Terms & Conditions (B2B)

Contents

1. Scope of validity and written form

2. Orders, delivery date and payment

3. Retention of title

4. Liability for defects

5. Liability for damage

6. Use of images

7. Final provisions

1. Scope of validity and written form

These sales conditions apply only to business customers. They apply exclusively and we will not accept any deviating terms and conditions set out by the customer. Our sales conditions even apply in cases where we make deliveries despite being aware of the customer’s deviating terms and conditions.
The customer must ensure that all communications and notifications are sent to us in writing (in fax, email or letter form). Verbal agreements, including those made with our representatives, will only be deemed valid once we have confirmed them in writing.

2. Orders, delivery date and payment

When a customer places an order, it is deemed to be binding. We then have two weeks to accept their order by issuing an order confirmation or delivering the products. Offers made by us are not binding. Unless a specific delivery date is agreed upon, we will deliver products from our warehouse within two weeks of entering into the sales contract.
We will not accept liability for cancelled or delayed deliveries if such circumstances are the result of force majeure or other events that could not have been foreseen when the contract was concluded, including disruptions to operations, strike action, shortage of materials and missing, incorrect or late deliveries made by suppliers that are beyond our control.
With our consent, the customer can order a selection of products to choose between. In this case, they will only be entitled to return products if they notify us that they are doing so by email. The products must then be returned in perfect condition and in our original packaging within two weeks of being delivered.
Our prices include the products listed in the order confirmation and standard packaging. We can provide special packaging for an extra charge. Prices are quoted in euros exclusive of VAT and products are delivered ex warehouse. If products are being exported, the customer is responsible for paying customs duty, taxes and other official fees.
Where our list prices apply to an order and the products are to be delivered more than four months after the contract was entered into, the list prices valid at the time of delivery will apply. The gross purchase price must be paid into the account specified on the invoice within 30 days of the invoice date, but a 3% discount will be applied if payment is made within ten days of the invoice date. This discount will only be applied if there are no other outstanding invoices.

2. Retention of title

We will retain ownership of products until all claims under the delivery contract and future delivery contracts have been settled. The customer is authorised to sell on the products for which we have retained ownership as part of standard business operations.
The customer hereby assigns their from the resale of the products for which we have retained ownership in line with the price agreed upon with us. The customer is entitled to collect the claim in the first instance. Although we do have the right to collect the claim, we will not exercise that right provided that the customer makes payments as per the contract and does not file for insolvency on behalf of their business. If a writ of execution is issued for the products for which we have retained ownership, the customer must inform us immediately in writing so that we can exercise our rights.

3. Liability for defects

The customer’s rights relating to defects require them to have inspected the products and complained to us about any defects. If we are responsible for defects, we have the choice between rectifying them or replacing the defective products.
If the rectification of defects proves unsuccessful, the customer may choose to return the products or request a discount. Guarantee claims lapse twelve months after the transfer of risk

4. Liability for damage

We accept no liability for breaches of duties due to slight negligence provided that no obligations essential to performance of the contract, damages in relation to loss of life, personal injury or damage to health and claims under the German Product Liability Act are involved. The same applies to breaches of duties on the part of our agents or proxies. Liability for compensation will be limited to foreseeable and typical damage unless the contract breach is found to have been premeditated or there has been a culpable breach of a major contractual duty.

5. Use of images

The customer must obtain our consent before using images with ‘Gottseidank’ products, regardless of who produced the image, and before using the ‘Gottseidank’ brand for promotional purposes.
The customer is not authorised to set up websites or social media profiles under the name ‘Gottseidank’.

6. Final provisions

The place of fulfilment and court of jurisdiction is Munich. This contract is subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods.

Updated: February 2017