- General
The purchaser acknowledges the following General Terms and Conditions (GTC) by placing an order. Changes or other modifications to the order shall be accepted in writing only. - Validity of Prices
Prices charged are always current. When new prices are issued, previous prices, also those on older orders, lose their validity. Prices shown are non-binding, suggested retail prices. Conditions and discounts apply according to agreement. - Delivery
Orders of 1000 Euro net and over are dispatched EXW, dispatch and packaging charged additionally. CIF or FOB by arrangement. Delivery is generally made in the short-term ex warehouse. Should ordered goods be out of stock at the time of commission we reserve the right of dispensation at the earliest possible date. The customer shall have no right to claim damages or to cancel the order for failure for any cause to meet any delivery time stated.
As long as payment obligation by the purchaser has not been met, no delivery will take place. - Dispatch
The shipment will take place on risk of the orderer, also if the delivery is free of carriage. If requested by the buyer we will assist the enforcement of possible transport damage but only if the orderer does not fail to immediately certify the apparent damage by the responsible agent carrier and only if we receive a report of the damage immediately. - Force majeure
For the period of time and totalling impact of disorders such as force majeure, holdup, delivery delay by upstream suppliers, resource, energy or labour shortage, strike, lockouts, traffic congestion and government act, war or act of God we shall not be liable for any breach of our obligations or for refund or loss, damage or delay. - Payment
6.1. Prices are calculated ex works. The invoice amount is immediately due for payment.
6.2 Payment in advance or via bank LC.
6.3 The buyer is not entitled to claim any right of detention or to charge against counterclaim unless a legally established claim has been proven.
6.4 If the buyer defaults in payment, default interest of 7% above the respective base interest rate of the European Central Bank shall be charged without any reminder. The enforcement of further action is herewith not excluded. - Retention of Title
We reserve ownership rights to all goods delivered by us until the owner has paid all claims resulting from the business relationship with us, including subsidiary claims. In case of access to the goods delivered under ownership rights by a third party, we shall immediately demand that the buyer discloses the assigned claims and their debtors to us.
Decrees such as security assignment, pledge or similar, exclusive to usual business, are not permissible. In case of distraints the seller shall immediately be notified about the indication of the pawnee.
Should the buyer default payment despite a dun from the seller, we are entitled to demand the subject of sale without setting a deadline in advance. Costs incurring are beard by the buyer. The attachment of the object of sale by the seller shall always constitute a withdrawal from the agreement. The seller is entitled to resell the returned subject of clause. The receipts are creditable to demands by the seller, deducting adequate costs of resale. - Warranty
The seller has no obligation to warranty of apparent defects if the buyer fails to send in a written complaint in time (eight days). In sofar as we are responsible for a defect in or on the object of purchase and a written complaint has been sent in time, we are, under exclusion of the rights of the customer, obliged to withdrawal from the agreement or to reduction of the purchase price and willing to comply the customers choice of redress, unless we are entitled to refuse the redress due to legal regulations. The customer is bound to enable a reasonable deadline for the redress for every single defect.
We will be entitled to repair or redeliver, at the discretion of the buyer. If we are unable to comply with the buyers choice of redress on the grounds of high costs we can refuse such redress. During the act of redress price reduction or withdrawal from the agreement by the buyer is excluded. The buyer is entitled to withdraw from the agreement and demand reversal on the contract or demand a price reduction, should we refuse redress in general or fail to redress.
The buyer does not have any further claims, in particular entitlement to damages. Rejected goods shall be sent back with our approval only. The return of goods without legal reason according to the law or our GTC will not be accepted. Additional costs of returns can be calculated. Returns that are caused by excess of age or failure of disposition by the customer cannot be taken into consideration. - Trademark(s)
Brand names and trademarks associated to our products shall be used with a prior written agreement only. Our products must be sold in the original packing. They must neither be repacked nor rebottled. Selling aboard needs our approval. - Law and jurisdiction
The Place of delivery and place of jurisdiction for mutual obligations is Berlin. The Law of the Federal Republic of Germany exclusively governs the dealings between both parties of the contract. The application of the Uniform Law of International Purchase of Goods and the International Purchase Agreement Act of Goods is excluded. The buyer is not entitled to transfer any demands of the purchasing contract without permission of the seller. - Void in part
Other clauses shall not lose validity should one of the foregoing conditions be void. - Data protection / privacy Policies
Due to the Federal Data Protection Act in Germany we are bound by law to inform you that data important to our business dealings will be recorded electronically.
