Conditions of Sale

If you order goods from our catalogue, the following order conditions apply in addition to the Standard Conditions of Sale printed below. All previously published price lists, catalogues and conditions of sale become invalid with the publication of this catalogue.

1. D&B delivers goods
   - within Germany, as from a minimum order value of EUR 200,00 (net value of merchandise). For orders below EUR 200,00 we charge a processing fee of EUR 10,00;
   - within Germany carriage paid from a minimum order value of EUR 250,00 (net value of merchandise).
   - Exports are subject to a minimum order value of EUR 500,00 (merchandise value) "free German border / fob Hamburg".
   
   The minimum order value excludes articles from the "Special Offers"
   
   
2. The information in this catalogue is not binding
3. Note: there may be differences in colour between the photo and article.
   
4. The dimensions and weights indicated in the accessories section are approximate. They are not binding.
5. The tea and coffee prices are per kilogram, unless otherwise indicated. The prices are duty paid, ex warehouse Hamburg plus statutory VAT.
   
6. The prices for accessories and confiseries apply per item, unless otherwise indicated, ex warehouse Hamburg plus statutory VAT.
   
7. For made-to-order bags of tea, surplus/short deliveries of up to 10 % may occur. The Purchaser must accept such deliveries.
   
8. For first-time orders, deliveries will be made exclusively against pre-payment.
   

Standard Conditions of Sale

Section 1 General

1. The following standard conditions of sale apply to the entire business relationship with our customers (hereinafter referred to as "Purchaser"). We reject any terms and conditions of the Purchaser to the contrary or deviating from our Conditions of Sale, unless we have expressly consented to their validity in writing. Our Conditions of Sale will apply even if we execute the delivery to the Purchaser without reservation with knowledge of terms and conditions of the Purchaser to the contrary or deviating from our Conditions of Sale.
   
2. All agreements, which are made between the Purchaser and us for the purpose of executing this contract, are set down in writing in this contract.
   
3. Our Conditions of Sale are applicable only vis-à-vis entrepreneurs, public entities or public special funds within the meaning of Section 310 paragraph 1 of the German Civil Code (BGB).
4. Assignment of claims against us to third parties is excluded; Section 354 a of the German Commercial Code (HGB) remains unaffected.
   

Section 2 Offers, copyright

1. Our offers are not binding.
   
2. We expressly reserve our title to, copyrights and other industrial property rights in all illustrations, calculations, drawings, catalogues and all other documents. This applies irrespective of whether these are termed "confidential" or not.
   

Section 3 Minimum order value / processing fee / minimum purchasing quantity

1. D&B delivers goods
   - within Germany, as from a minimum order value of EUR 200,00 (net value of merchandise). For orders below EUR 200,00 we charge a processing fee of EUR 10,00;
   - A minimum order value of EUR 500,00 (merchandise value) applies to exports.
   
   The minimum order value excludes articles from the "Special Offers" (e.g. discontinued articles).
   
   
2. The minimum purchasing quantity of tea is one kilogramme (kg) per variety. The minimum purchasing quantity of coffee is one kg per variety.
   
3. Quantity discounts are given upon inquiry and only by prior agreement.
   

Section 4 Terms of Payment

1. Prices are ex warehouse and exclude VAT. VAT must be added at the statutory rate prevailing on the issue date of the invoice. FOB-prices do not include port charges and customs duties.
2. Invoices are due and payable immediately after delivery. Payment must be made within 30 days of receipt of the invoice at the latest, unless other terms of payment are expressly agreed in the contract. If the Purchaser exceeds this term of payment, default will occur at the end of 30 days after the due date and receipt of an invoice or an equivalent request for payment without any prior reminder being required. Espenses of reminding the Purchaser and collection expenses, with the exception of the expenses for the first reminder, as well as any further expenses incurred after the occurrence of default will be for the Purchaser´s account.
   
3. the Purchaser has a right of offset or of retention only with regard to admitted or uncontested claims or claims which have been recognised by a final and absolute court finding.
   

Section 5 Retention of title

1. Ownership of the goods delivered (reserved goods) shall remain with us until the price has been paid in full.
   
2. The property in the goods shall not pass to the Purchaser until complete payment of the purchase price.
   
3. The Purchaser shall be obliged to insure the goods at its own expense while they are still our property.

Section 6 Delivery and time of performance / reservation of proper and timely delivery by our suppliers / force majeure

1. Indicated delivery times are invariably subject to the Purchaser´s cooperation in accordance with the contract. If it emerges after the conclusion of the contract that the Purchaser does not sufficiently ensure his ability to pay and the claim for payment is put in danger, we shall be entitled to refuse to perform / deliver until the Purchaser has made the payment or has furnished security for the payment.
   
2. If we do not obtain supplies ourselves although we placed congruent orders with reliable suppliers at the time when the contract of sale was concluded, we shall be exempt from our obligation to preform the contract and may rescind the contract. In this case we shall inform the Purchaser without undue delay of the non-availability or untimely availability of the delivery item or of the outside supply. The Purchaser bears the burden of proving that we are responsible for any breach of duty in connection with procuring the delivery item.
   
3. In case of force majeure, strikes, lockouts or similar unforeseen events, which impede execution of a contract, we shall not be bound by the agreed delivery time for the duration of the impediment.
   
4. If the agreed delivery time cannot be adhered to by us or our supplier owing to circumstances beyond our control, the delivery time will be prolonged appropriately. We undertake to inform the Purchaser of any such case without delay. If the impeding circumstances still exist one month after the expiry of the agreed delivery period, each party may rescind the contract. More extensive claims for any exceeding of the delivery time for which we are not responsible are excluded.
5. We are entitled to effect part deliveries and part performances at any time to the extent that this can be reasonably expected of the Purchaser.
   

Section 7 Defects in quality

1. The Purchaser must give notice of any defects in the quality of the goods in writing without undue delay, within 3 days of the delivery at the latest. Defects in quality which cannot be detected by the Purchaser within this period even in carrying out a careful inspection must be notified in writing without undue delay after discovery, but before the expiration of the agreed or statutory limitation period at the latest. Notices of defects, which are given vis-à-vis commercial or transport agents or other third parties, are not formally correct notices of defects. The Purchaser will have claims based on defects only if he has properly performed his duties to carry out an inspection and give notice of defects without delay.
   
2. Otherwise, the statutory provisions govern the Purchaser´s warranty claims.

Section 8 Liability

1. In the event of infringement of a pre-contractual duty or in the event of an impediment to performance that already existed at the time when the contract was concluded our liability for damages will be limited to the negative interest.
   
2. We have unlimited liability under the statutory provisions for injury to life, the body and health which is based on a negligent or intentional breach of duty by us, by our legal representatives or our "Erfüllungsgehilfen" (persons employed in performing a contractual obligation for whom the principal is vicariously liable), and for damage for which we are liable under the German Product Liability Act (Produkthaftungsgesetz). We are liable under the statutory provisions for damages not comprised by sentence 1 which are based on intentional or grossly negligent breaches of contract and fraudulent intent by us, our legal representatives or our "Erfüllungsgehilfen". However, in this case liability for damages is limited to the foreseeable, typically occurring damages to the extent that we, our legal representatives or our "Erfüllungsgehilfen" have not acted with intent. We are liable within the scope of any quality guarantee given by us with regard to the goods or parts thereof. However, for damage, which is caused by the lack of a guaranteed quality, but is not caused to the goods direct we shall be liable only if the risk of such damage is obviously covered by the guarantee of quality.
   
3. We are also liable for damages caused by slight negligence to the extent that the negligence concerns the infringement of such contractual duties, which are particularly important to comply with to achieve the purpose of the contract ("cardinal duties"). However, we shall be liable only to the extent that the damage is typically connected with the contract and is foreseeable.
   

Section 9 Data protection

Pursuant to Section 28 of the Federal Data Protection Act (BDSG) we point out that the data required to conduct the business will be processed and stored electronically pursuant to Section 33 of the Federal Data Protection Act. Personal data will, of course, be treated confidentially and not forwarded to third parties.

Section 10 Place of performance, jurisdiction and governing law

1. The place of performance of our delivery obligation is Hamburg even if we undertake the shipment of the goods at the Purchaser´s request.
   
2. The courts of Hamburg have jurisdiction over all disputes arising between the Purchaser and us from the contracts of sale concluded between the Purchaser and us. However we are entitled to institute legal proceedings against the Purchaser at his place of residence and/or principal place of business as well.
   
3. The law of the Federal Republic of Germany even in the case of cross-border deliveries exclusively governs the relationship between the contracting parties.