§ 1 scope of application

1. These terms and conditions of sale apply exclusively to entrepreneurs within the meaning of § 14 para. 1 BGB, legal persons under public law or special funds under public law within the meaning of § 310 paragraph 1 BGB.

2. These General Terms and Conditions apply to all orders placed by customers with More Snacks GmbH, regardless of whether these transactions are concluded online or offline.

3. We shall only recognise terms and conditions of the customer that are contrary to or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.

4. These terms and conditions of sale shall also apply to all future business transactions with the purchaser, insofar as these are legal transactions of a related nature. The inclusion of general terms and conditions of business of the customer which contradict our general terms and conditions of business is hereby already objected to.

§ 2 offer and conclusion of contract

If an order is to be regarded as an offer in accordance with § 145 BGB, we may accept it within two weeks. This is done by sending an order confirmation.

§ 3 documents provided

In all documents provided to the purchaser in connection with the placing of the order - also in electronic form - such as e. g. product data sheets, calculations, image and trademark files etc. , we reserve property rights and copyrights. These documents may not be made accessible to third parties unless we give our express written consent to do so. If we do not accept the orderer's offer within the period of § 2, these documents are to be returned to us without delay.

§ 4 price and payment

1. Unless otherwise agreed in writing, our prices are ex warehouse excluding packaging and plus value added tax at the applicable rate.

2. The prices that apply are those that were confirmed by order confirmation at the time the order was placed and are therefore definitive. In principle, therefore, there is no entitlement to receive goods at earlier or later, more favourable prices. Insofar as we exceptionally take into account price reductions for your current order that occur before delivery of the goods, this is done voluntarily and without legal obligation.

3. Payment of the purchase price must be made exclusively to the business account of More Snacks GmbH. The deduction of a discount is only permissible with a special written agreement.

4. Unless otherwise agreed, the purchase price shall be paid within 10 days of the invoice date at the latest. Subsequently, interest on arrears in the amount of 8 % above the respective base rate p. a. shall be charged. There is also an entitlement to payment of a lump sum of 40 euros. We reserve the right to claim higher damages for delay.

5. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes at any time due to changes in wage, material and distribution costs for deliveries.

§5 right of retention

The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 6 delivery

1. The commencement of the delivery period specified by us presupposes the timely and proper fulfilment of the customer’s obligations. The objection of non-performance of the contract remains reserved.

2. Unless otherwise agreed, the goods will be delivered at the request of the purchaser from our warehouse to the address specified by the purchaser. Delivery of parcel and forwarding goods shall take place ex warehouse, unless otherwise agreed in individual cases.

3. More Snacks GmbH is entitled to make partial deliveries, provided that partial delivery is reasonable to the purchaser in individual cases.

4. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage caused to us in this respect, including any additional expenses. We reserve the right to make further claims. Insofar as the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when he is in default of acceptance or debtor.

5. In the event of a delay in delivery caused by us not intentionally or through gross negligence, we shall be liable for each completed week of delay within the scope of a lump sum compensation for delay in the amount of 3% of the delivery value, but not exceeding 15% of the delivery value.

6. The packaging design of the ordered goods may change continuously, there is no claim to a particular packaging design.

7. Further legal claims and rights of the customer due to a delay in delivery remain unaffected.

§ 7 transfer of risk in case of shipment

If the goods are dispatched to the Purchaser at the request of the Purchaser, the risk of accidental loss or accidental deterioration of the goods shall pass to the Purchaser upon dispatch to the Purchaser, at the latest upon leaving the factory/storage. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.

§ 8 reservation of title

1. We retain title to the delivered item until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to take back the object of sale if the customer acts in breach of contract.

2. The purchaser is obliged to treat the purchased item with care as long as the ownership has not yet passed to him. In particular, he is obliged to insure them at his own expense against theft, fire and water damage sufficiently at their new value. If maintenance and inspection work has to be carried out, the customer shall carry out it at his own expense in good time. As long as the ownership has not yet passed, the purchaser must notify us immediately in writing if the delivered item is seized or subjected to other interventions by third parties. Insofar as the third party is unable to reimburse us for the court and extrajudicial costs of a lawsuit pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.

The purchaser is entitled to resell the reserved goods in the normal course of business. The customer assigns to us the receivables from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item has been resold without or after processing. The Purchaser remains authorized to collect the claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we will not collect the claim as long as the customer fulfils his payment obligations from the collected proceeds, is not in default of payment and in particular no application for the opening of insolvency proceedings or payment has been suspended.

§ 9 warranty and notice of defects as well as recourse/manufacturer recourse

1. Warranty rights of the purchaser presuppose that the purchaser has duly complied with the investigation and complaint obligations owed pursuant to § 377 HGB.

2. Claims for defects shall be time-barred 12 months after delivery of the goods delivered by us to our customer. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, body and health, which are based on a deliberate or negligent breach of duty by the user. Insofar as the law prescribes longer periods, these periods shall apply.

3. If, despite all due care and attention, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or supply replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction. The return of goods is generally excluded. In order to settle any defects that may have occurred, it is imperative that you contact us.

4. If the subsequent performance fails, the customer may – without prejudice to any claims for compensation – withdraw from the contract or reduce the remuneration.

5. Claims for defects do not exist in the event of only insignificant deviations from the agreed quality, in the event of only insignificant impairment of usability, in the event of natural wear or wear, as well as in the event of damage which, after the transfer of risk, is caused by faulty or negligent treatment, excessive strain, unsuitable equipment or due to special circumstances. outside influences which are not provided for in the Treaty. If repairs or modifications are carried out improperly by the customer or third parties, there shall also be no claim for defects for these and the resulting consequences.

6. Claims of the Purchaser for the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the goods delivered by us were subsequently transferred to a location other than the Purchaser’s branch, unless the transfer corresponds to their intended use.

Recourse claims of the purchaser against us exist only to the extent that the purchaser has not concluded any agreements with his purchaser that go beyond the legally binding claims for defects. Paragraph 6 shall also apply mutatis mutandis to the extent of the customer’s right of recourse against the supplier.

§ 10 miscellaneous

1. This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

2. Place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our place of business, unless otherwise stated in the order confirmation.

3. All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.

Translation of the German AGB by PONS