General Terms and Conditions of Croozer GmbH, Hürth

1. General Information
a. All of our offers, deliveries, sales and other services are subject to the following terms and conditions of
sale, delivery and payment. They apply to companies within the meaning of Section 310, Para. 1 of the
German Civil Code (BGB).
b. General terms and conditions that deviate from the following conditions of sale and delivery shall not be
recognised by us unless we have expressly agreed to the deviating general terms and conditions in writing.
c. All agreements entered into between us and you as the Buyer for the purpose of executing this agreement
shall be considered binding for us only if they are set down in writing in the order confirmation.
d. Our terms and conditions of sale, delivery and payment shall also apply to all future contracts with you as
the Buyer, even if this is not expressly agreed.

2. Offer/Offer Documents
a. Our offers are subject to change unless the order confirmation specifies otherwise.
b. Your order represents an offer to us for the conclusion of a purchase agreement. After your offer has been
received, we shall send you a notification of the receipt of your order by us. This confirmation of your order
does not constitute an acceptance of your offer, but merely informs you that your order has been received.
The purchase agreement between you and us does not enter into effect until we have sent you the product
you have ordered and a confirmation of the shipment.

3. Prices
a. Unless otherwise stated in the order confirmation, our prices shall apply “ex warehouse” and exclude freight
charges, which are billed separately.
b. Our prices do not include statutory VAT; the VAT is shown on the invoices as a separate item at the rate in
force on the date of issue of the invoice.
c. The deduction of any discount shall require a special agreement in writing.
d. Should the agreed delivery period exceed four months, we reserve the right to raise prices in line with the
changes in costs that occur after this point in time, in particular as a consequence of collective agreements
and/or changes in the price of materials from our suppliers. We shall inform you as the Buyer of the
respective price changes at least four weeks in advance. If the price increase amounts to more than 20% of
the agreed price, you as the Buyer shall be entitled to cancel or withdraw from the contract for the effective
date of this price change.
Croozer GmbH Tel.: +49 (0) 2233-95991-0
An der Hasenkaule 10 info@croozer.com
50354 Hürth, Germany www.croozer.biz

4. Terms of Payment/Default of Payment
a. Unless otherwise specified in the respective order confirmation or invoice, our invoices shall be paid without
deduction within 30 days of the invoice date.
b. Unless otherwise specified in the respective order confirmation or invoice, orders placed for shipment to
other countries shall be paid in advance free of charge.
c. Should you as the Buyer be in default of payment, we shall be entitled to charge interest on default of
payment in the amount of 9% above the respective base interest rate. If we can demonstrate that the level
of damage caused by the default is higher, we shall be entitled to assert this higher claim. You as the Buyer
have the right to provide proof that the level of damage is lower.
d. You as the Buyer are entitled to offsetting only if your counter claims have been legally established, are
undisputed or have been recognised by our company.

5. Delivery Times and Conditions
a. Delivery dates or deadlines, which can be agreed upon as binding or non-binding, require the written form.
b. If we fail to deliver by the specified deadline, our liability for damages shall be limited in its amount to 50% of the
foreseeable, typically occurring damage in the case of slight negligence and to the foreseeable, typically
occurring damage in the case of gross negligence.
c. Other statutory rights and procedures for claiming damages that you as the Buyer may have under applicable
laws shall remain unaffected.

6. Delivery/Risk Transfer
a. Unless otherwise stated in the order confirmation, the delivery is agreed “ex-warehouse”.
b. The risk shall pass to you as the Buyer when the respective goods are passed to the logistics provider, freight
carrier or third party charged with transport or as soon as the goods have left our warehouse for the purpose of
shipment.
c. Unless otherwise specified in the order confirmation or invoice, delivery shall be made against a reasonable flatrate charge.

7. Warranty/Liability
a. Merchants can only make claims in respect of product defects provided they have duly met their obligations to
inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). Any defects
must be notified to us in writing.
b. If the goods are defective, we are entitled to make remedy in the form of rectification of the defect or delivery
of a new non-defective item, as we choose.
c. If the rectification of the defect fails or the delivery of a new non-defective item does not take place within
expiry of a reasonable deadline, you as the Buyer may at your own discretion withdraw from the agreement or
demand a reduction in the purchase price.
Croozer GmbH Tel.: +49 (0) 2233-95991-0
An der Hasenkaule 10 info@croozer.com
50354 Hürth, Germany www.croozer.biz
d. Our warranty does not cover damages resulting from normal wear and tear or improper handling.
e. We shall be liable pursuant to the statutory provisions, insofar as you as the Buyer can demonstrate claims for
damages based on wilful intent or gross negligence, including wilful intent or gross negligence on the part of our
representatives and vicarious agents. If no wilful breach of contract can be proved against us, our liability for
damages is limited to such as might be foreseen and would typically occur.
f. Liability for culpable injury to life, limb or health remains unaffected. This also applies to mandatory liability under
the German Product Liability Act (Produkthaftungsgesetz).
g. Provided no other terms have been agreed in the above provisions, further liability is excluded.
h. The period of limitation for claims relating to product defects is twelve (12) months, calculated from the date of
transfer of risk, unless otherwise specified in the order confirmation or invoice.
i. The period of limitation in the case of a delivery recourse claim under Sections 445a and 445b of the German
Civil Code (BGB) remains unaffected; it is five (5) years, calculated from the date of delivery of the defective
item.

8. Reservation of Title
a. We retain title to the purchased goods until all payments relating to the transaction with you as the Buyer have
been received. If you as the Buyer act contrary to the provisions of the contract, particularly in regard to
overdue payment, we are entitled to recover the purchased goods. Our taking back the purchased goods shall
not constitute a withdrawal from the contract unless we have expressly declared in writing an intention to do so.
b. You as the Buyer shall be obligated to treat the purchased goods with due care until full payment of the
purchase price has been made.
c. In the event of a seizure or confiscation of the purchased goods, you as the Buyer shall be obliged to notify all
third parties of the reservation of title and inform us immediately.

9. Place of Jurisdiction/Place of Performance
a. Where the Buyer is a fully qualified merchant, the place of jurisdiction for any disputes arising hereunder is
Cologne.
b. The laws of the Federal Republic of Germany shall apply.
c. Unless otherwise stated in the order confirmation, the place of performance is Hürth, Germany

Date: March 2023