Our Terms And Conditions

1. We can accept an order from the customer that qualifies as an offer to conclude a purchase contract within two weeks by sending an order confirmation or by sending the ordered products within the same period.

2. Our offers are subject to change and non-binding, unless we have expressly designated them as binding.

3. We reserve our ownership, copyright and other intellectual property rights to all illustrations, calculations, drawings and other documents. The customer may only pass these on to third parties with our written consent, regardless of whether we have marked them as confidential.

4. Product images in the online shop may differ visually from the goods as usual.

5. When concluding a contract via our online shop, the following regulations also apply:
The presentation of the items in the online shop does not constitute a legally binding offer. The customer has the opportunity to submit a binding order to us. This customer order can be placed in the online shop by sending the items placed in the shopping cart to us. After receiving his order in the online shop, the customer automatically receives an email documenting the order he has placed. This confirmation email contains the details of your order. This email simply confirms that we have received the order; This does not mean that a contract is concluded. The customer can also submit the order to us by email, post, telephone or fax.
An effective contract between the customer and us is only concluded when we confirm the customer's order by email or otherwise in writing, accept it by delivering the goods or, in the case of small orders, by issuing an invoice. The contract language is German.

1. Our prices do not include a proportionate refrigerated transport flat rate for an order weight of less than 70 kg, as well as a packaging and energy flat rate per order. If the minimum order value specified in the price list or in the online portal is not met, we charge a postage and shipping fee of €15.00 net, unless otherwise confirmed in the order confirmation. Our prices do not include statutory VAT. We will show these separately in the invoice at the then valid legal amount.

2. A discount is only permitted if there is a special written agreement between us and the customer. The purchase price is due for payment net (without deductions) immediately upon receipt of the invoice by the customer, unless another payment term is specified in the order confirmation. A payment is only considered to have been made when we can dispose of the amount. In the case of check payments, payment is only deemed to have been made when the check is cashed.

3. Despite the customer's provisions to the contrary, we are entitled to initially offset payments against older debts.

4. If costs and interest have already been incurred, we are entitled to offset the payments first against the costs, then against the interest and finally against the main service.

5. If the customer defaults on a payment, the statutory regulations apply.

6. If the customer does not meet his payment obligations, in particular in the case of return direct debits, dishonored checks or suspension of payments, we are entitled to demand that the entire remaining debt is due. If circumstances become known that call the customer's creditworthiness into question, we can also declare the remaining debt due and demand an advance payment or security deposit before further contracts are concluded. In such a case, we can withdraw from the contract concluded with the customer.

7. The customer is only entitled to offset, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, recognized by us or are undisputed. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

1. Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information. The delivery time specified by us only begins when the technical questions have been clarified. The customer must also fulfill all of his obligations properly and in a timely manner.

2. If the underlying purchase contract is a fixed-term transaction within the meaning of Section 286 Paragraph 2 No. 4 BGB or Section 376 HGB, we are liable in accordance with the statutory provisions. The same applies if the customer is entitled to claim the loss of his interest in further fulfillment of the contract as a result of a delay in delivery for which we are responsible. In this case, our liability is limited to the foreseeable, typically occurring damage if the delay in delivery is not due to an intentional breach of the contract for which we are responsible, whereby the fault of our representatives or vicarious agents is attributable to us.

3. We are also liable in the event of a delay in delivery in accordance with the statutory provisions if this is due to an intentional or grossly negligent breach of the contract for which we are responsible, whereby the fault of our representatives or vicarious agents is attributable to us. Our liability is limited to the foreseeable, typically occurring damage if the delay in delivery is not due to an intentional breach of the contract for which we are responsible.

4. In the event that a delay in delivery for which we are responsible is based on the culpable breach of an essential contractual obligation, whereby the fault of our representatives or vicarious agents is attributable to us, we are liable in accordance with the statutory provisions with the proviso that in this case liability for damages is limited the foreseeable, typically occurring damage is limited.

5. Further liability for any delay in delivery for which we are responsible is excluded. The customer's other legal claims and rights, which he is entitled to in addition to the claim for damages due to a delay in delivery for which we are responsible, remain unaffected.

6. We are entitled to make partial deliveries and partial services at any time, provided this is reasonable for the customer.

7. In the event of force majeure, unrest, official measures and other unforeseeable, exceptional circumstances beyond our control or on the part of our suppliers, we may have to agree a new delivery date with our customers or, in the event of force majeure, cancel the contract completely.

8. If the customer defaults on acceptance, we are entitled to demand compensation for the resulting damage and any additional expenses. The same applies if the customer culpably violates obligations to cooperate. Once the delay in acceptance occurs, the risk of accidental deterioration and accidental loss passes to the customer.

9. We will not accept returns or returns without prior notice.

1. Loading and shipping are at the customer’s risk. We will endeavor to take the customer's wishes and interests into account with regard to the shipping method and route; Any additional costs resulting from this – even if freight free delivery has been agreed – are borne by the customer.

2. We do not take back transport or any other packaging in accordance with the Packaging Ordinance; pallets are excluded. The customer must ensure the disposal of the packaging at his own expense.

3. If shipping is delayed at the customer's request or through fault, we will store the goods at the customer's expense and risk. In this case, the notification of readiness for dispatch is equivalent to dispatch.

4. At the customer's request and expense, we will insure the delivery with transport insurance.

1. The customer's claims for defects only exist if the customer has properly fulfilled his obligations to inspect and report defects in accordance with Section 377 of the German Commercial Code (HGB).

2. In the case of justified complaints of defects, we are obliged to provide subsequent performance, excluding the customer's rights to withdraw from the contract or reduce the purchase price (reduction), unless we are entitled to refuse subsequent performance due to the legal regulations. The customer must grant us a reasonable period of time for subsequent performance. The customer can choose to remedy the defect (repair) or deliver new goods. In the event of remedying the defect, we will bear the necessary expenses, provided that these do not increase because the subject matter of the contract is located at a location other than the place of performance or the procurement and raw material costs increase by more than 10% compared to the raw materials previously used. If subsequent fulfillment fails, the customer can, at his discretion, request a reduction in the purchase price (reduction) or withdraw from the contract. The rectification is deemed to have failed with the second unsuccessful attempt, unless further attempts at rectification are appropriate and reasonable for the customer due to the subject matter of the contract. The customer can only assert claims for damages under the following conditions due to the defect if subsequent performance has failed. The customer's right to assert further claims for damages under the following conditions remains unaffected.

3. The customer's warranty claims expire one year after delivery of the goods to the customer, unless we have fraudulently concealed the defect; in this case the legal regulations apply. Our obligations under Section VI Number 4 and Section VI Number 5 remain unaffected by this.

4. In accordance with the legal regulations, we are obliged to take back the new goods or to reduce (reduce) the purchase price, even without setting a deadline otherwise required, if the customer's buyer is a consumer of the new movable item sold (purchase of consumer goods) due to the defect in these goods could demand that the customer take back the goods or reduce the purchase price or that the customer is subject to the same resulting recourse claim. The claim is excluded if the customer has not properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).

5. The obligation according to Section VI Number 4 is excluded if it is a defect due to advertising statements or other contractual agreements that do not originate from us, or if the customer has given a special guarantee to the end user. The obligation is also excluded if the customer himself was not obliged to exercise the warranty rights towards the end consumer due to the legal regulations or did not make this complaint against a claim made to him. This also applies if the customer has given guarantees to the end user that go beyond the statutory requirements.

Warranty claims against us are only available to the direct customer and cannot be assigned. Further claims are excluded.

6. Irrespective of the following liability limitations, we are liable in accordance with the statutory provisions for damage to life, body and health that is based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damages that arise from liability according to Product liability law is included. We are liable in accordance with the statutory provisions for damages that are not covered by sentence 1 and that are based on intentional or grossly negligent breaches of contract as well as fraud on the part of us, our legal representatives or our vicarious agents. In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents acted intentionally. To the extent that we have provided a quality and/or durability guarantee with regard to the goods or parts thereof, we are also liable within the scope of this guarantee. However, we are only liable for damage that is due to a lack of guaranteed quality or durability but does not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.

7. We are also liable for damages that we cause through simple negligent violation of such contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. However, we are only liable if the damage is typically associated with the contract and foreseeable.

8. Any further liability is excluded regardless of the legal nature of the asserted claim; this applies in particular to tortious claims or claims for reimbursement of wasted expenses instead of performance; This does not affect our liability in accordance with Section IV Item 2 to Section IV Item 5 of this contract. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.

9. The customer's claims for damages due to a defect expire one year from delivery of the goods. This does not apply in the case of injuries to life, body or health caused by us, our legal representatives or our vicarious agents, or if we, our legal representatives have acted intentionally or with gross negligence, or if our simple vicarious agents have acted intentionally.

1. The delivered goods (reserved goods) remain our property until all claims have been fulfilled, including all current account balance claims that we are entitled to against the customer now or in the future. In the event of the customer's behavior in breach of contract, e.g. late payment, we have the right to take back the reserved goods after setting a reasonable deadline. If we take back the reserved goods, this constitutes a withdrawal from the contract. If we seize the reserved goods, this constitutes a withdrawal from the contract. We are entitled to use the reserved goods after they have been taken back. After deducting an appropriate amount for the costs of exploitation, the proceeds of exploitation must be offset against the amounts owed to us by the customer.

2. The customer must treat the reserved goods with care and adequately insure them at their new value against fire, water and theft damage at their own expense. Any maintenance and inspection work that becomes necessary must be carried out in a timely manner by the customer at his own expense.

3. The customer is entitled to properly sell and/or use the reserved goods in business transactions as long as he is not in default of payment. Pledges or collateral assignments are inadmissible. The customer hereby assigns all claims arising from resale or any other legal reason (insurance, tort) relating to the reserved goods (including all balance claims from current accounts) to us as security; We accept the assignment. We revocably authorize the customer to collect the claims assigned to us for his account in his own name. The direct debit authorization can be revoked at any time if the customer does not properly meet his payment obligations. The customer is also not authorized to assign this claim for the purpose of collecting the claim by way of factoring, unless the obligation of the factoring is established at the same time to provide consideration in the amount of the claims directly to us as long as there are still claims from us against the customer.

4. Any processing or transformation of the reserved goods by the customer will always be carried out for us. If the reserved goods are processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including VAT) to the other processed items at the time of processing. The same applies to the new item created through processing as to the reserved goods. If the reserved goods are inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including VAT) to the other mixed items at the time of mixing. If the customer's item is to be viewed as the main item as a result of the mixing, the customer and we agree that the customer transfers to us proportional co-ownership of this item; We hereby accept the transfer. The customer shall keep our resulting sole or joint ownership of an item for us.

5. If third parties access the reserved goods, in particular seizures, the customer will point out our ownership and notify us immediately so that we can enforce our ownership rights. If the third party is unable to reimburse us for the legal or extrajudicial costs incurred in this context, the customer is liable for this.

6. We are obliged to release the securities to which we are entitled to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; we are responsible for selecting the securities to be released.

1. Place of performance and jurisdiction for deliveries and payments (including check and bill of exchange claims) as well as all disputes arising between us and the customer from the purchase contracts concluded between us and the customer is Viernheim. However, we are also entitled to sue the customer at his place of residence and/or place of business.

2. The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany.

The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

January 2023