GENERAL TERMS AND CONDITIONS
- Scope of application
- These general terms and conditions apply to all purchase and goods delivery contracts between us, BlueBioTech International GmbH, An der Chaussee 1, D-25377 Kollmar, and our customers. Our general terms and conditions of business shall apply exclusively; any terms and conditions of the customer that conflict with or deviate from our general terms and conditions of business shall not become part of the contract unless we have expressly agreed to their validity in writing. Our General Terms and Conditions of Business shall also apply in particular if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our General Terms and Conditions of Business.
- Our general terms and conditions apply both to consumers within the meaning of § 13 BGB and to companies within the meaning of § 14 BGB. Consumer is any natural person who enters into a contract with us for a purpose that can be attributed neither to his commercial nor his independent professional activity. A company is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with us, acts in the exercise of his commercial or self-employed professional activity.
- Our General Terms and Conditions shall also apply to all future transactions with our customers.
- Conclusion of contract
- Our offers are subject to change. A contract is only concluded by our order confirmation or delivery of the goods to the customer. In the case of an order placed electronically (Internet), we shall also issue the order confirmation electronically; otherwise in writing by simple mail or by fax.
- Our order confirmation shall be exclusively decisive for the type and scope of our delivery.
- The conclusion of the contract is subject to the proper, complete and timely delivery by our suppliers and the timely arrival of the goods at our premises.
- Cancellation policy
Right of revocation:You can cancel your contract declaration within one month without giving reasons in writing (eg letter, fax, e-mail) or - if the goods are delivered to you before the deadline - also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfil our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be sent to:
BlueBioTech International GmbH
Phone: +49 (0)4191 - 7231-26
Consequences of revocation:
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You do not have to pay compensation for any deterioration caused by the intended use of the goods. You only have to pay compensation for the value of the use made of the goods if you have used the goods in a way that goes beyond the examination of the characteristics and the mode of operation. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Goods that can be shipped by parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.End of the cancellation policy.
- Prices / Shipping costs
The prices in our Dr. Peter Hartig® Shop (www.drpeterhartig.de) and in the Dr. Peter Hartig® product catalogue are inclusive of statutory sales tax but exclusive of shipping costs. The prices published on our homepage at the time of the order shall apply.
- Terms of Payment, Prohibition of Set-Off
- Our invoices are payable immediately and without deduction.
- If the customer defaults on payment, we shall be entitled to charge interest on arrears at a rate of 5 percentage points above the respective prime rate in the case of consumers and 8 percentage points above the prime rate in the case of companies. If we are able to prove higher damages caused by default, we shall be entitled to claim such damages.
- Offsetting with counterclaims other than those that are undisputed or have been legally established is excluded. Furthermore, we exclude the exercise of rights to refuse performance and rights of retention vis-à-vis companies.
- In the event of incorrect invoicing, we reserve the right to make subsequent charges.
- Delivery, dispatch, transfer of risk, delay
- Our delivery times are in principle only approximately agreed and non-binding, unless we expressly confirm an agreed delivery deadline/period in writing as "fixed". A confirmed delivery period is subject to correct, complete and timely delivery to us. The delivery period shall be deemed to have been complied with if the delivery item has left our works by the time of its expiry. Otherwise, we shall endeavour not to exceed a delivery period of 3 to 5 days after confirmation of the order for goods in stock within Germany.
- If you are a consumer, the risk of accidental deterioration of the goods shall pass to you only upon delivery of the goods.
- Deliveries to companies, on the other hand, are made at the customer's risk, i.e. the risk passes to the customer as soon as we hand over the goods to a forwarding agent, a carrier, the railroad, the post office or the customer. This shall also apply if carriage paid delivery has been agreed. We reserve the right to choose the transport route and the means of transport. Insurance against damage in transit, loss in transit and breakage shall only be taken out at the express request of the customer and at his expense. Damage reports must be made immediately upon receipt of the goods. Obvious transport damage and shortages must be ascertained immediately upon arrival of the consignment by means of evidence and certified on the accompanying documents (consignment note, etc.). Claims for damages against third parties are to be assigned to us upon request.
- If delivery is delayed through the fault of the customer, we shall be reimbursed for any costs incurred as a result. If we are prevented from fulfilling our delivery obligation in a timely manner due to unforeseen obstacles which we cannot avert despite exercising reasonable care under the circumstances (e.g. shortage of energy or raw materials, fire, floods, industrial action, force majeure), the delivery period shall be extended accordingly, even if there has already been a delay in delivery. If delivery becomes impossible or unreasonable due to these obstacles, we shall be released from the delivery obligation. If the delay in delivery lasts longer than four weeks, the customer shall be entitled to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if we are released from the delivery obligation for the above reasons, the customer may not derive any claims for damages from this.
- We shall be entitled to make partial deliveries unless the customer proves that he cannot reasonably be expected to accept them.
- If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. In this case, the risk of accidental deterioration of the goods shall also pass to the customer at the point in time at which the customer is in default of acceptance. Further claims remain reserved.
- The products of BlueBioTech International GmbH are natural products, so that natural changes in shape, colour and/or weight do not constitute a defect. It is in the nature of our products that they have only a limited shelf life. The products are to be stored according to the respective packaging instructions carefully and as cool and dry as possible.
Samples, specimens, information such as dimensions, weights, illustrations, descriptions, price lists and other printed matter are non-binding information unless expressly guaranteed by us in writing. The same shall apply to information provided by our suppliers as well as any public advertising statements/product information provided by us or third parties. In particular, such information is not the subject of the contractual product specification unless we reach a corresponding agreement with the customer.
- If you are a consumer, the statutory claims to subsequent performance, to rectification of defects / new delivery as well as - if the statutory requirements are met - the further claims to reduction of the purchase price or withdrawal from the contract as well as, in addition, to compensation for damages, including compensation for damage instead of performance as well as compensation for your futile expenses, shall apply to all defects in our products occurring during the statutory warranty period at your discretion.
- The following provisions shall apply to companies:
- The customer shall immediately inspect delivered goods for conformity with the subject matter of the contract, completeness and freedom from defects. Notices of defects due to obvious defects must be received by us in writing without delay, at the latest 48 hours after arrival of the goods at the place of destination. If this does not happen, the goods shall be deemed to have been approved. Timely dispatch shall be sufficient to meet the deadline. Defects which cannot be discovered within this period even after careful inspection shall be notified in writing immediately after discovery. For transactions with merchants, the provisions of §§ 377, 378 HGB shall apply accordingly.
- By negotiating complaints, we do not waive the objection that the notice of defect was not timely or sufficient
- In the event of justified, timely and proper complaints, we shall, at our discretion and to the exclusion of all other claims of the customer, either deliver a replacement or remedy the defect (subsequent performance). If the supplementary performance fails or if we reject it, the customer may, at his option, demand a reduction of the purchase price or withdraw from the contract. Claims for damages in accordance with clause 8 shall remain unaffected by this.
- All claims based on a defect shall become statute-barred within one year from the date of transfer of risk, unless mandatory statutory provisions provide for a longer limitation period.
- No warranty shall be assumed for damage caused to the delivery item by third party interventions.
- Partial complaints do not entitle the customer to reject the remaining parts of the goods.
- The rights of the customer from §§ 478, 479 BGB remain unaffected.
- Contractual and non-contractual claims for damages and reimbursement of expenses are excluded unless they are based on intentional or grossly negligent actions of our organs, executive employees or our other vicarious agents or relate to an obligation that is essential for achieving the purpose of the contract (cardinal obligation).
- Except in the case of intent and gross negligence on the part of our organs, executive employees and other vicarious agents, our liability shall in any case be limited to the foreseeable damage typical for the contract.
- The aforementioned limitations of liability shall not apply in the event of damage resulting from injury to life, limb or health.
- Claims of the customer for damages, which are not based on a defect, are subject to a limitation period of 18 months. Liability for gross negligence remains unaffected. For the beginning of the limitation period § 199 para. 1 and 3 BGB (German Civil Code) shall apply.
- Changes in the financial circumstances of the customer
- If the financial situation of the customer becomes unfavourable during the term of the business relationship, if we receive unfavourable information about the customer, if doubts arise about the customer's creditworthiness or if payment of due invoices is not made as agreed, we shall be entitled, prior to delivery, to demand advance payment or other security for the purchase price of the outstanding deliveries of all contracts still in progress - even if bills of exchange have been issued for this purpose - and, after setting a reasonable grace period, to withdraw from the contract or to demand damages.
If the above-mentioned conditions occur after delivery, our claims shall become due immediately. In addition, we shall be entitled to take possession of goods not yet paid for without withdrawing from the purchase contract. The customer undertakes to surrender the delivered goods to us at our request.
- Retention of title
- We retain title to the goods until all claims to which we are entitled for any legal reason arising from the business relationship with the customer have been settled. This shall also apply to claims arising in the future.
- In addition, the following provisions shall apply to companies:
- The customer is obliged to handle the goods with care and in accordance with our specifications. The customer shall insure the goods at his own expense against the usual risks, in particular against damage by fire, water and theft, sufficiently at replacement value.
- In the event of seizure or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of a lawsuit pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
- The customer shall be entitled to resell the goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) accruing to him from the resale against his customers or third parties, irrespective of whether the goods have been resold without or after further processing. If the assigned claim against the third-party debtor has been included in a current account, the agreed assignment shall also refer to the claims from the current account. The customer shall remain authorized to collect the claim from the resale even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended. If this is the case, however, we may demand that the customer inform us of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
- The processing or transformation of the goods by the customer shall always be carried out on our behalf as manufacturer within the meaning of Section 950 (1) of the German Civil Code (BGB), without any obligations arising for us from this. If the goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods delivered under reservation of title.
- . If the goods are inseparably combined or mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods to the other combined or mixed items at the time of combination or mixing. If the combination or mixing is carried out in such a way that the customer's item is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis. The customer shall hold the sole ownership or co-ownership thus created in safe custody for us. In all other respects, the same shall apply to the item created by combining or mixing as to the goods delivered under reservation of title.
- We undertake to release the securities to which we are entitled at the customer's request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; the choice of the securities to be released shall be ours.
- The reservation of title in accordance with the above provisions shall expire when all the claims referred to in 10. a) above have been satisfied. Title to the reserved goods shall then pass to the customer and the customer shall be entitled to the assigned claims.
- Miscellaneous should individually conditions or parts thereof be or become invalid, this shall not affect the remaining conditions or parts of such conditions. Possible ineffective regulations are to be interpreted or adapted according to the economic sense of our terms and conditions.
- Data protection Due to the regulations of the Federal Data Protection Act, we draw your attention to the fact that we store and process accounting and address data by EDP means.
- Place of performance, applicable law, place of jurisdiction
- Place of performance is Kollmar.
- The law of the Federal Republic of Germany shall apply to all contracts to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods (CISG) and other international sales laws.
- If the customer is a merchant or a legal entity under public law, the place of jurisdiction for all disputes arising shall be Kollmar. However, we shall also be entitled to sue the customer at the court having jurisdiction over the customer's place of business. This shall also apply in the event of withdrawal from the contract or its invalidity.