GTC

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AGROBS GmbH Terms and Conditions

§ 1 Scope, definition of terms

(1)    The terms and conditions of AGROBS GmbH (hereinafter "Supplier") and the customer (hereinafter "Customer") shall be governed exclusively by the following terms and conditions in the version valid at the time of the order. Any deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Supplier expressly agrees to their validity in writing. This requirement of consent also applies if the Supplier submits the offer or acceptance with reference to the overriding validity of its own General Terms and Conditions, and/or the Supplier performs the service incumbent thereupon in the knowledge of the General Terms and Conditions of the Customer without reservation.

(2)    The Customer is a consumer if they conclude a legal transaction for purposes which can be attributed predominantly neither to the Customer's commercial nor self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of its commercial or independent professional activity when concluding a contract. 
(3)    Individual agreements made with the Customer in individual cases shall always take precedence over these Terms and Conditions.

(4)    Legally relevant declarations and notifications by the Customer with respect to the contract (e.g. setting of a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (such as a letter, e-mail, or fax). 

(5)    References to the validity of legal provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall apply insofar as they are not directly amended or expressly excluded in these Terms and Conditions. 
 

§ 2 Conclusion of contract

(1)    The presentation of goods and services in offers and in the online shop does not constitute a binding offer by the Supplier to conclude a contract. The product presentation in these offers serves only as an invitation to submit a purchase contract offer. We reserve the right to customary deviations of our products. Dimensions, illustrations and drawings as well as information about characteristics and performance features as part of the presentation of the Supplier’s goods and services are intended solely as preliminary information for the Customer and require written confirmation by the Supplier in order to be binding. 

(2)    Upon sending an order via the online shop by clicking the "BUY NOW" button, the customer places a legally binding order. Orders may be placed only by persons of legal age.

(3)    The Supplier shall confirm immediately by e-mail the receipt of the order placed through the online shop. Such an e-mail shall not be deemed to contain a binding acceptance of the order unless it contains the declaration of said acceptance in addition to the confirmation of receipt.

(4)    A contract is only concluded if the Supplier accepts the order by means of a declaration of acceptance or by delivering the ordered items.

(5)    Prices are quoted ex-works including packaging. If the Supplier and the Customer agree in writing that the Supplier's delivery or service shall be performed later than four months after conclusion of the contract, the Supplier reserves the right to change its prices vis-à-vis the Customer if cost reductions or cost increases occur after conclusion of the contract due to changes in the price of materials. The Supplier will provide proof of this to the Customer on request. The Customer shall bear all additional fees, taxes, freight charges or increases thereof which affect the object of purchase, unless mandatory statutory provisions require otherwise.
 

§ 3 Delivery, availability of goods

(1)    If, at the time of the Customer's order, no items of the selected product are available, the Supplier shall inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Supplier shall refrain from a declaration of acceptance. In this case a contract shall not be concluded.

(2)    The Supplier is entitled at all times to make partial deliveries, provided this is acceptable to the Customer.
The event of delayed delivery shall be determined in accordance with the statutory provisions. In any case, however, the Customer is required to issue a reminder. Unforeseeable and unavoidable events (war, warlike circumstances, energy or raw material shortages, sabotage, strike, statutory lockout, as well as all other operational disruptions or governmental influences for which we are not responsible, for example delivery bottlenecks, the COVID-19 pandemic, or the conflict in Ukraine) shall release us from the obligation to supply goods and services for the duration of their occurrence, including if such events occur during an already existing delay. Delivery periods and dates shall in this case be extended by a reasonable amount. This also applies to late or incorrect deliveries or services by our suppliers for which we are not responsible. 

 

§ 4 Retention of ownership

(1)    The delivered goods remain property of the Supplier until paid in full.

(2)    Prior to transfer of ownership, no pledging, transfer by way of security, processing or transformation shall be permitted without written consent from the Supplier. The Customer shall undertake to inform the Supplier immediately of any kind of enforcement proceedings and to give the us the opportunity to file a third-party action against execution in accordance with Section 771 of the German Code of Civil Procedure (ZPO). The Customer shall bear all costs incurred in this respect.

(3)    The Customer hereby assigns to the Supplier the claims and rights against third parties to which they are entitled from the sale, processing, combining, mixing or other transfer of the goods, including all ancillary and preferential rights. The Supplier hereby accepts the assignment. If the delivered goods – regardless of their condition – are sold, processed, mixed or otherwise transferred to third parties, all third-party claims shall be transferred to the Supplier immediately upon their formation without further ado and in full. If the Customer is an entrepreneur, claim for reassignment shall exist only after complete repayment of the liabilities vis-à-vis the Supplier. If the Customer’s claim against its customer has already been assigned to a third party, its claims for reassignment against the third party shall pass to the Supplier.

(4)    In the event of access by third parties to the goods subject to retention of title, the Customer must immediately inform the third party of the Supplier’s existing rights as well as fully inform the Supplier. 

(5)    The Customer is obliged to store the goods, subject to retention of title, professionally and carefully and to insure them sufficiently against loss and damage. The Customer shall also bear the risk of loss, damage or destruction of the reserved goods.

(6)    For an entrepreneur, the following applies additionally:

The delivered goods remain the property of the Supplier until all claims of the Supplier arising from the business relationship have been settled in full. This shall also apply if the purchase price for individual deliveries has already been paid. The Customer may only dispose of goods subject to retention of title within the context of proper business management.

If the goods are processed, combined, or mixed to make other goods, the retention of title shall also extend to the resulting manufactured goods. The treatment or processing of goods subject to retention of title shall be deemed to have been carried out on behalf of the Supplier without any liabilities arising for the Supplier from this. In this respect, the Supplier is the manufacturer pursuant to Section 950 of the German Civil Code (BGB). The Customer hereby assigns ownership or co-ownership rights to the processed, combined, or mixed objects and the Customer’s surrender claims to the Supplier. The Supplier shall accept the assignment. It shall store the goods in its possession and subject to retention of title free of charge for the Supplier.
 

§ 5 Prices, shipping costs and transfer of risk

(1)    All prices given in the online shop are understood to include relevant statutory sales tax.

(2)    The shipping costs are stated in the price information in the online shop. The price, including sales tax and any shipping costs, is furthermore displayed in the order screen before the Customer places the order.


 

§ 6 Payment terms

(1)    Unless otherwise arranged, the purchase price owed by the Customer is due immediately upon conclusion of the contract.

(2)     In the online shop, the Customer may choose to pay the purchase price and shipping costs by way of bank transfer, EC/Maestro card or credit card, or PayPal, and in exceptional cases by way of SEPA Direct Debit.
The debit of the EC-/Maestro card, credit card, or PayPal account shall occur at the completion of the order.

 

§ 7 Warranty for material defects, notice of defects, guarantee

(1)    The Supplier shall be liable for material defects vis-à-vis consumers in accordance with the applicable statutory provisions, in particular Section 434 ff. of the German Civil Code (BGB).

(2)    The goods provided by the Supplier shall have an additional guarantee only if this was expressly delivered in the order confirmation for the respective item.

(3)    For an entrepreneur, the following applies additionally:

a)    The Supplier guarantees that the goods are free of defects ex works. The Customer shall immediately inspect the delivered goods after receipt for any defects. The obligation to inspect extends to the entire delivery.

b)    The goods shall be stored properly and in a place suitable for animal feed, and shall be protected from loss, destruction, and damage. Notice of defects of any kind must be given to the Supplier promptly but at the latest within 7 days of receipt of the goods, however in any event before transfer, use, treatment or processing, giving exact details of the purported individual defects and sending evidence thereof. Notices of defects which do not meet these requirements or which are only raised during or after use or processing of the goods shall not be taken into account, so that a warranty obligation on the part of the Supplier shall lapse in this respect. The Customer shall give notice of non-apparent defects immediately after their discovery, but at the latest within 7 days after their discovery in accordance with the requirements of b). 

c)    In accordance with the statutory provisions,if a defect is in fact present, the Supplier shall bear or reimburse the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour, and material costs. Otherwise, the Supplier may demand that the Customer reimburse the costs arising from an unwarranted demand for the rectification of defects (in particular inspection and transport costs), unless the Customer was unable to recognise the lack of defects.

d)    If the notification of defects is made in a timely and justified manner, the Supplier shall take back the defective parts of the goods, provided they are still in the condition in which they were delivered, and replace them with other goods at no cost subject to delivery options. The Supplier shall however be entitled to refund the purchase price instead of offering a replacement delivery. If the replacement goods are also defective, the Customer shall also be entitled, if so desired, to a reasonable reduction of the remuneration or rescission of the contract.

e)    Warranty claims expire 1 year after delivery.

 

§ 8 Liability

(1)    The Customer shall have no claim to compensation for damages. Excluded from this are claims by the Customer for damages arising from injury to life, limb, or health or from the breach of essential contractual obligations (material obligations), as well as liability for other damages based on an intentional or grossly negligent breach of obligations by the Supplier, its legal representatives or vicarious agents. Material contractual obligations are those which must be fulfilled to achieve goals the objective of the contract.

(2)    In the event of a breach of material contractual obligations, the Supplier shall only be liable for the foreseeable damages typical for the contract if these were caused by simple negligence, unless it involves claims by the Customer for damages arising from injury to life, limb, or health.

(3)    The limitations of (1) and (2) also apply with respect to the Supplier's legal representatives and vicarious agents if claims are made directly against them.

(4)    The provisions of the Product Liability Act shall remain unaffected.

 

§ 9 Revocation policy

If the Customer is a consumer, the following shall apply additionally:

 
(1)    Revocation policy

You have the right to revoke this contract within 14 days without having to give a reason. 
The revocation period is 14 days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods (or the last delivered goods, in the case of partial deliveries). 

If you wish to withdraw from the contract, you can inform us of your decision to withdraw by means of a clear declaration (for example by mailed letter, telefax, or email). You may formulate your withdrawal in your own words or use the revocation form. Use of the form is not required.
    To:

• I/we (* hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only for paper-based notification)
• Date

For compliance with the revocation period, it is sufficient that you send notification of the exercise of the right of revocation before the expiry of the revocation period. 

(2)    Consequences of revocation:

If you revoke this contract, we will repay to you all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the least expensive standard delivery method offered by us), promptly and no later than 14 days from the date we receive notice of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; you will not be charged for this refund. We may refuse to issue a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs earlier.
You must return or submit the goods to us immediately, and no later than fourteen days from the day on which you notify us of the revocation of this contract. This period shall be deemed to have been observed if you ship the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall be liable for any depreciation of the goods only if such depreciation is determined, through an examination of properties and functionality, to have been caused by you through unnecessary handling.

End of the right of revocation disclaimer

(3)    The right of revocation does not apply to distance contracts

a)    for the delivery of goods which were produced according to the Customer’s specifications, or which clearly are tailored to personal requirements or which, due to their qualities, are unsuitable for return or can spoil quickly or their expiry date is exceeded,

b)    for the delivery of audio or video recordings or of software, if you have removed the seal of the delivered data carrier.
 

§ 10 Dispute settlement proceedings before a consumer arbitrator

The Supplier is neither willing nor required to participate in dispute resolution procedures before a consumer arbitrator. 

§11 Data processing notice

(1)    The Supplier collects data from the Customer as part of fulfilment of the contract. In doing so, it observes in particular the provisions of the German Federal Data Protection Act and the EU General Data Protection Regulation (GDPR). Without the Customer’s consent, the Supplier will only collect, process or use the Customer’s inventory and usage data to the extent that this is necessary for the implementation of the contractual relationship and for the use and billing of telemedia.

(2)    The Supplier will not use the Customer's data for purposes of advertising, market research or opinion surveys without the Customer's prior express consent in writing.

 

§12 Information on the return of packaging

In accordance with Section 15 (1) of the German Packaging Act (VerpackG), as manufacturer or distributor of transport packaging, sales packaging and outer packaging, which, after use, do not typically constitute waste for private end consumers, system-incompatible sales and outer packaging, sales packaging of pollutant-containing filling goods or returnable packaging, we are obligated to take back used, emptied packaging material of the same type, shape, and size as that which is put into circulation by us, at no charge.
The packaging should not be placed with residual waste, but returned into the economic cycle. By returning it, you help to ensure its environmentally friendly recycling in accordance with the specifications of the German Packaging Act and facilitate fulfilment of the recycling requirements.

§ 13 Final provisions and place of jurisdiction

(1)    The law of the Federal Republic of Germany applies exclusively to contracts between the Supplier and the Customer to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(2)    To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Supplier is the Supplier's registered place of business.

(3)    If individual points of the contract are found to be legally invalid, the remaining parts of the contract remain binding. Any ineffective points shall be replaced by the statutory provisions.


Version from: 08/12/2022