Terms and conditions

Terms and Conditions of Sale and Delivery of Bon Pastaio GmbH

1. General

Our offers, deliveries, and services are provided exclusively under the following terms and conditions of sale and delivery. These terms and conditions also apply to all future business relationships, even if they are not expressly agreed upon again. We do not recognize any deviating or additional agreements, in particular the customer's terms and conditions of purchase; we hereby expressly object to them. They do not apply even if we carry out deliveries without reservation.

2. Offer and conclusion of contract

Our offers are subject to change and non-binding. Acceptance declarations and all orders require our written or verbal confirmation to be legally valid. The same applies to additions, amendments, or supplementary agreements. All information regarding dimensions, weights, or other performance data is only binding if and to the extent that we expressly designate it as binding in writing.

3. Prices/Rental Packaging

The prices stated in our order confirmation apply, plus the applicable statutory value-added tax. If no written order confirmation exists, our prices valid on the day of delivery shall apply. Unless otherwise agreed, prices are ex works, including standard packaging. Special packaging will be charged separately or provided for a rental fee. It must be returned to us freight prepaid and in proper condition no later than three months from the invoice date.

4. Shipping

For our deliveries, our loading point is the place of performance. All shipments travel at the customer's risk. If the customer requires a specific shipping method or route, this must be agreed upon in writing. Any additional costs incurred as a result will be borne by the customer (this also applies to insurance policies taken out at the customer's request, etc.).

5. Payment/Offsetting/Retention

Our invoices are payable within the agreed payment terms from the invoice date. If the payment deadline is exceeded, we are entitled to charge interest from the due date at the prevailing bank overdraft rate, but at least 8 percentage points above the base interest rate; we reserve the right to claim further damages. The customer is entitled to prove that no damage or lesser damage has actually been incurred. Only undisputed or legally established counterclaims entitle the customer to set-off or retention. In the event of default of payment or justified doubts about the customer's solvency or creditworthiness, we are entitled – without prejudice to our other rights – to demand advance payments for deliveries not yet made and to declare all claims arising from the business relationship immediately due and payable. Our obligation to deliver is suspended as long as the customer is in default of any payment due. If we agree to the acceptance of bills of exchange, discount and bank charges shall be borne by the customer.

6. Complaints, liability for defects

The customer must inspect the delivered goods upon receipt – including, where reasonable, by means of a trial processing – for defects regarding quality and suitability for the intended purpose; otherwise, the goods are deemed accepted. All recognizable defects, shortages, and incorrect deliveries must be reported to us in writing within five working days of delivery, but in any case before processing the goods. Transport damage must be reported to us immediately in writing, and the customer is responsible for completing the necessary formalities with the carrier. A warranty claim exists only if a timely and justified complaint is made. Our warranty obligation is limited to subsequent performance, at our discretion, either by remedying the defect or by delivering a defect-free item. If subsequent performance fails or is unreasonable for the customer, the customer is entitled, under the statutory conditions, to reduce the purchase price, withdraw from the contract, and claim damages. Claims for damages by the customer arising from or in connection with the defectiveness of the goods, in particular claims for compensation for damages not incurred to the goods themselves, are excluded in accordance with clause 7.

7. Disclaimer

Any claims for compensation for damages, including damages not arising from the goods themselves, particularly those arising from breach of contract or tort, are excluded. This exclusion of liability does not apply in cases of intent, gross negligence, or culpable breach of essential contractual obligations. In cases of culpable breach of essential contractual obligations, we are liable for simple negligence only for the typical, reasonably foreseeable damages (in cases of intent or gross negligence, our liability is unlimited). Furthermore, this exclusion of liability does not apply in cases where liability exists for personal injury or property damage to privately used items due to defects in the goods (Product Liability Act). It also does not apply if we have assumed a guarantee for the quality of the goods or have fraudulently concealed a defect. The exclusion of liability also does not apply to damages resulting from injury to life, body, or health. All limitations of liability also apply to our owners, legal representatives, agents, and employees.

8. Retention of Title

We retain title to the delivered goods to secure all claims we may have against the customer arising from the business relationship. This retention of title also extends to new products created by processing, mixing, or combining our goods, with us being considered the manufacturer. In the event of processing, combining, or mixing with goods not belonging to the customer, we acquire co-ownership in proportion to the invoice value of our goods subject to retention of title relative to the invoice values ​​of the other materials. The customer hereby assigns to us, as security, all claims arising from the sale of goods subject to retention of title, either in full or to the extent of our potential co-ownership share. As long as the customer is willing and able to duly fulfill their obligations to us, they may dispose of the goods owned or co-owned by us in the ordinary course of business and collect the assigned claims themselves. The customer may only transfer ownership as security, pledge, or assign claims, including by way of sale of receivables, with our prior written consent. The customer must notify us immediately of any third-party claims against the goods and receivables belonging to us. If the value of the collateral exceeds the secured claims by more than 10%, we will release collateral of our choice at the customer's request. Exercising our retention of title does not constitute a withdrawal from the contract.

Privacy Policy

The customer agrees that we may process and store all necessary data, including customer-related data, for order processing and invoicing. We will only disclose this data to third parties if and to the extent necessary for order fulfillment, delivery, and payment processing. The customer has the right to free access to information about their data stored with us and, where applicable, the right to rectification, blocking, or erasure of this data.

10. Applicable law, place of jurisdiction

These terms and conditions and the entire business relationship are governed by the laws of the Federal Republic of Germany. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the conflict of laws rules of private international law, and in particular the Rome I Regulation, are excluded. The place of performance for all our deliveries is our respective delivery location. The place of performance for the customer's payment is D-04895 Falkenberg/Elster, Germany. If the buyer is a merchant, the exclusive place of jurisdiction for all legal disputes arising from the business relationship is D-03046 Cottbus, Germany (Local Court) or D-03046 Cottbus, Germany (Regional Court). Should any provision of these terms and conditions or any contractual agreement be or become invalid, this shall not affect the validity of all other provisions and agreements.  

Terms and Conditions of Sale and Delivery of Bon Pastaio GmbH