General Terms of Business § 1 Application The business relations between Der Bistrozucker Herstellungs- und Vertriebs GmbH. (referred to below as Bistrozucker) and the customer are exclusively subject to the version of the following general terms of business which applies at the time the order is placed (date of the currently valid version: 30.11.2004). Bistrozucker only accepts any contradictory provisions of the customer’s if they have been expressly recognised by Bistrozucker in writing. § 2 Conclusion of contract Your order to us represents an offer to conclude a contract of purchase. When you place an order with Bistrozucker we will send you an email which confirms the receipt of your order and the relevant details (confirmation of order). This confirmation of order does not represent acceptance of your offer but is intended solely to inform you that we have received your order. A purchase contract does not come into effect until we ship the product to you and confirm the shipment to you in a second email (confirmation of shipment). No purchase contract comes into effect with regard to products from any specific order which are not listed in the confirmation of shipment. The contract is concluded with Der Bistrozucker Herstellungs- und Vertriebs GmbH. Bistrozucker does not offer products for sale to under-aged persons. § 3 Cancellation of order Where the customer is a consumer as defined by § 13 BGB (German Civil Code) and the ordered goods are not required for the customer’s own commercial or self-employed business operations, the order can be cancelled in writing (including email) or by returning the goods within two weeks after the goods have been received. Where the value of the order is higher than 40.00 € Bistrozucker will refund the cost of returning the goods. It is expressly pointed out that if the goods are opened or used, Bistrozucker may retain an amount to cover the reduction in value of the goods. There is no right of cancellation where the goods have been produced to the customer’s specifications and especially to the requirements of the customer. § 4 Delivery, transfer of risk The risk is transferred to the customer when the shipment is handed to the carrier for shipment. This also applies where Bistrozucker confirms to the customer that it will pay the transport costs. Details of delivery times are non-binding, unless as an exception the delivery date has been specifically confirmed. The customer agrees to take delivery of the ordered goods without delay. Where we carry out the delivery ourselves the choice of means of transport and the route will be at our discretion, unless specific instructions have been received from the customer. If the carrier does not receive instructions regarding unloading at the place of destination, he will have the right to unload the goods at a suitable location there. This also applies if nobody is available to take delivery at the customer’s premises. If the customer fails to take delivery of the ordered goods without delay, or if he is responsible for any delay in delivery, we will have the right, after an extension of 3 working days has been set and expired, to require payment of the purchase price. Alternatively we can also withdraw from the contract after the extension period has expired, or refuse to implement the order and claim compensation on account of non-performance. If, in spite of contractual obligations, Bistrozucker’s supplier fails to deliver the ordered goods to Bistrozucker, Bistrozucker will have the right to withdraw from the contract. In this event the customer will be informed without delay that the ordered goods are not available. Any payment which has already been made will be refunded without delay. § 5 Method of payment, due date and delay in payment Bistrozucker accepts payment by direct debit, cash on delivery (C.O.D.), payment in advance or against invoice. · Payment by direct debit:
Payment by direct debit provides you with security, because if anyone debits your account without being entitled to do so you can enter an objection with your bank, usually within a period of six weeks. · C.O.D. delivery
The goods can also be delivered to you C.O.D., but we hope you will understand that there will be an additional collection charge, which is currently 4.09 €. · Payment in advance
Bistrozucker guarantees that the goods will be made available to you as soon as payment has been effected: if you fail to receive your order within 14 days after payment has been received, your payment will be refunded after you have provided details of your bank account.
Where payment is to be made against invoice we check the data which you provide. This option is only available within Germany. Where appropriate we exchange data with credit rating agencies. The result of this check will affect only the method of payment, not the delivery itself. We accordingly reserve the right not to accept payment against invoice for certain orders and to refer the customer instead to other methods of payment: direct debit, C.O.D. or payment in advance. In the event of payment against invoice the invoice amount is due immediately after the goods have been received.
We hope you will appreciate this restriction with regard to payment against invoice. For convenient shopping we recommend payment by direct debit. Your bank account is not debited until your order has been shipped.
The invoice amount is due on receipt of the invoice. If the customer is in arrears of payment Bistrozucker will have the right to charge private consumers as defined by § 13 BGB (German Civil Code) 5% interest on arrears and companies as defined by § 14 BGB 8 % above the base rate published by the European Central Bank. If Bistrozucker can prove that greater damage has been caused by the delay in delivery Bistrozucker will have the right to claim the corresponding compensation. § 6 Set-off, retention The customer only has the right to set off his claims if his counterclaims have been confirmed by a court of law or recognised by Bistrozucker. In addition he is entitled to exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship. § 7 Right of retention Until they have been fully paid for the goods remain the property of Bistrozucker. § 8 Liability for defects The warranty rights of the customer, where the customer is a company or businessperson, only apply if the search and claim obligations in accordance with §§ 377 HGB (German Commercial Code) have duly been carried out. If there is reason for complaint in spite of the care which is taken with orders, in accordance with § 377 HGB visible damage must be reported without delay but at the latest 14 days after receipt of the goods, while hidden damage must be reported immediately after it has been discovered. Otherwise the goods are regarded as having been accepted. In other respects the customer can require the remedy of any defects in the form of a removal of the defect or a replacement delivery. If the remedy fails and the defect is a significant one the customer can withdraw from the contract, require a reduction in the purchase price or claim compensation. These rights cannot be assigned by the customer. Unless specified otherwise below any other claims on the part of the customer, on whatever legal grounds, are excluded. For this reason Bistrozucker does not accept liability for damage which has not arisen to the goods themselves. In particular Bistrozucker accepts no liability for loss of profit or other financial damage sustained by the customer. Where liability on the part of Bistrozucker is excluded or restricted, this also applies to personal liability on the part of its employees, representatives and agents. The preceding limitation on liability does not apply if the cause of the damage is premeditated or gross negligence, or in the event of damage to persons. Nor does it apply if the customer enforces a claim on the basis of §§ 1, 4 of product liability legislation. Where Bistrozucker fails to perform a significant obligation out of negligence, the duty of compensation for damage to property is limited to the typical event of damage. Where the remedy of a defect takes the form of a replacement delivery the customer has the obligation to return the original goods to Bistrozucker within 30 days. If the goods are not received by Bistrozucker within this time, Bistrozucker has the right to invoice the customer for the purchase price of the replacement shipment and to debit the amount in accordance with the agreed method of payment. The statutory period of limitation is 24 months, calculated from the date of delivery to the consumer as defined by § 13 BGB. In other cases the statutory period of limitation is 12 months. § 9 Recording, processing and use of customer data The personal data which you entrust to us helps us to individualise your shopping experience with Bistrozucker and to improve it continuously. We use the data for processing your order, delivering your goods and performing services, together with the processing of payment (and the necessary checks where goods are bought on credit). We also use your information to communicate with you regarding orders, products, services and our marketing offers, as well as for purposes of updating our data records and your customer account with us. We also use your information for improving our sales and our platform, to prevent or uncover any misuse of our website or enable third parties to carry out technical, logistical or other services on our behalf. § 10 Applicable law (1) These general terms of business and all business dealings between the seller and the purchaser are subject to German law to the exclusion of UN law regarding the conclusion of contracts on the international sale of goods (CISG). (2) The place of fulfilment and sole place of jurisdiction for any disputes arising from this contract is Munich or the registered offices of Bistrozucker . (3) Any changes or additions to this contract are only valid if made in writing. This also applies to any change in this provision regarding written form. No verbal supplementary agreements have been made. (4) If any provision of these general terms of business is or becomes invalid, or there is a contingency which has not been covered, this will not affect the validity of the remaining provisions. The parties agree to fill such a gap or replace any invalid provision by whatever legally permissible provision comes closest to fulfilling the commercial purpose originally intended. Date 30.11.2004 | 
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