1. Scope of Applicability:
These General Terms and Conditions (GTC) govern all commercial relations between the Fruchtwerk e.K. (Fruchtwerk) and its customers. They replace all earlier GTCs und are exclusively. All other GTCs are explicitly refused.
2. Closing a contract
Contracts are closed with the sending of a confirmation mail or the delivery of the goods by Fruchtwerk. Fruchtwerk is not required to close a contract.
3. Terms of payment
Payment can be made by: VISA, Mastercard, American Express, JCB or Diners Club.
If the goods have been ordered to pickup, payment can be made by cash or credit card.
Should there be any chargebacks due to incorrect information provided by the buyer, the buyer has to bear the resulting costs.
4. Sales processing / delivery of goods
(1) The goods are delivered to the employers of the buyers with the purpose of delivery near the offices of the buyers. The buyer takes his ordered goods independently.
(2) If the goods have been ordered via the pick-up page, the ordered goods will be ready for collection at FRUCHTWERK from the agreed date.
5. Retention of title
The goods remain the property of Fruchtwerk until full payment of the purchase price.
6. Exemption from liability / guarantee
Fruchtwerk is liable for purpose, gross negligence and damages to body, life or health and for light negligence in central contract duties. In case of light negligence Fruchtwerk’s liability for financial/economic damages is restricted to the expectable and typical amount. Central contract duties are those, on whose fulfillment the client can trust and which are formative for the contract. Other liability is exempted.
Legal warranties are untouched by this exemption, meaning the client still has the right to step back, to claim a rework/resupply and to price reduction, if applicable failures are given.
If and when things are given to the client, the right for damages according to product liability law ist untouched by the exemption.
Fruchtwerk will only be able to deal with complaints of easily perishable goods quickly and unbureaucratically, if the buyer asserts these immediately after detection of the faults, so that Fruchtwerk can verify their authorization.
7. Applicable law / place of jurisdiction
The contract is ruled by the law of the Federal Republic of Germany. If and when the client is consumer with residence in an EU-member state, mandatory consumer-protection regulations and mandatory consumer-protection judgements of the residence country of the client remains applicable. UN sales law is excluded. The place of jurisdiction for contracts with merchants is at the place of Fruchtwerk. The contract will be performed in German.