GTC
1. General
1.1 The following terms and conditions shall apply to all orders placed with us and deliveries and other services provided by us in business transactions with non-consumers within the meaning of § 310 BGB (German Civil Code). Deviating agreements, in particular general business relations of the buyer, shall only be valid if they are expressly confirmed by us in writing.
1.2 Conclusion of contract
An order placed by a consumer constitutes an offer to vermicon AG to conclude a purchase contract. If a consumer places an order with vermicon.com, we will send you an e-mail confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. A purchase contract is only concluded when we dispatch the ordered product to you and confirm the dispatch to you with a second e-mail (dispatch confirmation).
2. Prices
Prices are ex warehouse in euros plus the applicable value added tax. Packaging and freight are charged at a flat rate within Germany. No credit note will be issued for returned packaging.
3. Payment methods / due date
3.1 Payment
Depending on the specific payment option selected, payment shall be made on account, by bank transfer for advance payment, by credit card payment or by direct debit. Withholding payments due to any counterclaims of the customer is not permitted unless these are undisputed, legally established or agreed in writing. The same applies to offsetting against counterclaims. We reserve the right to correct typographical errors and recognizable calculation errors.
3.2 Due date
If an order is placed with the option to pay by invoice, it shall be payable within 14 days of receipt of the goods/invoice without deductions. In the case of an order with the option of payment in advance, by credit card or by direct debit by a consumer, the amount specified for the product in the order shall be due for payment without deduction immediately after confirmation of the order by vermicon AG.
4. Deliveries / delivery periods
4.1 Delivery dates are only binding if they have been agreed or confirmed in writing. Delivery deadlines agreed in writing shall be deemed to have been met if the consignment is handed over to the carrier or forwarding agent within this period or leaves our warehouse or is made available for collection by the customer.
4.2 The risk of accidental loss and deterioration shall pass to the buyer when the goods are handed over to a forwarding agent or carrier, but at the latest when they leave our warehouse.
4.3 Delays in delivery through no fault of our own, strikes and lockouts as well as events of force majeure entitle us to withdraw from the contract in whole or in part or to extend the delivery time appropriately. The buyer may ask us in writing to declare whether we wish to withdraw from the contract or deliver within a reasonable period of time. If we do not declare ourselves immediately, the buyer may withdraw from the contract.
4.4 When a contract is concluded by a consumer, the delivery period is generally one working day from receipt of payment in the company account if the payment method of prepayment by bank transfer is selected; if the payment option of direct debit is selected, the delivery period is generally one working day from issue of the collection order; in the case of credit card payment, the delivery period is generally one working day from transmission of the credit card details.
5. Retention of title
The delivered goods shall remain our property until all claims arising from the business relationship have been settled. The buyer is entitled to resell the delivered goods to third parties in the normal and proper course of business. In this case, the purchaser hereby assigns to us by way of security any claims to payment of the purchase price arising from the purchase contracts concluded with third parties.
6. Contractual fulfillment and warranty
6.1 The buyer must inspect the goods for obvious defects immediately upon receipt. Any defects must be reported to us in writing within two weeks of receipt of the goods at the latest.
6.2 If the goods delivered by us are defective, we shall deliver a replacement. If the replacement delivery fails, the buyer may demand a reduction in the price or, at his discretion, rescission of the contract. In the case of insignificant defects (minor cases), the buyer is limited to a reduction of the purchase price.
6.3 The aforementioned claims of the buyer due to a defect shall become time-barred one year after delivery of the goods. Clause 7 applies to claims for damages.
7. General limitation of liability
7.1 Claims for damages and reimbursement of expenses by the Buyer (hereinafter collectively referred to as "claims for damages"), irrespective of their legal basis, in particular for breach of duties arising from a contractual obligation and from tort, are excluded. This shall not apply if a guarantee or a procurement risk is assumed. Furthermore, this shall not apply in cases of gross negligence or intent (hereinafter "gross negligence"), for liability under the Product Liability Act, for injury to life, limb or health, or for breach of material contractual obligations. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless gross negligence is present or liability exists due to injury to life, limb or health.
7.2 The statutory limitation provisions shall apply to liability for gross negligence and to claims for damages based on injury to life, limb or health. Otherwise, the limitation period for claims for damages against the seller is one year.
8. Recourse of the buyer after resale to a consumer
If the final purchaser of the goods sold is a consumer and the consumer or an intermediary to whom the buyer sold the goods demands that the buyer take back the goods sold due to defects, the buyer must notify us immediately of the risk of the claim. The buyer shall make every effort to ensure that the claim for subsequent performance against him can also be fulfilled by us at our request in order to keep the costs of recourse as low as possible.
9. Disposal
9.1 The customer must observe our information accompanying the goods when disposing of the goods and ensure that the goods are disposed of properly in accordance with the statutory provisions.
9.2 If the customer is an entrepreneur, he is obliged to dispose of the goods at his own expense. If the goods or their components are resold, the customer must transfer this obligation to the next buyer. If the customer is a consumer, the statutory provisions regarding disposal shall apply.
10. Applicable law / place of performance / place of jurisdiction
10.1 All legal relations between the parties shall be governed by German law to the exclusion of the provisions of private international law and the provisions of the Convention on Contracts for the International Sale of Goods (CISG).
10.2 The place of performance and jurisdiction for all disputes arising from and in connection with this contract is Munich. However, we are also entitled to sue the buyer at his place of business.
11. Revocation
11.1 Right of withdrawal for consumers
If you conclude a contract with vermicon AG as a consumer, you can revoke your contractual declaration within 2 weeks without giving reasons in text form (e.g. letter, fax, e-mail) or - if the goods are handed over to you before the deadline expires - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to § 312c para. 2 BGB in conjunction with § 1 para. 1, 2 and 4 BGB-InfoVO and our obligations pursuant to § 312e para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoVO. Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period.
The revocation is to be sent to:
vermicon AG
Zeppelinstrasse 3
85399 Hallbergmoos
Hallbergmoos, Germany
T: +49 (0)811 12 44 94-0
F: +49 (0)811 12 44 94-10
Internet: www.vermicon.com
E-mail: info@vermicon.com.
11.2 Consequences of withdrawal for consumers
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods or services received in full or in part or only in a deteriorated condition, you may have to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from doing anything that could impair its value. Goods that can be sent by parcel post are to be returned at our risk. You must bear the costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or, if the price of the goods is higher, if you have not yet paid the consideration or a contractually agreed part payment at the time of revocation. Otherwise the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt. If you exercise your right of revocation, any partial payment agreement shall lapse. In the case of a service, your right of revocation expires prematurely if your contractual partner has begun to perform the service with your express consent before the end of the revocation period or has arranged for this himself.
vermicon AG, May 2022