General Business Terms and Conditions of Neuland GmbH & Co. KG
§ 1 In general – scope of applicability
(1) Your contracting partner: Neuland GmbH & Co. KG, Am Kreuzacker 7, D-36124 Eichenzell
Tel.: 0049 / 6659 88-0, Fax: 0049 / 6659 88-188, email: [email protected]
Commercial Register: District Court of Fulda, HRA 1594 (hereinafter, “Neuland”).
(2) These General Business Terms and Conditions apply to all orders of goods by a customer (hereinafter, the “Customer”).
(3) Offers of goods in the online shop for business customers are directed exclusively at entrepreneurs within the meaning of section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). In placing its order, the Customer warrants that it is doing so solely in its capacity as entrepreneur, particularly as a natural or legal person or as a partnership, and that in concluding the transaction, it is acting in exercise of its commercial or self-employed business.
In addition, the special arrangements in Section 9 apply to orders placed by entrepreneurs in the online shop for business customers.
(4) Neuland’s General Business Terms and Conditions are exclusively applicable. Terms and conditions of the Customer that are contrary to or deviate from these General Business Terms and Conditions are not acknowledged, unless Neuland has expressly consented to their applicability in writing.
(5) Contract language is German.
§ 2 Conclusion of contract and subject of contract
(1) The depiction of products in the online shop and in other advertising media does not constitute a legally binding offer on the part of Neuland but rather merely a non-binding invitation to submit an offer.
(2) When using the online shop at www.neuland.com, the Customer, by clicking on the button “Order with obligation to pay”, submits a legally binding offer to purchase one of the goods displayed in the shopping cart at the indicated price.
(3) Any input errors can be corrected at any time before the order is triggered by pressing the "Back" button on the browser or removing items from the online shopping cart.
(4) Immediately after submitting the order, the purchaser receives an e-mail confirmation from Neuland, which constitutes an acknowledgment of receipt only. This confirmation of receipt does not constitute acceptance of the customer's order.
(5) The purchase contract comes into effect within at most five business days when an order confirmation is sent to the email address specified by the Customer or with delivery of the goods.
(6) The contract text is not stored separately by us and is therefore not retrievable for customers. We recommend saving the e-mails received in connection with an order and printing them as needed. You have the right to withdraw from this contract within fourteen days without providing any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
§ 3 Delivery and transfer of risk
(1) Delivery is made to the address indicated by the Customer when placing the order.
(2) Delivery dates and delivery periods are indicated for the individual products. If through no fault of its own, Neuland is not supplied with products, it may rescind the contract and is released from the duty to perform. In such case, Neuland will give the Customer prompt notice of the unavailability and, in the event of rescission, refund to the Customer any payments that it may have made.
(3) If the Customer is in default in acceptance, or if it culpably breaches other duties of cooperation, Neuland is entitled to demand compensation of the damages incurred, including any additional expenses. In the event of default in acceptance, or in the case where the Customer is otherwise responsible for the delay, Neuland may store the ordered products at the Customer’s risk and expense. After setting a grace period for acceptance of the products and fruitless expiry thereof, Neuland may rescind the contract and demand compensation of damages in lieu of performance. Farther-reaching claims and rights remain reserved for Neuland.
§ 4 Prices and payment terms
(1) The prices listed in the online shop for private customers are gross prices and include applicable value-added tax.
The prices listed in the order catalogue and in the online shop for business customers are net prices and do not include applicable value-added tax.
(2) In addition to the order confirmation, the Customer is sent a detailed invoice listing value-added tax and shipping costs.
(3) The amount of the shipping costs can be seen under the heading “Delivery Information”.
§ 5 Retention of title
Neuland retains title to all goods delivered to the Customer until they have been paid for in full.
§ 6 Liability for defects
(1) For private customers, the statutory prescription period for warranty claims in the case of delivery of new goods amounts to two years, starting with delivery of the goods.
(2) If you are ordering as a private customer and the delivered goods show obvious damages from transport, we ask that you kindly lodge a complaint with the shipper and notify Neuland of this. If you fail to meet this request, this has no effect whatsoever on your statutory or contractual claims for defects.
§ 7 Right of revocation
Consumers have a statutory right of revocation. A consumer is any natural person who concludes a transaction for purposes that predominantly may not be attributed to his/her commercial or self-employed business (section 13 BGB).
Right of revocation
You have the right to revoke this contact within 14 days without having to provide reasons. The revocation period amounts to 14 days, starting on the day on which you or a third party designated by you, who is not the shipper, took possession of the last goods.
In order to exercise your right of revocation, you must notify us:
Neuland GmbH & Co. KG, Am Kreuzacker 7, D-36124 Eichenzell
Tel.: 06659 88-0, Fax: 06659 88-188, email: [email protected]
by means of an unambiguous declaration (e.g. a letter sent by ordinary mail, fax, or email) about your decision to revoke this contract. For this purpose, you may use the attached model revocation form, but this is not mandatory. To comply with the revocation deadline, it is sufficient if you send the notice concerning exercise of the right of revocation prior to expiry of the revocation deadline.
Consequences of revocation
If you revoke this contract, we must refund to you promptly, but not later than 14 days after the day on which we received the notice concerning your revocation of this contract, all payments that we have received from you, including shipping costs (other than additional costs that are incurred as a result of the fact that you chose a different type of delivery than the less expensive standard delivery that we offered). In making the refund, we will use the same form of payment that you used for the original transaction, unless we expressly agreed otherwise with you. In no event will you be charged any fees for this refund.
We may refuse to make the refund until the goods have been returned to us or until you have provided proof that you sent them back to us, whichever date is earlier.
You must send the goods back to us, or hand them over to us, without delay and in any case not later than 14 days after the day on which you notified us about the revocation of this contract. The deadline is met if you send the goods prior to expiry of the 14-day deadline. You bear the direct costs for returning the goods.
You are responsible for a deterioration in the value of the goods only if such deterioration is attributable to your having handled them in a manner that is not necessary to verify their quality, features, and mode of operation.
Model revocation form
If you wish to revoke the contract, please complete this form and return it to us to:
Neuland GmbH & Co. KG, Am Kreuzacker 7, D-36124 Eichenzell
I/we hereby revoke the contract concluded with me/us for the purchase of the following goods:
Ordered on (*)/received on (*) ____________________________
Name of the consumer(s) ____________________________
Address of the consumer(s) ____________________________
Signature of the consumer(s)
(only for notice given in paper form) ____________________________
(*) Delete as appropriate
§ 8 Data protection
§ 9 Additional provisions for entrepreneurs
The following provisions apply in addition only if the Customer is placing an order in its capacity as an entrepreneur within the meaning of section 14 BGB:
(1) Delivery dates: Anticipated delivery dates and delivery periods are indicated for the individual products. These are binding only if Neuland has confirmed them in writing.
(2) Transfer of risk: Risk passes to the Customer once the delivery has been consigned to the person carrying out transport. If shipment is delayed at the Customer's request, risk passes to it upon notification of readiness for shipment. Dispatch of ordered goods in several deliveries on different days is not precluded.
(3) Default in payment: In the event of payment default, Neuland is entitled to charge default interest in the amount of eight percentage points over the relevant base interest rate. Proof of greater damages remains reserved for Neuland.
(4) Set-off: The Customer is entitled to rights of set-off only where its counterclaims have been reduced to a legally enforceable judgment, are uncontested, or have been acknowledged by Neuland.
(5) Expanded retention of title: Neuland retains title to the goods until such time as the Customer has paid all claims under the business relationship, including those arising in the future, particularly any outstanding current-account balance existing on the quarterly closing date. The Customer may dispose of goods subject to retention of title in the ordinary course of business only with the consent of Neuland. In particular, the Customer may not pledge such goods or assign a security interest in them. In the event of breaches of duty by the Customer, particularly payment default, Neuland is entitled, including without setting a deadline, to demand surrender of the object of delivery that was sold without authorisation and/or to rescind the contract. The Customer is obligated to surrender same.
Demand for surrender of the object of delivery does not constitute a declaration of rescission by Neuland, unless this is expressly declared. If the Customer sells the goods without authorisation or otherwise turns them over to third parties, the Customer hereby assigns its claims against the third party to Neuland. Neuland may disclose the assignment if, despite warning and in compliance with a warning period of 10 days, payment was not made. If the Customer itself sells the goods subject to retention of title without the consent of Neuland, it thereby reserves title for Neuland. If goods delivered by Neuland are combined or amalgamated with other objects, the Customer hereby assigns to Neuland its ownership or, as the case may be, co-ownership rights in and to the combined object or new objects and safeguards same for Neuland with due commercial diligence.
The Customer is obligated to promptly notify Neuland about liens placed on goods subject to retention of title or on assigned claims. The Customer bears the costs of an intervention and must submit same at Neuland’s request. The Customer’s claims against its debtor that were assigned to Neuland through the expanded and extended retention of title are released by Neuland to the extent that the claim amounts exceed 110 percent of the nominal value of the claim against the Customer.
(6) Warranty: In the event that a trading transaction exists within the meaning of sections 343 and 344 of the German Commercial Code (Handelsgesetzbuch, HGB), the Customer's claims for defects are subject to its having properly met its obligations to inspect and object under section 377 HGB.
Accordingly, the Customer’s warranty and damage claims lapse if the Customer fails to inspect the delivery immediately upon receipt and to give prompt written notice to Neuland of any objections, as well as apparent and latent defects, in any event not later than 14 calendar days following receipt of the goods or, as the case may be, discovery of the defect. Following expiry of these deadlines or, as the case may be, not later than one year after delivery, all warranty and damage claims are precluded, where legally permissible. The deadline is met by timely sending. The Customer bears the full burden of proof for all claim requirements, including the existence of the defect itself, the time at which the defect was ascertained, and the timeliness of the objection to the defect.
(7) Exchange, return: Irrespective of the Customer’s statutory rights, delivered goods may be exchanged or returned only on a case-by-case basis pursuant to special agreement between Neuland and the Customer, which must be made prior to returning the goods.
Exchange and return are generally precluded where the goods are no longer in their original packaging, the matter involves a subject of purchase that constitutes a one-off or special production, or the declaration of the desire to exchange or return does not reach Neuland within 14 calendar days following delivery of the goods to the Customer.
The costs for shipping returned goods and reshipping replacement goods are solely for the account of the Customer. Neuland is not obligated to accept goods that reach it with freight due.
(8) Place of jurisdiction: To the extent legally permissible, Fulda is agreed upon as the place of jurisdiction for all disputes under this contract. Unless provided otherwise in the order confirmation, the place of performance is Neuland’s business headquarters.
§ 10 Final provisions
(1) Individual oral contractual understandings become a component of the contract only through written confirmation by Neuland.
(2) The law of the Federal Republic of Germany applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and German conflict-of-law rules are not applicable.
The European Commission has a platform for out-of-court online dispute resolution (OS platform), available at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in our imprint. We are not obliged or prepared to participate in this dispute resolution procedure.
Version: May 2019