming the reservation by e-mail. The contract for the table reservation is concluded upon receipt of our confirmation e-mail.

2. Reservation period

We grant guests a period of 1.5 hours in case of an effective reservation, as we would like to give other guests the opportunity to visit our location as well.

3. No-show despite reservation

If the guest does not show up at the time of reservation despite having made a reservation, the reservation expires and we reserve the right to assign the table to someone else.

4. Scope of online reservation

Online reservations are limited to a maximum of 8 people. The reservation must correspond to the number of actual guests. If guests do not appear despite a binding reservation, we reserve the right to assert claims for damages.

5. Conditional reservation

For the sake of order, we would like to point out that the table reservation is subject to the proviso that the regulations of the Law on the Prevention and Control of Infectious Diseases in Humans (IfSG) and the relevant regulations of the CoronaSchVO NRW applicable at the time of reservation must be observed by the guests.

III. special conditions for event bookings

1. Conclusion of contract for event bookings

Our offers on the Internet, within the framework of online booking systems, in brochures or notices for booking an event are merely an invitation to the guest to make non-binding inquiries to us so that we can check free capacities. If we have free capacities, we reserve our restaurant and send an offer by e-mail. A binding contract for an event booking is only concluded when the guest accepts our offer at least in text form (e.g. by e-mail). The binding period of our offers can be found in the offer itself.

2. Prices / payment for event booking

Prices and terms of payment result from our offer. They are quoted in euros and include the statutory value-added tax.

IV. Special conditions for the purchase of vouchers

1. Conclusion of contract for the purchase of vouchers

We offer the possibility to purchase value vouchers via our website. Vouchers cannot be exchanged for cash. Vouchers are not personal and therefore transferable. Our voucher offers are binding offers for the purchase of a voucher by the guest. If the guest wishes to purchase a voucher, he can first configure it without obligation. This is done by selecting the desired amount, information about the donor, the recipient and if necessary a message to the recipient. The mandatory fields in the order form (first and last name and e-mail address) must then be completed and the payment method selected. In the order overview, the guest can check his data and information. The termination of the order process is possible at any time by closing the browser. Corrections can be made using the arrow button ("back"). After accepting the terms and conditions by clicking the appropriate box and clicking the button "Buy Voucher", a chargeable and binding contract for the purchase of the voucher is concluded with us.

2. Payment

Payment is made via PayPal, instant bank transfer or credit card.

2.1 PayPal
If payment method PayPal is selected, the guest will be redirected to the website of the online provider PayPal after conclusion of the contract. There he can enter his payment details and confirm the payment instruction to PayPal. In this respect, PayPal will be requested by the provider to initiate the payment transaction immediately after the order.

2.2. Credit card
By selecting the payment method credit card, the guest submits his necessary credit card data. After the legitimation as a legitimate cardholder, the provider requests the credit card company to initiate the payment transaction (charge your credit card). The guest will receive more detailed information on the payment transaction from the credit card issuing financial institution.

2.3 Instant bank transfer (Klarna)

Klarna Sofort-Überweisung is a free payment method with the TÜV certificates "Tested data protection" and "Tested payment system", which can be used without additional registration. The only requirement is an activated online banking account with PIN/TAN procedure. After the guest has selected the payment method Sofort-Überweisung, a payment form that is not accessible to the provider is loaded for the payment in compliance with the highest security standards. After entering the access data (account number, bank code, password) for online banking, the guest must confirm the transaction by TAN as with a regular bank transfer. Upon completion of the transfer process, the voucher amount is automatically transferred.

3. Delivery

The voucher is delivered with the order confirmation in the form of a digital (anonymous) QR code, which we send immediately after purchase to the email address given to us. The readability of the QR code by a standard smartphone is a prerequisite for use. The voucher QR code must be presented when redeeming.

Vouchers are also partially redeemable. They may not be duplicated or manipulated in any other way.

4. Validity of vouchers

Unless otherwise agreed, vouchers are valid for 3 years. The period begins at the end of the year (Dec 31) in which the voucher was purchased. Vouchers are immediately redeemable upon receipt.

V. Special conditions for online orders for the purpose of collection („CLICK & COLLECT“)

1. Conclusion of contract

We offer via our website the possibility to order food and beverages online and then pick them up yourself („click & Collect“). The presentation of the products on the website represents binding offers for purchase. If the customer wishes to order food and / or beverages, this is done by selecting the desired pick-up time (date and time) via the buttons "Today" or "Different day" and "Select time" or "Fastest possible", by selecting the desired food and / or beverages via the button "Add", clicking the symbols + and - to specify the number and quantity and clicking the button "Confirm" to select products. After successful selection, the customer clicks on the button "Basket cart" to get to the overview page of his order. Here he can check the order. He can make a correction of his order at any time via the +/- field as well as the X field, with which the products are removed from the shopping cart.
The termination of the ordering process is possible at any time by closing the browser. Corrections can also be made via the arrow button ("back"). A binding acceptance of our offer is only made when the buyer has gone through the order process provided by entering the information requested there about himself, has accepted our terms and conditions, has selected the desired payment method and has clicked the button "Pay now" has been clicked. By clicking the "Pay now" button, a contract with costs is concluded for the order. Following the order, the buyer must go through the respective payment process and provide necessary information, which is requested by form.
After conclusion of the contract, the customer will immediately receive a confirmation of receipt of his order by e-mail.

2. Payment

Payment is made via PayPal, instant bank transfer or credit card.

2.1 PayPal
If the payment method PayPal is selected, the guest will be redirected to the website of the online provider PayPal after conclusion of the contract. There he can enter his payment details and confirm the payment instruction to PayPal. In this respect, PayPal will be requested by the provider to initiate the payment transaction immediately after the order.

2.2. Credit card
By selecting the payment method credit card, the guest submits his necessary credit card data. After the legitimation as a legitimate cardholder, the provider requests the credit card company to initiate the payment transaction (charge your credit card). The guest will receive more detailed information on the payment transaction from the credit card issuing financial institution.

2.3 Instant bank transfer (Klarna)

Klarna Sofort-Überweisung is a free payment method with the TÜV certificates "Tested data protection" and "Tested payment system", which can be used without additional registration. The only requirement is an activated online banking account with PIN/TAN procedure. After the guest has selected the payment method Sofort-Überweisung, a payment form that is not accessible to the provider is loaded for the payment in compliance with the highest security standards. After entering the access data (account number, bank code, password) for online banking, the guest must confirm the transaction by TAN as with a regular bank transfer.

3. Collection

Upon presentation of the confirmation of receipt of his order, it can be picked up on site at the selected pick-up time. The order will be kept ready for at least one hour after the pick-up time.


VI. Rights of withdrawal for consumers

1. Event bookings

With regard to our event bookings, there is no right of withdrawal for consumers.

2. Voucher purchase and online orders with pickup.

2.1 Furthermore, the customer may not revoke the order insofar as the delivery of goods is concerned,
• which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g para. 2 No. 1 BGB);
• that can spoil quickly or whose expiration date would be quickly exceeded (§ 312g para. 2 No. 2 BGB);
• which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB);
• if these have been inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4 BGB);
• Contracts for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence, (Section 312 g (2) No. 5 of the German Civil Code).

2.2 For orders or parts of orders that do not fall under the above exclusions (e.g. for the purchase of vouchers), the customer shall be entitled to a right of withdrawal if the customer is a consumer within the definition of § 13 BGB. A "consumer" is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.



Cancellation policy


Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Saint Louis GmbH, Deutzer Freiheit 89, 50679 Köln, phone number: +49 (0)221-16842810, e-mail address: info@st-louis-breakfast.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

Model withdrawal form for Article 246a § 1 (2) sentence 1 number 1 and § 2 paragraph 2 number 2 EGBGB.

Sample cancellation form

If you want to cancel the contract, please fill out this form and send it back.

To: Saint Louis GmbH, Deutzer Freiheit 89, 50679 Köln, telephone number: +49 (0)221-16842810, e-mail address: info@st-louis-breakfast.com


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) /provision of the following service (*)

Ordered on (*) /received on (*) :

_________________________________________________

Name of consumer(s):

_________________________________________________

Address of the consumer(s):

_________________________________________________

Date : ---------

Signature of the consumer(s) (only in case of notification on paper)



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(*) Delete as applicable.

- End of the cancellation policy-

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