General Terms and Conditions of Sale and Delivery of Töpfer GmbH for Business Customers

Status 03.2021


§ 1 General / Scope of Application

  1. Our Terms and Conditions of Sale and Delivery apply exclusively. Opposing conditions or conditions of the purchaser deviating from our Terms and Conditions of Sale will not be recognized by us, this does not apply if we have expressly agreed in writing to the conditions of the purchaser. Our Terms and Conditions of Sale and Delivery also apply if we, in awareness of opposing or deviating conditions of the purchaser, carry out the delivery to the purchaser without reservation.
  2. Our Terms and Conditions of Sale and Delivery apply only to entrepreneurs in the sense of § 310 para. 1 BGB.
  3. Our Terms and Conditions of Sale and Delivery also apply to all future transactions with the purchaser.


§ 2 Offer / Offer Documents

  1. Our offers are non-binding. Technical changes, in particular changes in form, color and/or weight remain reserved within the reasonable.
  2. As a supplier of natural products, we point out that natural substances are generally subject to natural fluctuations with regard to form, color, taste and structure, so that differences resulting therefrom, also compared to samples provided, are not to be regarded as defects. Samples can also only approximately reproduce the natural substance.
  3. By ordering the goods, the customer declares bindingly that he wishes to purchase the goods. The order must be made in writing. The contract for the ordered goods comes into existence only when we confirm the order within two weeks after receipt or execute the order.
  4. We are entitled to engage subcontractors to fulfill our contractual obligations. For the purpose of proper manufacture and/or delivery by subcontractors, we are entitled to pass on documents required for this, such as illustrations, drawings, raw materials and production specifications, to the subcontractor. The subcontractor is obligated to confidentiality.
  5. We are entitled to over- or under-deliveries insofar as this is reasonable taking into account the interests of the customer.


§ 3 Prices / Terms of Payment

  1. Unless otherwise stated in the order confirmation, our prices apply “ex works.”
  2. The statutory value added tax is not included in our prices. It will be shown separately in the invoice at the statutory rate applicable on the day of invoicing.
  3. The deduction of discount requires a special written agreement.
  4. Unless otherwise stated in the order confirmation, the purchase price is due net (without deduction) within 14 days from invoice date. The statutory regulations concerning the consequences of default of payment apply.
  5. The customer can only offset if his counterclaims have been legally established, are undisputed, or recognized by us. The customer is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.