General terms and conditions
These terms and conditions apply to all business transactions between Lebensmittel Becker GmbH & Co. KG, Schöneweibergasse 107–109, 64347 Griesheim, Germany (hereinafter referred to as ‘Lebensmittel Becker’), and its customers.
1.1. The following terms and conditions contain the exclusively applicable provisions between the customer and Lebensmittel Becker, provided that they are not amended by any separate agreements made between the parties. The terms and conditions apply to all legal relations.
1.2. Contracts are only concluded with commercial customers – that is, companies in accordance with section 14 of the German Civil Code, hereinafter referred to as ‘Customers’. Contracts with individuals – that is, consumers in accordance with section 13 of the German Civil Code – are hereby expressly prohibited.
2. Offer and contract conclusion
2.1. The presentation of products at www.lebensmittel-becker.de is not to be understood as a legally binding offer, but rather as an invitation to customers to place an order. Errors excepted.
2.2. You place a binding order for the specified goods by email, fax, letter or telephone call. The purchase contract is concluded when we accept your offer by sending an order confirmation by email, fax or letter, or by effecting immediate delivery, upon receipt of your order. Said order confirmation contains confirmation of the contract with a copy of its content. The contract is not stored by us.
2.3. Users must register in order to use the online shop; the requested details must be given accurately and in full. User passwords are to be treated and kept confidentially and must not be disclosed to others. The customer must notify Lebensmittel Becker immediately if any password is lost.
2.4. Upon placing your order by clicking the ‘Confirm order’ or ‘Purchase’ button, you make us an offer to enter into a purchase contract. The purchase contract only becomes valid once we have sent an order confirmation by email or delivered your ordered goods. If any details concerning the range have been incorrect, we shall make you a counter-offer; you are free to choose whether to accept this. We shall notify you by email or telephone should your order not be accepted.
2.5. After successful login, the customer can choose products from the range and add them to their shopping basket. In the shopping basket, desired quantities can be selected, and items can be added or removed. Before the order is completed, a summary of all of the customer’s entries is shown clearly in the shopping basket. By clicking on the ‘Back’ button, the customer can edit or delete their details as required. By clicking on the ‘Complete order’ button, the customer sends off a binding order.
2.6. Notwithstanding the above, the order can only be submitted and transmitted if the customer has previously accepted these general terms and conditions of sale and delivery by ticking the box next to ‘I accept the terms and conditions of Lebensmittel Becker’, thus agreeing to their incorporation in the order. The general terms of sale and delivery can be viewed at any time at http://www.lebensmittel-becker.de/en/company/terms-and-conditions.html.
3. Purchase price
3.1. The specified prices are net prices (subject to error or change until delivery in case of amended procurement prices), without empties and excluding VAT. A minimum order amount of 500 euros applies.
3.2. The purchase price is due immediately upon receipt of invoice. An invoice will be issued upon delivery. Delivery to first-time customers will only be made against advance payment or immediate payment upon delivery. Drafts and cheques will only be accepted as payment subject to their full encashment.
3.3. The goods shall remain the property of Lebensmittel Becker until full settlement of all outstanding claims against the customer. The customer is only entitled to sell the goods as part of their trading activity under reservation of proprietary rights. In relation to this, the reservation of proprietary rights by Lebensmittel Becker expressly extends to products created through the processing of delivered goods or any payment received for them. Any claims arising from the sale of the retained goods against their purchaser are transferred in advance from the customer to Lebensmittel Becker. The customer is entitled to collect these receivables. Lebensmittel Becker may revoke this authorisation if the purchaser falls into arrears concerning their payment obligations from the conditional sale. If the sum of transferred claims exceeds the obligation of the customer towards Lebensmittel Becker by more than 10%, Lebensmittel Becker is obliged to release the customer from any such claim that exceeds said limit upon their request. The customer is obliged to notify Lebensmittel Becker immediately in the event that distraint or other third-party measures are initiated with respect to the goods delivered under reservation of proprietary rights. The customer must provide Lebensmittel Becker with all documents required for intervention and all relevant information.
3.4. In the event of non-payment, Lebensmittel Becker is entitled to request the immediate return of the goods. In such cases, the value of the returned goods will be deducted, minus return charges, from the claims against the purchaser.
4.1. Lebensmittel Becker shall deliver ordered goods at the agreed time or as soon as possible within normal working hours. The delivery obligation is, however, subject to correct and prompt delivery on the part of suppliers, if Lebensmittel Becker has agreed to a congruent hedging transaction.
4.2. All cases of force majeure, as well as any measures implemented by authorities, strikes, traffic incidents, traffic congestion and other events that cannot be avoided by Lebensmittel Becker, constitute reasonable grounds to postpone delivery or service provision for the duration of the delay plus a reasonable lead time or, in the case of unfulfilled services, withdraw from the contract either in part or in full.
4.3. Lebensmittel Becker is entitled to execute partial deliveries and services whenever reasonable for the customer.
4.4. Goods deliveries are executed in accordance with the route plans and schedules stipulated by Lebensmittel Becker. Lebensmittel Becker may adapt said plans to meet the respective conditions at hand.
4.5. Goods shall be delivered in containers or on pallets. Please understand that goods cannot be packaged or carried by our drivers.
4.6. Upon request, the customer must sign an acknowledgement of receipt for each delivery.
4.7. Transactions as stipulated in section 376 of the German Commercial Code (HGB) require the express prior written acknowledgement of Lebensmittel Becker. Individual delivery dates are only binding if expressly agreed to in writing. The customer is responsible for additional costs incurred by any special delivery requirements they may have.
4.8. Any empties are to be returned free of charge and in perfect condition within three weeks to our warehouse in 64347 Griesheim, Darmstadt. Charges will apply for any empties that are not returned.
4.9. Deliveries are only made within the Federal Republic of Germany (with the exception of the German islands), Austria, Switzerland, Luxembourg, the Netherlands, Belgium and the UK. If agreed to separately in writing, Lebensmittel Becker may also make deliveries to other countries. Conditions governing such deliveries will be determined on an individual basis.
5. Inspection of delivery
5.1. The customer is responsible for carrying out a food marketability inspection on every delivery within 24 hours of receipt, and in any case before further processing, in order to detect any visible defects in compliance with the food regulatory due diligence duties of Lebensmittel Becker and the customer. Any defects that are not openly visible must be reported immediately upon their discovery. Should the customer identify any defect that limits or prevents the marketability of the goods in accordance with food regulations, including the erroneous description of ingredients, said products must not be processed further, transferred to third parties or sold. The customer must take appropriate action to avoid their inadvertent transfer, processing or sale. If a defect is identified on one single item from a delivery which limits or prevents the marketability of the product in accordance with food regulations, the customer is required to carry out appropriate sampling to verify whether the defect is an isolated case or whether a production or handling error is present that affects the entire consignment. Rejected products are to be returned to Lebensmittel Becker.
5.2. The customer is also obliged to inspect delivered goods to ensure that no discrepancies exist between the declaration and goods received. If, upon delivery, the customer identifies a discrepancy with the declaration or a defect which limits or prevents the marketability of the product in accordance with food regulations, said party must notify Lebensmittel Becker of the defective delivery within 24 hours. Lebensmittel Becker is entitled to charge the customer for damages incurred by the failure to provide such notification, or any delays thereto.
5.3. Frozen and fresh products, such as fresh fruit, vegetables and dairy products, must be inspected for visible defects immediately upon delivery and, if necessary, reported and returned to the driver.
5.4. The notification of defects is also governed by section 377 of the German Commercial Code. In the event of material defects, Lebensmittel Becker may choose to repair the defective item or replace it with a non-defective product. Should no such supplementary performance be offered, the customer is entitled to reduce the purchase price or withdraw from the contract.
6. Liability and limitation
6.1. In the event of a material or title defect, Lebensmittel Becker is entitled to choose between offering repair or replacement.
6.2. Lebensmittel Becker only assumes liability for any damage other than that caused by injury to life, limb or health, providing that it is due to intentional or gross negligence or the culpable violation of a significant contractual obligation (termed ‘cardinal obligation’, i.e. an obligation whose fulfilment is crucial for the correct execution of the contract and which the contractual partners may typically expect to be met) by Lebensmittel Becker or its agents. The provisions of the German Product Liability Act remain unaffected; liability for the fraudulent concealment of a defect, explicitly guaranteed condition or personal injury also remains unlimited.
6.3. In the event of a negligent breach of a contractual obligation by Lebensmittel Becker, liability to pay compensation for material damages that do not relate to life, limb or health is limited to typically foreseeable damage.
6.4. In accordance with the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. Lebensmittel Becker therefore assumes no liability for the continuous and uninterrupted availability of its online shop, or for any other technical or electronic faults over which Lebensmittel Becker has no influence. If links to other websites or resources are established, Lebensmittel Becker is not responsible or liable for the availability of such external sites or resources. Lebensmittel Becker does not adopt the content of said websites or resources as its own and excludes any liability or warranty in relation thereto, providing that there is no knowledge of illegal content.
6.5. Lebensmittel Becker does not assume any liability for data loss if such damage could have been prevented if the customer had met their responsibilities concerning correct data backup. Correct data backup can be assumed if the customer demonstrably secures their data set at least once a week in a machine-readable format, thus ensuring that the data can be restored with reasonable effort. The liability of Lebensmittel Becker for any loss of data is limited to the typical cost of restoration that would have been incurred through correct data backup.
6.6. Customer claims for defects expire one year from goods handover or delivery to the customer. Warranty and damage claims that arise from injury to life, limb or health and/or claims for compensation due to gross negligence or intentional damage by Lebensmittel Becker are excepted. In such cases, the statutory limitation periods apply.
6.7. Lebensmittel Becker is not liable for the presentation of content or statements concerning products made by goods manufacturers.
7. Small orders and delivery costs
7.1. Deliveries that are made once a day and exceed the minimum order amount of 500 euros are only free of charge within our delivery area upon prior written agreement.
7.2. If the order quantity is less than the minimum order amount of 500 euros or the delivery requires a special route that is agreed upon separately, freight costs will be calculated. Deliveries of small orders/special routes are made in accordance with the following conditions:
- up to 250 euros net invoice, freight fee 70 euros
- up to 500 euros net invoice, freight fee 60 euros
- up to 1,000 euros net invoice, freight fee 50 euros
- up to 5,000 euros net invoice, freight fee 40 euros
8. Place of performance, contract language and jurisdiction
8.1. All disputes arising in connection with the preparation, execution or development of services by Lebensmittel Becker and the customer shall be governed exclusively by German law, under exclusion of the UN Convention of Contracts for the International Sale of Goods.
8.2. Place of performance is the company headquarters of Lebensmittel Becker, and jurisdiction for all disputes is Darmstadt.
8.3. The contract language is German.
9. Data protection
The purchaser hereby agrees that all personal data collected within the framework of the existing business relationship with Lebensmittel Becker will be stored on our computer system and automatically processed for the purpose of contract execution.
10. Non-waiver clause
10.1. Should some terms of these delivery and payment conditions become ineffective, the validity of the remaining provisions is not affected. The ineffective provision shall be replaced by an alternative stipulation that comes closest to the original. If this is not possible, statutory regulations apply.
10.2. In case of conflict between the terms and conditions of Lebensmittel Becker and the expressly agreed terms and conditions of the customer, the terms and conditions of Lebensmittel Becker shall prevail.
10.3. In the event of any conflict, this version of the terms and conditions has priority over the terms and conditions printed on the back of the invoice forms.
As of 12.12.14