Gebrüder Neeb GmbH & Co. KG

Terms & Conditions of Sale and Delivery (TCSD)

§1. Validity

These TCSD for Gebrüder Neeb GmbH & Co. KG (hereinafter Gebrüder Neeb) shall apply exclusively to all commercial dealings with our customers (hereinafter the Buyer). Any differing, opposing and/or supplementary GTC or Conditions of Sale provided by the Buyer shall only be part of the contract if Gebrüder Neeb has expressly agreed to their inclusion in writing. A verbal or written order or acceptance of delivery shall also be deemed as recognition of our TCSD. These Terms & Conditions of Sale and Delivery shall apply to all future dealings between the parties to the contract.

 

§2. Acceptance

Our offers are always subject to modification. The prices shown are net, to which must be added VAT at the statutory rate. Orders are deemed accepted once we confirm them in writing or complete the assignment.

 

§3. Packaging / Shipping / Delivery

The prices shown are in euros, packaging included. Goods shall be delivered freight free on pre-packaged articles within the Federal Republic of Germany provided the order value exceeds €300.00 (plus VAT). For orders of below €300.00, we charge postage costs of €6.50 plus VAT. For orders under €100, we charge an additional flat-rate packaging fee of €10.00. If the Buyer fails to take delivery of the goods, or the delivery is delayed for other reasons attributable to the purchaser, Gebrüder Neeb is entitled to compensation for the resulting damage, including additional expenses (e.g. storage costs).

 

§4. Delivery times and prices

The prices shown do not include VAT at the currently applicable statutory rate. Payment period is 10 days net cash. Discontinuation of delivery to Gebrüder Neeb on the part of suppliers of raw materials, force majeure, labour disruption, official interventions, transport difficulties or operational interruptions shall discharge us from any obligations related to agreed delivery dates and prices. The Buyer may cancel the order if we cannot meet a reasonable period of grace for delivery.

 

§5. Deliveries

Unless otherwise agreed, the choice of packaging, shipping and shipping route shall be at our discretion. Industry-standard variances in quantity are allowed. Return of goods for whatever reason shall only be permitted with our written consent.

The risk shall be transferred when the goods have left our loading dock, irrespective of whether delivery is to be made by our own vehicles, by a haulier of our choice or by means of parcel services.

 

§6. Warranty

The Buyer must carry out a reasonable inspection of the goods immediately upon delivery. The Buyer must notify us in writing of any defects within 5 working days following reception of the goods or immediately following availability of the results of the inspections as stipulated in the order. If the Buyer fails to make the proper inspection and/or defect notifications, any liability on the part of Gebrüder Neeb for an unnotified fault is excluded.

Our product shall be deemed free of material defects if it conforms to the agreed specification upon the transfer of risk. Should no specifications have been agreed with the Buyer, the product shall be deemed free of the material defects usual for goods of the same type that the Buyer can correspondingly expect. Our samples do not represent any form of guarantee but simply the general nature of the products that we market; these are natural products that may vary in respect of quality and taste.

If damage has not been caused by ourselves intentionally or through gross negligence, we shall be liable only to the extent of our business and product liability insurance.

§7. Extended retention of title

All deliveries shall remain our property until full payment is made (with cheques until they have been cashed). Retention of title extends to products resulting from any processing, mixing or combining of our goods. The Buyer is entitled to dispose of the goods received in the ordinary course of business. When reselling goods, any claims arising from the resale of the goods shall pass to us as they arise and our customers shall assign any claims against their buyers to us. Transfers of ownership and pledges relating to goods supplied by us or consequential demands arising from them before full payment is made are prohibited by law. The Buyer is obliged to inform us immediately of any third-party access to the goods by seizure or by other means. All deliveries shall be regarded as a single legal transaction. All our claims shall therefore extend to all existing goods or amounts outstanding, irrespective of the delivery to which they belong. Non-compliance with the agreed payment terms or unfavourable information subsequently received shall entitle us to demand collateral or pre-payment or, where delivery has already been made, immediate payment in cash, and to withdraw without notice from any sales carried out with the Buyer. Any rights due to us as a result of the completion of the purchase are not affected.

 

§8. Place of performance/jurisdiction

As agreed under § 38 ZPO (German Code of Civil Procedure), the Munich district court shall be the place of jurisdiction for all disputes arising from supply contracts. Any claims arising from defects in goods or title shall expire within 12 months following the transfer of risk. Gebrüder Neeb will not assume any guarantees regarding the quality or shelf-life of the goods

 

§9. Miscellaneous

The Buyer is only entitled to compensation insofar as its counterclaims are undisputed or legally established. The Buyer shall have no right in lien in respect of earlier or other transactions. The non-payment of due invoices or other circumstances that, following conclusion of the contract, indicate a significant deterioration in the Buyer’s financial circumstances shall entitle us to demand immediate settlement of all our claims. Our contracts are subject to the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

 

Should any individual provisions of the agreement between ourselves and the Buyer be or become invalid or contestable, this shall not affect the remaining provisions. Should any provision of these Terms & Conditions of Sale and Delivery be or become invalid or contestable, the remaining provisions are to be construed in consideration of the economic purpose that was the aim of the invalid or contestable provision.

General Terms and Conditions (GTC)

 

Gebrüder Neeb GmbH & Co. KG

Nebona Gewürze – Online Shop for Customers (§ 13 BGB or German Civil Code)

 

Lochhamer Schlag 13
82166 Gräfelfing

Managing director: Ludwig Lederer

Telefon: +49 (0) 89 / 89 81 33 – 0
Telefax: +49 (0) 89 / 89 81 33 – 11
Email: shop@nebona-gewuerze.de

1. General

All our offers, deliveries and other services are provided solely on the basis of our General Terms and Conditions – “Nebona Gewürze – Online Shop for Customers (§ 13 BGB or German Civil Code)”. Any differing or supplementary agreements are only valid if they are confirmed by us in writing or by email.

 

2. Contract conclusion

A contract between Gebrüder Neeb GmbH & Co. KG and the customer comes into force on the one hand upon the customer’s order and on the other hand upon confirmation from the Nebona Online Shop. Our offers are subject to change in respect of prices, products, quantities, delivery dates and other additional services.

 

3. Prices

The prices on the product pages include statutory VAT at either 7% or 19% and exclude additional shipping costs.

 

4.Shipping costs

In addition to the price, there are also shipping costs subject to the value of the order and the delivery address (see http://www.nebona.de/lieferung/)

 

5. Delivery

Unless stated otherwise in the offer, delivery within Germany is approx 2-3 days after receipt of payment. In other countries delivery can only be guaranteed within 14 days of receipt of payment. In this respect, Buyers cannot claim for delivery of an article that is marked in the shop as “not available” or “temporarily unavailable”.

If delivery of the goods fails after three unsuccessful attempts, we may withdraw from the contract. Payments already made will be refunded immediately, less the costs incurred for unsuccessful delivery attempts.

 

6. Terms of payment

Payment shall be via any of the selected payment method. Options available are pre-payment, purchase on account, direct debit, payment via PayPal, payment by SOFORT online bank transfer, payment by credit card (Visa and MasterCard). We reserve the right not to offer all of these payment methods for every order transaction.

 

7. Notice of cancellation

Customers may, without having to state a reason, cancel their contract declaration within two weeks either in text form (letter, fax, email) or by returning the goods within the stated period. The period begins with receipt of the notice in text form, however not before the arrival of the goods at the recipient’s premises (when there are recurring payments for similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our duty to supply information according to § 312c para. 2 BGB (or German Civil Code) in connection with § 1 para. 1.2 and 4 BGB-InfoV (German Civil Code Information Regulations). In order to abide by the deadline, it will be sufficient to supply proof of a timely despatch of the cancellation or of the goods.

 

Gebrüder Neeb GmbH & Co. KG
Online Shop
Lochhamer Schlag 13
82166 Gräfelfing, Germany

Telefax: +49 (0) 89 / 89 81 33 – 11
Email: shop@nebona-gewuerze.de

 

The right to cancel is excluded if the order has been placed within the framework of a commercial or independent, business capacity.

8. Defective goods

Obvious defects (e.g. transport damage) are to be reported in writing immediately, but not later than within 14 days after delivery of the goods, to Gebrüder Neeb GmbH & Co. KG “Online Shop”, Postfach 1409, D 82156 Gräfelfing, Germany.

 

9. Data protection

We can assure our customers that any person-related data is collected and stored confidentially in compliance with the currently applicable regulations.

This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of users use this website. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, Google will first shorten your IP address within EU member states or in other states that are signatories to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google will use this information on behalf of the operator of this website for the purpose of evaluating how you use the website, compiling reports on website activities and providing further services related to website and internet usage to the website operator. The IP address transferred by your browser within the scope of Google Analytics will not be associated with any other data held by Google. You can prevent the storage of cookies by selecting the appropriate setting on your browser software. However, we would like to point out that if you do so, you may not be able to use the full functionality of this website.  You can also prevent Google from collecting and processing the data generated by the cookie about your use of the website (including your IP address) by downloading and installing the browser plug-in available at the following link:  https://tools.google.com/dlpage/gaoptout?hl=en. 

If you have any questions related to our privacy policy you can contact us at the following address:

Gebrüder Neeb GmbH & Co. KG
Lochhamer Schlag 13
82166 Gräfelfing, Germany

Tel.: 089 / 89 81 33 – 0
Fax: 089 / 89 81 33 – 11
Email: shop@nebona-gewuerze.de

 

10. Applicable law

The General Terms and Conditions are subject exclusively to the law of the country in which the company’s headquarters is based. The United Nations Convention on Contracts for the International Sale of Goods does not apply here.

German law applies. Place of fulfilment for delivery and payment and the only place of jurisdiction is Munich.

 

11. Extent of liability and restriction on liability

Claims against us for damages of any kind exist only unless they are based on intent or gross negligence. Any liability for consequential damages is excluded.

 

12. Disclaimer

We have compiled this website and the descriptions and prices shown therein with great care. Nevertheless, we cannot accept liability for any printing errors, technical changes to the goods or for the continued ability to supply of all goods.

 

13. Validity

In place of any invalid or unenforceable provision, a provision shall be invoked whose effect is as close as possible to the commercial objective of the ineffective provision. The above provisions shall apply in the event that the General Terms and Conditions turn out to be deficient.

Consequences of withdrawal

 

In the event of a valid cancellation, any payments received by either party are to be refunded and any accrued benefits (e.g. interest) returned. If you are unable to refund the received benefit to us totally or in part or only in a deteriorated condition, you must, if applicable, pay damages. When goods are surrendered, the above does not apply, if the deterioration of the product is attributable exclusively to inspection – in a way which would have been feasible for the customer in a shop. Moreover, you can avoid the obligation to pay compensation for any deterioration arising from the proper use of the goods, by not using the goods as if you owned them and refrain from doing anything which reduces their value. You must return or handover the goods immediately and in any event not later than 14 days from the date on which you inform us of any cancellation of the contract. The deadline is met if you send the goods before expiry of the 14-day period.

 

We will bear the cost of returning the goods.

 

Any undertaking to refund payments must be met within 30 days. The period begins for you when you send your cancellation statement or the goods, for us with their receipt.

 

End of cancellation

Date: February 2016