General Terms and Conditions (GTC)
1. Scope of Application
These General Terms and Conditions apply to all business relationships between:
OG Handel
Owned by Oliver Hans Gerstner e.K.
and its customers.
Our offers are directed exclusively at businesses as defined in § 14 of the German Civil Code (B2B).
Consumers are excluded from using our services.
2. Conclusion of Contract
Our offers are subject to change and non-binding.
A contract is concluded only through:
written order confirmation or
delivery of the goods
3. Prices
All prices are quoted:
net, plus applicable VAT
plus shipping, packaging, and ancillary costs
Prices are subject to change.
4. Terms of Payment
Unless otherwise agreed:
Prepayment (standard)
Invoicing only by agreement
Invoices are due within 7 days without deduction.
5. Late Payment
In the event of late payment, the following provisions apply:
Interest on late payments: 9 percentage points above the base interest rate (§288 BGB)
Reminder fee: at least €10 per reminder
Debt collection measures may be initiated
We reserve the right to:
Suspend deliveries
Reject further orders
6. Retention of Title
The goods remain our property until full payment has been made.
In the event of resale:
The customer assigns any resulting claims to us
We are entitled to collect these claims
In the event of late payment:
we may reclaim the goods
demand access to storage facilities
7. Delivery and Transfer of Risk
Delivery is made:
ex warehouse / EXW (Incoterms) unless otherwise agreed
Risk passes to the buyer:
upon handover to the carrier
8. Delivery Times
Delivery times are non-binding unless expressly confirmed.
Delays caused by:
suppliers
transportation
force majeure
do not entitle the buyer to damages.
9. Force Majeure
We are not liable for delays caused by:
natural disasters
strikes
supply shortages
government measures
10. Defects and Warranty
Goods must be inspected immediately
Defects must be reported in writing within 5 business days
After this period, the goods are deemed accepted.
11. Liability
Our liability—regardless of the legal basis—is excluded to the extent permitted by law.
We are liable only:
in cases of willful misconduct or gross negligence
for damages resulting from injury to life, limb, or health
For simple negligence, we are liable only in the event of a breach of material contractual obligations (cardinal obligations) and limited to foreseeable, typical damages.
Liability for:
lost profits
indirect damages
consequential damages
is excluded.
12. Export and Import
The buyer is responsible for:
compliance with all import regulations
customs regulations
labeling requirements
13. Set-off and Retention of Title
Set-off is permitted only against:
claims that have been legally established
14. Place of Jurisdiction
The place of jurisdiction is:
Kirchdorf am Inn / Germany
German law applies exclusively.
15. Severability Clause
Should any individual provisions be invalid, the remainder shall remain valid.