The following Terms and Conditions shall be considered to be legally binding for all offers, orders, sales, deliveries and/or other activities and shall be considered to be acknowledged by the Buyer unless we confirm in writing any amendments and supplements for each individual case.
- Our offers shall be considered to be non-binding with regards to prices, quantities and delivery timeframes.
- Rush orders shall not be confirmed. They shall be considered to have been accepted if you do not reject them within seven days after their receipt. All other orders and agreements shall only then be considered to be binding after having been confirmed in writing. If, after the agreement is concluded, it turns out that the Buyer’s creditworthiness is cast into doubt, then we shall be entitled to demand that the Buyer make advance payment.
- The goods shall be billed at the net prices that are valid upon the delivery date. Insofar as no agreement to the contrary has been made, the costs for DSD and packaging are included in the price. Notification of any mistakes on invoices and order confirmations must be made within seven days’ time.
Additional expenditures for overnight and express shipping shall be charged to the recipient. We shall choose the shipping method whereby the optimal variant shall be given preference.
Insofar as it is desired, we shall deliver exclusively upon euro pallets. Immediately upon delivery upon pallets, the same number of exchangeable euro pallets must be provided. Euro pallets shall be charged at 13,-€/pallet. Only flawless euro pallets may be exchanged.
Operational disruptions, force majeure events or any other inability to render performance for which we are not at fault, regardless of whether it affects us or our own suppliers, shall entitle us to withdraw from the agreement. If the Buyer does not adhere to the agreed Payment Terms and Conditions or the fulfilment of the agreement is put at risk owing to changes in its financial circumstances, then we shall be entitled to withdraw from the agreement. In these cases, the rescission of the agreement shall not entitle the Buyer to demand damage compensation.
In the event that the Customer picks up the goods from the factory or warehouse and, in the event that delivery is made, risk shall be transferred to the Buyer when it takes possession of the goods.
The Buyer must examine the goods immediately upon their receipt and immediately notify the carrier of any defects that are found. The same shall apply if notification is made that the delivery includes other goods or other quantities that those that were ordered. Notification must be made of any other defects in a prompt fashion, but nonetheless by no later than 10 days after the Buyer becomes aware of them. In the event of any justified notification of defects, the Seller’s warranty obligation shall be limited to the free of charge delivery of flawless goods to replace the defective goods. Other claims, particularly damage compensation claims of all types, shall be excluded.
- We shall make delivery subject to reservation of ownership. Ownership shall only then be transferred to the Buyer after the settlement of any liabilities that have been incurred. The Buyer shall not be entitled to pledge the reserved goods, to assign them by way of security or to exchange them. Debt enforcement measures (third-party attachments of the reserved goods or assigned claims) must be promptly reported to us. Upon our request, the Buyer must provide us with information at any time (for submission in court and governmental agency proceedings, including in the form of an affirmation in lieu of an oath) regarding the whereabouts of the reserved goods or the payment claims assigned owing to our rights of ownership in addition to all documents that are required for the assertion of the respective rights. If it turns out that the Buyer is not creditworthy, then we shall be entitled to prohibit the resale of the goods that have been delivered subject to reservation of ownership. Resale shall not be permitted in the event of insolvency or the opening of composition or bankruptcy proceedings. If we take back these goods, in whole or in part, we shall be entitled to reduce the credit by an appropriate standard amount for any rebates and processing costs. If we take back the goods, this shall not be considered to be a rescission of the purchasing agreement.
- Our general payment terms : PayPal and Credit Card
In the event of payment default, we shall bill the Buyer at interest rates that are customary for banks.
- In the event that one of the aforementioned terms and conditions should be invalid, this shall not affect the validity of the remaining provisions.
- The law of the Federal Republic of Germany shall be valid.
- The place of performance for both parties shall be Eisenach/Thüringen.
- We shall save data within the parameters of our reciprocal Terms and Conditions pursuant to the Bundesdatenschutzgesetz BDSG [German Data Protection Act]
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