Terms and Conditions
1. General information
These General Terms and Conditions apply to all deliveries and services of Gräfenhof Tee GmbH. Insofar as they are contractually integrated and not otherwise regulated in the offer text.
The minimum order value (value of goods) in Germany is 90,00€ / net. Within Europe (incl. Switzerland, Norway) the minimum order value (value of goods) is 90,00€ / net. Below this order value, an expense fee of 15.00€ / net will be charged. Orders can be placed via our homepage (after successful registration), by e-mail or telephone. The written order confirmation (by e-mail) must be checked immediately. Gräfenhof Tee GmbH delivers exclusively to traders, with reference to § 14 of the German Civil Code (BGB).
2.1 Special mixtures and packaging
Our packaging units (PU) are 1 kg, unless otherwise requested. From an order of 10 kg per tea variety, we deliver in bags on enquiry. Special orders are produced from 10kg and individually packed on request (packed from 10kg and minimum 300 bag units). The shipping costs here are basically 9.50€ / net per package (DPD) within Germany (excluding islands). Raw material prices may vary depending on the market situation. Additionally, please note that due to new labelling regulations or market situations, ingredient lists may vary. The ingredients listed in our catalogue and flyers are for information purposes only. The information does not release you from your own responsibility to check. The examination refers to the scope of your own due diligence with regard to their suitability for the intended processes and purposes and the risk of infringement of any third-party property rights. Gräfenhof Tee GmbH accepts no liability for this. The purchaser shall also ensure that labels, packaging and other materials supplied comply with the respective current food standard and have been tested. A declaration of conformity is to provide on request.
3. Objection period when concluding contracts
Orders placed by the purchaser are binding for the purchaser. Conclusions of contracts and other agreements, as well as their amendments, require confirmation from us by letter, fax or e-mail in order to be effective. Only the content of our confirmation shall be authoritative for orders and agreements, unless the recipient objects in writing 24 hours after receipt. Even if these are accepted by our representatives. This applies in particular to verbal or telephone orders and agreements. Unless otherwise confirmed by us in writing, the invoice shall be deemed to be the order confirmation.
4. Shipment and delivery
From an order value of € 200.00 / net, we deliver free of shipping costs all over Germany (excluding islands). Delivery services and shipping companies may vary. Below this order value, shipping costs of 9.50€ / net will be charged. For island deliveries, an additional island surcharge of 12.90€ / net per package applies. Transport costs for other countries than Germany are calculated individually per parcel and will be communicated on request. Deliveries from 450,00€ / net will be delivered free of shipping costs within the EU (incl. Switzerland) (except islands). We are entitled to insure deliveries on behalf of and for the account of the buyer, but we are not obliged to do so. The buyer must immediately notify the parcel service of any loss or damage during transport. This shall be done irrespective of at whose expense the shipment is made. Partial deliveries must be accepted and paid for. Any differences in quality in a partial delivery do not entitle the buyer to reject the remainder of the completed quantity. Unless delivery dates and deadlines have been expressly agreed otherwise, delivery dates and deadlines are ex works and are not binding.
If desired, the buyer can collect the order independently or alternatively have it collected by a forwarding agent / parcel service. In this case, the delivery and pick-up times must be observed as a matter of urgency. The exact time slots will be communicated on request. Any service costs will be stated in the offer and orders. The customer assumes liability from the warehouse edge.
The prices stated by us in catalogues and price lists are subject to change. Unless otherwise agreed in individual cases, the prices are subject to the applicable VAT. In addition, they are subject to any customs duties / taxes that may be incurred abroad. A sale takes place only while stocks last. Our graduated prices cannot be combined with other discount campaigns. All previous sales conditions, catalogues and prices lose their validity with the publication of a new catalogue.
6. Terms of payment
Orders will only be paid in advance. Other payment methods (on account, Paypal, credit card, etc.) are available on request. For cash on delivery orders, a fee of 7.50€ / net per shipment will be charged. In the case of payment on invoice, the due date given on the invoice shall apply. The statutory provisions regarding the consequences of default in payment shall apply. The purchaser is only entitled to offset counterclaims or to withhold payments if the counterclaims are undisputed or have been legally established. In the case that a significant deterioration has occurred in the financial circumstances of the purchaser or is expected for the future due to objective ircumstances and we only become aware of this after the conclusion of the contract, we can demand advance payments in cash for further deliveries or refuse deliveries for the time being and invoice the goods when they are ready for shipment.
7. Reservation of title
The goods delivered by us remain our property until full payment of all our claims arising from the business relationship with the purchaser, including future claims which only arise after delivery. Our retention of title shall continue to exist even if the corresponding goods are decanted or portioned into other containers without mixing or other processing. The purchaser already assigns to us the claims to which he is entitled from the resale, including any current account balance claim. We accept this assignment now. The purchaser is only authorised to collect the claim assigned to us until we revoke this authorisation. We may exercise this right of revocation if the buyer does not properly fulfil his payment obligations arising from the business relationship with us. Furthermore, if circumstances become known which may considerably reduce the creditworthiness of the buyer.
8. Rights in the case of material defects and defects of title
The buyer is obliged to inspect the delivered goods immediately and properly at his own expense. Any defects or shortages must be notified to us in writing within 7 days by email to [email protected]. A time limit of one week from delivery shall apply for the notification of obvious defects or shortfalls in quantity. Concealed defects shall be reported to us immediately after discovery. Origin, leaf grades, volumes and other information on the quality of the delivery item can be found in the specification.
Any public advertising statements/product specifications made by third persons or by us are not the subject of the contractual product specification. Claims for defects on the part of the purchaser are limited to a claim for rectification of defects or replacement delivery. The right of choice for this lies with us. Claims for defects by the purchaser after 7 days from delivery are no longer valid.
9. Governing law, jurisdiction and place of performance
Place of performance for deliveries and payments is 21614 Buxtehude, Germany. All disputes relating to the quality of the goods delivered by us shall be settled by Stader Chamber of Commerce Arbitration. Both parties are free to appeal to the ordinary courts. The sole place of jurisdiction is Buxtehude. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).