§ 1 General

(1) For all deliveries and other services, the following sales and delivery conditions apply exclusively. They apply only to entrepreneurs within the meaning of § 310 I BGB (= German Civil Code). Deviating conditions of the buyer, which the seller does not expressly acknowledge, are not binding, even if the seller does not expressly object to them.

(2) The inclusion and interpretation of these sales and delivery conditions, as well as the conclusion and interpretation of transactions with the buyer, are governed exclusively by the law of the Federal Republic of Germany. The application of the Uniform Law on the Conclusion of International Sales Contracts for Movable Goods, the Uniform Law on International Sale of Goods under the UN Sales Convention, is excluded.

(3) Oral agreements and collateral agreements require written confirmation by the seller to be effective.

(4) The place of performance for all obligations arising directly or indirectly from this contractual relationship, including the obligation to pay, is the seller's place of business in Germany.

(5) The place of jurisdiction is the court responsible for the seller's place of business in Germany, insofar as the buyer is a merchant. The seller is also entitled to sue in a court that has jurisdiction over the buyer's place of business or a branch.

§ 2 Offers, Delivery and Performance Time

(1) Offers in our catalogs and brochures do not constitute offers, they are merely an invitation to submit an offer. Errors and misprints in the price list and catalog do not obligate fulfillment.

(2) Delivery is generally made according to the buyer's wishes. Delivery dates are binding only if confirmed in writing. We reserve the right to make partial deliveries.

(3) Delivery is made from Herrenberg, Germany at the buyer's risk, even for free delivery. Free shipping is available within Germany for net goods value of €300 or more. Orders under €50 net value are only possible in exceptional cases.

(4) New customers and international customers are only supplied against prepayment, unless otherwise agreed in writing.

§ 3 Prices and Payment Terms

(1) Prices are ex works plus packaging and other shipping and transportation costs. The statutory value added tax is not included in our price and will be charged additionally at the statutory rate.

(2) Payments on account are to be made within ten days from the invoice date with a 2% discount, or within 30 days from the invoice date without deduction. We grant a 4% rebate for direct debit payments.

(3) In the case of payments through third parties, especially within the framework of del credere agreements, the goods are considered paid only when the payment is received by us. Foreign payments must be marked 'free of charge for the recipient.'

(4) A cash discount deduction on newer invoices is not permitted as long as previous invoices are still outstanding. In the event of culpable exceeding of the payment deadline, interest at a rate of 8% above the respective base interest rate will be charged, and a reminder fee of €6 will also be levied.

§ 4 Defects / Warranty

(1) If the purchase is a commercial transaction for both parties, the buyer must examine the goods immediately, i.e. within 10 days of receipt, and report any visible defects in writing, specifying the invoice number, invoice date, and customer number. Otherwise, §§ 377 et seq. HGB (= German Commercial Code) apply.

(2) Claims for defects are limited to subsequent performance. In the event of failure of subsequent performance, the buyer has the right to demand a reduction in remuneration or rescission of the contract at his discretion.

(3) Further claims of the buyer, unless they result from a guarantee, are excluded. This does not apply in cases of intent, gross negligence, or breach of essential contractual obligations by the seller.

(4) Claims for defects expire one year after delivery of the purchased item.

§ 5 Offset and Retention / Transfer of Risk

(1) Offsetting and retention are excluded unless offsetting claims are undisputed or have been legally established.

(2) The risk passes to the buyer as soon as the seller has made the goods available to the buyer and has notified the buyer accordingly.

§ 6 Retention of Title

(1) The seller reserves ownership of the delivered goods until full payment has been made. The retention of title also applies until all current and future, conditional claims from the business relationship between the buyer and the seller have been fulfilled.

(2) The buyer is not authorized to assign or pledge the goods as collateral, but is entitled to resell the reserved goods in the ordinary course of business. He hereby assigns the resulting claims against his business partners to the seller, and the assignment is hereby accepted.

(3) The buyer must immediately notify the seller of any third-party claims to the reserved goods or assigned claims.

(4) The seller is entitled to assert the retention of title rights without withdrawing from the contract.

§ 7 Liability

Damage claims of the buyer are excluded. This does not apply in cases of intent, gross negligence, violation of essential contractual obligations by the seller, or guarantees.

§ 8 Privacy Notice (according to GDPR)

Fridolin GmbH complies with the provisions of the General Data Protection Regulation (EU regulation) to protect your personal data. We only collect and store data necessary for the fulfillment of contracts. For further use of personal data, we obtain the consent of each customer. Even after consent, all rights derived from the GDPR, such as the right to access, modify, delete data, etc., apply. For information about your right to object, further regulations, and your right to complain to data protection authorities and related addresses, please refer to our website: www.fridolin.de

§ 9 Final Provisions

(1) If individual provisions of this contract conflict with the German version (= AGB), the German version applies (please refer to our website: www.fridolin.de).

(2) The invalidity of individual provisions of this contract or its components does not affect the validity of the remaining provisions. Within the reasonable scope and good faith, the contracting parties are obliged to replace an ineffective provision with an effective one that achieves the same economic result, provided that this does not result in a substantial change in the content of the contract.

Fridolin GmbH
Rigipsstraße 15
71083 Herrenberg

Germany

Amtsgericht Stuttgart (Local Court)

HRB Number 244149
Managing Director Josef Schmidt