General Terms and Conditions of Sale – ETM.Tobacco

§ 1 Scope
  1. These General Terms and Conditions of Sale apply solely to entrepreneurs, legal entities under public law, or special funds under public law in accordance with Section 310(1) of the German Civil Code (BGB), regardless of their legal domicile. We shall only acknowledge conflicting or deviating terms from the customer if we have expressly agreed to them in writing.
  2. These Terms and Conditions also apply to all future transactions with the customer, provided they are legal transactions of a similar nature.
  3. Any individual agreements made with the buyer (including supplementary agreements, additions, and amendments) take precedence over these Terms. The content of such agreements must be confirmed in writing to be valid.

§ 2 Offer and Contract Conclusion

Offers made by customers are considered binding per § 145 BGB. We reserve the right to accept such offers within two weeks of receipt.

§ 3 Documents Provided

All documents provided in relation to an order, including electronic formats, remain our property and are protected by copyright. They may not be shared with third parties without our written consent. If the contract is not concluded, the documents must be returned promptly.

§ 4 Prices and Payment

  1. Prices apply ex works unless agreed otherwise and exclude packaging and applicable VAT. Additional packaging and handling costs will be invoiced separately.
  2. Transport costs organized by us will be billed separately.
  3. Payments must be made to the account specified in the invoice. Discounts are only valid with a written agreement.
  4. Unless otherwise agreed, payments are due within 15 days of delivery. Interest for late payment is 5% above the base interest rate.
  5. Price adjustments may be made due to changes in labor, material, or distribution costs for contracts delivered after three months.

§ 5 Right of Retention

Customers may only exercise a right of retention if it relates to the same contractual relationship.

§ 6 Delivery Time

  1. Delivery times assume the customer has met all contractual obligations.
  2. If the customer is in default of acceptance or fails to cooperate, they bear any resulting damages, and risk passes to them.
  3. In case of delay not caused by gross negligence, we are liable for delay compensation of up to 3% of delivery value per week, max 15% total.
  4. Legal rights related to delivery delay remain unaffected.

§ 7 Retention of Title

  1. Delivered goods remain our property until full payment is received.
  2. The customer must maintain the goods and insure them appropriately until ownership passes. If seized or otherwise affected, we must be notified immediately.
  3. Customers may resell goods in normal operations. Claims against third parties from resale are assigned to us up to the full invoice value.
  4. Processing or transformation of goods is done on our behalf. We may claim co-ownership of new items in proportion to the original goods.
  5. Securities exceeding our claim value by more than 20% will be released upon request.

§ 8 Warranty and Notification of Defects

  1. Warranty claims require prompt inspection and notification of defects under § 377 HGB.

  2. Warranty expires 12 months from delivery unless otherwise legally required.
  3. If a defect exists, we will either repair or replace the item. Return requires prior approval.
  4. If remedy fails, the buyer may reduce payment or withdraw from contract.
  5. No defect claims exist for minor deviations or improper handling after transfer of risk.
  6. Additional costs due to relocation of goods are not covered unless per contract.
  7. Recourse claims are limited to mandatory statutory provisions.
§ 9 Final Provisions
  1. German law applies; the UN Sales Convention (CISG) is excluded.
  2. The place of performance and jurisdiction is our registered business location unless specified otherwise.
  3. All contractual agreements are contained in this document and must be made in writing.