General Terms and Conditions of travelite GmbH & Co. KG
for contracts with companies
1. scope of application
1.1 For all deliveries of travelite GmbH & Co. KG, Merkurring 70-72, 22143 Hamburg, (hereinafter referred to as "Seller") when selling to entrepreneurs (hereinafter referred to as "Customers") shall be governed by the following General Terms and Conditions (GTC).
1.2 An entrepreneur within the meaning of § 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 Deviating general terms and conditions of the customer shall not apply unless the validity of such has been expressly agreed to by the seller in text form.
1.4 Individual agreements shall take precedence over these GTC. 2.
2 Conclusion of contract and minimum order quantity
The Seller's offers are subject to change. The customer's order legally constitutes an offer; acceptance (=conclusion of the contract) is effected by the seller separating the ordered goods and handing them over to the transport company.
3 Shipping costs and transport risk
3.1 The goods are always delivered ex works.
3.2 In deviation from point 3.1, shipping within Germany shall be free of charge from an order quantity of € 500 net.
3.3 The customer shall bear the loading and transport risk. Transport insurance shall not be taken out unless such insurance has been agreed upon at the express request and expense of the customer.
4. reservation of self-delivery and partial delivery
4.1 The Seller's delivery obligation is subject to the proviso of timely self-delivery. If, despite the conclusion of a covering transaction, delivery difficulties occur for which the Seller is not responsible, the Seller reserves the right to withdraw from the contract. The customer shall be informed of this without delay and the seller shall, if necessary, propose the delivery of a comparable product to the customer. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the services rendered to date shall be refunded without delay.
4.2 The Seller is entitled to make partial deliveries, provided that at least 20% of the respective total order quantity is delivered.
5. default of acceptance
If the customer does not accept the goods at the agreed time or if acceptance is not possible at the agreed time due to the customer's fault, the customer shall be in default of acceptance. He shall bear the costs of the additional expenses incurred as a result. The seller reserves the right to set a grace period of 10 working days for acceptance. Should the second acceptance also fail, the seller shall be entitled to withdraw from the contract. In such a case, the seller reserves the right to claim a lump-sum compensation in the amount of 15% of the net purchase price; the right to claim further damages is reserved. The customer is entitled to prove that no or only minor damage has occurred.
6 Prices, Default and Prohibition of Offsetting
6.1 The prices stated in the sales documents are net prices and do not include the statutory value added tax and any packaging and shipping costs.
6.2 The current version of the Seller's general price list shall apply.
6.3 Packaging and shipping costs shall be deemed to have been agreed in accordance with the price list valid at the time. Point 3.2 of these General Terms and Conditions shall remain unaffected by this.
6.4 The deduction of a discount is only permissible if this has been agreed in text form.
6.5 In the event of default in payment, interest shall accrue at a rate of 9 percentage points above the respective base interest rate.
6.6 The customer shall only be entitled to set-off against its own claim if the customer's claim has either been legally established or is undisputed.
6.7 The customer is only entitled to exercise a right of retention if it is based on the same contractual relationship.
7 Warranty
The warranty period is one year and begins with the date of delivery of the item. The rights of the entrepreneur under §§ 478, 479 BGB remain unaffected. The reduction of the warranty period to one year shall not apply if the obligation to pay compensation is based on bodily injury or damage to health due to a defect for which the seller is responsible or on gross negligence on the part of the seller or his vicarious agents. Notwithstanding the foregoing, the Seller shall be liable under the Product Liability Act.
8. notice of defects
If the customer is a merchant within the meaning of the German Commercial Code (HGB), he is obliged to inspect the delivered goods after delivery or handover and, if a defect becomes apparent, to notify the seller immediately, but no later than one week after receipt of the goods. If the customer fails to notify the seller, the goods shall be deemed to have been approved, unless a defect is involved which was not recognisable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the goods shall be deemed to have been approved also in view of this defect. The foregoing shall not apply if the Seller has fraudulently concealed the defect and/or has assumed a corresponding guarantee. If the Seller enters into negotiations regarding a complaint, this shall in no way constitute a waiver of the objection of late, insufficient or unfounded notification of defects. If the customer demands supplementary performance, the seller may choose to do so by remedying the defect or by delivering or re-manufacturing the defect-free subject matter of the contract.
9. retention of title
9.1 The goods shall remain the property of the seller until full payment of all claims arising from the business relationship.
9.2 As long as ownership has not yet passed to the customer, the customer is obliged to treat the object of sale with care. As long as ownership has not yet passed to the customer, the customer shall immediately notify the seller in text form if the delivered item is seized or exposed to other interventions by third parties.
9.3 The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to the seller the claims arising from the resale of the reserved goods in the amount of the outstanding purchase price claim. This shall also apply if the purchased goods are processed and then resold. The customer shall remain authorised to collect the claim even after the assignment. The authority of the seller to collect the claim himself remains unaffected. However, as long as the customer meets his payment obligations, is not in default and no application for the opening of insolvency proceedings has been filed against the customer, or payments have been suspended, the assignment shall not be disclosed and the claim shall not be collected.
10 Limitation of liability
10.1 The Seller shall be liable without limitation for damages if it is guilty of intent or gross negligence.
10.2 The Seller shall only be liable for simple negligence in the event of a breach of an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Customer may regularly rely (cardinal obligation). Otherwise, liability is excluded in the case of simple negligence.
10.3 Insofar as the Seller is liable for simple negligence pursuant to Section 10.2, liability shall be limited to the damage that could typically be expected to occur under the circumstances known at the time of the conclusion of the contract.
10.4 The aforementioned exclusions and limitations of liability shall not apply if a guarantee for the quality of the goods or services has been assumed or a defect has been fraudulently concealed. Furthermore, the Seller shall be liable without limitation for damage to life, limb and health.
11. binding deadlines
11.1 Binding deadlines shall always be fixed in text form.
11.2 Failure to meet a delivery deadline shall only entitle the customer to withdraw from the contract if the seller has been expressly informed by the customer at the latest at the time of conclusion of the contract that performance thereafter no longer makes sense for the customer and that performance thereafter no longer constitutes performance of the contract (absolute firm deal).
11.3 In the event of non-compliance with a delivery deadline, the customer shall set the seller a subsequent delivery deadline of 4 weeks. The customer shall only be entitled to withdraw from the contract after the fruitless expiry of this period. Points 11.2. and 11.4. of these GTC remain unaffected.
11.4 The Seller shall not be responsible for delays in performance due to force majeure (e.g. strike, lockout, official orders, general disruptions in telecommunications, etc.) and circumstances within the Customer's sphere of responsibility (e.g. failure to provide cooperation services on time, delays by third parties attributable to the Customer, etc.). In such a case, the Seller shall be entitled to make up for the performance of the affected services for the duration of the impediment plus a reasonable start-up period. The Seller shall notify the Customer immediately of any delays in performance due to force majeure.
12. resale to end consumers
12.1 Resale by the customer is only permitted to end consumers. The customer is not entitled to sell the contractual goods to resellers.
12.2 The customer shall check orders and ensure that no large quantities are sold to a single customer which would indicate a planned resale.
12.3 Advertising partners who have been expressly named as such by the seller are excluded from the restriction of points 12.1. and 12.2. of the GTC.
13 Brand Quality Standard
13.1 The customer is obliged to comply with the high quality standard of the "travelite" brand in the presentation of the contractual goods and external presentation as well as in the service for the end consumer.
13.2 To this end, the customer shall employ trained personnel for the sale of the contractual goods in order to be able to guarantee the best possible quality service.
14 Contractual language, applicable law
14.1 The contractual language is German.
14.2 The concluded purchase contracts are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15 Written form clause
Amendments or supplements to this contract must be made in writing. This also applies to amendments to this written form clause.
16 Place of performance, jurisdiction agreement
16.1 The place of performance is Hamburg.
16.2 The parties agree that the place of jurisdiction shall be Hamburg.
17. severability clause
If any of the above provisions is invalid in whole or in part due to statutory provisions, regulations or changes in the law, all other provisions shall remain unaffected thereby and shall continue to apply in full.
General Terms and Conditions of travelite GmbH & Co. KG
for contracts with companies
1. scope of application
1.1 For all deliveries of travelite GmbH & Co. KG, Merkurring 70-72, 22143 Hamburg, (hereinafter referred to as "Seller") when selling to entrepreneurs (hereinafter referred to as "Customers") shall be governed by the following General Terms and Conditions (GTC).
1.2 An entrepreneur within the meaning of § 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 Deviating general terms and conditions of the customer shall not apply unless the validity of such has been expressly agreed to by the seller in text form.
1.4 Individual agreements shall take precedence over these GTC. 2.
2 Conclusion of contract and minimum order quantity
The Seller's offers are subject to change. The customer's order legally constitutes an offer; acceptance (=conclusion of the contract) is effected by the seller separating the ordered goods and handing them over to the transport company.
3 Shipping costs and transport risk
3.1 The goods are always delivered ex works.
3.2 In deviation from point 3.1, shipping within Germany shall be free of charge from an order quantity of € 500 net.
3.3 The customer shall bear the loading and transport risk. Transport insurance shall not be taken out unless such insurance has been agreed upon at the express request and expense of the customer.
4. reservation of self-delivery and partial delivery
4.1 The Seller's delivery obligation is subject to the proviso of timely self-delivery. If, despite the conclusion of a covering transaction, delivery difficulties occur for which the Seller is not responsible, the Seller reserves the right to withdraw from the contract. The customer shall be informed of this without delay and the seller shall, if necessary, propose the delivery of a comparable product to the customer. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the services rendered to date shall be refunded without delay.
4.2 The Seller is entitled to make partial deliveries, provided that at least 20% of the respective total order quantity is delivered.
5. default of acceptance
If the customer does not accept the goods at the agreed time or if acceptance is not possible at the agreed time due to the customer's fault, the customer shall be in default of acceptance. He shall bear the costs of the additional expenses incurred as a result. The seller reserves the right to set a grace period of 10 working days for acceptance. Should the second acceptance also fail, the seller shall be entitled to withdraw from the contract. In such a case, the seller reserves the right to claim a lump-sum compensation in the amount of 15% of the net purchase price; the right to claim further damages is reserved. The customer is entitled to prove that no or only minor damage has occurred.
6 Prices, Default and Prohibition of Offsetting
6.1 The prices stated in the sales documents are net prices and do not include the statutory value added tax and any packaging and shipping costs.
6.2 The current version of the Seller's general price list shall apply.
6.3 Packaging and shipping costs shall be deemed to have been agreed in accordance with the price list valid at the time. Point 3.2 of these General Terms and Conditions shall remain unaffected by this.
6.4 The deduction of a discount is only permissible if this has been agreed in text form.
6.5 In the event of default in payment, interest shall accrue at a rate of 9 percentage points above the respective base interest rate.
6.6 The customer shall only be entitled to set-off against its own claim if the customer's claim has either been legally established or is undisputed.
6.7 The customer is only entitled to exercise a right of retention if it is based on the same contractual relationship.
7 Warranty
The warranty period is one year and begins with the date of delivery of the item. The rights of the entrepreneur under §§ 478, 479 BGB remain unaffected. The reduction of the warranty period to one year shall not apply if the obligation to pay compensation is based on bodily injury or damage to health due to a defect for which the seller is responsible or on gross negligence on the part of the seller or his vicarious agents. Notwithstanding the foregoing, the Seller shall be liable under the Product Liability Act.
8. notice of defects
If the customer is a merchant within the meaning of the German Commercial Code (HGB), he is obliged to inspect the delivered goods after delivery or handover and, if a defect becomes apparent, to notify the seller immediately, but no later than one week after receipt of the goods. If the customer fails to notify the seller, the goods shall be deemed to have been approved, unless a defect is involved which was not recognisable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the goods shall be deemed to have been approved also in view of this defect. The foregoing shall not apply if the Seller has fraudulently concealed the defect and/or has assumed a corresponding guarantee. If the Seller enters into negotiations regarding a complaint, this shall in no way constitute a waiver of the objection of late, insufficient or unfounded notification of defects. If the customer demands supplementary performance, the seller may choose to do so by remedying the defect or by delivering or re-manufacturing the defect-free subject matter of the contract.
9. retention of title
9.1 The goods shall remain the property of the seller until full payment of all claims arising from the business relationship.
9.2 As long as ownership has not yet passed to the customer, the customer is obliged to treat the object of sale with care. As long as ownership has not yet passed to the customer, the customer shall immediately notify the seller in text form if the delivered item is seized or exposed to other interventions by third parties.
9.3 The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to the seller the claims arising from the resale of the reserved goods in the amount of the outstanding purchase price claim. This shall also apply if the purchased goods are processed and then resold. The customer shall remain authorised to collect the claim even after the assignment. The authority of the seller to collect the claim himself remains unaffected. However, as long as the customer meets his payment obligations, is not in default and no application for the opening of insolvency proceedings has been filed against the customer, or payments have been suspended, the assignment shall not be disclosed and the claim shall not be collected.
10 Limitation of liability
10.1 The Seller shall be liable without limitation for damages if it is guilty of intent or gross negligence.
10.2 The Seller shall only be liable for simple negligence in the event of a breach of an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the Customer may regularly rely (cardinal obligation). Otherwise, liability is excluded in the case of simple negligence.
10.3 Insofar as the Seller is liable for simple negligence pursuant to Section 10.2, liability shall be limited to the damage that could typically be expected to occur under the circumstances known at the time of the conclusion of the contract.
10.4 The aforementioned exclusions and limitations of liability shall not apply if a guarantee for the quality of the goods or services has been assumed or a defect has been fraudulently concealed. Furthermore, the Seller shall be liable without limitation for damage to life, limb and health.
11. binding deadlines
11.1 Binding deadlines shall always be fixed in text form.
11.2 Failure to meet a delivery deadline shall only entitle the customer to withdraw from the contract if the seller has been expressly informed by the customer at the latest at the time of conclusion of the contract that performance thereafter no longer makes sense for the customer and that performance thereafter no longer constitutes performance of the contract (absolute firm deal).
11.3 In the event of non-compliance with a delivery deadline, the customer shall set the seller a subsequent delivery deadline of 4 weeks. The customer shall only be entitled to withdraw from the contract after the fruitless expiry of this period. Points 11.2. and 11.4. of these GTC remain unaffected.
11.4 The Seller shall not be responsible for delays in performance due to force majeure (e.g. strike, lockout, official orders, general disruptions in telecommunications, etc.) and circumstances within the Customer's sphere of responsibility (e.g. failure to provide cooperation services on time, delays by third parties attributable to the Customer, etc.). In such a case, the Seller shall be entitled to make up for the performance of the affected services for the duration of the impediment plus a reasonable start-up period. The Seller shall notify the Customer immediately of any delays in performance due to force majeure.
12. resale to end consumers
12.1 Resale by the customer is only permitted to end consumers. The customer is not entitled to sell the contractual goods to resellers.
12.2 The customer shall check orders and ensure that no large quantities are sold to a single customer which would indicate a planned resale.
12.3 Advertising partners who have been expressly named as such by the seller are excluded from the restriction of points 12.1. and 12.2. of the GTC.
13 Brand Quality Standard
13.1 The customer is obliged to comply with the high quality standard of the "travelite" brand in the presentation of the contractual goods and external presentation as well as in the service for the end consumer.
13.2 To this end, the customer shall employ trained personnel for the sale of the contractual goods in order to be able to guarantee the best possible quality service.
14 Contractual language, applicable law
14.1 The contractual language is German.
14.2 The concluded purchase contracts are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15 Written form clause
Amendments or supplements to this contract must be made in writing. This also applies to amendments to this written form clause.
16 Place of performance, jurisdiction agreement
16.1 The place of performance is Hamburg.
16.2 The parties agree that the place of jurisdiction shall be Hamburg.
17. severability clause
If any of the above provisions is invalid in whole or in part due to statutory provisions, regulations or changes in the law, all other provisions shall remain unaffected thereby and shall continue to apply in full.