Terms and conditions of use
1. APPLICATION
(1) We supply exclusively to commercial resellers.
(2) The following delivery and payment conditions are valid only in the conduct of business (within the meaning of § 14 BGB), legal persons under public law and public special assets.
(3) Notice General Terms and Conditions apply to all current and future business relations.
(4) We hereby object to the terms and conditions of the buyer. Deviating regulations are for us only binding if we expressly acknowledge them in writing.
2. OFFER AND CONCLUSION
(1) In our catalogs and sales documents and included in the Internet offers are always subject to change. Patterns are non-binding samples for inspection. Price changes and errors excepted.
(2) A contract is only then concluded when we have accepted the order. The order acceptance may be made by delivery and accounting. Then the bill is considered as order confirmation. Handed order copies do not constitute an order confirmation.
(3) Are we after the conclusion of facts, especially delay of payment for earlier deliveries, we are entitled to demand advance payment or provide appropriate security and to withdraw from the contract in case of refusal, the invoices for partial deliveries already made immediately due be.
(4) We have the right to rescind the contract if its fulfillment encounters technical or commercial difficulties which are insurmountable or its elimination would require compared to the value of the goods to be delivered at reasonable expense.
3. DELIVERY TIMES AND DEFAULT
(1) Delivery times are only approximate agreed. For goods that we do not produce ourselves is correct and timely delivery reserved. A delivery time is reasonably extended in cases of force majeure and all unforeseen obstacles occurring after conclusion of the contract, we are not responsible. This is true even if these obstacles occur at our suppliers.
(2) The purchaser can demand a declaration from us whether we intend to withdraw or deliver within a reasonable period. We do not explain ourselves immediately, the buyer may withdraw.
(3) Claims for damages are excluded in these cases. We are only liable for its own negligence and that of our agents. For delayed or omitted due to the fault of our suppliers deliveries, we assume no liability. However, we are obliged to assign any claims against the suppliers to the buyers.
(4) If we find that a delivery delay, the buyer may withdraw from the contract if he has set us a reasonable grace period of at least two weeks and within this grace the goods or the display has been sent through a delivery readiness. From the delay in delivery or from the delivery delay, the buyer can not derive any claims for damages against us, unless that exceeding the deadline is based on intent or gross negligence.
4. TRANSPORT AND TRANSFER OF RISK
(1) shipping route and are -means, unless otherwise agreed, at our discretion. The same applies to the packaging, which is based on transport technical and environmental point of view.
(2) We deliver within Germany from 600, - € free shipping, less than 600, - € we charge depending on volume and weight proportionate freight costs to a maximum of 35, - €. Island freight are payable by the buyer. For shipments abroad we provide from 600, - frontier.
(3) If delivery is on EUR pallets are Pallet Exchange. Case of lack of pallet exchange, we calculate the euro pallet.
(4) We are entitled to deliver partial deliveries in economically appropriate size and to calculate each partial delivery for themselves. Each partial delivery is considered a separate business in itself.
(5) For the transfer of risk, the statutory provisions (§ 447 BGB), regardless of whether the shipment is carried out by the performance and who bears the freight costs. By handing over the goods to the carrier, the risk of delivery is transferred to the Client.
(6) If the shipment is delayed at the request or fault of the buyer, the goods are stored at the expense and risk of the buyer.In this case, the display of goods are ready for dispatch. With storage the invoice is due immediately.
(7) In order to protect the goods during transport, we insure shipments for 0.8% of the value.
5. PRICES AND PAYMENT
(1) Our prices are net prices. Prices are in EUR exclusive of VAT and freight charges may occur.
(2) is to take place more than 4 months after conclusion of the delivery, we are with price increases of our suppliers, unexpected increases in wages and transport costs, currency fluctuations related from abroad products or product parts entitled to price increases in the proportion in which the price increase has been made for us.
(3) The payment is due within 30 days after the invoice date.For payment within 10 days, we grant 2% discount. When debit and immediate payment, we grant a 3% discount.
(4) Payments shall always be used to settle the oldest payable accounts plus any default interest incurred. Any discount pledge applies only in the event that the buyer is not the payment of previous deliveries in arrears. A discount is also excluded when changing payment. (5) Payments in so-called. Check exchange procedures always require special agreement. Credits for bills and checks shall be less expenditure with value date on the day on which the buyer can dispose of the equivalent value.
(6) Interest shall be calculated at 8% per annum above the base rate. They are higher or lower if we prove a burden with a higher interest rate or the buyer a lower burden.
(7) overdue fines are 5 Euros for each reminder.
6. CONDITIONS RELATING TO OUR CASH & CARRY MARKET
(1) For the Abholmarkt special conditions which may differ from Zustellgeschäft apply. We have positioned ourselves as a partner to the trade. To protect our customers, we reserve the right to restrict the circle of customers.
(2) The minimum purchase per purchase is 200, - Euro net. If the annual turnover over 600, -Euro net, the minimum purchase is eliminated.
(3) With a turnover of over 600, - Euros net per year, we create an account for you. An Account allows you to pay by invoice. You will also receive regular invitations and catalogs sent.
(4) As a regular player with a turnover above 600, - Euro you will get with immediate entrainment of the goods pick-up discount of 5%.
(5) We reserve the right, at below the minimum purchase, you . to withdraw authorization Shopping
(6) If you wish to deliver the goods, we will deliver the goods against a service fee of 35, - Euro from.
7. RETENTION OF TITLE
(1) We reserve title to the delivered goods until full payment of all claims from the contract before. This also applies to all future deliveries, even if we do not always refer to this. We are entitled to the goods to take back if the buyer breaches the contract.
(2) The buyer is obliged, as long as the ownership has not been transferred to him to treat the goods with care. In particular, he is obligated to insure them at his own expense against theft, fire and water damage at the new value. As long as ownership has not been transferred, the purchaser will have to be notified immediately in writing if the delivered goods are seized or other interference by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a successful action under § 771 ZPO, the buyer is liable for the loss incurred by us.
(3) The purchaser is entitled to resell the reserved goods in the ordinary course of business. The claims of the buyer arising from the resale of the goods the buyer shall already now to us in the amount of the mutually agreed final invoice amount (including VAT). This assignment shall apply regardless of whether the purchase item has been resold without or after processing. The purchaser shall remain entitled even after the assignment to collect the receivable. Our authority to collect the claim itself remains unaffected. However, we will not collect the claim as long as the buyer meets his payment obligations from the proceeds collected, is not in arrears and in particular no petition is filed for the commencement of insolvency proceedings or suspension of payments.
(4) The processing or transformation of the goods by the buyer is always carried out in the name and on our behalf. In this case, the expectant right of the purchaser continues to the goods at the transformed item. If the purchased item is processed with other items not belonging to us, we acquire joint ownership of the new item in proportion of the objective value of our goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the buyer's object is to be regarded as the main item, is deemed agreed that the buyer transfers proportional joint ownership to us and keeps the sole ownership or co-ownership for us. To secure our claims against the buyer, the buyer shall also assigns such claims to us on it by the connection of the conditional commodity grown with a plot against a third party; we accept this assignment already now.
(5) We undertake to release the securities we are entitled to the purchaser's request if their value exceeds the secured claims by more than 20%.
8. Complaints and Warranty
1) Warranty rights of the customer presuppose that this is his due under § 377 HGB inspection and complaint properly fulfilled. Defects in a part of the goods delivered not entitle the purchaser to reject the entire delivery.
(2) The buyer must examine the goods received immediately after arrival on quantity and quality. Obvious and / or recognized defects, short deliveries and wrong deliveries are not later than within 8 days in writing in any case before processing.
(3) If the buyer defects in the goods supplied determined, he may not dispose of them, that they may not be shared resold, or further processed, until an agreement on the settlement of the claim is made.
(4) The buyer has to give us the opportunity to examine the complaints, in particular to make the rejected goods available; in case of culpable refusal, the warranty is void. The test must be carried out as a rule at least 30 days after the complaint.
(5) In case of justified complaints we are entitled, in consideration of the defect and the legitimate interests of the buyer the nature of the supplementary performance (replacement, repair) determine. If no replacement or repair within six weeks, the buyer may insist on price reduction or cancellation of the contract. Further, as the rights given here, especially claims for damages, such trapped for defects consequences, and for breach of replacements or duty, the buyer is not entitled to, unless the defect in the goods or the violation of our warranty obligation on intent or gross negligence based.
(6) The measures necessary for subsequent performance, in particular transport and infrastructure costs are borne by us, so far as they are based on that the purchased goods have been transported to the delivery to a place other than the professional activity or commercial branch establishment of the recipient ; unless the transfer corresponds to the intended use of the goods.
(7) About one entering in a consumer warranty claim, the buyer must inform us immediately.
(8) Claims for defects expire 12 months. This does not apply if the law pursuant to § 479 BGB (recourse) prescribes longer periods. Claims for damages section applies 8 (General Limitation and Liability before product risks).
(9) Since most products are handmade and natural products are, fluctuations and variations in the appearance of the goods are inevitable.Therefore, the tolerance range in terms of quality, color, goods labeling, form, packaging, appearance, usability, etc. outside the usual norm.
(10) Returns are basically agreed with us. The buyer must provide an unbreakable packaging of the goods. Goods must be in original packaging and be in a salable original condition. Excellent from the buyer goods are no longer located in its original state.
(11) Unfounded and not collusive returns will be returned at the customer's expense.
9. GENERAL LIMITATION OF LIABILITY AND CONTENTS OF PRODUCT HAZARDS
(1) compensation and reimbursement claims of the buyer (hereafter claims for damages), irrespective of the legal reason, including infringement of duties arising from a contractual relationship and tort are excluded.
(2) This does not apply in cases of adoption a guarantee or a procurement risk.
(3) This also does not apply if liability is mandatory, eg according to the Product Liability Act, in cases of gross negligence, injury of life, body or health, as well as breach of contract.
(4) The claim for damages for breach of fundamental contractual obligations is limited to typical, foreseeable damage, the extent that we no gross negligence or liability for injury to life, limb or health. A change in the burden of proof to the detriment of the buyer is not connected.
(5) This rule applies to the buyer accordingly.
(6) Liability against product risks: damage occurs from one of the supplied goods adhering danger, this danger may be due to a defect in the goods based or be associated with their contractual condition, or damage arises from the fact that it has been warned of this danger is not, or insufficiently, the injured party may not assert against us the fact about entailed for him Schadenseratzanspruch unless that our management or one of our employees has the damage caused by intent or negligence.
10. PRIVACY
(1) The purchaser is hereby informed that we process the recognized within the business relationship personal data only in accordance with the provisions of the Federal Data Protection Act. 11th BILATERAL AGREEMENTS (1) all commitments and appointments, as well as all kinds changes, also by telephone, telegraphic, telex or taken via email agreements, the conditions are in conflict with any of the above or beyond the same, require if they are to apply, a express written confirmation.
11. BILATERAL AGREEMENTS
(1) all commitments and appointments, as well as all kinds changes, also by telephone, telegraphic, telex or taken via email agreements, the conditions are in conflict with any of the above or beyond the same, require if they are to apply, a express written confirmation.
12. PLACE OF PERFORMANCE, JURISDICTION, APPLICABLE LAW
(1) The exclusive place of performance for all services arising from the purchase agreement and the exclusive jurisdiction for both parties (for bills and checks) is 27753 Delmenhorst. However, the seller is entitled to sue the buyer also at the venue of his seat.
(2) The contractual relationship is governed exclusively by the laws of the Federal Republic of Germany law, excluding the CISG.
(3) Severability. Should any of these standard conditions of sale, for whatever reason, be or become invalid, the validity of the remaining shall remain provisions.
(4) The patterns are our own developments and our intellectual property. Counterfeiting is illegal. Forwarding to third parties without our prior written consent is prohibited in any case. The patterns also remain physically our property.
Stand: September 2013