Terms & conditions
1.1 The following conditions apply to all business relations to our customers, as far as no other agreement exists.
1.2 Customers’ trading conditions opposing ours are not binding for us, even if we have not explicitly objected them.
1.3 These conditions apply only to natural or legal persons or legally responsible unincorporated firms, who act in practice of a commercial or independent activity (entrepreneurs).
1.4 Technical changes we reserve ourselves expressly.
1.5 Technical color deviations by new edition are not a com - plaint reason.
1.6 All tea ingredients listed in our catalogue are to the best of our knowledge and in accordance with the current labeling requi - rements complete. These specifications are provided solely for your information and do not release from testing yourself for the intended use and of the risk of violation of intellectual property rights of third parties. For this purpose we will be pleased to send you a complete list of ingredients on request.
2. Offer, contract conclusion
2.1 Unlimited offers of ours are not-binding and without obligation unless explicitly declared otherwise. They invite customers to make an offer towards concluding the contract.
2.2 Supply contracts are concluded by our written confirmati - on of order or by us carrying out the requested task.
2.3 Verbal and telephone agreements that are not made with one of our managing directors or attorneys are only obligatory for us if they are confirmed in writing. In this sense our employees’ authority is limited.
3.1 Unless other agreements are made, the prices in our cur - rent price list including packing are valid. The delivery is free within Germany and charged ex works internationally.
3.2 We reserve ourselves the right to alter the price after contract conclusion in case of a price in- or decrease due to different raw material prices or cargo prices. If this is the case, the customer will be informed immediately, however at the latest 14 days before the delivery date. On demand we will show the customer verification of the extra costs. If the prices increase more than 5% in relation to the agreed sum, the customer has the right to withdraw from the contract within 7 days after notice of the respective price increase.
3.3 Our offers underlie a net invoice amount of 200.00 €. Or - ders from up to 50.00 € to 199.00 € are carried ou with a cost sharing. At the moment, the cost sharing amounts of 15.00 €.
4. Delivery period
4.1 Unless delivery times are not explicitly agreed on as bin - ding, they are to be considered estimated dates and are not binding. Fixed delivery dates require our explicit written confirmation.
4.2 We are at any time justified to deliver partially and parti - ally complete given tasks
5. Force majeure
5.1 In cases of force majeure, in particular strike, lock-out, war, unforeseeable lack of raw material or of energy, traffic or ope - rating obstructions we are not responsible for as well as obstructing sovereign orders, the contractual obligations are suspended for the duration of the disturbance and its consequences. This also happens if the force majeure makes carrying out the task uneconomic in the foreseeable future. These statements are also applicable if one of our suppliers suffers force majeure and there is no other reasonable way of obtaining the respective goods.
5.2 If the resulted delays exceed six weeks exceeding the delays resulting in from it the period of six weeks, then are justified both contracting parties to withdraw regarding the capacity concerned from the contract.
5.3 Claims for damages from the customer are excluded in case of force majeure.
6.1 All deliveries take place and travel at risk and cost of the receiver, delivery and packing always take place in our best discretion.
6.2 As soon as the product has left our factory or been received by the delivery company, the risk lies with the customer. This applies also in the case of free delivery.
6.3 Obvious transport damages and incomplete supplies must be indicated to the delivery company by the customer immediately in writing.
6.4 1 % of sum insured on all articles. If the transport insurance is not required, we will only supply at the buyer’s risk and as regards this the customer shall not be entitled to reclaims of any transport damages.
6.5 The retraction and disposal of packing and empty contai - ners is not included in our prices.
6.6 The remuneration of goods that the customer dislikes or errors made during the ordering process will be credited after retrieval at 30 % reduction. The return of goods due to the expiration of best before dates is excluded.
7.1 The customer has to examine the delivered goods immediately on arrival, checking for defects, incorrect deliveries and quantity discrepancies.
7.2 Complaints are to be made in writing within 10 days of delivery and/or 8 days of the discovery of the reason of complaint. Complaint letters are recognized only if a sample of the supplied goods is attached to them.
7.3 The guarantee period amounts to 12 months starting from the delivery date.
7.4 In case of warranty claims, we reserve ourselves the right to either deliver missing goods, supply a substitute or improve the delivered goods. If it is not possible to improve or replace faulty pro - ducts or doing so takes an unreasonable amount of time, the customer can ask for a price reduction. If no arrangement can be made, the customer can demand the resolution of the contract.
7.5 Returned goods will only be accepted if an explicit agree - ment exists.
7.6 Credit notes below 20.00 € no matter what the reason is, will not be disbursed but can be charged for the next account.
8.1 We are liable for cases of criminal intention and gross negligence according to the legal regulations.
8.2 The liability for damage caused by gross negligence of simple executing aides is limited to the typical, foreseeable damage. In the first instance, this damage will be generally limited to the invoice amount of our performance. The customer is free to show evidence of a greater typical damage.
8.3 We are only liable for simple negligence when a sub - stantial contract obligation has been injured or when the effects of negligence affect lives, bodies or health.
8.4 Liability according to the law of product liability remains untouched.
9. Terms of payment
9.1 If no other agreement exists, full payment has to be made in advance of shipment.
9.2 In case of default of payment, an interest rate of 8% over the respective base rate p.a. will be added to the invoice. This does not exclude further steps to be taken due to default-caused damage.
9.3 In case of default of payment, we reserve ourselves the right to add previous deductions to the invoice
9.4 In the case of returning cheques or debit payments for which we are not responsible the client will be charged of 25.00 € for incurred bank and processing fees.
9.5 Set-offs or retentions can only be exercised by the custo - mer, if they are legally arranged or undoubted
9.6 The customer’s payments are always offset against the oldest outstanding account.
For the delivery of customized items, e.g. articles that are not part of our regular offering but are sold soley on request of a customer, the following rules apply:
10.1 We do not take liability for customized designs: the customer has to take full liability for any designs, fotos, logos, or slogans pro - vided to create and market customized articles. By placing an order with us, the customer confirms that the material provided is free of rights and may be used by third parties. Should any rights be damaged by using the provided material, the customer has to take full responsi - bility, release us from any liability and pay all associated costs.
10.2 Proofs: prior tot he development of any customized products, the customer will receive proofs from us. These proofs have to be accepted and signed off. By signing off the proofs, the customer takes on full responsibility for the content and the designs.
11.1 The supplied commodity remains our property until all open accounts against the customer have been settled.
11.2 If the customer does not act according to the terms of the agreement, we can withdraw from the contract and demand the return of our goods without loss of our other rights.
11.3 The customer may only dispose of our conditionally pro - vided goods in the duly course of business if he has punctually fulfilled his contract-related obligations.
11.4 The customer is committed to immediately inform us if a third party accesses the commodity supplied under retention of title and to give us the information and documents necessary to assert our rights.
11.5 During the processing of our commodity, we are classified as the manufacturer and the processing effects take place in our name. We acquire property of the developing goods and/or co- ownership in relation to percentage of the invoice our goods form in comparison to that of other used materials, while the customer still owns the expectant rights of the product. These statements also apply when connecting and mixing items.
11.6 Since placing the order, the customer conveys us all receivables that the customer has developed or is still developing by selling or processing our products or legal regulations entailing our property loss, including all ancillary rights until he has fulfilled all contract related obligations towards us. The amount is composed by the percentage of the sold or processed goods that our products represent. The customer is obligated to immediately inform us of any access a third party may have to book accounts assigned to us.
11.7 The customer is allowed to require the release of the supplies as far as their realizable value exceeds the receivable’s value by 20%. The customer is allowed to collect receivables, as long as he duly fulfils his obligations to us. If asked to do so, the customer must communicate the addresses of his customers and the sum of the respective receivables with invoice copies.
12. Place of fulfilment, jurisdiction, law applicable
12.1 The place of fulfilment for all rights and obligations resul - ting from the contractual relation is Hanover concerning the payment, the storehouse specified in the confirmation of order concerning the delivery.
12.2 If the customer is a legal person of public law, a trader or a separate estate under public law, the area of jurisdiction for all legal disputes resulting from the contractual relation is determined by our company headquarters in Hanover. For non-traders, the jurisdiction of the “Zivilprozessordnung” (“ZPO”) is applicable. We reserve ourselves the right to proceed against the customer at a jurisdiction justified by the ZPO.
12.3 The law of the Federal Republic of Germany under exclu - sion of the UN Convention on Contracts is applicable.
13. Online Dispute Resolution in accordance with Article 14, Section 1 of ODR-VO:
The European Commission provides a platform for online dispute resolution (OS) see more under http://ec.europa.eu/consumers/odr/.
As of July 2014.