General Terms & Conditions
§ 1 scope
These conditions of sale apply exclusively to entrepreneurs and legal entities under public law within the meaning of Section 310 (1) BGB. We only recognize any terms and conditions of the customer that contradict or deviate from our sales conditions if we expressly agree to their validity in writing.
These terms and conditions of sale also apply to all future business with the customer, insofar as they are legal transactions of a related nature. The prices offered and charged are in euros per item plus the applicable VAT rate including packaging
Individual agreements made with the buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these conditions of sale. A written contract or our written confirmation is decisive for the content of such agreements, subject to proof to the contrary.
The articles offered are mostly natural articles that are made by hand. We reserve the right to deviate from color, shape and size. Deviations are not grounds for a complaint.
§ 2 Offer and conclusion of contract
If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.
§ 3 Provided documents and pictures
On all documents and images provided to the customer in connection with the placing of the order - also in electronic form - such as B. calculations, drawings etc., we reserve property rights and copyrights. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the offer of the customer within the period of § 2, these documents must be returned to us immediately.
§ 4 prices and payment
Unless otherwise agreed in writing, our prices apply ex works excluding packaging and plus VAT at the currently applicable rate. Packaging costs will be charged seperately.
Our offers are subject to change in all respects; the general use of a new price list invalidates all previous price lists and offers. We are entitled to adjust the ordered quantities to our packaging units specified in the currently valid price lists.
Excess or short deliveries for custom-made products up to 5% of the order quantity are permitted. All declarations of the buyer are only binding for us if we have confirmed them in writing.
Payment of the purchase price must be made exclusively to the account specified in the invoice attached to the delivery. The deduction of the discount can be found on the invoice form, unless otherwise agreed.
Unless otherwise agreed, the purchase price is payable within 14 days of delivery with a 2% discount or net within 30 days of invoicing. Interest on arrears will be charged at 8% above the respective base rate p.a. calculated. The assertion of a higher damage caused by default remains reserved.
Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after the contract has been concluded.
§ 5 Right of Retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 delivery time
The start of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.
If the customer is in default of acceptance or if he culpably breaches other duties to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or default.
In the event of a delay in delivery caused by us not intentionally or through gross negligence, we are liable for each full week of delay within the framework of a flat-rate compensation for delay of 1% of the delivery value, but not more than 5% of the delivery value.
Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
§ 7 Transfer of risk upon dispatch
If the goods are dispatched to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when they are sent to the customer, at the latest when they leave the factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
§ 8 retention of title
We reserve title to the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the customer behaves contrary to the contract.
As long as ownership has not yet passed to him, the purchaser is obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately at replacement value at his own expense against theft, fire and water damage (note: only permitted when selling high-quality goods). As long as ownership has not yet passed, the customer must notify us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss we incur.
The customer is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns to us the claims against the customer from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item has been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended.
The processing or transformation of the purchased item by the customer is always done in our name and on our behalf. In this case, the expectant right of the purchaser to the purchased item continues with the remodeled item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that the purchaser's item is to be regarded as the main item, it is agreed that the purchaser shall transfer proportional co-ownership to us and keep the resulting sole ownership or co-ownership for us. In order to secure our claims against the customer, the customer also assigns to us such claims that arise against a third party through the connection of the reserved goods with a property; we already accept this assignment.
We undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20%.