LEGAL
Note: ILKADIM Europe GmbH addresses exclusively commercial buyers, wholesalers and distribution partners. Contracts with consumers within the meaning of § 13 of the German Civil Code (BGB) are not concluded. These Terms are a template and should be reviewed by a specialist commercial-law attorney before final use. The German-language AGB is the legally binding version.
(1) These General Terms and Conditions (T&C) apply to all business relationships between ILKADIM Europe GmbH (hereinafter "Provider") and its customers (hereinafter "Customer"). A Customer within the meaning of these T&C is an entrepreneur in accordance with § 14 BGB.
(2) Conflicting terms or terms that deviate from these T&C of the Customer will not be recognised unless the Provider expressly agrees to their validity in writing.
(1) Offers from the Provider are non-binding unless they are expressly marked as binding.
(2) By submitting an order (via email, online form, telephone or similar), the Customer makes a binding offer to conclude a contract. The Provider accepts the offer through written confirmation or by execution of the order.
(1) Unless otherwise stated, all prices are in euros (EUR) plus statutory VAT and excluding shipping, packaging, customs and insurance costs.
(2) Invoices are due within 14 days of the invoice date without deduction, unless otherwise agreed.
(3) In the event of late payment, the Provider is entitled to charge default interest at a rate of 9 percentage points above the base rate (§ 288 (2) BGB).
(1) Delivery takes place in accordance with the agreed Incoterms® 2020. Unless otherwise agreed, "EXW Krefeld" applies.
(2) Risk passes to the Customer upon handover to the carrier. This also applies to partial deliveries.
(3) Delivery dates are non-binding guideline values unless they have been expressly agreed as binding. Force majeure, strikes, official orders or other unforeseeable events entitle the Provider to postpone delivery for the duration of the impediment.
The delivered goods remain the property of the Provider until all claims arising from the business relationship have been paid in full. The Customer is entitled to resell the goods subject to retention of title in the ordinary course of business.
(1) Statutory provisions apply unless otherwise regulated below.
(2) The Customer must inspect the delivered goods immediately upon receipt and report obvious defects in writing within 7 business days, and hidden defects within 7 business days of discovery (§ 377 HGB).
(3) In the case of justified defect notifications, the Provider shall, at its option, perform supplementary performance by remedy of the defect or replacement delivery.
(1) The Provider is liable without limitation in the event of intent and gross negligence as well as under the Product Liability Act.
(2) In the case of slightly negligent breach of material contractual obligations ("cardinal obligations"), liability is limited to the foreseeable damage typical for the contract.
(3) Otherwise, the Provider's liability is excluded.
All trademark, copyright and other protective rights to the brands and products distributed by the Provider remain with the respective rights holder. The Customer does not acquire any further rights upon purchasing the goods.
The Provider processes personal data exclusively in accordance with applicable data protection laws (in particular the GDPR and BDSG). Details are governed by the Privacy Policy.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is — to the extent legally permissible — the Provider's registered office in Krefeld.
(3) Should individual provisions of these T&C be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the valid provision that comes closest to the economic purpose pursued by the invalid provision.
