§ 1 Field of application and Terminology

1.1. Our offer is directed exclusively at commercial customers. Consumers please contact the retailers.

1.2. Business relations between a contractor and us are exclusively subject to this PP in the version, which is valid at the time the purchase order is placed. They are also applicable to all future transactions, even if explicit reference is not made to them. conflicting or deviating conditions of the contractor shall not be recognized by us, unless the validity is expressly agreed in writing. The exclusive validity shall also not be precluded by the fact that we carry out the delivery without reservation in the knowledge of conflicting or deviating conditions of the contractor. Arrangements amending these PP, additions, agreements by telephone und verbal agreements are only effective if we expressly acknowledge them in writing.

1.3. Contractors

in the sense of this PP are entrepreneurs in the sense of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law.

1.4. Consumers

in the sense of this PP are individuals in the sense of § 13 BGB (German Civil Code), who undertake business – separate to their commercial, self-employed occupational or freelance activities.B

1.5. Transport company

in the sense of this PP are shipping agent, freight carrier or else the institution or person, who has been made responsible for shipping the ordered goods

1.6. Information

in the sense of this section (Exclusion of liability) are analysis reports, specifications, safety data sheets, flow charts, supplier’s questionnaires, raw materials questionnaires, brochures, publications, sound documents, video sequences, public statements, claims, advertising as well as illustrations, drawings, images, graphics, scripts, texts, descriptions, characteristic, values, dimensions, weights and other performance data, details and documents.

1.7. Customer products

in the sense of this PP are oil mixtures or recipes that are prepared by us according to the specifications of the contractor, regardless of whether the ingredients used are from us, from the contractor or come from third parties commissioned by him.

1.8. Customer materials

in the sense of this PP are containers (bottles, canisters, barrels, etc.) and accessories (closures, packaging, etc.) that are made available to us by the contractor or third parties commissioned by him to carry out the contractor's order.

1.9. Customer labels

in the sense of this PP are labels, information signs, package inserts on or on the packaging of a customer product or the customer product itself, which have been created by the contractor or third parties commissioned by him and delivered to us to carry out his order.

1.10. Misstep

in the sense of this PP is an intent or a gross negligence, including intent or gross negligence on the part of our statutory representatives or vicarious agents

§ 2 Contract

2.1. All our offers are subject to change without notice and not binding. We expressly reserve the right to modify, limit, amend or delete our whole offer without further notification.

2.2. The order of the contractor is a binding order. We do have the right to accept the offer within two weeks after receipt by sending a confirmation of order, an invoice or the ordered goods. Only then does the respective contract come into effect. Any eventually automatically generated acknowledgement of receipt does not serve as definite acceptation of the purchase order. We also reserve the right to slight product alterations within a framework of what is reasonable. In cases of obvious writing, printing or calculation mistakes, we are entitled to withdraw from the contract. Also, in case of unpaid, outstanding claims, we are entitled to withdraw from the contract. Any uncertainties or misconceptions occurring in purchase orders made by telephone go at the expense of the contractor.

§ 3 Payment terms, maturity terms and delay

3.1. All prices are net prices in Euro (€) plus VAT in the statutory amount in effect of the respective date. All prices are EXW (EX Works), our standard packaging included.

3.2. Subtraction of discount is neither agreed upon nor permissible. As far as not agreed upon otherwise, the purchase price payment takes place against prepayment. In the case of payment in advance, we expressly retain the right to cancel the purchase order if we cannot record a corresponding receipt of the full amount on our bank account within 14 days - counted from the date of our confirmation of the purchase order, invoice or proforma invoice.

3.3. Under certain circumstances, a payment deadline can be granted. Given the case that we have to remind the contractor of his payment, we charge an additional fee: First reminder 4.50 €, every further reminder 4.50€. Default interest will be charged according to §288 BGB (German Civil Code). It applies to be agreed, that the contractor owes interest according to §288 BGB from day one after payment deadline expiration, without any further admonition or delay.

§ 4 Delivery, shipment weight and Withdrawal

4.1. Unless otherwise expressly agreed, our order for delivery of the ordered goods to the transport company takes place within ten days after receipt of payment. If a payment deadline is granted, our order for delivery of the ordered goods takes place ten days after issuing of the invoice. The delivery deadline only begins when all technical questions have been clarified. Invoices and credit notes are sent exclusively in electronic form.

4.2. We are entitled to refuse the execution of the respective purchase order, as long as the contractor is in default with the acceptance or receipt of a delivery or with a payment from any contract concluded with us.

4.3. If the dispatch of the goods is delayed at the request or through the fault of the contractor, we will store ourselves or with a third party the goods at the expense and risk of the contractor. In this case, notification of readiness for dispatch shall be equivalent to dispatch.

4.4 The Contractor or his representative is entitled to be present during loading for the purpose of verifying the weight or for sampling. The weight determined at the place of departure shall be decisive for determining the weight. The agreed amount by weight may exceed up to 5% by us. Exceedances/shortfalls will be invoiced precisely at the agreed price.

4.5. The shipment is carried out EXW (Ex Works) according to the Incoterms 2020, unless otherwise explicitly agreed under the contract. The danger of coincidental loss and accidental deterioration of any goods - also in cases of freight-free delivery - will demise to the contractor as soon as the ordered goods have been delivered to the transport company. The danger of coincidental loss and accidental deterioration of the goods is transferred to the contractor at the point in time when the contractor is in default of acceptance or default of payment. At the contractor's request and expense, we can insure the delivery by means of transport insurance.

4.6. If the transport is carried out in containers provided by the contractor, we are not obliged to check their suitability for transport. The same applies if the goods are accepted by a transport company on behalf of the entrepreneur. We assume no responsibility for contamination or other impairment of the goods as a result of uncleanliness or other defects or unsuitability of the means of transport provided by the contractor.

4.7. The fulfilment and compliance with the delivery obligations by us requires the correct and timely self-delivery to us. We are entitled to make partial deliveries or partial performances, provided this is not unreasonable for the contractor.

4.8. If, after conclusion of a contract, its fulfilment is prevented by force majeure, a contracting party may cancel the contract or, insofar as it is partially fulfilled, the unfulfilled part. Force majeure includes in particular export import or export bans domestically or abroad, official measures and crop failures. The respective other contracting party must be informed of the aforementioned events immediately after they become known.

4.9. If we are hindered to fulfil our delivery and service obligations due to events for which we are not responsible (temporary impossibility), the fulfilment period is extended by the duration of the hindrance, if we report the hindrance to the contractor immediately after it becomes known or at the beginning of the fulfilment period. The extension also applies to bindingly assured terms and deadlines. These events include, in particular, elementary events, labour disputes, strikes, riots, lockouts, shipment blockade, unforeseeable operational disruptions, unforeseeable shortages of raw materials, Non-recognition or revocation of the organic grade according to the EU Organic Regulation of the organic contract goods by an official body as well as other equivalent events. No events in the aforementioned sense are those, which have been culpably caused by us. The contractor may withdraw from the contract as soon as and if he cannot reasonably be expected to continue to wait beyond the deferred fulfilment period. The contractor must inform us immediately about the withdrawal.

§ 5 Reservation of title

5.1 The delivered goods shall continue to remain our property until all of our claims against the contractor from the business relationship at the time the specific purchase contract is concluded, including future claims from contracts concluded at the same time or later, have been settled. This also applies if individual or all of our claims have been included in a current account and the balance has been drawn and recognised.

5.2. The contractor shall treat the reserved goods with care and insure them sufficiently at his own expense through concluding appropriate contents insurance or comparable insurance to cover their replacement value.

5.3. As long as the contractor is not in default of payment, he is entitled to process and sell the delivered goods in the regular course of business. In case of resale, the contractor shall also reserve the ownership to the reserved goods until the purchase price has been paid in full He is not entitled to pledge the reserved goods or to assign them as security. If the goods subject to reservation of title are sold, the contractor assigns the full amount of the claims arising from the resale to us. We hereby accept the assignment.

5.4. The contractor undertakes the processing of the goods subject to reservation of title for us. If the reserved goods are sold by the contractor after processing or inseparable mixing together with goods that do not belong to us, we acquire co-ownership of the new goods in the ratio of the invoice value of the reserved goods to the other goods at the time of processing or mixing. The above conditions for reserved goods apply to the goods resulting from processing or mixing.

5.5. We are obliged to release the securities to which we are entitled to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%, whereby it is our responsibility to select the securities to be released.

5.6. We reserve the copyright to all of our information. The Contractors may only pass this on to third parties with our written consent, regardless of whether we have marked it as confidential or not.

§ 6 Warranty

6.1. Warranty rights presuppose that the entrepreneur properly complies with his obligation to inspect and give notice of defects according to § 377 German Commercial Code (HGB). The contractor is obliged to inspect the goods after delivery through in scope and methods suitable tests and laboratory examinations to ensure that the goods are free of defects. If a defect becomes apparent, the contractor must notify us immediately so that we can also examine the complaint. In addition, the defective goods must be left in our original sales container unless we expressly waive this in writing and the entrepreneur ensures the separate storage of the defective goods and their non-processing.

6.2. Externally damaged deliveries and/or deliveries soaked by its contents must be confirmed by the transport company at acceptance of goods on the respective cargo papers.

6.3. Sensory characteristics of the delivered goods (taste, smell, look, color and consistence) cannot be regarded as reasons for complaint, if all warranted physical-chemical characteristics of the goods correspond to legal regulations and the goods are of merchantable quality and condition, i.e. in respect of purity and unspoiltness. The amount of water content. Natural sediment and natural foreign matter are not independent grounds for complaint as long as they do not impair the usability of the goods for the contractor to a more than insignificant extent. Shelf life data refer to our standard specification and presupposes storage under appropriate conditions in our closed original sales container. Ordered goods free of lack are excluded from exchange.

6.4. In case of legitimate notice of defect, we have the option to either choose subsequent improvement or else replace the defective goods. In case of product replacement, the contractor is obliged to return the defective goods to us for the time being. In case of failure to provide supplementary performance from our side, the contractor has the right to require discount or else to withdraw from the contract. Supplementary performance has failed if an adequate time limit had been set for us without having come to any certain results. The conditions for exercising the right of rescission are determined by §323 German Civil Code (DGB). By all means, the contractor has to observe §7 disclaimer of these Terms and Conditions. After withdrawing from the contract, the contractor is obliged to immediately return the respective goods. Upon return, §6.4 of these Terms and Conditions has to be observed by all means

6.5. Collection of complained goods will be carried out by us. The goods have to be held ready in packaging suitable for safe transportation, including stable outer packaging as well as one copy of the invoice or delivery note.

6.6. warranty claims of the contractor in case of defective goods according to § 437 German Civil Code (DGB) shall lapse within a term of one year. The term begins with the delivery of the goods. This shall not apply if longer periods are mandatory prescribed by law.

6.7. We do not provide the contractor any guarantee in the legal sense. Manufacturer's guarantees for any goods acquired additionally remain unaffected by this. Only direct contractors are entitled to warranties; these claims cannot be ceded to any third party.

6.8. The contractor fully carries the onus of proof for all claim prerequisites, in particular for the defect itself, the detection of the defect as well as for the timeliness of notification of the defect. Warranty encloses no defects due to wrong storage, usage or any other misuse.

§ 7 Exclusion of liability

7.1. We are liable in accordance with the relevant statutory regulations, insofar as the contractor asserts claims for damages arising from our misstep. We, our statutory representatives or vicarious agents are not liable for ordinary negligence. This does not apply if a breach of duty, for which we are responsible leads to injury to life, body or health of a person or if there is mandatory liability based on the provisions of the Product Liability Act or if an essential contractual obligation (cardinal obligation) has been violated. Cardinal obligations are essential obligations of a contract that must be fulfilled in order to achieve the specified contractual objective. Otherwise, a liability for damages will be excluded.

7.2. Compensation claims of the contractor are limited to the typical, foreseeable damages, provided that these are not based on our misstep. This limitation does not apply if a breach of duty, for which we are responsible leads to injury to life, body or health of a person or if there is mandatory liability based on the provisions of the Product Liability Act.

7.3. Liability for information The information has been compiled with greatest care. However, it should be specifically noted that:

7.3.1. All information we have provided shall not constitute complementary contractual warranting of specific qualities. It serves information purposes only. A legally binding assurance of certain characteristics or of the appropriateness in a specific context of usage cannot be derived from our information. Therefore, all provided information are only binding, when explicitly agreed upon in written form.

7.3.2. We cannot assume liability for the information provided to be correct, complete and up-to-date. Any liability claims against us, which refer to material or non-material damage, and which may be caused by the usage or non-usage of the information provided or, respectively, by the usage of any incorrect or incomplete information, is generally excluded, provided that these are not based on our misstep.

7.4. Due diligence of the contractor 7.4.1. None of our given product information do absolve the contractor of his responsibility to assure product quality and due diligence. Therefore, the contractor is always in charge to check both of them. The contractor must make sure that all given information is correct, complete and appropriate for the respective use. After placing the purchasing order, the contractor has no right to receive additional information about us or about our product. This does not apply if the law makes it mandatory to subsequently provide this information.

7.4.2. Quality of the goods The quality of the ordered goods is determined exclusively by the valid legal provisions in Germany and the European Union. Any other purchasing specifications and quality requirements of the contractor as well as guidelines, recommendations, orientation values, norms and standards that are not legally binding for us are only effective if they are expressly recognized by us in writing.

7.4.3. In the event of a sale based on a product sample, the term "the same" is to be understood as a “type sample”. The term "as usual" is to be understood as "approximately as usual". Minor deviations in deliveries from samples - also with regard to the sensory properties - are permitted. The properties of the sample are deemed to be warranted or guaranteed only if this is explicitly agreed in writing. If samples of the goods have been taken at the place of departure by a sworn sampler, then these samples shall be the sole basis for determining the quality of the goods.

7.4.4. The contractor is obliged to check the goods after delivery through in scope and methods suitable tests to clarify, whether the delivered goods are suitable in every respect for the intended use. This also applies to the admissibility of any distribution in a specific geographical area. The processing contractor is in charge to apply tests for checking purposes always in small amounts, as this is the usual procedure. In any case, we shall not be liable for any damages to the other goods of the contractor, if the contractor omits examinations that are necessary, reasonable or customary in this regard.

§ 8 Private label, contractor's individual goods and materials

8.1. We cannot provide any information about customer products. The contractor himself alone is responsible for ensuring that his customer products meet all legal requirements. Official registrations, notifications or reports are to be made by the contractor. Unless we expressly acknowledge it in writing, we do not take any retention samples from customer products. This must be done by the contractor himself.

8.2. If we are supplied with customer materials by the contractor or third parties commissioned by him, the contractor himself alone is responsible for checking the suitability of his customer materials for the intended purpose.

8.3. We do not check the content of the customer labels or their template. If we are supplied with customer labels by the contractor or a third party commissioned by him, the contractor himself is responsible for ensuring that the content of his customer labels is correct, complete and up-to-date. The same applies if the contractor provides us with the template and we print or have the customer labels printed for him. The contractor is solely responsible for the copyright of the contents on the labels or on the template.

8.4. Customer products, customer materials and customer labels can be stored in our warehouse free of charge for a maximum of two months. If these are stored in our warehouse for longer, the storage costs, if applicable, the monitoring costs shall be separately charged.

8.5. We are responsible for the loss of and damage to customer materials and customer labels in our safekeeping, unless the loss or damage is due to circumstances that could not be averted through the diligence of a prudent businessman. We are only responsible for failure to insure customer materials and customer labels if we have been instructed by the contractor to effect insurance.

§ 9 Packaging and disposal

9.1. The costs of packaging shall be separately charged in case of special requests of the Contractor.

9.2. Our means of transport are to be completely emptied immediately after arrival, any demurrage/roadstead charges are to be borne by the contractor.

9.3. In accordance with the packaging regulation, we will take back every container previously filled with our products free of charge. The collection point is the station designated by us for this purpose in Germany. The containers must be delivered there, carriage paid. Costs arising from the disposal of residual quantities or containers contaminated by third-party products shall be borne by the contractor.

§ 10 Off-set / Liens

The contractor is only permitted to offset or to exercise liens from contracts for other deliveries if the claim made for offsetting or for the assertion of the lien has been expressly accepted by us in writing or has been legally established. This does also apply in case of a permanent business relationship between the contractor and us.

§ 11 11 Data protection

We expressly refer to the privacy statement on our website here

§ 12 Applicable law and place of jurisdiction

12.1 The place of performance for the delivery and payment is Hannover, Germany.

12.2 The contractual relationship between us and the contractor shall be governed exclusively by the German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.3 The exclusive place of jurisdiction for all legal disputes arising from the legal relationship between us and the contractor is our place of business. However, we are entitled to sue the contractor even at his general place of jurisdiction (place of business).

12.4. We are not willing or obliged to participate in dispute resolution proceedings faced with a consumer arbitration board.