Terms & conditions
Terms and conditions
- Validity
For all services by Bohnkaf-Kolonial GmbH & Co. KG to entrepreneurs, the general terms and conditions of Bohnkaf-Kolonial GmbH & Co. KG apply exclusively, unless otherwise verbal or written agreements have been made. Deviating agreements apply exclusively to the respective contract and not to follow-up / additional orders or other contracts. The applicability of the general terms and conditions of the buyer is expressly rejected. There is no need for a particular contradiction.
- Commercial confirmation letters
Confirmation letters from Bohnkaf-Kolonial GmbH & Co. KG, insofar as they differ in content from the agreements, must be contradicted in writing and in detail within a period of five working days after receipt, stating the points complained about. If this is not done, the content of the commercial letter of confirmation is binding.
- Prices
3.1. All prices are net in store (excl. applicable VAT).
3.2. Packaging, transport, customs clearance, insurance or other ancillary costs must be borne by the buyer, unless otherwise expressly agreed in writing.
3.3. All prices apply only to the respective contract and not to follow-up / additional contracts, unless something else has been expressly agreed in writing.
- Payment
4.1. Invoices from Bohnkaf-Kolonial GmbH & Co. KG are to be paid immediately upon receipt, net without deduction, unless otherwise expressly agreed in writing.
4.2. Bohnkaf-Kolonial GmbH & Co. KG is entitled, even if the buyer has stipulations to the contrary, to initially offset payments against his older debt. If costs and interest have arisen, Bohnkaf-Kolonial GmbH & Co. KG is entitled to offset the payments first against the costs, then against the interest and finally against the main claim.
4.3. If the Buyer is in default of payment, Bohnkaf-Kolonial GmbH & Co. KG shall be entitled to charge default interest in the amount of 10 percentage points above the respective base interest rate. The assertion of further damages remains unaffected.
4.4. If the buyer does not meet his payment obligations or if Bohnkaf-Kolonial GmbH & Co. KG becomes aware of circumstances which call the buyer's creditworthiness into question, Bohnkaf-Kolonial GmbH & Co. KG is entitled to make the entire remaining debt due. In this case, Bohnkaf-Kolonial GmbH & Co. KG is also entitled to demand advance payments or security deposits for outstanding services in accordance with Section 232 of the German Civil Code (BGB).
4.5. In the event of default in payment by the buyer, Bohnkaf-Kolonial GmbH & Co. KG is entitled to charge a flat rate of € 10.00 for the first reminder and € 15.00 for the second reminder.
5. Delivery times
Delivery times are non-binding unless they have been expressly agreed in writing to be binding.
- Reservation subject to own supply
Bohnkaf-Kolonial GmbH & Co. KG reserves the right to correct and / or timely self-supply. If no correct and / or timely delivery is made, Bohnkaf-Kolonial GmbH & Co. KG is entitled to withdraw from the contract. Incorrect and / or timely delivery to Bohnkaf-Kolonial GmbH & Co. KG leads - regardless of sentence 2 - to an extension of the delivery period according to the duration of the delivery hindrance. Bohnkaf-Kolonial GmbH & Co. KG can also invoke the reservation of self-supply if no congruent covering purchase has been concluded at the time the contract is concluded, but within two weeks of the conclusion of the contract. Insofar as Bohnkaf-Kolonial GmbH & Co. KG can invoke the reservation of self-delivery, the buyer cannot assert any claims against Bohnkaf-Kolonial GmbH & Co. KG, unless the non-performance or late performance is due to gross negligence or intent on the part of Bohnkaf -Kolonial GmbH & Co. KG.
- Force majeure
In the event of force majeure and / or unusual hindrances, in particular due to operational / traffic disruptions, strikes, interventions by high authorities, import and export bans, shortage of raw materials, unfavorable weather conditions, insufficient transport capacities, as well as inability of Bohnkaf-Kolonial GmbH & Co. KG through no fault of their own or one of their suppliers, the delivery period is extended accordingly by the duration of the hindrance. If, as a result of the aforementioned circumstances, Bohnkaf-Kolonial GmbH & Co. KG is no longer able to meet its performance obligations, it is entitled to withdraw from the contract. Claims for compensation of all kinds are excluded in the cases of sentence 1 against Bohnkaf-Kolonial GmbH & Co. KG.
- Partial deliveries
Bohnkaf-Kolonial GmbH & Co. KG is entitled to make partial deliveries.
- Dispatch
9.1. Die Transportgefahr trägt der Käufer. Die Gefahr geht auf den Käufer über, sobald die Sendung an das den Transport ausführenden Unternehmen übergeben worden ist es sei denn, es ist etwas anderes ausdrücklich schriftlich vereinbart worden.
9.2. Shipment shall be carriage forward unless otherwise expressly agreed in writing.
9.3. Without express written instructions from the buyer, Bohnkaf-Kolonial GmbH & Co. KG is not obliged to insure the goods for transport.
9.4 Insofar as the buyer does not issue any instructions regarding the type of packaging/transportation, Bohnkaf-Kolonial GmbH & Co. KG may determine the type of packaging and transport at its reasonable discretion.
9.5 If the buyer gives the carrier a receipt for the receipt of the consignment, this shall also apply in the relationship between the buyer and Bohnkaf-Kolonial GmbH & Co. KG.
- Retention of title
10.1. Until all claims have been met to which Bohnkaf-Kolonial GmbH & Co. KG is entitled against the buyer for any legal reason now or in the future, Bohnkaf-Kolonial GmbH & Co. KG shall be granted the following securities, which it will release upon request of its choice, provided that their value sustainably exceeds the claim by more than 15%.
10.2. The goods remain the property of Bohnkaf-Kolonial GmbH & Co. KG until all claims by Bohnkaf-Kolonial GmbH & Co. KG against the buyer have been settled.
10.3. The buyer is entitled to process and / or sell the reserved goods in the ordinary course of business, as long as he is not in default of payment. The buyer hereby assigns to Bohnkaf-Kolonial GmbH & Co. KG the full amount of claims arising from the resale or any other legal reason with regard to the reserved goods. However, Bohnkaf-Kolonial GmbH & Co. KG revocably authorizes the buyer to collect the claims assigned to Bohnkaf-Kolonial GmbH & Co. KG for his account in his own name. At the request of Bohnkaf-Kolonial GmbH & Co. KG, the buyer will disclose the assignment and provide Bohnkaf-Kolonial GmbH & Co. KG with the necessary information and documents. In the event of default in payment, Bohnkaf-Kolonial GmbH & Co. KG is entitled to disclose the assignment to third-party debtors.
10.4. In the event of breach of contract by the buyer - in particular default of payment - Bohnkaf-Kolonial GmbH & Co. KG is entitled to take back the goods subject to retention of title at the buyer's expense and / or to demand the assignment of the buyer's claims for surrender against third parties.
- Quality requirements, condition, differences in dimensions, quantities and weights
11.1. Product descriptions do not constitute guaranteed characteristics or guaranteed quality features. No specific quality guarantee is assumed unless this has been expressly confirmed in writing.
11.2. Deviations in color, quality or weight as well as other defects in quality do not count as defects insofar as they are within the usual limits or are technically unavoidable.
11.3. Differences in dimensions, quantities and weights of +/- 5% shall be deemed to be accepted by Buyer, unless any differences in dimensions, quantities and weights have been expressly excluded in writing.
- Return delivery
12.1. In the case of returns by the buyer, the buyer is obliged to obtain instructions from Bohnkaf-Kolonial GmbH & Co. KG regarding the type of packaging and transport as well as the place of receipt.
12.2. In the case of returns, the buyer is liable for transport, insurance and customs clearance costs as well as proper packaging including proper return transport, unless otherwise required by law.
- Reklamation
13.1. Recognizable defects are to be reported to Bohnkaf-Kolonial GmbH & Co. KG within 48 hours of receipt of the goods and unrecognizable defects within 48 hours of discovery of the defects - in advance by telephone - in writing by email / fax. For the timeliness of the complaint, it depends on the dispatch of the complaint.
13.2. In the event of a notification of defects, the buyer is obliged to obtain instructions from Bohnkaf-Kolonial GmbH & Co. KG before handling the goods and to give the opportunity to have the necessary findings made by an expert. If the buyer's notifications of defects turn out to be unjustified, the buyer has to bear the costs of the expert. If the buyer does not give Bohnkaf-Kolonial GmbH & Co. KG the opportunity to have the goods examined by an expert before treatment, the buyer has no warranty claims, unless otherwise mandatory by law.
13.3. If the buyer has not given notice in due time and properly, the goods are deemed to have been approved.
13.4. The buyer is obliged to examine the goods upon receipt for recognizable and unrecognizable defects. This also applies to drop shipments. In this respect, the buyer has to instruct his customer to carry out the corresponding investigations so that the buyer can fulfill his obligations according to 13.1 and 13.2 as well as 13.3. If the buyer fails to do so, the goods are deemed to have been approved.
- Warranty and liability
14.1. In the case of justified complaints, Bohnkaf-Kolonial GmbH & Co. KG can choose to repair defective goods or to deliver a replacement. If rework is not possible or disproportionate, or if Bohnkaf-Kolonial GmbH & Co. KG is unable to provide a replacement, 14.3 applies.
14.2. The buyer must set Bohnkaf-Kolonial GmbH & Co. KG a period to be determined at its own discretion, but at least 21 working days, to remedy the defect. The buyer is obliged to give Bohnkaf-Kolonial GmbH & Co. KG the opportunity to inspect the goods before the expiry of the remedial period, or to give Bohnkaf-Kolonial GmbH & Co. KG samples of the defective goods upon request. If the buyer violates the aforementioned obligations, there is no entitlement to remedy of defects or any other warranty, unless otherwise stipulated by law.
14.3. If Bohnkaf-Kolonial GmbH & Co. KG fearlessly allows a reasonable grace period set for it to elapse without remedying the defect or supplying a replacement, or if the remedy or replacement delivery is impossible or defective on its part or is unjustifiably refused by Bohnkaf-Kolonial GmbH & Co. KG, the buyer shall be entitled to choose between withdrawal from the contract or reduction of the purchase price. Otherwise, claims for damages due to defects in the purchased item are excluded unless Bohnkaf-Kolonial GmbH & Co. KG or one of its vicarious agents have caused and/or concealed the defect intentionally or through gross negligence, or a warranted characteristic is missing.
14.4. Claims for damages by the buyer arising from culpa in contrahendo, breach of ancillary contractual obligations and/or tortious acts on the part of Bohnkaf-Kolonial GmbH & Co. KG or one of its vicarious agents shall be excluded unless they are based on intent or gross negligence. In the event of injury to health, bodily injury or injury to a person's life, body or health, 14.4 sentence 1 shall not apply. In this respect, the statutory provision shall apply.
14.5. In all cases, the liability of Bohnkaf-Kolonial GmbH & Co. KG for consequential damages is limited to 5 times the value of the goods, unless the consequential damages are based on intentional or grossly negligent conduct on the part of Bohnkaf-Kolonial GmbH & Co. KG and the law does not mandatorily provide otherwise.
14.6. All claims of the buyer against Bohnkaf-Kolonial GmbH & Co. KG shall become statute-barred 12 months after delivery of the goods, unless the law provides for a shorter or compellingly different limitation period.
- Set-off and retention rights
The buyer is not entitled to assert offsetting or retention rights against claims of Bohnkaf-Kolonial GmbH & Co. KG. This does not apply if the counterclaims have been legally established or are recognized by Bohnkaf-Kolonial GmbH &
- Non-assignment clause
The buyer is not entitled to assign claims against Bohnkaf-Kolonial GmbH & Co. KG to third parties.
- Place of performance
The place of performance for all obligations is Kiel / Federal Republic of Germany, as far as legally permissible.
- Place of jurisdiction
The place of jurisdiction for all disputes is London, to the extent permitted by law. However, Bohnkaf-Kolonial GmbH & Co. KG is free to sue the buyer at his seat as well.
- Applicable Law
The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN Uniform Sales Act and the UN Uniform Sales Act.
- Declaration of consent privacy policy
20.1. The Buyer agrees to the collection, storage, processing and transmission of personal data for the purpose of establishing business relations, for the preparation of offers, contracts and for the processing of concluded transactions by Bohnkaf-Kolonial GmbH & Co. KG.
20.2. The buyer can revoke his consent to Bohnkaf-Kolonial GmbH & Co. KG at any time. A revocation does not affect the legality of the use made on the basis of the consent up to the revocation according to sent.1.
20.3. In the event of revocation, Bohnkaf-Kolonial GmbH & Co. KG may not be able to continue the business relations and is therefore entitled to terminate the business relations, their processing and settlement in this case immediately.
20.4. If the Buyer wishes to revoke the consent, he may do so by contacting Bohnkaf-Kolonial GmbH & Co. KG at the following address: Bohnkaf-Kolonial GmbH & Co. KG, Veit-Stoss-Ring 65, 24539 Neumünster, e-mail: sales@bohnkaf.de.
- Other
21.1. Changes or additions to the contract must be made in writing. This written form requirement can only be waived by express individual agreement.
21.2. Should individual provisions of the contract or these general terms and conditions be or become wholly or partially ineffective, this does not affect the effectiveness of the remaining agreements. In this case, the parties are obliged to agree on a regulation that comes closest to the economic purpose of the ineffective regulation and is effective. If such a regulation does not come about between the parties, the competent court decides on this at the request of one of the parties in accordance with §§ 317, 319 BGB.
Last update of the terms and conditions: September 2021
