§ 1 - Scope

(1) All our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions (hereinafter: T&Cs). These form an integral part of all contracts that we conclude with our contractual partners (hereinafter: Merchants) regarding the deliveries or services offered by us. We only base orders via our web shop/online shop on different General Terms and Conditions. (2) These T&Cs apply to both consumers (Section 13 of the German Civil Code (BGB)) and businesses (Section 14 of the German Civil Code (BGB). Should individual clauses only apply to contractual relationships with businesses and not to contractual relationships with consumers, this is expressly stated in the corresponding clauses, for example in the following clause in Section 1, Paragraph 3. (3) If the Merchant is a business, these T&Cs also apply to all future deliveries, services, or offers to the Merchant, even if they are not separately agreed again, and provided that these future transactions do not involve orders via our web shop/online shop. (4) Terms and conditions of the Merchant or third parties do not apply, even if we do not specifically object to their validity in individual cases. Even if we refer to a letter containing or referring to the terms and conditions of the merchant or a third party, this does not constitute acceptance of the applicability of those terms and conditions.

(1) All our offers are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period. We can accept orders or contracts within fourteen days of receipt. (2) The purchase contract is concluded upon acceptance of the order following the order or contract. Reference is made to the provisions in Section 10. (3) Information on the subject of our delivery or service (e.g. weights, dimensions, utility values, technical data) as well as our representations of the same (e.g. illustrations) are only approximate, unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or markings of the delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements are permissible as long as they do not impair the usability for the contractually intended purpose. (4) The dealer is entitled to advertise the contractual products on the internet, in particular on its homepage, and to sell them both via the internet and at the point of sale. Any distribution or resale of the entrepreneur’s products on the Amazon platform is prohibited in any form.

(1) Unless otherwise agreed, the prices contractually agreed with the dealer apply. Our prices are ex works. (2) Packaging and shipping costs are to be paid separately, unless otherwise agreed. (3) If the agreed prices are based on our list prices and delivery is not to take place until more than four months after conclusion of the contract, our list prices valid at the time of delivery apply (less any agreed percentage or fixed discount). (4) Unless otherwise agreed, the purchase price is due within 30 days of receipt of the invoice. (5) Invoice amounts are to be paid within 30 days without deduction, unless otherwise agreed in writing or stated on the invoice. The date of receipt of payment by us shall be decisive for the timeliness of payment. (6) If the dealer fails to pay when due, the outstanding amounts shall bear interest at the statutory interest rates from the due date. We reserve the right to assert further damages for late payment. (7) Offsetting against counterclaims of the customer or withholding payments due to such claims is only permissible if the counterclaims are undisputed or have been legally established. (8) We are entitled to execute or provide outstanding deliveries or services only against advance payment or security if, after the conclusion of the contract, we become aware of circumstances that are likely to significantly reduce the merchant's creditworthiness and which jeopardize the payment of our outstanding claims by the merchant from the respective contractual relationship.

(1) Deliveries are made ex warehouse. (2) Any deadlines and dates for deliveries and services promised by us are always approximate, unless a fixed deadline or date has been expressly promised or agreed. If shipment has been agreed, delivery deadlines and dates refer to the time of handover to the freight forwarder, carrier or other third party commissioned with transport. (3) We are not liable for the impossibility of delivery or for delays in delivery if these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the non-delivery, incorrect delivery or late delivery by suppliers) for which we are not responsible. If such events make delivery or performance significantly more difficult or impossible for us, and the hindrance is not merely temporary, we are entitled to withdraw from the contract. In the case of hindrances of a temporary nature, the delivery or performance periods or dates shall be extended or postponed by the duration of the hindrance plus a reasonable start-up period. If the merchant cannot reasonably be expected to accept the delivery or service as a result of the delay, they may withdraw from the contract by immediately notifying us in writing. (4) We are entitled to make partial deliveries if the partial delivery can be used by the merchant for the contractually intended purpose, the delivery of the remaining ordered goods is assured, and this does not result in any significant additional expenditure or costs for the merchant (unless we agree to assume these costs). (5) If we are in default with a delivery or service, or if a delivery or service becomes impossible for us, for whatever reason, our liability for damages is limited to Section 6 for a sale to a consumer and Section 8 for a sale to a business.

(1) The place of performance for all obligations arising from the contractual relationship is Seinsheim, unless otherwise agreed. (2) If delivery of the purchased item is agreed, the method of shipping and packaging are subject to our reasonable discretion. (3) The risk shall pass to the dealer at the latest upon handover of the purchased item (the start of the loading process being decisive) to the freight forwarder, carrier or other third party designated to carry out the shipment. This shall also apply if the transport is carried out by us or if partial deliveries are made. If shipping or handover is delayed due to circumstances attributable to the dealer, the risk shall pass to the dealer from the day on which the purchased item is ready for shipment and we have notified the dealer of this.

§ 6 - Warranty and liability for sales to consumers

(1) In the event of defects in the purchased goods, the purchaser, who is a consumer, is entitled to the statutory rights. (2) The basis of our warranty and liability for defects is primarily the agreement regarding the quality of the goods. In particular, all product descriptions and any stated best-before dates are considered to be an agreement regarding the quality of the goods. If no explicit agreement regarding a best-before date has been made, a best-before date typical for the goods shall be deemed agreed. This means that after the expiration of an agreed best-before date, claims due to the expiration of the best-before date or lack of usability can generally not be asserted. (3) However, our liability for damages, regardless of the legal basis (in particular in the event of delay, defects, or other breaches of duty), is limited in these cases to the foreseeable damage typical for the contract. (4) The above limitation of liability does not apply to our liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb, or health, or under the Product Liability Act.

(1) The warranty for sales to businesses is governed by the provisions of this Section 7. (2) Section 6, Paragraph 2 applies accordingly. (3) The warranty period is one year from delivery or, if acceptance is required, from acceptance. This period does not apply to claims for damages by the customer resulting from injury to life, limb, or health, or from intentional or grossly negligent breaches of duty by us or our vicarious agents, which in each case shall become time-barred according to statutory provisions. (4) The delivered items must be carefully inspected immediately after delivery to the customer or to a third party designated by the customer. With regard to obvious defects or other defects that would have been detectable upon immediate, careful inspection, they are deemed to have been approved by the customer if we do not receive a notice of defect within seven working days of delivery. With regard to other defects, the items are deemed to have been approved by the customer if we do not receive a notice of defect within seven working days of the time at which the defect became apparent. If the defect was already apparent to the customer at an earlier point in time during normal use, this earlier point in time shall be decisive for the commencement of the complaint period. At our request, a defective delivery item must be returned to us freight prepaid. In the case of justified complaint, we will reimburse the costs of the cheapest shipping method; this shall not apply if the costs increase because the purchased item is located at a location other than the place of intended use. (5) In the event of material defects in the delivered items, we are initially obliged and entitled to repair or replace the goods at our discretion within a reasonable period of time. In the event of failure, i.e., impossibility, unreasonableness, refusal, or unreasonable delay of repair or replacement, the customer may withdraw from the contract or reduce the purchase price appropriately. (6) If a defect is due to our fault, the customer may claim damages under the conditions set out below in Section 8.

(1) Liability for sales to entrepreneurs is governed by the following provisions of this Section 8. (2) Our liability for damages, regardless of the legal basis, in particular for impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations, and tort, is limited in accordance with this Section 8, insofar as fault is relevant in each case. (3) We are not liable in the event of simple negligence on the part of our corporate bodies, legal representatives, employees, or other vicarious agents, unless this involves a breach of essential contractual obligations. Essential contractual obligations include, in particular, the obligation to deliver the delivery item on time, its freedom from defects of title and such material defects that impair its functionality or usability to a greater than insignificant extent, as well as advisory, protective, and care obligations intended to enable the customer to use the purchased item in accordance with the contract or intended to protect the life or limb of the customer's personnel or to protect their property from significant damage. (4) To the extent that we are liable for damages in accordance with the provision in Section 8, Paragraph 3, this liability is limited to damages that we foresaw as a possible consequence of a breach of contract at the time the contract was concluded or that we should have foreseen had we exercised due care. Furthermore, indirect and consequential damages resulting from defects in the purchased item are only compensable to the extent that such damages are typically to be expected when the delivered item is used as intended. (5) The above exclusions and limitations of liability apply to the same extent to our executive bodies, legal representatives, employees, and other vicarious agents. (6) To the extent that we provide technical information or advice and this information or advice is not part of the contractually agreed scope of services owed by us, this is done free of charge and to the exclusion of any liability. (7) The limitations of this Section 8 do not apply to our liability for intentional conduct, for guaranteed characteristics, for injury to life, limb, or health, or under the Product Liability Act.

(1) We reserve title to the delivered goods until full payment of the purchase price for these goods. Section 3, Paragraph 9 remains reserved. While the retention of title exists, the customer may not sell the goods (hereinafter referred to as "reserved goods") or otherwise dispose of the ownership therein, nor may they consume them. (2) In the event of third parties - in particular bailiffs - accessing the reserved goods, the customer will point out our ownership and notify us immediately so that we can enforce our ownership rights. (3) In the event of the buyer's breach of contract, in particular in the event of default in payment, we are entitled to demand the return of the reserved goods, provided that we have withdrawn from the contract.

§ 10 – Export control

The conclusion of the contract is subject to the condition precedent that there are no obstacles due to national or international regulations, in particular export control regulations. Deliveries and services for the fulfillment of concluded contracts are subject to the proviso that such obstacles do not conflict with them.

§ 11 – Data protection

We take the protection of personal data very seriously, especially in accordance with the provisions of the GDPR and the BDSG (German Federal Data Protection Act). Specific details and information on this can be found on our website under the 'Privacy Policy' menu.

§ 12 - Property and protective rights

We reserve all rights, in particular property and industrial property rights, to all data, information, recipes, manufacturing processes and product compositions made available by us.

§ 13 – Final provisions

(1) If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the business relationship between us and the customer shall be Seinsheim, at our discretion. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected by this provision. (2) We do not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act (VSBG). (3) The relationship between us and the merchant is governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) does not apply. (4) Even if these General Terms and Conditions are provided additionally or exclusively in English text form or English version, the German text form or German version shall nevertheless be exclusively authoritative.

- End of these Terms and Conditions; as of March 2022