Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts between MB Food and Goods UG (haftungsbeschränkt), hereinafter referred to as "Seller", and the customer, hereinafter referred to as "Buyer", for the delivery of goods.

(2) Deviating conditions of the Buyer are not recognized unless the Seller expressly agrees to their validity in writing.

§ 2 Conclusion of Contract

(1) The presentation of products on this website does not constitute a legally binding offer, but an invitation to submit an offer.

(2) Orders can be placed via the contact form, by email or by telephone. The contract is only concluded upon order confirmation by the Seller.

§ 3 Prices and Payment Terms

(1) All prices quoted are net prices plus statutory VAT.

(2) Payment is made by invoice with a payment term of 14 days from the invoice date, unless otherwise agreed.

(3) If the Buyer defaults on payment, the Seller is entitled to charge default interest at a rate of 9 percentage points above the base interest rate.

§ 4 Delivery and Transfer of Risk

(1) Delivery is made from the Seller's warehouse or directly from the manufacturer. The delivery time is agreed individually.

(2) The risk of accidental loss or accidental deterioration of the goods passes to the Buyer upon handover to the freight forwarder or carrier.

§ 5 Retention of Title

(1) The delivered goods remain the property of the Seller until full payment of all claims arising from the business relationship.

(2) The Buyer is entitled to resell the reserved goods in the ordinary course of business. He hereby assigns all claims from the resale to the Seller.

§ 6 Warranty

(1) The Buyer's claims for defects require that he has properly fulfilled his obligations to inspect and give notice of defects pursuant to § 377 HGB.

(2) Claims for defects become time-barred 12 months after delivery of the goods.

§ 7 Limitation of Liability

(1) The Seller is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

(2) In the case of slight negligence, the Seller is only liable in the event of a breach of a material contractual obligation (cardinal obligation) and only limited to the foreseeable, contract-typical damage.

§ 8 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes arising from this contract is the registered office of the Seller, provided that the Buyer is a merchant, a legal entity under public law or a special fund under public law.

§ 9 Severability Clause

Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid regulation that comes as close as possible to this provision.