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, the following applies: 50 % down payment upon placing the order, 50 % prior to delivery. For custom-made or sample-based orders, an advance payment of 100 % after approval of the sample may be agreed.

(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.

§ 5 Delivery, shipping and Incoterms

(1) Unless otherwise agreed, delivery is made DDP to the delivery address specified by the customer in accordance with Incoterms® 2020. DS Trading handles import processing, customs clearance, insurance (where agreed) and domestic transport.

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

(3) Delays due to force majeure, customs delays, supply shortages of upstream suppliers or the fault of third parties do not entitle the customer to withdraw before the expiry of a reasonable grace period of 14 days.

§ 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 immediately upon delivery. Obvious defects must be reported in text form within 7 working days of delivery, hidden defects within 7 working days of discovery (§ 377 HGB). Otherwise the goods are deemed approved.

§ 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, unless mandatory statutory provisions provide for a longer period.

§ 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 (cardinal obligation) and limited in amount to the foreseeable damage typical for the contract, but no more than the respective order value.

(3) Any further liability is excluded.

§ 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.

§ 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). 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.