General terms and conditions
§ 1 Scope and definitions
1. Scope of application
The following terms and conditions apply exclusively to all offers, deliveries and other services. We do not recognise any deviating conditions of the customer, except with our express written confirmation. All offers, deliveries and other services are provided in accordance with the general business relations valid on the day the order is placed.
a. Consumers within the meaning of the terms and conditions of business are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them (§ 13 BGB).
b. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who exercise a commercial or independent professional activity (§ 14 BGB).
c. Customers within the meaning of the General Terms and Conditions are both consumers and entrepreneurs.
§ 2 Offers and conclusion of contract
a. All offers are subject to change. As an entrepreneur you are obliged to inform yourself independently about the current conditions. Therefore, please pay attention to all updates (notifications are made by e-mail, as Infopost or as a supplement to invoice letters or are available via partner login or freely on our website) and ask us in case of doubt. If you have access to the partner login, you can always call up the current conditions and prices on the Internet.
b. With the order the customer declares his binding offer of a contract. We will immediately confirm receipt of the customer's order. The confirmation of receipt does not yet represent a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
c. We are entitled to accept the contractual offer contained in the order within five working days of receipt.
d. The conclusion of the contract follows with the reservation that in the event of incorrect or improper self-supply, we will not or only partially perform. The customer will be informed immediately in the event of non-availability or only partial availability of the service. The consideration will be refunded immediately.
e. The text of the contract is stored by us and will be sent to the customer by e-mail after conclusion of the contract together with the legally effective General Terms and Conditions of Business.
f. The sale of the offered goods is only to persons of legal age.
§ 3 Prices
Our prices are ex works. Prices for entrepreneurs are quoted without statutory VAT, for consumers the prices quoted include statutory VAT. Invoices are always issued inclusive of the value added tax valid at the current time in the Federal Republic of Germany. The amount is shown separately on the invoice on the day of invoicing. Costs arising from the dispatch or transport of the goods (see also § 8) shall be borne by the customer, unless expressly agreed otherwise. The shipping costs for consumers are again clearly indicated on the product pages, in the shopping cart system and on the order page and are shown separately on the invoice.
§ 4 Terms of payment
The payment of the goods can be made either by invoice, Paypal or prepayment. Special conditions may apply for the entrepreneur. These special conditions (wholesale conditions, dealer conditions, discount conditions etc.) can be granted or refused depending on the payment method. Heinrich Eggersmann Futtelmittelwerke GmbH reserves the right to completely exclude certain methods of payment in individual cases.
§ 5 Reservation of title
The delivered goods only become the property of the buyer when the buyer has paid the price of the goods in question in full. For entrepreneurs, this reservation of title shall apply until receipt of all payments arising from the business relationship (in the case of payment by cheque or bill of exchange, until they have been honoured).
§ 6 Extended and prolonged reservation of title for entrepreneurs
a. The customer is entitled to resell the object of sale in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including value added tax) of our claim, which accrue to him from a resale against his customers or third parties, irrespective of whether the object of sale has been resold without or after processing. The customer remains entitled to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. We undertake, however, not to collect this claim as long as the customer meets his payment obligations from the proceeds received, does not fall into arrears and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended. If this is the case, however, we can demand that the customer discloses the debtors' claims assigned to us, provides all information necessary for collection, hands over the associated documents and informs the debtors (third parties) of the assignment.
b. The processing or alteration of the purchased goods by the customer is always carried out for us. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount including VAT) to the other processed objects at the time of processing. For the rest, the same shall apply to the object resulting from processing as to the object of sale delivered under reservation of title.
c. In the event of seizure or other interventions, the customer must inform us immediately in writing so that we can take legal action in accordance with § 771 ZPO (German Code of Civil Procedure). Insofar as the third party is able to reimburse the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us.
§ 7 Delivery times
Delivery will be made as soon as possible. For items in stock an order will be shipped within 1-3 working days. Fixed dates require our explicit, written consent.
§ 8 Shipping, shipping costs, return costs for revocation and transfer of risk
Shipping costs and transfer of risk: Delivery is agreed "ex works". If the customer is an entrepreneur, the customer shall determine and bear the respective costs incurred for his transport on his own responsibility. The responsibility for transport lies with the entrepreneur even if Heinrich Eggersmann Futtermittelwerke GmbH commissions a forwarding agency for the entrepreneur for logistical reasons. The shipping costs for consumers are again clearly indicated on the product pages, in the shopping basket system and on the order page. If the customer, as a consumer, makes use of his right of revocation, the customer must bear the regular costs of the return shipment. In the case of entrepreneurs, the risk shall pass to the buyer upon handover to the carrier or forwarding agent of the goods. In the case of entrepreneurs, we do not assume any liability for the correct and timely execution of the delivery order by the carrier or forwarding agent. Complaints of this kind must be addressed directly to the executing carrier or forwarding agent. In the case of consumers, the risk shall only pass to the buyer when the carrier or forwarding agent hands over the goods to the buyer.
§ 9 Warranty
We guarantee that the goods sold are free of material and manufacturing defects at the time of the transfer of risk and have the contractually guaranteed properties. Upon arrival, the entrepreneur must immediately inspect the goods for defects and condition. The entrepreneur should note any defects and shortages on the carrier's delivery note, have them signed by the carrier and send them to Heinrich Eggersmann Futtermittelwerke GmbH promptly (e.g. by fax). In the case of obvious defects, these must be reported to us in writing within 14 days of discovery at the latest. Punctual dispatch suffices to meet the deadline. Otherwise the warranty for these defects shall be void.
§ 10 Consumer's right of withdrawal
Right of withdrawal
You can cancel your contract declaration within 14 days without giving reasons in any form (e.g. by letter, fax, e-mail) or - if the goods have been 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 recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB and our obligations under § 312g para 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation is to be addressed to:
Company: Heinrich Eggersmann Futtermittelwerke GmbH
Management: Heinrich Eggersmann
Street, postal code, place: Galgenfeld 1, D-31737 Rinteln
fax: 0049 (0)5751/179319
Consequences of withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are not able to return or surrender the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for the value. This can lead to the fact that you must nevertheless fulfil the contractual payment obligations for the period until the revocation. For the deterioration of the item and for any use made of it, you must only pay compensation if the use or deterioration is due to handling of the item that goes beyond the inspection of the properties and functionality. By "testing the properties and functionality" we mean the testing and trying out of the respective goods, as it is possible and usual in a retail shop. Items that can be shipped as a parcel are to be returned at our risk. You have to bear the regular costs of the return shipment. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
End of the revocation instruction
§ 11 Limitation of liability and exclusion of liability
a. In the case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, direct average damage typical of the contract. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
b. The above limitations of liability do not affect the customer's claims arising from product liability. Furthermore, the limitations of liability do not apply in the case of physical injury and damage to health attributable to us or in the case of loss of life of the customer.
§ 12 Applicable law / Place of jurisdiction / Place of performance
a. Contractual relationships to which these terms and conditions of sale and delivery apply are subject to the law of the Federal Republic of Germany. In the case of consumers who do not conclude the contract for professional or commercial purposes, this legal form shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 are excluded.
b. For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the local court at the supplier's registered office or the chamber for commercial matters of the regional court responsible for our registered office shall be competent, depending on the amount in dispute. However, we are also entitled to sue the customer at the court of his place of residence or business.
c. Unless otherwise stated in the order confirmation, our place of business is the place of performance for entrepreneurs.
§ 13 Final provisions
Should any provision of this agreement be or become invalid, this shall not affect the validity of the remaining provisions.
§ 14 Business owner and address
Business owner: Heinrich Eggersmann
Management: Heinrich Eggersmann
Company headquarters: Rinteln, Germany
Business address (for complaints and returns): Heinrich Eggersmann Futtermittelwerke GmbH, Galgenfeld 1, D-31737 Rinteln