General Terms and Conditions (GTC) of Marco Schreier Mineralienhandlung GmbH
(Registered office: 71636 Ludwigsburg, Managing Director Marco Schreier, registered at Stuttgart Local Court HRB No. 204627) As of: 28.07.2022
1. placing of order
1.1 By placing an order with us, irrespective of the form in which it is placed, the Buyer accepts these General Terms and Conditions for the duration of the entire business relationship.
1.2 The Buyer's terms and conditions of purchase and/or payment shall apply to us only if we acknowledge them in writing.
1.3 In the context of customer service and order processing, customer data are processed and stored by means of EDP. Hereby, the customer also agrees to the passing of the adress data to affiliated companies.
2. data protection
The provisions of Regulation (EU) 2016/679 (Data Protection Regulation (DSGVO)) and the Federal Data Protection Act (BDSG), as amended, shall apply to the processing and protection of personal data within the scope of the present business relations. In particular, Art. 5 para. 1 lit. f, Art. 28 para. 3 DSGVO (data integrity and confidentiality) and Art. 12 et seq. DSGVO (information obligations). We store and process personal data only to the extent that they are necessary for the establishment, content or modification of the legal relationship and business relations. The personal customer data will be deleted after termination of the business relationship. Legal retention periods remain unaffected. Our detailed data protection provisions can be found at Data Protection as well as in the notice and as a print version in our business premises.
3. prices and terms of payment
3.1 The price agreements apply only to the individual order. Repeat orders shall be deemed to be a new order.
3.2 If, after conclusion of the contract, the acquisition and manufacturing costs for our deliveries change as a result of changes in the prices of raw materials or auxiliary materials, wages and salaries, freight charges, currency exchange rates or public charges, we shall be entitled to adjust the price accordingly. The relevant delivery date shall be decisive for the price adjustment. If the price for our performance is thereby increased by more than 10% compared to the agreed price for our performance, the customer shall be entitled to withdraw from the contract. The withdrawal must be declared in writing within two weeks after receipt of the message about the price adjustment.
3.3 Our wholesale prices are net prices in Euro and do not include the statutory value-added tax.
3.4 Packaging costs shall be invoiced either at our cost price, in particular in the case of larger consignments, or as a lump-sum contribution to expenses.
3.5 For payment by direct debit immediately, cash, check or prepayment, we grant a 3% discount for a net value of goods over 100, - EURO. On domestic purchases 2% discount is granted, on payment by credit card no discount can be credited. With the exception of payments by direct debit, our invoices are due for payment within 30 days from the date of invoice without deduction. Due invoice amounts from stock exchange sales are generally to be paid immediately without deduction. Invoices from deliveries abroad are to be paid in advance, cash on delivery or by credit card and are also due without deductions.
Charges due from incoming payments from abroad will be invoiced as a lump sum of 15,- EURO per foreign check, foreign order check, foreign bank transfer. Bills of exchange will only be accepted on account of payment on the basis of a special agreement with the guarantee of the central bankability of the drawee, credit notes for bills of exchange and checks will be made, subject to their payment, with value date of the day on which we can dispose of the equivalent value. Cheques shall only be accepted on account of performance.
If payment by direct debit is chosen, we shall apply the SEPA direct debit procedure (SEPA basic direct debit with COR 1 option, so-called "express direct debit") with a shortened lead time. For this purpose, the purchaser may grant us a SEPA basic mandate to an account under his disposal. The advance notice of the due date of the direct debit as well as the amount to be collected (pre-notification) shall be made with the transmission of the invoice to be collected. The period for this pre-notification is thus reduced to one day. The Buyer assures to provide for the coverage of the account.
3.6 All costs caused by late payment shall be borne by the Buyer. Interest on arrears shall be charged at a rate of 8% above the respective prime rate published by the Deutsche Bundesbank. They are to be set higher or lower if the Seller proves a charge with a higher interest rate or the Buyer proves a lower charge, which the Buyer is expressly permitted to do.
3.7 In the event of non-redemption of direct debits, checks, EC or credit card bookings, the Buyer shall bear all costs incurred by the Seller, such as return fees of the bank, in addition to the default costs pursuant to 3.6. 3.8 If the customer purchases books from us at our net retail price, he is obliged to use them exclusively for resale and to resell them only at the binding final prices indicated by the publishers. The customer confirms with the purchase that he has the requirements of a commercial enterprise. For each case of intentional or negligent offering or granting of inadmissible discounts, the customer undertakes to pay a contractual penalty in the amount of the invoice value of the intended or completed transaction, but at least 1,500 EURO for the first violation, 2,500 EURO for repetition and 5,000 EURO for inadmissible discount offers to a plurality of buyers. The same applies in case of exceeding the store price. Contractual penalties from this agreement are to be paid to the Sozialwerk des Deutschen Buchhandels.
4. delivery and reservation of withdrawal
4.1 Delivery shall be made at the expense and risk of the Buyer, who shall also bear the corresponding costs in the event of a return shipment and shall ensure adequate packaging and insurance, unless the return shipment is made in justified exercise of the warranty right.
4.2 Binding delivery periods can only be agreed for goods that are available from stock. For all goods that must first be procured (covering transaction), a contract commitment of four months from order confirmation shall generally apply. Due to the special characteristics of the goods as a natural product, the availability of which is naturally subject to strong fluctuations, the buyer and seller acknowledge a withdrawal from the contract if the ordered goods have not been delivered within four months and a grace period of a maximum of another two months to be agreed upon then has not been successful either. The reservation of withdrawal shall apply to our benefit only in the event that we have concluded a specific covering transaction and have not been supplied by the contractual partner. In the event of a withdrawal declared by us, we undertake to inform the Buyer immediately of the non-availability of the goods and to reimburse any consideration received without delay.
5. complaints
5.1 The Buyer shall inspect the goods for defects immediately upon receipt at the place of destination. Obvious defects must be reported to us in writing immediately after receipt of the delivery, hidden defects within one week after discovery. Otherwise, the delivery shall be deemed to have been approved. Return shipments which are not carriage paid shall not be accepted.
5.2 In the event of defects, the buyer may, at our discretion, demand free rectification or free replacement of defect-free goods. Replaced goods become our property. If repair or replacement is not possible or is refused or does not take place or fails for reasons for which we are responsible within a reasonable period determined by the Buyer, the Buyer may withdraw from the contract or reduce the purchase price.
5.3 We shall not be liable for damage to the goods caused by natural spoilage, unsuitable or improper use, excessive stress or improper alteration or repair by the Buyer or third parties. Furthermore, we shall not be liable for defects that only insignificantly reduce the value or the suitability of the goods.
5.4 Further claims of the Buyer, in particular for damages in lieu of performance and for compensation for any other direct or indirect damage, including damage not incurred to the delivery item itself, as well as for application compensation, including from culpa in contrahendo or tort, shall be excluded. This shall not apply insofar as we have assumed a guarantee for the quality of the goods or the damage is based on intent or gross negligence on the part of our legal representatives or vicarious agents or a culpable breach of an essential contractual obligation by these persons or a culpable breach of duty on the part of our legal representatives or vicarious agents has led to injury to life, limb or health. In the event of damage to property or financial loss caused by simple negligence, however, our obligation to pay compensation shall be limited in amount to the foreseeable damage typical of the contract. The statutory provisions on the burden of proof shall remain unaffected.
5.5 The provisions according to item 4.4 shall apply accordingly to direct claims of the Buyer against our legal representatives or vicarious agents
5.6 All claims for defects on the part of the Buyer, including the claims for damages and reimbursement of expenses set out in Clauses 4.4 and 4.5, shall become statute-barred one year after delivery of the goods to the Buyer. This shall not apply insofar as the law mandatorily prescribes a longer limitation period.
6. retention of title
6.1 The delivered goods shall remain our property until full payment of all claims arising from the business relationship, including ancillary claims and claims for damages, also from the cashing of checks and bills of exchange.
6.2 If our goods are processed, combined or mixed with other goods by the customer, we shall acquire co-ownership of the new product in the ratio of the invoice value of our goods to the invoice value of the other processed, combined or mixed goods at the time of processing, combination or mixing. If the value proportions of the processed, combined or mixed goods can no longer be determined, we shall acquire sole ownership of the new product.
6.3 In the event of the Buyer's default in payment, an application for the opening of insolvency proceedings, a transfer of the expectant right to third parties, or the transfer of the Buyer's business operations to third parties, we shall be entitled, even without withdrawing from the contract, to take back the delivered goods and to enter the Buyer's business premises for this purpose. The taking back of the goods by us shall not constitute a withdrawal from the contract unless we expressly declare this in writing. After taking back the goods subject to retention of title, we shall be entitled to sell them on the open market. The proceeds of the sale shall be credited against the Buyer's liability less reasonable sales costs.
6.4 The Buyer's claims arising from the resale of the goods are hereby assigned to us. The Buyer shall be entitled to collect the assigned claims as long as he meets his payment obligations. In the event of default of payment by the Buyer, we shall be entitled to revoke the collection authorization. In this case, the purchaser is obliged, at our request, to provide us with all information necessary for collection, to allow our representatives to check the inventory of the assigned claims on the basis of his bookkeeping, and to inform the debtors of the assignment. The extended reservation of title shall also remain in force until full payment of all claims arising from the business relationship.
6.5 The Buyer is prohibited from pledging or assigning the reserved goods as security. In the event of pledges, seizures or other dispositions or interventions by third parties in the goods subject to retention of title or in the claims assigned in advance, the Buyer shall notify us immediately and provide us with the documents necessary for an intervention.
6.6 We undertake to release the securities to which we are entitled at the Buyer's request to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%; we shall be entitled to select the securities to be released.
7. The Buyer shall be entitled to use the Seller's image material on the Amazon trading platform when selling its goods, provided that the Buyer adheres to the Seller's recommended retail price (RRP) in its pricing.
8. place of performance and jurisdiction
8.1. place of performance is 71636 Ludwigsburg, Germany.
8.2. if the buyer is a merchant, a legal entity under public law or a special fund under public law, the local court in 70190 Stuttgart, Germany, is agreed as the place of jurisdiction for disputes up to EUR 5,000.00 and for disputes over EUR 5,000.00 the regional court in Stuttgart, Germany. We are entitled to sue also at the seat of the buyer.