General Terms and Conditions

§ 1 Scope and contracting parties

(1) These General Terms and Conditions (GTC) apply to all business relationships between DS Trading – Detert & Sander Trading GbR, Simrockstraße 185 a, 22589 Hamburg, Germany (“DS Trading” or the “Seller”) and its customers.

(2) These GTC apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 14 of the German Civil Code (BGB). No sales are made to consumers via this website.

(3) Conflicting or deviating terms of the customer are not recognised unless DS Trading expressly agrees to their validity in text form.

§ 2 Website, offers and conclusion of contract

(1) The presentation of products, categories, example prices and services on this website does not constitute a binding offer but a non-binding invitation to the customer to submit an inquiry.

(2) Upon an inquiry, DS Trading prepares an individual, non-binding offer (e.g. including landed cost and delivery time). This offer is also subject to change unless it is expressly designated as binding.

(3) A contract is concluded only upon written order confirmation by DS Trading in text form or by execution of the delivery. Any attached pro forma invoice and specification form part of the contract.

§ 3 Inquiries via website, e-mail and contact form

(1) Inquiries may be submitted via the website contact form, by e-mail or through the stated contact channels. An inquiry does not establish any claim to the conclusion of a contract and no obligation on DS Trading to accept it.

(2) DS Trading endeavours to respond to inquiries within 1–2 business days. Binding commitments only arise with the order confirmation pursuant to § 2.

(3) Personal data transmitted in the course of an inquiry is processed exclusively for handling the inquiry and initiating a contract. Details are set out in the privacy policy.

§ 4 Prices and payment

(1) Prices are in euros (EUR) net, plus the applicable statutory value added tax.

(2) Unless otherwise agreed, 60 % of the purchase price is due on conclusion of the contract and the remaining 40 % once the shipping document (bill of lading or air waybill) has been presented.

(3) In the event of default of payment, DS Trading is entitled to charge default interest of 9 percentage points above the base interest rate (§ 288 (2) BGB) and a flat fee of EUR 40 (§ 288 (5) BGB).

(4) The customer is only entitled to set-off and retention rights insofar as its counterclaims have been legally established, are undisputed or have been recognised by DS Trading. This does not apply to counterclaims arising from the same contractual relationship, in particular claims for defects.

§ 5 Delivery, shipping and Incoterms

(1) Unless otherwise agreed, delivery to customers in member states of the European Union is made DDP, and delivery to customers in Switzerland is made DAP, to the delivery address specified by the customer in accordance with Incoterms® 2020. For DDP deliveries DS Trading handles import processing, customs clearance, insurance (where agreed) and onward transport to the delivery address. For DAP deliveries to Switzerland the customer bears import duties (customs duty, Swiss VAT) and clearance at the destination; DS Trading provides the required documents.

(2) Delivery times are non-binding estimates unless expressly promised as binding.

(3) Delays due to force majeure, official customs delays or supply shortages of upstream suppliers for which DS Trading is not responsible are not attributable to DS Trading. If the customer wishes to withdraw from the contract because of a delay in delivery, it must first set DS Trading a reasonable grace period; 14 days are generally reasonable. The statutory cases in which setting a deadline is not required (§ 323 (2) BGB) remain unaffected.

§ 6 Retention of title

The goods remain the property of DS Trading until full payment (extended and expanded retention of title). The customer is entitled to resell the goods subject to retention of title in the ordinary course of business; claims arising from the resale are hereby assigned to DS Trading by way of security.

§ 7 Duty to inspect and give notice of defects

The customer must inspect the goods without undue delay after delivery and report recognisable defects in text form without undue delay (§ 377 HGB). A notice of obvious defects given within 7 working days of delivery is deemed timely in any case. Hidden defects must be reported in text form without undue delay after their discovery. If no timely notice is given, the goods are deemed approved with regard to the defect concerned.

§ 8 Warranty

(1) In the event of a justified notice of defect, DS Trading shall, at its option, provide rectification or replacement delivery.

(2) If subsequent performance fails twice, the customer may reduce the price or withdraw from the contract.

(3) The warranty period is 12 months from delivery. This does not apply in cases of intent or gross negligence, fraudulent concealment of a defect, assumption of a guarantee, injury to life, body or health, claims under the German Product Liability Act or recourse within the supply chain (§§ 445a, 445b, 478 BGB); in these cases the statutory periods apply.

§ 9 Liability

(1) DS Trading is liable without limitation for intent and gross negligence, for injury to life, body and health, and under the German Product Liability Act.

(2) In the case of simple negligence, DS Trading is only liable for the breach of a material contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely (cardinal obligation). In this case liability is limited in amount to the foreseeable damage typical for the contract.

(3) Otherwise liability is excluded. The limitations under paragraphs 2 and 3 do not apply insofar as DS Trading has fraudulently concealed a defect or has given a guarantee for the quality of the goods.

§ 10 Force majeure

Events of force majeure (including war, pandemic, official orders, port strikes, customs delays, ship accidents) release the parties from their performance obligations for the duration of their effects. If the event lasts longer than 60 days, either party may withdraw from the contract.

§ 11 Samples

Where sampling is agreed, mass production and (advance) payment only take place after inspection and approval of the sample by the customer. The exact specification (e.g. material, colours, size distribution) must be agreed before the start of production.

Samples are charged. DS Trading informs the customer of the costs of the sample and its shipping before sampling; they are borne by the customer.

§ 12 Confidentiality

Both parties treat confidential information – in particular supplier contacts, prices and margins – as strictly confidential, including beyond the end of the contract.

§ 13 Data protection

Personal data is processed in accordance with the GDPR and the German Federal Data Protection Act (BDSG). Details are set out in the privacy policy. A data processing agreement is concluded separately where required.

§ 14 Applicable law and place of jurisdiction

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Hamburg, Germany.

§ 15 Severability clause

Should any provision of these GTC be or become invalid, the remainder of the contract shall remain effective. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.