General Terms and Conditions of Retail & Travel Partners GmbH
Status as of 25th July 2017
§ 1 Scope of General Terms and Conditions
- The following General Terms and Conditions shall apply to all deliveries and services of Retail & Travel Partners GmbH (hereinafter: RTP).
- Deviating, conflicting or supplementary general terms and conditions of business of the contractual partner shall not become an integral part of the contract unless their validity is expressly approved in writing.
§ 2 Conclusion of Contract, Agreed Properties
- Contracts for the delivery of goods shall be concluded at the latest by RTP’s delivery of the goods.
- Any specifications in brochures, illustrations, drawings and other descriptions do not represent a guarantee of properties unless they are expressly marked as such.
§ 3 Delivery Reservation, Delivery Times
1. RTP shall not assume any procurement risk for ordered goods. RTP shall be entitled to withdraw from the contract if the delivery item cannot be obtained despite the prior conclusion of a corresponding purchase agreement and despite demonstrable efforts to obtain such from the supplier.
2. If the non-compliance with an agreed delivery time is due to force majeure, labor disputes, fire, unforeseeable obstacles or other circumstances for which RTP is not responsible, the delivery or execution time shall be extended for the duration of these circumstances. This also applies if RTP is in default on the occurrence of the impediment. If the impediment continues for more than one month, both RTP and Customer shall be entitled to withdraw from the contract. Any further rights of Customer shall remain in effect.
3. RTP will notify Customer immediately of any impediment to performance and, in the event of cancellation, immediately reimburse Customer for services already rendered.
§ 4 Retention of Title, Extended Retention of Title
- Goods delivered by RTP shall remain the property of RTP until full payment of the purchase price.
If Customer is not a consumer within the meaning of § 13 BGB [German Civil Code], the following provisions apply in addition to contracts for the delivery of goods:
2. The delivery item remains the property of RTP until all claims against Customer arising from the business relationship have been fulfilled. This also applies if some or all claims of RTP were included in a current invoice and the balance was drawn.
3. In the event of the sale of the delivery item, Customer hereby assigns his claim from the resale against Customer with all ancillary rights to RTP as a precaution. The assignment shall apply to all balance claims. However, the assignment shall only to the amount corresponding to the invoiced price of the delivery item.
4. If Customer combines the object of delivery with land or movable property, he shall assign his claim, to which he is entitled as compensation for the combination, with all ancillary rights as collateral to the extent of the relationship of the value of the delivery item to the other combined goods at the time of such combination.
5. Customer shall be obliged to notify RTP immediately of any execution access to goods subject to retention of title by RTP as well as damage or destruction. The same applies to a change of ownership of the goods and a change of the storage of the goods.
§ 5 Price Components, Due Date
- Purchase prices are ex warehouse RTP plus packaging and shipping.
2. Purchase prices shall be due on the day of delivery without deductions.
§ 6 Partial Deliveries, Transfer of Risk in Dispatch Purchases
If Customer is not a consumer within the meaning of § 13 BGB [German Civil Code], the following provisions apply to contracts for the delivery of goods:
- RTP shall be entitled to provide partial deliveries, unless partial deliveries are not reasonable for Customer. If partial deliveries have been made, the provisions on default in § 4 shall apply only with regard to deliveries which have not yet occurred.
- With the transfer to the transport company, the risk shall be transferred to Customer. RTP shall be released from its obligation to perform upon the transfer to the transport company. The transport of the goods is at the risk of Customer. This shall also apply if partial deliveries are made or RTP has assumed any additional services, such as transport costs or delivery.
§ 7 Warranty for Material Defects
The warranty for material defects shall be subject to statutory provisions. In addition, the following regulations apply:
- In case the supplementary performance fails, Customer may, at his option, demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). In the event of a minor breach of contract, especially in the case of only minor defects, Customer has no right of withdrawal.
- If Customer chooses to withdraw from the contract because of a legal or material defect after failed supplementary performance, he shall not be entitled to any claim for damages due to the defect.
§ 8 Limitations of Liability
- RTP shall be liable in cases of intentional or gross negligence in accordance with statutory provisions. Otherwise, RTP shall only be liable under the Product Liability Act due to injury to life, limb or health or due to culpable violation of essential contractual obligations or insofar as RTP has fraudulently concealed a defect or assumed a guarantee for the quality of the delivery item. However, the claim for damages for the breach of essential contractual obligations shall be limited to the typical, foreseeable damages on such contracts. Significant contractual obligations are those whose fulfillment characterizes the contract and on which Customer may rely.
- 2. The liability of RTP for loss of earnings shall be excluded if the delay is due to the fact that, despite demonstrably timely order and despite proven efforts to obtain timely procurement, the goods cannot be obtained in good time from the supplier.
§ 9 Applicable Law, Place of Jurisdiction
1. The law of the Federal Republic of Germany applies. However, this shall not affect the legal position of a consumer as stated by the laws of his country of residence.
2. If Customer is not a consumer within the meaning of § 13 BGB [German Civil Code], the place of jurisdiction for disputes arising out of or in connection with the contractual relationship shall be Flensburg, Germany