|general business terms|
General terms and conditions, Dr. Neugebauer Handels-Consulting, Menden, Germany
We ask you to carefully read the following general terms and conditions in detail. They govern the commercial and legal aspects relating to us as contract partners in the spirit of a co-operation based on mutual trust.
1. Right of cancellation
In accordance with § 312d BGB (Civil Code of the Federal Republic of Germany) there is no right of cancellation applicable to distance selling contracts. Such contracts which regulate the delivery of goods are subject to price changes on the finance market on which the supplier has no influence and which may occur within the legal or usual expiration period of the right of cancellation. This is regularly the case concerning the precious metal which we sell (this also applies to coins and bullion) and it is due to the fact that our contract partners also purchase precious metal as means of capital investment.
Right of cancellation in other respects:
You have a right to cancel the contract within two weeks in written form (e.g. letter, fax, e-mail) without giving reasons or, if the item has been left in your possession prior to the deadline, by sending it back. The deadline begins upon receipt of the information of the right of cancellation in written form, however, this does not apply if the buyer has not yet received the item (in the case of a recurring delivery of similar items, the deadline does not begin prior to the receipt of the first part of the delivery) and also not prior to the fulfilment of our obligation to inform in accordance with § 312c, section 2 BGB in combination with § 1, section 1, 2 and 4 BGB-InfoV as well as our obligations in accordance with §312e, section 1, clause 1 BGB in connection with §3 BGB-InfoV. In order to observe the cancellation deadline, the timely sending of the notice of cancellation or the item is sufficient. The notice of cancellation is to be sent to:
Dr. Neugebauer Handels-Consulting, Bahnhofstrasse 22I, 58706 Menden, Germany
In the case of an effective cancellation the customer is obliged to return the item and the seller is under the obligation to return the money and possible benefits received (e.g. interest). Should you not be able to return the item provided in total or in part or merely in a lesser quality, you are required, where applicable, to provide compensation for lost value. This does not apply if an item is subject to deterioration which is exclusively due to you inspecting the item as you would have been able to do in a retail store. You may avoid an obligation for compensation for lost value, if you do not take possession of the item as if you were the owner and if you refrain from doing anything which might adversely affect the value of the item.
Items which can be distributed by mail are to be sent to us at our risk. You are obliged to pay for the shipment if the delivered items correspond with the items ordered by you and if the price of the items to be returned does not exceed 40 Euros or, if the price of the item which is to be sent back, exceeds this amount at the time of cancellation and you have not yet provided full payment or an instalment as stipulated by contract. Otherwise the return-shipment of the item is free of cost for you. Items which cannot be distributed by mail will be collected on the customer’s premises. A refund of payments must be undertaken within 30 days. The deadline for the customer begins when sending the cancellation notice or the item and for the seller with the receipt thereof.
End of cancellation briefing
2. Defect as to quality
To the extent that our company is able to do so, we guarantee for the genuineness of those items sold by us. We also rely on external expertise.
For defects as to quality we assume liability as follows:a.
At our discretion we will either ameliorate free of charge, deliver new or provide new all those parts or services which show a defect as to quality within the statutory limitation, in so far as the cause for the defect was already present at the time of the transfer of perils, whereas the burden of proof lies with our contract partner at the time of the transfer of perils.
Claims regarding defects as to quality fall under the statute of limitations after one year.
This does not apply should the law proclaim or stipulate a longer period, as well as in cases in which an injury to one’s life or body or health occurs due to deliberate or grossly negligent conduct on the part of the seller or in the event that the seller deliberately conceals a defect. The legal stipulations regarding expiration, suspension of a statute of limitation and renewed beginning of a statute of limitation remain untouched and continue to be valid.
Our contract partner must inform us in writing of obvious defects as to quality within three days of receipt of the delivery. The seller is to be notified immediately if a defect, which was not obvious at the time of delivery, is discovered at a later point in time. Should this not occur, the buyer is not eligible to state a warranty claim in as far as this is legally permissible. In order to comply with the above-mentioned deadline the sending of a written notice is sufficient. Our contract partner carries the burden of proof for any claim, in particular concerning the defect itself, for the time in which the defect was discovered and for the punctual notice of defect to the seller.
In the event of defectiveness the seller is initially granted the opportunity of a supplementary performance within an appropriate period of time. Should the supplementary performance fail twice, the contract partner is in the legal position to cancel the contract or to reduce the purchasing price. Should the contract partner opt to cancel the contract, after the failure to provide supplementary performance by the seller, the party is not entitled to further damages on account of the defect. Should the contract partner opt for damages after the failure to provide supplementary performance by the seller, the item remains – to the extent that this is reasonable – in his possession. The amount of claimable damages is restricted to the difference between the purchasing price and the value of the item free of defect. This is not applicable should the seller be responsible for a fraudulent breach of contract. Otherwise the usual legal provisions apply.
The description of particular attributes of an item – in particular during preliminary sales talks, information provided in our brochures or advertisements – is not to be regarded as a guarantee statement or the confirmation of an attribute on the part of the seller. In as far as this is legally permissible, this also applies to illustrations and descriptions by third parties which we publicize on our website.
The above-named and the following general terms and conditions apply to all deliveries, services, offers, purchases as well as trading operations of the Dr. Neugebauer Handels Consulting in Menden, Germany in business transactions with customers in as far as this is legally permissible. This also applies to future business relations, even if they have not been once more explicitly agreed upon or have not been referred to once again by the seller.
These general terms and conditions are valid for all business transactions between the customer (purchaser) and the seller.
Consumer/Entrepreneur - Definition (see § 13 BGB):
A consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities
With the placing of an order (contract award), at the latest with the acceptance of our service/delivery, the recipient, in the form of the consumer or entrepreneur, accepts these conditions.
The general terms and conditions in hand are solely applicable. The contract partner may not refer to the validity of his own terms and conditions as they do not apply.
Variations of the terms and supplements to the general terms and conditions are solely effective if they are confirmed in writing. Should general terms and conditions collide, in spite of the afore-mentioned provisions, then those terms and conditions laid down here are valid and apply.
4. Conclusion of the contract
Our sales and purchase offers are subject to change without notice and without obligation. The customer orders/sells by telephone, by fax or by using our internet platform. The latter option allows the customer to review all information pertaining to the order/sales offer, to make corrections and to print the order prior to sending.
A conclusion of a contract is only reached when the seller delivers. The sending of an order on the customer’s part is an offer to buy and the list of articles on the internet as well as the option of ordering on our website is an invitation to make a purchasing bid. However, the contract is concluded when the order has been received by the seller. All offers on our part are subject to change and are effective until the date indicated (should a date have been indicated at all). The seller is under no obligation to deliver; an offer may be subject to an error or printing mistake and thus invalid. Should individual orders not be available, the item will be cancelled from the order form; the remaining part of the order stays effective. On the part of the seller a contract is concluded by the acceptance of the order/sales offer and the contents thereof (by order confirmation or by sending an invoice) or in the case of an order, by delivery of the requested item. A declaration of acceptance is to be incurred in written form. As an exception it is possible to do so by telephone.
On principle the parties to the contract agree on cash on delivery (COD) should no other arrangement in written form have been agreed upon.
In as far as no other arrangement has been agreed upon, an item which can no longer be delivered may be substituted by an item which is of the same quality and within the same price range.
Offers and orders in accordance with §145 BGB of a value exceeding 50,000 Euros are accepted exclusively in written form, by telefax with signature or as a digitally signed e-mail.
The data pertaining to the contract are stored in a data processing system by Dr. Neugebauer Handels Consulting in adherence to the BDSG (Federal Data Protection Act).
5. Purchasing hours, Prices
Those prices for purchase and sale in Euro and the applicable sales tax / value added tax valid on the day of the contract conclusion apply in as far as no other arrangement has been agreed upon.
Our customary purchasing hours apply. For offers which are made during this time, the respective official rates apply. If offers are made outside of the purchasing hours, the rate at the beginning of the next customary purchasing hours applies.
6. Money laundering
In accordance with the German GWG Act (Money Laundering Act) a contract partner is required to provide personal identification when making cash payments exceeding 15,000 Euros or when paying in foreign currency exceeding an equivalent of 2500 Euros. The contract partner is obliged to send a copy of a valid personal identity card or passport.
7. Delivery and Passing of risk
The statement of a binding delivery date by Dr. Neugebauer Handels Consulting must be undertaken in writing.
The seller is entitled to carry out partial delivery and partial performance at any time, unless a partial delivery or partial performance has been excluded in the contract in written form.
If the customer is the consumer the risk of loss and the risk of random damage to the goods in the case of shipping passes from Dr. Neugebauer Handels Consulting to the contract partner with the handing over of the goods to the latter. This also applies in the event of default of acceptance.
If the customer is entrepreneur, the risk (also for carriage free shipping) passes from Dr. Neugebauer Handels Consulting to the contract partner as soon as the delivery has been handed over to the shipping company or as soon as the delivery has left our inventory for the purpose of shipping. If the shipping is delayed at the request of the contract partner, the risk is passed to the contract partner as soon as the seller has signalised readiness for shipment/dispatch. This also applies in the event of default of acceptance.
Dr. Neugebauer Handels Consulting agrees upon a date of delivery with the contract partner. In the case of advance payment the delivery occurs immediately after the purchasing price has been received. The delivery is usually carried out by a security services transportation company. On the day of delivery the contract partner must be available on his premises throughout the day, since an exact delivery time cannot be arranged for security reasons. Correspondingly this also applies when collecting the goods oneself.
Place of performance for all purchased items is the respective place of business of the Dr. Neugebauer Handels Consulting. In as far as is applicable, any papers pertaining to the items are also to be sent to Dr. Neugebauer Handels Consulting. If the items are not collected by the buyer, the seller commits himself to insuring the items sufficiently prior to sending. If an item is delivered, the Dr. Neugebauer Handels Consulting must receipt the item (by registered post or signature upon receipt). The sender carries the burden of proof – in as far as this is statutorily admissible – as regards the sending of the item.
In the Federal Republic of Germany we generally commission DHL and UPS to carry out our deliveries. In individual instances we also choose other services.
Security services transportation has no effect on the place of performance. Such a form of delivery is exclusively effected within Germany, unless we have made other arrangements with our customers in written form.
8. Terms and conditions of delivery and payment, default, counterclaims, cancellation
The invoice amount (in the case of sale against cash in advance) is due net immediately after receipt of the confirmation of order or otherwise upon receipt of the invoice. If the contract partner fails to pay within three days of the interest date, he is in default without receiving a reminder/demand note in as far as this is statutorily admissible.
Payments can only be affected by bank transfer. Cash payments to the seller’s account may also be effected, however, only if a special agreement has been made in writing. Should a customer request cash payment when collecting the item himself, we reserve the right to verify the currency. Is this not possible on the day of collection by the customer, we reserve the right to decline acceptance of payment until the following banking day.
Payments via Western Union or Money Gram or other similar institutions are accepted only prior to explicit written confirmation. We recommend refraining from payments in this manner.
If delivery cannot be effected due to force majeure or other comparable incidents, the statutory period is adequately extended.
A default in delivery by Dr. Neugebauer Handels Consulting occurs only when delivery is not effected on the stipulated delivery date and a written reminder has been disregarded for a period of one month.
In the event that delivery deadlines cannot be met on account of a supply shortfall on the international commodity market, the above-mentioned deadline is extended to three months. Dr. Neugebauer Handels Consulting will inform the customer of such a delay immediately after it has become known or at the latest one week after receiving knowledge thereof.
A delay in delivery explicitly has no influence on the contract terms agreed upon with the buyer/company. These continue to be valid.
If a delivery is delayed due to reasons which our contract partner must answer for, we are entitled to charge the price valid on the day of the original delivery date. This may be subject to fluctuation of precious metal prices. If the increase in price according to our price list is more than 5% of the purchasing price at the time of the order, we are entitled to withdraw from the sales contract.
If, in spite of a contractual commitment, one of our distributors is not able to deliver an ordered item, we are entitled to withdraw from the contract, in as far as this is statutorily admissible.
In the case of a purchase of goods the payment is due after receipt and positive evaluation of the item, in particular concerning genuineness, content, weight and utilization.
Within one week of assessment Dr. Neugebauer Handels Consulting authorises payment in accordance with the customer’s payment request. Only in the case of explicit written approval, cash payment is carried out. Otherwise payment is effected by bank transfer only. Payment via Western Union or Money Gram is to be avoided, as this form of payment does not seem to be a safe enough option. It is our aim to ensure that our customers receive the amount due in the safest possible manner.
Should a purchase be considered negative as regards genuineness and further utilization, Dr. Neugebauer Handels Consulting is entitled to withdraw from the contract in accordance with statutory regulations. In this case the item is returned to the seller at his expense.
The seller can exercise the right of retention only in the event that legally binding counterclaims have been asserted, are uncontested or have been recognized by the buyer. Otherwise the legal stipulations apply.
If circumstances become known which question the creditworthiness of the contract partner, Dr. Neugebauer Handels Consulting is entitled to demand the entire remainder of the debt for partial delivery and to withhold items which have not been delivered or to claim the payment of a security deposit.
The prices are valid which apply at the time of order and in addition the value added tax applicable at the time of the order is due. Regarding business abroad: If it is possible to opt the value added tax, it is the buyer’s concern to obtain a tax credit form from the German fiscal authorities. Not before this form has been verified, can the parties to the contract come to an agreement on the value added tax. We, however, prefer the payment plus value added tax in order to avoid delays. We advise our customers to clarify the issue at hand with their local fiscal authorities.
At all times the seller refrains from paying custom fees or import taxes on deliveries to non-EU countries.
Shipping, postage and cost of handling are accounted for separately.
9. Title retention/ Joint ownership / Securities
Until the full payment for the item has been made, including all claims the seller is entitled to which may be due now or at a later point in time, the seller is granted securities, which are released upon demand at the seller’s discretion, in as far as the value thereof exceeds the claim by more than 20%.
The item remains the seller’s property. Processing and alteration are carried out for the benefit of the seller, however, without any obligation on the seller’s part. The contract partner is obliged to immediately notify the seller in writing of any processing or alteration. Should the seller’s joint ownership expire due to fusion, all parties concerned agree, that the value resulting from the fusion within the context of joint ownership is passed on to the seller. The contract partner sees to the safety of the joint property at no charge. The item of which we claim joint ownership is referred to as retention property.
Should third parties claim the retention property, in particular in the event of seizure, the contract partner must state our property rights and must inform us immediately, so that we are able to assert our property rights. In as far as a third party is not able to reimburse us for any costs accrued resulting from assertion of our rights before or out of court, our contract partner is liable for the payment of these costs.
10. Liability restrictions, claim for damages, reimbursement of expenses
Compensation and reimbursement of expenses claims by the contract partner, regardless of the cause in law, in particular due to breach of duty resulting from contractual obligation and illicit actions are precluded in as far as this is legally admissible.
The claim for damages for the breech of fundamental contractual obligations is, however, limited to damages which are typical or foreseeable regarding this form of contract. This is applicable in as far as neither intention nor gross negligence applies or if liability for harm to life, bodily injury or health is concerned.
11. Final provisions, severability clause, written form, jurisdiction
German jurisdiction applies to all sales contracts which were concluded under the aforementioned conditions excluding the stipulations of the German IPR (International Private Law) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). This is effective regarding contracts with consumers with the proviso that the mandatory provisions which apply at the main residence of the buyer take precedence, should they be more beneficial to the buyer.
In the event that a provision of these general terms and conditions or a clause pertaining to other arrangements is or becomes ineffective, void, fragmentary or incomplete, the effectiveness of the other provisions or arrangements are not affected. This is also true should a different legal system apply. In lieu of the ineffective, void, fragmentary or incomplete provision a new provision shall apply which adheres most closely to the intended purpose of the initial provision and which would have been agreed upon had the problems been recognized at the time.
All arrangements agreed upon by the contract parties are required to be in written form. This is also true should the agreement on the written form itself be cancelled.
Place of performance and place of jurisdiction is 58706 Menden, Germany. The same place of jurisdiction is valid, if the buyer has no place of jurisdiction within the country, if the buyer changes his address or main residence to a place abroad after the conclusion of the contract or if the main/usual place of residence is unknown at the time of the filing of a suit.
Statute of limitations and expiration comply with the legal provisions.
The implementation of these terms and conditions invalidates all prior terms and conditions.
Menden, Germany 2010
Dr. Klaus Neugebauer
Duty of Disclosure
Dr. Neugebauer Handels Consulting is a single proprietorship, registered in the professional register instead of the trade register of the city Menden, represented by Dr. Klaus Neugebauer.
Legal Representative: Dr. Klaus Neugebauer
Shipping Address: Bahnhofstrasse 22 , D-58706 Menden,
Value added tax identification number (VAT No.): DE 178759446
Dr. Neugebauer Handels Consulting grants individuals using this website a revocable, not exclusive, not transferable and limited permission to access to and use of the website and all information contained. This permission only applies as long as the user does not violate the law and follows the conditions of use. The visitor is not allowed to interrupt or try to interrupt the operation of this website.
This website and its content have been provided in the here present state. Dr. Neugebauer Handels Consulting is not liable for:
*the punctuality, accuracy or completeness of the information given on this website, including all prices.
*the validity of results that users or other third parties obtained from using this website
All opinions or evaluations displayed as being opinions or evaluations of Dr. Neugebauer Handels Consulting only express the opinions and evaluation of Dr. Neugebauer Handels Consulting at the time of release and can be changed anytime, even without advance notice.
Amongst other things this website contains general information about the kind of products and services Dr. Neugebauer Handels Consulting offers.
This website contains links that lead you to publicly available websites, which Dr. Neugebauer Handels Consulting did not create. Therefore Dr. Neugebauer Handels Consulting cannot be held responsible for the contents of these websites and the correctness of the information contained.
Dr. Neugebauer Handels Consulting reserves the right to change, interrupt or completely stop the operation of the website at any time. This includes the services, information or functions, accessible according to the conditions of use, offered by this website.
Limitation of liability
The use of this website happens at the visitors own responsibility. The user is solely responsible and solely bears the risk of loss which comes from the download from and access to as well as usage of the website and/or its contents.
The provisions of law limit the exclusion of liability.
Our analyses are based on sources that we regard as trustworthy and reliable. Despite thorough selection and interpretation we cannot be legible for the integrity, accuracy and validity in content of the information.
This website was created in the years 2006 – 2010 and is protected by copyright. Dr. Neugebauer Handels Consluting reserves in any case all rights to data and texts displayed on this website or passed on by it. Dr. Neugebauer Handels Consulting has obtained the approval from the owners of copyright to release images on this website.
It is forbidden
*to use this website to offer services to third parties
We guarantee you to treat your data and information as confidential. Your address is at no time accessible to third parties except for processing your orders (i.e. also to proof your credit-worthiness if necessary) and for additional services on our website (f.e. personalising, newsletter). At all times you are entitled to have access to our saved data.
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If you accept the „Cookies“ on our website we do not have access to your personal information but we are able to identify your computer.
We use „Cookies“ for the following reasons:
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Menden, February 2009
Dr. Klaus Neugebauer