General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Offers and Product Descriptions
- Order Process and Conclusion of Contract
- Prices and Shipping Costs
- Delivery, Product Availability
- Payment Terms
- Retention of Title
- Warranty and Guarantee
- Liability
- Storage of Contract Text
- Final Provisions
1. Scope of Application
1.1. The following General Terms and Conditions shall apply exclusively to the business relationship between Peteniel GmbH, represented by its managing partners: Daniel Lewis & Peter Gegner, Ludwig-Ganghofer-Straße 1, 82031 Grünwald, Germany (hereinafter “Seller”) and the customer (hereinafter “Customer”) in the version valid at the time of the order.
1.2. These terms apply exclusively to business customers (B2B). A business customer within the meaning of these Terms and Conditions is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. This online shop is directed exclusively at business customers. Consumers within the meaning of § 13 BGB (German Civil Code) are excluded from purchasing.
1.3. Deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their validity in writing.
2. Offers and Product Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. Product descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last” unless otherwise stated for the products. Errors excepted.
2.3. All products are sold exclusively as botanical raw materials and natural dye materials. They are not intended for human consumption. No therapeutic, medical or health-related claims are made. Product descriptions are provided for informational, botanical and analytical purposes only.
3. Order Process and Conclusion of Contract
3.1. The Customer may select products from the Seller’s range without obligation and collect them in a so-called shopping cart using the [Add to Cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The Customer can then proceed to complete the order process within the shopping cart by clicking the [Proceed to Checkout] button.
3.2. By clicking the [Place binding order] button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can view and change the data at any time and use the browser’s “back” function to return to the shopping cart or cancel the order process entirely. Required fields are marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic acknowledgement of receipt by email, which lists the Customer’s order again and which the Customer can print using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer.
3.4. For business customers, the contract is concluded when the Seller ships the ordered product within seven days, hands it over, or confirms the shipment to the Customer within seven days by means of a second email, express order confirmation, or sending of the invoice. Acceptance may also be effected by a payment request addressed by the Seller to the Customer, and at the latest by completion of the payment process. In the event of multiple acceptance events, the earliest acceptance date shall be decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by their offer.
3.5. Should the Seller offer advance payment, the contract shall be concluded upon provision of the bank details and payment request. If payment has not been received by the Seller by a date of 10 calendar days after dispatch of the order confirmation, despite being due and after a further request, the Seller shall withdraw from the contract with the consequence that the order becomes void and the Seller is under no obligation to deliver. The order is then settled for the buyer and Seller without further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the Seller’s website are net prices excluding the applicable statutory value added tax (VAT). VAT will be shown separately during the checkout process and on the invoice.
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Customer on a separate information page and during the order process.
4.3. Volume-based pricing (tiered pricing) applies to selected products as indicated on the respective product pages. The applicable price tier is determined by the total quantity of eligible products in the Customer’s order. The Seller reserves the right to modify tiered pricing at any time.
5. Delivery, Product Availability
5.1. If advance payment has been agreed, delivery shall take place upon receipt of the invoice amount.
5.2. Should delivery of the goods fail due to the fault of the Customer despite three delivery attempts, the Seller may withdraw from the contract. Any payments already made shall be refunded to the Customer without delay.
5.3. If the ordered product is not available because the Seller is not supplied with this product by their supplier through no fault of their own, the Seller may withdraw from the contract. In this case, the Seller shall inform the Customer without delay and, if applicable, suggest the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller shall refund any consideration already provided by the Customer without delay.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5. The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. The stated delivery dates and deadlines are not fixed dates unless expressly agreed otherwise.
5.6. Delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery substantially more difficult or impossible for the Seller shall not be the responsibility of the Seller, even in the case of binding agreed deadlines and dates. In such cases, the Seller shall be entitled to postpone delivery or performance by the duration of the impediment plus a reasonable start-up period. This right to postpone shall also apply in cases of unforeseeable events affecting the operations of a sub-supplier that are not the responsibility of either the sub-supplier or the Seller. During the duration of such impediment, the Customer shall likewise be released from their contractual obligations, in particular payment. If the delay is unreasonable for the Customer, they may withdraw from the contract by written declaration after setting a reasonable deadline or after mutual consultation with the Seller.
5.7. For orders exceeding 100 kg, the Seller reserves the right to arrange delivery by freight or pallet shipping. Additional shipping costs for freight deliveries will be communicated to the Customer before shipment.
6. Payment Terms
6.1. The Customer may choose from the available payment methods during and before completion of the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is available, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g. PayPal, their general terms and conditions shall apply.
6.4. If the due date for payment is determined by the calendar, the Customer shall be in default by merely missing the deadline. In this case, the Customer shall pay the statutory default interest.
6.5. The Customer’s obligation to pay default interest shall not preclude the Seller from asserting further damages caused by default.
6.6. The Customer shall only be entitled to set-off rights if their counterclaims have been legally established or acknowledged by the Seller. The Customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
7. Retention of Title
The delivered goods shall remain the property of the Seller until full payment has been made.
The following shall additionally apply: The Seller retains ownership of the goods until full settlement of all claims arising from an ongoing business relationship. The Customer is obliged to treat the purchased item with care as long as ownership has not yet passed to them. In particular, they are obliged, where appropriate or customary in the trade, to insure the item adequately at their own expense against theft, fire and water damage at replacement value.
The Customer is entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to the Seller by way of security, in full, the claims arising from the resale or any other legal basis relating to the reserved goods (including all balance claims from current account). The Seller revocably authorises the Customer to collect the claims assigned to the Seller for the Customer’s account and in their own name. This collection authorisation may be revoked if the Customer fails to properly meet their payment obligations.
The Seller undertakes to release the securities to which the Seller is entitled at the Customer’s request insofar as their total realisable value exceeds the sum of all outstanding claims of the Seller from the business relationship by more than 10% (or by more than 50% in the event of a realisation risk). The selection of the securities to be released shall be at the Seller’s discretion.
Upon settlement of all claims of the Seller from delivery transactions, ownership of the reserved goods and the assigned claims shall pass to the Customer.
8. Warranty and Guarantee
8.1. The warranty (liability for defects) shall be governed by statutory provisions, subject to the following regulations.
8.2. A guarantee for the goods delivered by the Seller shall only exist if this has been expressly given. Customers are informed about the guarantee conditions before the initiation of the order process.
8.3. The Customer shall examine the goods without delay and report recognisable material defects to the Seller without delay, at the latest within two weeks of delivery, in writing. Non-recognisable material defects shall be reported without delay, at the latest within two weeks of discovery. Commercially customary deviations in quality, weight, size, thickness, width, finish, pattern and colour that are permissible under quality standards or are minor shall not constitute defects.
8.4. The choice between repair and replacement delivery of defective goods shall be made by the Seller.
8.5. Material defects shall become time-barred, notwithstanding the liability provisions of these Terms and Conditions, generally one year after the transfer of risk, unless longer periods are mandatorily prescribed by law.
8.6. If the Customer has installed the defective item in or attached it to another item in accordance with its type and intended use within the meaning of § 439(3) BGB, the Seller shall not be obliged, subject to an express agreement and without prejudice to other warranty obligations, to reimburse the Customer for the costs of removing the defective item and installing or attaching the repaired or delivered non-defective item within the scope of supplementary performance.
9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.
9.2. The Seller shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect following the assumption of a guarantee for the quality of the product, or in the case of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage of Contract Text
10.1. The Customer can print out the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order.
10.2. The Seller also sends the Customer an order confirmation with all order data to the email address provided. With the order confirmation, at the latest upon delivery of the goods, the Customer also receives a copy of the Terms and Conditions and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your account area. We also store the contract text but do not make it accessible on the internet.
10.3. Business customers may receive contract documents by email, in writing, or by reference to an online source.
11. Final Provisions
11.1. Subject to other agreements or mandatory statutory provisions, the place of performance shall be the registered office of the Seller. The place of jurisdiction shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law, or if the Customer does not have a general place of jurisdiction in the Seller’s country of domicile. The Seller’s right to choose another permissible place of jurisdiction shall remain reserved.
11.2. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions conflict with this.
11.3. The contract language is English. The German version of these Terms and Conditions shall prevail in the event of any discrepancies.
11.4. Products are sold exclusively to persons of legal age. Our Kratom is not sold for human consumption and must be kept away from children and minors. Any known violation of this provision shall result in the exclusion of future business relations.
11.5. As this shop is directed exclusively at business customers (B2B), the provisions regarding the EU Online Dispute Resolution platform for consumers (http://ec.europa.eu/consumers/odr/) do not apply. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
These General Terms and Conditions apply to wholesale-kratom.eu, operated by Peteniel GmbH, Germany.