1. The following General Terms and Conditions of Business shall apply to all business relationships between the customer and us. The version valid at the time when the contract is entered into shall be decisive.
2. Any differing, contradicting or supplementing General Terms and Conditions of Business will not become a part of the contract, even if we are aware thereof.
1. The conditions applicable to our goods are subject to confirmation and not binding. Our presentation of goods on the internet does not constitute an offer, but a non-binding invitation to the customer to issue a purchase order. Technical changes as well as changes in form, colour or weight are reserved within reasonable limits.
2. Upon placing a purchase order for the required goods, the customer declares its binding contractual offer. The acceptance of a purchase order by phone does not constitute binding acceptance on our part.
3. We are entitled to refuse acceptance of the purchase order, for example after a verification of the customer’s credit-worthiness. Our acceptance of the offer to conclude a contract can also be declared by immediate delivery.
4. The contract is entered into under the reservation that delivery will not or will only partially be effected, if we receive incorrect or improper deliveries from our own suppliers. This only applies if we are not responsible for the non-delivery.
5. The minimum order value per delivery is € 150.00.
1. We reserve title to the goods until payment in full of all claims resulting from an ongoing business relationship.
2. The customer is obliged to treat the goods with due care for the duration of the reservation of title. The customer is obliged to notify us immediately in writing of all actions against the goods by third parties, in particular, of any execution measures and of possible damage to or destruction of the goods. The customer shall notify us immediately of a change in possession of the goods and a change in the customer’s address. The customer has to indemnify us from and against all losses and costs that are incurred due to a breach of these obligations and due to necessary intervention measures against access to the goods by third parties.
3. In the case of a violation of the contract on the part of the customer, in particular in the case of late payment or breach of duty, we are entitled to cancel the contract and to demand return of the goods. In addition, in the event of a violation of a duty pursuant Clause 2, we are entitled to cancel the contract and to demand return of the goods if we cannot reasonably be expected to adhere to the contract.
4. The entrepreneur is entitled to resell the goods within its normal course of business. It shall assign to us right now all claims in the amount of the invoice amount, which it accrues towards third parties due to the resale of the goods. We accept the assignment. After the assignment, the entrepreneur shall be entitled to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not fulfil its payment obligations and is in delay with payment. If the goods are processed, we shall acquire co-ownership in the new object in proportion to the value of the goods delivered by us. The same shall apply if the goods are processed or combined with other objects which are not our property.
1. The customer undertakes to pay the purchase price not later than ten days from receipt of the goods. After the expiry of this deadline, the customer is in delay with payment.
The entrepreneur shall pay interest of 8 % above the basic interest rate on the money owed during the period of delay. In the case of entrepreneurs, we reserve the right to provide evidence for and claim a higher interest rate.
2. The customer is only entitled to offsetting if its counterclaims were finally adjudicated or acknowledged by us. The customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
1. As regards entrepreneurs, the risk of accidental loss or accidental deterioration of the goods passes to the entrepreneur upon handover of the goods, in the event of a contract of sale involving the carriage of goods [Versendungskauf], upon the delivery of the goods to the forwarding company, to the carrier or to the person or institution designated to perform the shipment. It is deemed equivalent to the handover if the customer is in default with the acceptance.
1. As regards entrepreneurs, we initially offer, at our option, rework or substitute delivery for any defects in the goods.
2. In the case of minor defects, however, the customer has no right of cancellation. If the event of compensation claims, the limitations of liability pursuant to § 7, No. 1 and 2 of the GTCs shall apply.
3. Entrepreneurs must inspect the delivered goods immediately for any deviations in quality and quantity and to notify us in writing of recognisable defects within 24 hours from receipt of the goods; otherwise, we are not obliged to perform under our warranty. We must be notified immediately in writing of any hidden defects (including quality defects); otherwise we are not obliged to perform under our warranty. The entrepreneur shall have the full burden of proof for all qualifying conditions, in particular, for the defect itself, for the date of identification of the defect and for the punctual notification of the defect.
4. We provide no guarantees in the legal sense to our customers.
1. In the event of slightly negligent breaches of duty, our liability and the liability of our vicarious agents shall be limited to the foreseeable, direct average damage typical for such contracts.
2. In the event of slightly negligent breaches of duty of non-material contractual duties, which do not jeopardise the performance of the contract, neither we nor our vicarious agents shall be liable. The above-mentioned limitations of liability do not relate to any claims of the customer based on product liability or a guarantee. In addition, the limitations of liability shall not apply in the event of physical and health damage or the death of the customer due to our fault.
1. Note on alternative dispute resolution: Privatmolkerei Bauer GmbH & Co. KG agrees to participate in dispute resolution procedures before a consumer arbitration body. The competent body is the general consumer arbitration body of Zentrum für Schlichtung e.V. Straßburger Straße 8, 77694 Kehl, accessible at www.verbraucher-schlichter.de.
1. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
2. The exclusive place of jurisdiction for all disputes under this contract is our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if its residence or usual domicile is not known at the time of commencement of an action.
3. If individual provisions of the contract with the customer, including these General Terms and Conditions of Business, are or become totally or partially invalid, the validity of the remaining provisions shall not be affected. The provision which is totally or partially invalid shall be replaced by a provision whose commercial success comes as close as possible to that of the invalid provision.