Conditions

AGB

 General Terms of Delivery


Scope
The following delivery and payment conditions apply exclusively to all deliveries. We shall not recognize any conflicting or deviating terms, unless we have expressly agreed to their validity. Our terms of delivery and payment also apply if we carry out the delivery to the customer unconditionally in the knowledge of contradictory or deviating conditions.

Contract conclusion - Rescission before the agreed delivery date
  1. Our offers are non-binding. A contract shall be concluded only if we confirm the order in writing, verbally or by telephone, and the customer has paid the advance payment to us, insofar as such has been expressly requested. An oral or telephonic order confirmation is only available if the customer is informed that the order is confirmed and a written confirmation of the order - in particular due to short delivery times - will be omitted.
  2. The content and scope of the contract are governed by our order confirmation.
  3. The minimum order value is EUR 100.00. All prices are exclusive of VAT.
  4. We charge a surcharge of 15% for deliveries on Sundays, Rosenmontag and Fastnachtsdienstag on Sundays, on holidays, Christmas Eve, New Year 's Eve, a 30% surcharge on the delivery of goods and all services.
  5. In the case of an order value of up to EUR 500.00 excluding VAT, the customer can withdraw from the contract within a period of six working days before the agreed delivery date, without any costs being billed to him.
  6. If the customer declares withdrawing from the contract after the expiry of the period specified in clause.2.5 or exceeds the order value of EUR 500.00, he is obliged to pay the agreed remuneration less the expenses saved as a result of non-delivery.
  7. For the calculation of the deadlines specified in points 2. 4 and 2.5, the access of the withdrawal declaration shall be decisive for us.
  8. The right of the customer to withdraw from the contract due to defects remains unaffected.

Delivery - transfer of risk - acceptance obligation
  1. The goods ordered will be delivered by us to the agreed delivery address. The costs for the delivery will be invoiced separately to the customer according to our delivery costs.
  2. The agreed delivery dates are binding.
  3. By sending the goods to the customer on the agreed date, the risk of loss, damage, reduction or deterioration will pass to the customer.
  4. The customer is obliged to accept the delivered contractual goods at the agreed delivery date. The acceptance obligation also exists if the goods have insignificant defects.
  5. If the customer does not accept the delivered contractual goods at the agreed date, he has to replace our additional costs resulting from the delivery attempt.
  6. If the customer does not accept the goods again after expiry of a deadline set by us, we are entitled to withdraw from the contract and / or demand compensation. Our right to demand compensation for the extra costs in case of default with acceptance of the goods shall remain unaffected.
  7. The customer shall be in default even if he is willing to accept the delivered goods but does not offer the agreed remuneration.

Recovery obligation
  1. Crockery, cutlery, glasses, bottles, boxes and other equipment remain our property and must be provided by the customer at the agreed date of return completely.
  2. If the customer gives us the information in section 4.1. Are not properly available on the agreed date of return, we are entitled to demand replacement of the extra charges. The right to assert further default damages shall remain unaffected.
Obligation to investigate - Deficiency claims
  1. The customer can only assert claims for deficiencies, as far as he has properly complied with his investigation and complaint obligations pursuant to § 377 HGB. This applies only if the customer is a merchant in the sense of the Handelsgesetzbuch.
  2. In the event of a defect in the goods, we are obliged, at our discretion, to supplement the defect or to supply new, defect-free goods. If the supplementary performance fails, the customer has the right to withdraw from the contract or to demand a reduction. The rescission is excluded if there is only a negligible breach of duty on our part.
Retention of title
  1. All delivered goods - with the exception of unpacked food - remain our property until full payment of all claims arising from the business relationship with the customer. In the case of current invoices, the reserved property is considered as collateral for our balances.
  2. The customer is entitled to use or resell the delivered goods within the scope of his regular business.
  3. In the case of resale, the customer already assigns to us all claims with all privileges which arise for him through the resale. This applies without regard to whether he sells the reserved goods unprocessed, processed or processed together with other items. If the sale is carried out together with goods not belonging to us, the assignment shall only apply to the value of the reserved goods. The value is measured according to our sales prices.
  4. Handling and processing of the reserved goods always takes place for us as a manufacturer within the meaning of § 950 BGB, but without obliging us to do so. The processed goods are regarded as reserved goods within the meaning of these conditions. If reserved goods are processed or inseparably mixed with other items not belonging to us, we shall acquire the co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used at the time of processing and mixing. The resulting co-ownership rights shall be regarded as reserved goods within the meaning of these terms. At our request, the customer is obliged to notify the purchaser of the reserved goods to our proprietary rights.
  5. The customer is authorized to collect the claim from the resale without prejudice to our own right of retraction. As long as the customer duly meets his payment obligations, we will not assert the claim ourselves. At our request, the customer must notify the debtors of the assigned claims and notify them of the assignment. This does not affect our right to communicate the assignment to the third-party debtors themselves. The customer is not allowed to assign the claim against the third-party debtor to a third party or to agree with the third-party debtor a prohibition of assignment.
  6. We undertake to release the existing securities at our option insofar as their value exceeds the claims to be secured by more than 10%.

terms of payment
  1. The agreed remuneration is due upon receipt of the invoice and is payable without any deduction, unless expressly agreed otherwise.
  2. Our delivery personnel are entitled to receive the agreed remuneration. The delivery of the goods can be made dependent on the payment of the remuneration. The consequences of the non-performance of the agreed remuneration of the goods have already been mentioned under section 3.
  3. We are entitled to make the conclusion of a contract dependent on the performance of an appropriate advance payment (clause.2.1).
  4. The customer is only entitled to set-off or retention rights if his counterclaims have been legally established, undisputed or acknowledged by us.
limitation of liability
  1. In the event of a violation of our lives, body or health attributable to us, we shall be liable in accordance with statutory provisions.
  2. The following applies to other damages:
  3. We are liable for damages resulting from a grossly negligent breach of duty by us or on deliberate or grossly negligent breach of duty by our legal representatives or vicarious agents.
  4. The liability is limited to the foreseeable contractual damage for damages caused by the infringement of material contractual obligations due to simple negligence by us, our legal representatives or vicarious agents.
  5. Claims for damages for other damages in the event of violation of subsidiary obligations or non-essential obligations in the case of simple negligence are excluded.
  6. The exclusion or limitation of liability does not apply if we have maliciously concealed a defect or have assumed a guarantee for the quality of the goods. They also do not apply to mandatory liability under the Product Liability Act.
prohibition of assignment
  1. Unless explicitly agreed otherwise with the customer, he is not entitled to transfer rights from the contract to third parties without our consent.
Applicable law, jurisdiction
  1. Events of force majeure and any kind of malfunctions, lockouts, strikes, raw material and fuel shortcomings, official measures or other causes or events which result in a restriction or discontinuation of our company entitle us to postpone the fulfillment of our obligations or to withdraw from the contract in full or in part, Without the need for compensation for damages.
  2. Applicable law, jurisdiction
  3. Only German law applies under exclusion of the UN purchase law.
  4. An exclusive court of jurisdiction for disputes between the Contracting Parties is Heidelberg if the Purchaser is a merchant, a legal person of public law or a public-law special fund or if the Purchaser has no general court of jurisdiction in Germany.
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