Terms of service

General Terms and Conditions

 

§ 1 Scope of Application

(1) The following General Terms and Conditions apply exclusively to the sale of goods and other services by us, Ferrock Elements Farm UG (limited liability), whether these transactions are concluded online or offline. These General Terms and Conditions in their respective version at the time of contract formation shall apply. Deviating or conflicting conditions of the buyer will not be recognized by us unless expressly agreed upon. The performance of services is not to be considered as such agreement.

(2) These General Terms and Conditions apply exclusively to entrepreneurs as defined in §§ 14, 310, paragraph 1 of the German Civil Code (BGB).

(3) Amendments to these terms and conditions as of August 21, 2023.

§ 2 Registration as a Customer

(1) In addition to direct orders, you have the option to create your own user account and register as a customer in our trading system. Participation is limited to entrepreneurs only (see § 1, paragraph 2). The data required for creating the user account must be provided by you completely and truthfully. Subsequent changes to your personal data are your responsibility to update.

(2) The password you choose must be kept confidential under all circumstances and must not be disclosed to third parties.

(3) By registering, you agree to the processing of your data in accordance with our privacy policy.

§ 3 Offer and Conclusion of Contract

(1) We sell our goods and other services exclusively to entrepreneurs as defined in § 14 BGB.

(2) The presentation of our products in the online shop is a non-binding invitation to order products in the online shop. It does not constitute a binding offer to conclude a purchase contract. You can initially add our products to your shopping cart without obligation and can correct your entries at any time before submitting your binding order by using the correction aids provided in the ordering process.

(3) If the option of online ordering is additionally set up, you submit a binding purchase offer (§ 145 BGB) by clicking the "Order with an obligation to pay" button at the end of the ordering process.

(4) Upon receipt of your purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation). This order confirmation does not constitute acceptance of your purchase offer. A contract is not concluded through the order confirmation.

(5) A purchase contract is only concluded when we expressly accept your purchase offer or when we dispatch the goods to you without prior express acceptance.

(6) The purchase contract is concluded with Ferrock Elements Farm UG (limited liability).

(7) If an order is to be considered an offer, in accordance with § 145, we may accept it within two weeks.

(8) We are generally not obligated to accept your purchase offer.

§ 4 Prices, Shipping Costs, Payment Terms, Offset, Assignment

(1) The prices that are in effect at the time of the placed order shall apply. Therefore, there is generally no entitlement to receive goods at earlier or later, more favorable prices. In exceptional cases, if we consider price reductions occurring before the delivery of the goods for your current order, this is done voluntarily and without legal obligation.

(2) Other price components and the respective transportation or shipping costs are included in the price upon delivery.

(3) If we charge transport, shipping, or other costs, these will be separately indicated.

(4) Payment is exclusively made through a payment method offered by us. If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay, credit card payment) as your payment method, you will either be directed to the order overview page on our online shop or to the website of the provider of the instant payment system. If redirected to the respective instant payment system, you will make the relevant selection or enter your data there. Finally, on the website of the instant payment system provider or after being redirected back to our online shop, the order data will be displayed as an order overview.

(5) You are only permitted to fulfill your payment obligation by offsetting if your counterclaims have been legally established, are undisputed, or have been acknowledged by us. Furthermore, you are only authorized to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

(6) Deduction of cash discounts is only permissible with a written special agreement.

(7) If you default on a payment, you are obligated to pay statutory default interest in the amount of 9 percentage points above the base interest rate. In addition, there is a claim for payment of a lump sum of €40. The assertion of further damages remains reserved.

(8) Assignment of claims is generally not permitted.

§ 5 Performance Obligation, Delivery Conditions, Delivery Delays, Default in Acceptance

(1) Unless otherwise agreed, delivery of the goods will be made to the delivery address you have provided. We generally deliver according to the specified Incoterms.

(2) The delivery times provided by us represent standard times in normal business operations (Monday to Friday) and are non-binding unless otherwise agreed. The agreed delivery period always requires clarification of all technical and commercial details. There is no obligation to procure beyond this. Procurement risks are generally not assumed.

(3) In deviation from (2), if a fixed delivery date has been agreed, the buyer, in the event of a delivery delay, must set a reasonable grace period of typically four weeks.

(4) Partial performance and partial deliveries are permissible to a reasonable extent. Installment payments can be invoiced to a reasonable extent.

(5) The day of delivery is deemed to be the day on which the goods leave the factory or a warehouse, and if this day cannot be determined, the day on which they are made available to the buyer.

(6) An execution or delivery period is reasonably extended – even within a delay – in the event of force majeure, strikes and lockouts, traffic disruptions and interventions by higher authorities, as well as other events not attributable to the seller and resulting in delivery delays.

§ 6 Transport Damage

The risk of accidental loss and deterioration passes to you as soon as we have handed over the item to the forwarder, the carrier, or any other person or institution designated to carry out shipment. For merchants, the examination and notification obligations as stipulated in Section 377 of the German Commercial Code (HGB) apply. If you fail to make the notification required there, the goods are deemed approved unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

§ 7 Retention of Title

(1) We reserve ownership of the goods until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to demand the return of the purchased item if you behave in breach of the contract. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

(2) You are allowed to resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly fulfill your payment obligations, we reserve the right to collect the claims ourselves.

(3) In the case of the combination or mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

§ 8 Warranty, Quality of the Goods

(1) Statutory warranty rights apply.

(2) Only our own statements and the manufacturer's product description are binding for the quality of the goods, not public statements, advertisements, or other marketing by the manufacturer.

(3) You are obliged to examine the goods for quality and quantity deviations with due care and to notify us of obvious defects immediately upon receipt of the goods. This also applies to subsequently discovered hidden defects upon discovery. If you fail to fulfill the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.

(4) In the event of defects, we provide warranty by remedying the defect or delivering a replacement (subsequent performance) at our discretion. In the case of rectification of defects, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

(5) Minor or insignificant deviations in color, material thickness, and design of the goods are reserved and do not constitute a deviation from the agreed quality.

(6) We do not provide any guarantee within the meaning of § 443 BGB for the agreed quality of the goods.

§ 9 General Liability

(1) We are fully liable for claims arising from damages caused by us, our legal representatives, or vicarious agents:

• in case of loss of life, bodily injury, or damage to health
• in case of intentional or grossly negligent breach of duty
• in case of warranty promises, if agreed upon
• to the extent that the scope of the Product Liability Act is opened.

In case of a breach of material contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives, or vicarious agents, liability is limited to the amount of damage that was foreseeable at the time of the conclusion of the contract and that typically must be expected to occur.

(2) For all other damages, liability is limited to intent and gross negligence.

(3) Otherwise, claims for damages are excluded.

§ 10 Final Provisions, Applicable Law, Jurisdiction, Severability Clause

(1) Changes or additions to these terms and conditions require written form. This also applies to the waiver of the written form requirement.

(2) The place of jurisdiction is the seller's place of business. The seller is also entitled to sue at the buyer's place of business.

(3) German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(4) If individual provisions of this contract are ineffective or contradict the legal regulations, the remaining contract remains unaffected by this.