General Terms and Conditions (GTC-B2B)
General Terms and Conditions (GTC-B2B)
(Valid from 01.01.2017)
The trademarks PETROMAX and FEUERHAND have an exemplary reputation with more than 100,000 satisfied customers. As a corporate philosophy, PETROMAX GmbH attaches great importance to conveying consistently to the consumer – offline as well as online – its brand reputation and the quality of the products distributed under the trademarks PETROMAX and FEUERHAND. PETROMAX GmbH places great importance into offering qualified advice to the consumer. A specialized retailer network enhances the quality of the products. Selling the products via Internet platforms is therefore not compatible with the corporate philosophy of PETROMAX GmbH.
1. Scope of application
The following conditions for sale and delivery (Terms and conditions GTC-B2B) shall apply to all offers, orders, conclusions of contracts, agreements, deliveries, services and any other legal relationship between PETROMAX GmbH and the business partner, hereinafter referred to as “customer”, insofar as the customer is a business person according to sections 14 and 310 (1) of the German Civil Code (Bürgerliches Gesetzbuch – BGB).
The applicable version of the GTC-B2B is the one existing at the time of the conclusion of the contract.
PETROMAX GmbH does not accept conditions of the customer opposing or differing from these terms and conditions, even if they are not expressly rejected.
2. Conclusion of a contract
All PETROMAX GmbH offers are subject to change and non-binding and merely represent an invitation for the customer to submit a corresponding offer. The submission of an order by the customer, whether in writing, online in the B2B shop, by e-mail, by fax or by letter post, constitutes a binding offer of contract by the customer. PETROMAX GmbH is entitled to accept this offer of contract within two weeks upon receival. PETROMAX GmbH accepts the offer of contract by sending a confirmation of order in writing or by e-mail.
3. Minimum order value
The minimum order value for a first-time order by a new customer is 200€ net. This minimum order value is not required for subsequent orders. The smallest possible purchase quantity per article is one packing unit (PU). The prevailing packing unit is provided in the price list of PETROMAX GmbH. In principle, there will be no deviations from the PU. Orders that do not meet these requirements will be adapted accordingly by PETROMAX GmbH.
An administration fee of 5€ will be charged if the total of your order amounts to less than 50€.
4. Shipping and packaging costs
In principle, packages with a total weight of up to approximately 30 kilograms are sent via the logistics service provider of PETROMAX GmbH. A delivery can consist of several packages. All packages are sent with insurance and can be tracked with the relevant tracking number.
Packaging and shipping costs for a delivery within Germany amount to 7€ net per package. Orders which amount to more than 750€ net will be delivered free of charge.
The most economically advantageous shipping option depending on weight or volume will be charged for deliveries abroad. There will be no free of charge delivery, unless specifically agreed otherwise.
5. Prices, Payment
The prices valid at the time of the confirmation of order shall apply, plus the applicable statutory value-added tax. Value-added tax is indicated on invoices separately. German Fiscal regulations on value-added tax shall apply for deliveries abroad.
In principle, all PETROMAX GmbH prices are ex works / ex stock in Magdeburg, freight collect. Costs for transport, postage, packaging, insurance, customs duty, documents or any other additional expenses will be charged separately.
Unless agreed otherwise, the invoice amount is due for payment within 21 days strictly net. Payments shall be made on the following account via bank transfer and stating the invoice number:
Account holder: PETROMAX GmbH
Bank: Deutsche Bank Berlin
SWIFT code (BIC): DEUTDEDBBER
IBAN: DE97 100 700 24 0948 3959 02
For deliveries of first-time orders by new customers, payment must always be made in advance; there will be no credit check.
PETROMAX GmbH is entitled to issue partial invoices in case of legitimate partial deliveries.
6. Delivery period, withdrawal, passing of risk
In principle, the shipment date is indicated in the confirmation of order. This date refers to the time of transfer of goods to the haulage contractor, carrier or any other person or companies responsible for the transport. The respect of the period and time of delivery is subject to timely readiness for shipment.
PETROMAX GmbH is entitled to ship orders in partial deliveries, to the extent reasonable for the customer. Each partial delivery shall be regarded as an independent transaction.
In cases of force majeure and any other disruptive event which could not be foreseen at the time of the conclusion of the contract (e.g. operational disruptions of any kind, difficulties in obtaining materials or energy, transport delays, strikes, lockouts, shortages of manpower, energy or raw materials, official regulations), for which PETROMAX GmbH is not responsible and that make the delivery or service considerably more difficult or impossible, PETROMAX GmbH is entitled to withdraw from the contract, provided that the duration of the hindrance cannot be foreseen. For temporary hindrances, the period of delivery and time of performance will be extended or postponed by the duration of the hindrance and a reasonable start-up period. PETROMAX GmbH shall inform the customer without delay. This also applies when PETROMAX GmbH itself does not receive the deliveries from its suppliers, not correctly or not in due time. If the customer cannot reasonably be expected to accept the delivery or the service as a result of the delay, the customer can withdraw from the contract by sending an immediate written notification to PETROMAX GmbH, provided that this is done prior to the shipment of the goods. In these cases, claims for damages are excluded.
The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest when the goods intended for delivery are transferred to the haulage contractor, the carrier or any other person or company in charge of the shipment. This also applies in the case of partial deliveries. If shipment or handover is delayed due to circumstances for which the customer is responsible, the risk passes to the customer from the day the goods are ready for shipment.
Returns of defect-free, resalable goods, e.g. consignment goods, shall only be accepted after prior agreement. Returns shall only be accepted if properly packed in complete packaging units and in the original packaging. Shipment in the sales packaging shall not be accepted. The sales packaging is the packaging that contains the product directly and usually has the product information. This sales packaging must be protected with a covering box and accompanied by a packing note. Costs for the return shall be borne by the customer. For restocking these goods, PETROMAX GmbH shall charge a fee of 10% of the net value of the goods that are actually returned. Returns that do not comply with these requirements shall not be accepted.
7. Notices of defect, warranty for defects, returns
In accordance with section 377 of the German Commercial Code (Handelsgesetzbuch – HGB), the customer is required to carefully check that the delivered goods are complete and intact immediately upon receipt. Obvious defects must be reported to PETROMAX GmbH in writing within 5 working days after receipt of the goods. Non-obvious defects must be reported within 10 days after detection, but always within the limitation period. Any non-compliance with these requirements shall exclude contractual claims against PETROMAX GmbH. Minor, customary deviations in the delivered goods, such as e.g. colour, size, weight and design, are no grounds for complaint. Measures and weights that are indicated in offers, catalogues and price lists are approximate.
Warranty claims by the customer are subject to a limitation period of 12 month after delivery of the goods, unless PETROMAX GmbH has fraudulently concealed the defect.
The provisions on the limitation period of section 479 German Civil Code (Bürgerliches Gesetzbuch – BGB) shall remain unaffected hereby. Claims for damages by the customer for reasons other than defects in the goods are subject to statutory limitation periods. In case of a legitimate notice of defect within the stipulated period, PETROMAX GmbH shall decide on the type of rectification, which shall be free of charge for the customer. Petromax GmbH can choose either to repair the goods or to deliver a replacement. The customer shall allow a reasonable period of time for the rectification. If the rectification has failed, if PETROMAX GmbH is not prepared or able to perform the rectification or if the rectification is unreasonably delayed, the customer can choose to either reduce the purchase price, withdraw from the contract or claim damages due to the defect in accordance with the restrictions stated in these general terms and conditions. The right of the customer to make further claims for damages as stipulated in these general terms and conditions shall remain unaffected hereby.
Upon request of PETROMAX GmbH, the rejected goods shall be returned to PETROMAX GmbH either in the original packaging or equivalent packaging for verification. Shipment in the sales packaging without further protection shall not be accepted. The goods can be either picked up by the logistics service provider on the initiative of PETROMAX GmbH or returned at the customer’s expense. In case of a legitimate notice of defect within the stipulated period, PETROMAX GmbH shall reimburse shipping costs. The rejected goods shall be returned with the defect clearly marked and indicating information necessary for the processing of the claim such as the delivery note number and the customer reference number.
Claims for defects that are caused by improper use and/or storage of the rejected item are excluded.
PETROMAX GmbH shall not accept non-prepaid return shipments!
Returns of defect-free, resalable goods, e.g. consignment goods, shall only be accepted if they reach PETROMAX GmbH properly packed in complete packing units and in the original packaging. Shipment in the sales packaging without additional protection shall not be accepted. Costs for the return shall be borne by the customer. A fee of 10% of the net value of the goods that are actually returned shall be charged for restocking of these goods.
8. Reservation of proprietary rights
The delivered goods shall remain the property of PETROMAX GmbH until fulfilment of all obligations resulting from the existing business relationship. The customer is entitled to use the goods intended for sale in the normal course of business. The customer shall not pawn, nor collateralize the goods that are delivered under reservation of proprietary rights. In case of seizure, confiscation or any other right of disposal of the goods by third parties, the customer must inform PETROMAX GmbH of this by fax or e-mail without delay.
Claims for damages against PETROMAX GmbH or its performing or vicarious agents are excluded, unless such damages can be proven to be the result of deliberate acts or gross negligence. In case of injury to life, body or health, for guaranteed features and in case of liability in accordance with the German Product Liability Act (Produkthaftungsgesetz), PETROMAX GmbH shall be liable in accordance with legal requirements. In all other cases, liability is excluded.
10. Data protection
Data will be processed in accordance with the applicable German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) and the German Telecommunication Media Act (Telemediengesetz – TMG).
11. General provisions
Further delivery to the USA is excluded for all products that are delivered and/or produced by the company Petromax GmbH.
Petromax and the dragon logo are registered trademarks. The customer acknowledges that right. Claims for unlimited use of the trademarks by the client are excluded. The customer shall stop using these trademarks without delay, as soon as the business relationship with PETROMAX GmbH has ended and the customer has sold all goods delivered by PETROMAX GmbH.
The entire contractual relationship between PETROMAX GmbH and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention).
The place of jurisdiction is Magdeburg. In addition, PETROMAX GmbH reserves the right to lodge its claims with another competent court.
If one or several of the provisions of these terms and conditions are invalid in whole or in part, the validity of the remaining provisions shall not be affected.
If one or several provisions of these terms and conditions are invalid, the invalid provision shall be replaced by a valid provision, which comes as close as possible to the economic purpose of the invalid provision.
No part of this document may be reproduced in any form, nor processed, duplicated or distributed in any form using electronic systems, without written consent from PETROMAX GmbH.