General Terms and Conditions of Pferdegold Vertriebs GmbH
§ 1 - Scope of application
(1) All our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions (hereinafter: GTC). These are an integral part of all contracts that we conclude with our contractual partners (hereinafter referred to as: dealers) for the deliveries or services offered by us. Only orders placed via our web shop/online store are based on other General Terms and Conditions. (2) The General Terms and Conditions apply both to consumers (§ 13 BGB) and to entrepreneurs (§ 14 BGB). Should individual clauses only apply in the contractual relationship with entrepreneurs and not in the contractual relationship with consumers, this is expressly mentioned in the corresponding clauses, for example in the following clause in §1 para. 3. (3) If the dealer is an entrepreneur, these GTC shall also apply to all future deliveries, services or offers to the dealer, even if they are not separately agreed again, and insofar as these future transactions are not orders via our web shop/online store. (4) Terms and conditions of the retailer or third parties shall not apply, even if we do not separately object to their validity in individual cases. Even if we refer to a letter that contains or refers to the terms and conditions of the retailer or a third party, this does not constitute agreement with the validity of those terms and conditions.
§ 2 - Offer, conclusion of contract
(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 commissions within fourteen days of receipt. (2) The purchase contract shall be concluded by acceptance of the order following the order or commission. Reference is made to the regulation in §10. (3) Information on the object 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 identifications of the delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements are permissible, provided they do not impair the usability for the contractually intended purpose.(4) The dealer is entitled to advertise the contractual products on the Internet and in particular on his homepage and to sell them both via the Internet and via the point of sale. Distribution / resale of the products of the entrepreneur on the Amazon platform is prohibited in any form whatsoever.
§ 3 - Prices, payment, offsetting
(1) Unless otherwise agreed, the prices contractually agreed with the dealer shall apply. Our prices are ex works. (2) Unless otherwise agreed, packaging and shipping costs shall be paid separately.(3) If the agreed prices are based on our list prices and delivery is to take place more than four months after conclusion of the contract, our list prices valid at the time of delivery shall 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) The 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 the payment by us shall be decisive for the timeliness of the payment. (6) If the retailer fails to pay by the due date, the outstanding amounts shall bear interest at the statutory interest rates from the due date. We reserve the right to claim further damages for default. (7) Offsetting against counterclaims of the customer or the retention of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established.(8) We shall be entitled to execute or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, we become aware of circumstances which are likely to significantly reduce the creditworthiness of the dealer and which jeopardize the payment of our outstanding claims by the dealer arising from the respective contractual relationship.
§ 4 - Delivery, delivery time
(1) Deliveries shall be made ex warehouse. (2) Deadlines and dates for deliveries and services promised by us are always only approximate, unless a fixed deadline or a fixed date has been expressly promised or agreed. If shipment has been agreed, delivery periods and delivery dates shall refer to the time of handover to the forwarding agent, carrier or other third party commissioned with transportation.(3) We shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (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 failure of suppliers to deliver or to deliver correctly or on time) 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 only of a temporary nature, we are entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates postponed by the period of the hindrance plus a reasonable start-up period. If the dealer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by immediate written declaration to us.(4) We are entitled to make partial deliveries if the partial delivery can be used by the retailer within the scope of the contractual purpose, the delivery of the remaining ordered goods is ensured and the retailer does not incur any significant additional expenses or additional costs as a result (unless we agree to bear 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 shall be limited in the case of a sale to a consumer in accordance with §6 and in the case of a sale to an entrepreneur in accordance with §8 of these GTC.
§ 5 - Place of fulfillment, shipping, transfer of risk
(1) Unless otherwise agreed, the place of performance for all obligations arising from the contractual relationship shall be Seinsheim. (2) If delivery of the object of purchase is agreed, the mode of shipment and packaging shall be subject to our dutiful discretion. (3) The risk is transferred to the dealer at the latest when the object of purchase is handed over (whereby the start of the loading process is decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if the transportation is carried out by us or if partial deliveries are made. If the shipment or handover is delayed due to a circumstance caused by the dealer, the risk shall pass to the dealer from the day on which the object of purchase 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 buyer, who is a consumer, shall be entitled to the statutory rights. (2) The basis of our warranty and liability for defects is above all the agreement reached on the quality of the goods. In particular, all product descriptions and the best-before dates (BBD) specified shall be deemed to be an agreement on the quality of the goods. If no express agreements have been made regarding a best-before date, the usual best-before date for the goods shall be deemed to have been agreed. This means that, as a rule, no claims can be asserted after the expiry of an agreed best-before date due to the expiry of the best-before date or the lack of usability. (3) However, our liability for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited in these cases to the foreseeable damage typical for the contract. (4) The above limitation of liability shall 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.
§ 7 - Warranty for sales to entrepreneurs
(1) The warranty for sales to entrepreneurs shall be determined in accordance with the provisions of this §7. (2) §6 para. 2 shall apply accordingly.(3) The warranty period shall be one year from delivery or, if acceptance is required, from acceptance. This period shall not apply to claims for damages by the customer arising from injury to life, body or health or from intentional or grossly negligent breaches of duty by us or our vicarious agents, which shall in each case become statute-barred in accordance with the statutory provisions. (4) The delivered objects of purchase must be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. With regard to obvious defects or other defects that would have been recognizable during an immediate, careful inspection, they shall be deemed to have been approved by the customer if we do not receive a notice of defects within seven working days of delivery. With regard to other defects, the objects of purchase shall be deemed to have been approved by the customer if we do not receive a notice of defects within seven working days of the time at which the defect became apparent. However, if the defect was already recognizable to the customer at an earlier point in time during normal use, this earlier point in time shall be decisive for the start of the period for giving notice of defects. At our request, a rejected delivery item must be returned to us carriage paid. In the event of a justified notice of defects, we shall reimburse the costs of the most favorable shipping route; this shall not apply if the costs increase because the object of purchase is located at a place other than the place of intended use. (5) In the event of material defects in the delivered items, we shall initially be obliged and entitled to rectify the defect or make a replacement delivery at our discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, 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 demand compensation for damages under the conditions set out in § 8 below.
§ 8 - Liability for sales to entrepreneurs
(1) Liability for sales to entrepreneurs shall be determined in accordance with the following provisions of this § 8. (2) Our liability for damages, irrespective of the legal grounds, in particular for impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, shall be limited in accordance with this § 8, insofar as fault is involved in each case. (3) We shall not be liable in the event of simple negligence on the part of our executive bodies, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. Material contractual obligations are 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 more than insignificantly, as well as obligations to provide advice, protection and care that are intended to enable the customer to use the object of purchase in accordance with the contract or to protect the life and limb of the customer's personnel or to protect the customer's property from considerable damage. (4) Insofar as we are liable for damages on the merits in accordance with the provision in Section 8 (3), this liability shall be limited to damages which we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which we should have foreseen if we had exercised due care. Indirect damage and consequential damage resulting from defects in the object of purchase shall also only be eligible for compensation if such damage is typically to be expected when the object of delivery is used as intended. (5) The above exclusions and limitations of liability shall apply to the same extent in favor of our executive bodies, legal representatives, employees and other vicarious agents. (6) Insofar as we provide technical information or act in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by us, this shall be provided free of charge and to the exclusion of any liability. (7) The limitations of this § 8 do not apply to our liability for intentional behavior, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
§ 9 – Retention of title
(1) We reserve title to the delivered goods until the purchase price for these goods has been paid in full. §Section 3 (9) remains reserved. During the existence of the retention of title, the customer may not sell the goods (hereinafter: reserved goods) or otherwise dispose of the ownership thereof or consume them. (2) In the event of seizure of the reserved goods by third parties - in particular by bailiffs - the customer shall draw attention to our ownership and inform us immediately so that we can enforce our ownership rights. (3) If the customer acts in breach of contract, in particular in the event of default of payment, we shall be 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 due to export control regulations. Deliveries and services for the fulfillment of concluded contracts are subject to the proviso that such obstacles do not prevent them.
§ 11 – Data protection
We take the protection of personal data very seriously, in particular in accordance with the provisions of the GDPR and the BDSG. Specific details and information on this can be found on our website under the 'Privacy Policy' menu.
§ Section 12 - Ownership and property rights
We reserve all rights, in particular ownership and industrial property rights, to all data, information, recipes, manufacturing processes and product compositions provided 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 he has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between us and the customer shall be Seinsheim, at our discretion. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision. (2) We do not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG). (3) The relationship between us and the dealer shall be 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) shall not apply.(4) Even if these GTC are provided in addition to or exclusively in English text form or English version, the German text form or German version shall nevertheless be exclusively authoritative.
- End of these GTC; as of March 2022
- End of these GTC; as of March 2022