General Terms and Conditions (GTC) of TOP GEO Mineralienhandel GmbH for business customers (B2B)

These GTC do not apply to consumers within the meaning of §13 BGB (German Civil Code)! Please refer in particular to the revocation instructions for end customers

1. General

Our terms and conditions of sale, delivery and payment are subject to the following terms and conditions. Deviating agreements must be in writing and are only binding for us once we have confirmed them in writing.

2. Offer and order

Our offers are always subject to change, cost estimates are non-binding. An order is only considered accepted when it has been confirmed by the seller (TOP GEO Mineralienhandel GmbH). By placing an order with us, regardless of the form in which this is done, the customer/buyer accepts these terms and conditions. They are therefore part of the purchase and delivery contract. The customer's/purchaser's terms and conditions of purchase are not recognized.

3. Prices and payment terms

Our prices are in euros (€) and do not include sales tax, packaging, freight, customs duties, postage or insurance. The same applies to partial shipments. Sales are always made at the prices valid on the day of delivery. Payment shall be made in accordance with the agreed payment terms. If the agreed payment term is exceeded, we reserve the right to charge default interest of 4% above the respective base interest rate of the European Central Bank, or our effective interest rate if we have taken out credit ourselves. The buyer shall have no right of retention due to any claims or a suspension are excluded, except with undisputed or legally established claims. All costs caused by late payment shall be borne by the buyer.

4. Packaging and shipping

Packaging is carried out at our discretion and either at our own cost or as a flat-rate contribution towards expenses. The risk and expense of transportation is always borne by the buyer. The same applies to transportation by TOP GEO Mineralienhandel GmbH vehicle. The freight costs are charged to the buyer, unless otherwise agreed. Transportation can be insured at the buyer's request.

5. Warranty

Complaints and objections must be made in writing immediately, but no later than 7 working days after arrival of the delivery at its destination. Later complaints cannot be accepted. In the case of hidden defects, the statutory provisions apply and we are liable for defects within the scope of the statutory provisions. However, we have the right to rectify defective items or to make a replacement delivery and, if these fail twice, the buyer may only then cancel the contract in accordance with the statutory provisions. Further warranty claims are excluded. Goods that are the subject of a complaint may only be returned with our permission and only at the expense and risk of the buyer. The notification of defects does not release the buyer from his obligation to pay. Complaints cannot be accepted if the buyer or third parties have tampered with the goods without our written permission.

6. Delivery

Delivery is at the expense and risk of the buyer, who, in the event of a return shipment, also bears the corresponding costs and must ensure adequate packaging and insurance. Delivery times are approximate. Binding delivery times can only be agreed for goods that are available from stock. Claims for late deliveries are excluded, unless we are guilty of gross negligence, which the buyer must prove.

7. Return of goods

The return of ordered goods is generally excluded. If, in individual cases, we declare our written consent to the return of delivered goods as a gesture of goodwill, the following regulation applies:
a) Consent to the return of delivered goods for exchange is always subject to the condition that the goods are returned to us in their original packaging, in mint condition and with the full scope of delivery.
b) The costs and risk of the return shipment shall be borne by the buyer
c) We charge a processing fee of 12% of the value of the goods for processing, inspection and restocking . Returns of custom-made products and direct special deliveries abroad are excluded without exception.

8. Retention of title

The delivered goods remain our property until full payment of all claims arising from the business relationship . Furthermore, the buyer recognizes an extended reservation of title on our part in the event of resale and/or further processing of the delivered goods by him before full payment of all our claims. The buyer is our custodian. Before full payment of all claims arising from the business relationship, the buyer may neither pledge the delivered goods to third parties nor assign them as security. The buyer's claims from the resale of the goods are hereby assigned to us.

9. Place of performance and jurisdiction

The place of performance and jurisdiction, including for claims relating to bills of exchange and cheques, is Crailsheim. Should individual parts of the GTC be invalid or void, the validity of the remaining provisions shall not be affected.
The law of the Federal Republic of Germany applies exclusively to the contractual relationship; in the event of any ambiguities in the wording of these General Terms and Conditions, the original German version applies exclusively.