General Terms and Conditions for Business Customers (B2B)

1. Scope and customers

These General Terms and Conditions apply to all orders and contracts concluded via the Mr. Tartufo online shop or by WhatsApp, telephone or email.

The contracting party is:

Mr. Tartufo
Owner: Rosario Gulisano
Moritzplatz 4
47803 Krefeld
Germany

Phone: +49 176 43694418
Email: info@mrtartufo.de
VAT ID: DE328733539

Mr. Tartufo sells exclusively to businesses within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law, in particular restaurants, hotels, catering, delicatessens, resellers and wholesalers. No sales are made to consumers within the meaning of § 13 BGB.

By placing an order, the customer confirms that they are acting in the course of their commercial or independent professional activity. Mr. Tartufo may request suitable proof of business status (e.g. trade registration or VAT ID) and may refuse orders without such proof.

Deviating, conflicting or supplementary terms of the customer shall not become part of the contract unless Mr. Tartufo expressly agrees to them in writing.

2. Conclusion of the contract

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.

The customer can select products and place them in the shopping cart. Before completing the order, the customer can check and correct their entries.

By clicking the final order button, the customer submits a binding offer to purchase the goods in the cart. Orders placed by WhatsApp, telephone or email are also binding offers.

The contract is concluded when Mr. Tartufo expressly confirms the order, sends a request for payment or dispatches the goods.

3. Products and natural characteristics

Mr. Tartufo sells in particular fresh truffles as well as truffle products and other delicatessen.

Fresh truffles are natural products. Variations in shape, colour, size, weight, ripeness, aroma, texture and appearance may occur naturally.

Such natural variations do not constitute a defect, provided the goods correspond to the agreed type, quality and usability.

Fresh truffles lose weight through natural evaporation. Minor weight deviations are therefore customary in the trade.

4. Availability and season

Fresh truffles are seasonal natural products. Availability, quantities, sizes and prices may change at short notice.

Fresh truffles are not sold in advance. Before the goods arrive, only a non-binding reservation (e.g. via WhatsApp) is possible; a contract is only concluded once Mr. Tartufo has confirmed quantity and price.

If ordered goods unexpectedly cannot be delivered, Mr. Tartufo will inform the customer without delay. Payments already made for undeliverable goods will be refunded unless a replacement delivery is agreed.

5. Prices and VAT

All prices are net prices in euros plus the applicable statutory VAT and plus shipping costs.

Prices for fresh truffles are daily or weekly prices and may change with each new harvest. The price displayed at the time of ordering or confirmed by Mr. Tartufo applies.

For deliveries to businesses in other EU member states with a valid, qualified-confirmed VAT identification number, the delivery may be made VAT-exempt as an intra-Community supply. The customer must provide a valid VAT ID and inform Mr. Tartufo of any changes without delay. If the requirements are not met, German statutory VAT will be charged.

Individual prices, volume prices and special conditions may be agreed with business customers.

For deliveries outside the European Union, additional customs duties, import charges, official fees or other levies may apply. These are borne by the recipient unless expressly agreed otherwise.

6. Payment terms

The payment methods available in the online shop (currently PayPal, credit card and payment in advance by bank transfer) are shown to the customer during the ordering process.

Mr. Tartufo may make individual payment methods subject to certain conditions, in particular require payment in advance for first orders.

Individual payment terms may be agreed with business customers. In the event of late payment, the statutory provisions for transactions between businesses apply (§ 288 (2) and (5) BGB).

Set-off is only permitted with undisputed or legally established counterclaims.

7. Delivery and shipping

Delivery is made to the delivery address provided by the customer when ordering.

Within Germany, goods are shipped by UPS Express at a flat shipping rate of €15.00 plus VAT per order. For deliveries to other EU member states, shipping costs are calculated based on the delivery address and the weight and size of the parcel and are shown during the ordering process.

As fresh truffles are perishable food, shipping takes place as promptly as possible with a short transport time. Delivery times (usually approx. 24 hours after dispatch on working days) are non-binding unless a fixed delivery date has been expressly agreed.

The customer ensures that the parcel can be accepted at the delivery address during normal business hours.

If a delivery cannot be made due to an incorrect or incomplete address, unavailability of the recipient or refusal to accept, the customer bears the resulting additional costs and the risk of quality loss of the goods.

8. International deliveries

Deliveries are made within Germany and to the member states of the European Union, insofar as shipping the goods to the destination country is legally and practically possible.

The customer is responsible for observing the regulations applicable to import and distribution in their country.

Mr. Tartufo may refuse or cancel orders if lawful or reasonable delivery to the country concerned is not possible.

9. Transfer of risk

The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the carrier (§ 447 BGB).

10. Duty to inspect and give notice of defects

The inspection and notification duties under § 377 HGB (German Commercial Code) apply to the customer.

Because fresh truffles are perishable, the customer must unpack, inspect and properly refrigerate the goods immediately upon receipt. Obvious defects, quantity deviations and transport damage must be reported to Mr. Tartufo without delay, at the latest within 24 hours of receipt, in text form (e.g. by WhatsApp or email) with meaningful photos. Hidden defects must be reported without delay after discovery.

If the customer fails to give timely notice, the goods are deemed approved.

11. No right of withdrawal

As Mr. Tartufo sells exclusively to businesses, there is no statutory right of withdrawal. Ordered goods will not be taken back unless they are defective or something else has been expressly agreed.

12. Warranty

In the event of defects, Mr. Tartufo is entitled, at its discretion, to remedy the defect, make a replacement delivery or issue a credit note. If subsequent performance fails, the customer may withdraw from the contract or reduce the purchase price in accordance with the statutory provisions.

The condition of the goods at the time of transfer of risk (section 9) is solely decisive for their quality. Fresh truffles and other perishable foods are subject to a natural ageing and ripening process; no guarantee of shelf life or freshness beyond the time of transfer of risk is given. Natural changes after delivery (e.g. weight loss, loss of aroma, softening) and natural variations of a natural product that do not affect the agreed quality and usability do not constitute a defect.

Damage or quality loss arising after handover due to improper storage, delayed acceptance or improper handling does not give rise to liability for defects on the part of Mr. Tartufo.

Claims for defects only exist if the customer has complied with the duty to inspect and give notice under section 10 (notice at the latest within 24 hours of receipt). The limitation period for defects notified in time is the statutory minimum permissible in general terms and conditions (one year from delivery); this does not apply to claims for damages under section 14 or in cases of intent and fraudulent concealment. The limitation period does not constitute a guarantee of the shelf life of the goods.

13. Retention of title

The delivered goods remain the property of Mr. Tartufo until all claims arising from the ongoing business relationship have been settled in full.

The customer is entitled to process and resell the goods in the ordinary course of business. The customer hereby assigns to Mr. Tartufo all claims arising from the resale in the amount of the invoice; Mr. Tartufo accepts the assignment.

14. Liability

Mr. Tartufo is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health and under the Product Liability Act.

In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the damage typically foreseeable at the time the contract was concluded. Otherwise, liability for slight negligence is excluded.

Mandatory statutory liability provisions remain unaffected.

15. Individual B2B agreements

Individual agreements may be made with restaurants, hotels, wholesalers, resellers and other business customers, in particular regarding minimum quantities, weekly quantities, grading, sizes, packaging, delivery frequency, prices, payment terms and shipping conditions.

Individual agreements take precedence over these terms.

Due to short-term market, price and availability fluctuations, offers for fresh truffles are only valid for the period stated.

16. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Krefeld. Mr. Tartufo is also entitled to sue the customer at their general place of jurisdiction.

17. Dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

18. Final provisions

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.

The relevant statutory provisions shall apply in place of invalid provisions.

The German version of these terms is legally binding.

Last updated: October 2026