{"id":9437,"date":"2024-10-22T09:38:53","date_gmt":"2024-10-22T07:38:53","guid":{"rendered":"https:\/\/www.goldschmitt.de\/terms-of-service\/"},"modified":"2026-08-24T09:38:18","modified_gmt":"2026-08-24T07:38:18","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/www.goldschmitt.de\/en\/terms-of-service\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"\n<div class=\"wp-block-cover\" style=\"margin-bottom:0;min-height:269px;aspect-ratio:unset;\"><img loading=\"lazy\" decoding=\"async\" width=\"2500\" height=\"1000\" class=\"wp-block-cover__image-background wp-image-7583 size-full\" alt=\"\" src=\"https:\/\/www.goldschmitt.de\/wp-content\/uploads\/luftbild-hoepfingen-goldschmitt.jpg\" style=\"object-position:50% 50%\" data-object-fit=\"cover\" data-object-position=\"50% 50%\" srcset=\"https:\/\/www.goldschmitt.de\/wp-content\/uploads\/luftbild-hoepfingen-goldschmitt.jpg 2500w, https:\/\/www.goldschmitt.de\/wp-content\/uploads\/luftbild-hoepfingen-goldschmitt-300x120.jpg 300w, https:\/\/www.goldschmitt.de\/wp-content\/uploads\/luftbild-hoepfingen-goldschmitt-1024x410.jpg 1024w, https:\/\/www.goldschmitt.de\/wp-content\/uploads\/luftbild-hoepfingen-goldschmitt-768x307.jpg 768w, https:\/\/www.goldschmitt.de\/wp-content\/uploads\/luftbild-hoepfingen-goldschmitt-1536x614.jpg 1536w, https:\/\/www.goldschmitt.de\/wp-content\/uploads\/luftbild-hoepfingen-goldschmitt-2048x819.jpg 2048w\" sizes=\"auto, (max-width: 2500px) 100vw, 2500px\" \/><span aria-hidden=\"true\" class=\"wp-block-cover__background has-text-color-background-color has-background-dim-0 has-background-dim\"><\/span><div class=\"wp-block-cover__inner-container has-global-padding is-layout-constrained wp-block-cover-is-layout-constrained\">\n<p class=\"wp-block-paragraph\"><\/p>\n<\/div><\/div>\n\n\n\n<div class=\"wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained\">\n<div class=\"wp-block-group alignwide is-layout-flow wp-block-group-is-layout-flow\" style=\"margin-top:var(--wp--preset--spacing--70);margin-bottom:var(--wp--preset--spacing--70)\">\n<h1 class=\"wp-block-heading\">General Terms and Conditions of Business and Delivery.<\/h1>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">I. General Provisions<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>These General Terms and Conditions apply to all offers, deliveries and services provided by Goldschmitt techmobil GmbH (hereinafter briefly referred to as Goldschmitt GmbH) to its customers. Deviations from Goldschmitt GmbH&#8217;s General Terms and Conditions shall only apply if they are expressly acknowledged in writing by Goldschmitt GmbH.<\/li>\n\n\n\n<li>Any terms and conditions conflicting with or deviating from Goldschmitt GmbH&#8217;s General Terms and Conditions, or provisions of the customer amending the contract, are hereby rejected; they shall only become effective vis-\u00e0-vis Goldschmitt GmbH if Goldschmitt GmbH agrees to such changes in writing. This applies in particular if the order is placed with reference to the customer.<\/li>\n\n\n\n<li>Goldschmitt GmbH&#8217;s General Terms and Conditions shall also form the basis for all future transactions between Goldschmitt GmbH and the customer, in particular even if they are not expressly agreed again.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">II. Acceptance of Orders<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>All orders and instructions issued to Goldschmitt GmbH by the customer directly or through field service employees shall only be binding once they have been confirmed in writing.<\/li>\n\n\n\n<li>The written order confirmation shall be decisive for the scope of delivery. Ancillary agreements or amendments require the express written confirmation of Goldschmitt GmbH.<\/li>\n\n\n\n<li>Deviations of the ordered or delivered articles from the order, particularly with regard to material and design, are expressly reserved within the scope of technical progress.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">III. Delivery Period<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The delivery period shall commence upon dispatch of the order confirmation, but not before the customer has provided any documents, permits and approvals to be obtained by the customer, nor before receipt of any agreed advance payment.<\/li>\n\n\n\n<li>The delivery period shall be deemed to have been complied with if, by its expiry, notification has been given that the goods are ready for dispatch or the delivery item has left the works.<\/li>\n\n\n\n<li>The delivery period shall be extended in the event of measures taken in connection with industrial disputes, in particular strikes and lockouts, and in the event of unforeseen obstacles beyond our control, e.g. operational disruptions or delays in the delivery of essential materials, insofar as such obstacles demonstrably have a significant impact on the delivery of the delivery item. This shall also apply if such circumstances arise at sub-suppliers. The delivery period shall be extended by the duration of such measures and obstacles. We shall not be responsible for the aforementioned circumstances even if they arise during an existing period of default. In important cases, we shall notify the customer of the beginning and end of such obstacles as soon as possible. If delivery or acceptance has not taken place on time, the other party may withdraw from the contract. The exercise of the right of withdrawal must be announced in writing two weeks in advance. However, claims for damages shall be excluded if the respective party has fulfilled the obligations described above.<\/li>\n\n\n\n<li>Partial deliveries shall be permissible within the delivery periods specified by us, provided that this does not result in any disadvantages for use.<\/li>\n\n\n\n<li>After expiry of the delivery period, a subsequent delivery period of 14 days shall commence without any declaration being required. Upon expiry of the subsequent delivery period, withdrawal from the contract shall be deemed to have taken place, to the exclusion of claims for damages. Withdrawal from the contract pursuant to Section l, sentence 2 shall not take place if, during the subsequent delivery period, the buyer declares to the seller that they insist on performance of the contract. However, the seller shall be released from the obligation to deliver if, upon the seller&#8217;s request, the buyer does not state within the subsequent delivery period whether they insist on performance of the contract.<\/li>\n\n\n\n<li>Fixed-date transactions shall not be entered into. Any other express agreement between the parties shall remain reserved.<\/li>\n\n\n\n<li>If the buyer wishes to claim damages instead of performance, they must set the seller a specific period of weeks, threatening that the seller will refuse performance after expiry of this period. The period shall be calculated from the day on which the buyer&#8217;s notification is received by registered mail. In the event referred to in Section 5, sentence 2, this provision shall apply instead of the withdrawal described there only if the buyer&#8217;s notice setting a deadline has been received by the seller within the subsequent delivery period.<\/li>\n\n\n\n<li>Before expiry of the subsequent delivery period, the buyer&#8217;s claims due to delayed delivery shall be excluded.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">IV. Scope of Delivery<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The scope of delivery shall be determined by our written order confirmation.<\/li>\n\n\n\n<li>Changes to the design or form resulting from technical improvements or requirements imposed by the legislator shall be reserved during the delivery period, provided that the delivery item is not significantly altered and the changes are reasonable for the customer.<\/li>\n\n\n\n<li>Parts subject to registration regulations shall be delivered with a nationally valid German partial expert report or similar document.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">V. Cancellation Costs<\/h4>\n\n\n\n<p class=\"wp-block-paragraph\">If the customer unjustifiably withdraws from an order that has been placed, we may, without prejudice to the possibility of claiming higher actual damages, demand 10% of the sales price for the costs incurred in processing the order and for lost profit. The customer shall remain entitled to prove that the damage was lower.<\/p>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">VI. Packaging and Dispatch<\/h4>\n\n\n\n<p class=\"wp-block-paragraph\">Packaging shall become the property of the customer and shall be charged to the customer. Postage and packaging costs shall be invoiced separately. The method of dispatch shall be selected at our reasonable discretion. For deliveries from external warehouses, a flat-rate delivery surcharge may be invoiced. All goods shall be transported at the recipient&#8217;s expense and risk. We shall only take out insurance at the recipient&#8217;s special request and against reimbursement of the costs. Returns of goods shall generally only be possible with our express written consent and only against a credit note to be offset against other goods.<\/p>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">VII. Acceptance and Default<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The customer is obliged to accept the delivery item. In the absence of any deviating agreement (delivery by us), handover shall take place in H\u00f6pfingen. The customer is obliged to inspect the delivery item without delay, but no later than within one calendar week after receipt of the notification of readiness or other notification of completion at the handover location. The customer is obliged to accept the delivery item within the same period, unless the customer is temporarily prevented from accepting it through no fault of their own.<\/li>\n\n\n\n<li>If the customer intentionally or through gross negligence remains in default with acceptance of the purchased item for more than seven days after receipt of the notification of readiness, we shall be entitled, after setting a further period of seven days, to withdraw from the contract, demand damages or issue an invoice for the delay. It shall not be necessary to set a further period if the customer seriously or finally refuses acceptance or is obviously unable to pay the purchase price even within this period.<\/li>\n\n\n\n<li>Risk shall pass to the customer upon acceptance of the delivery item. If the customer declares that they will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item shall pass to the customer at the time of refusal.<\/li>\n\n\n\n<li>If Goldschmitt GmbH is in default, the customer may, provided that they can credibly demonstrate that they have suffered damage as a result, demand compensation of 0.5% for each full week of default, but no more than 5% in total, of the price for the part of the deliveries that could not be put into operation for its intended purpose due to the default. Claims for damages by the customer due to delayed deliveries, as well as claims for damages instead of performance exceeding the limits specified in No. 4, shall be excluded in all cases of delayed deliveries, including after expiry of any period for delivery set for Goldschmitt GmbH. This shall not apply insofar as liability is mandatory in cases of intent or gross negligence or due to injury to life, body or health. The customer may only withdraw from the contract within the scope of the statutory provisions insofar as Goldschmitt GmbH is responsible for the delay in delivery. The above provisions shall not entail any change in the burden of proof to the disadvantage of the customer.<\/li>\n\n\n\n<li>The customer is obliged, at Goldschmitt GmbH&#8217;s request, to declare within a reasonable period whether they are withdrawing from the contract due to the delay in delivery or insisting on delivery.<\/li>\n\n\n\n<li>If dispatch or delivery of the goods is delayed at the customer&#8217;s request by more than one month after notification of readiness for dispatch, the customer may be charged storage fees of 0.5% of the price of the items in the deliveries for each additional month commenced, but no more than 5% net of the total order value. The contracting parties shall remain free to prove higher or lower storage costs.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">VIII. Price Changes<\/h4>\n\n\n\n<p class=\"wp-block-paragraph\">Price changes shall be permissible if more than four months elapse between conclusion of the contract and the agreed delivery date. If, thereafter, wages, material costs or market-based purchase prices increase before completion of the delivery, we shall be entitled to increase the price appropriately in line with the cost increases. The customer shall only be entitled to withdraw if the price increase significantly exceeds the increase in the general cost of living between the time of ordering and delivery. If the customer is a merchant, a legal entity under public law or a special fund under public law, price changes in accordance with the aforementioned provision shall be permissible if more than six weeks elapse between conclusion of the contract and the agreed delivery date.<\/p>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">IX. Transfer of Risk<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The risk of accidental loss and accidental deterioration of the goods shall pass to the customer\u2014even in the case of partial deliveries\u2014upon handover, or, in the case of a sale by dispatch, upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out and dispatch the goods. Packaging shall be carried out with the care customary in the market and industry. Dispatch shall be carried out by Goldschmitt GmbH to the best of its discretion. At the customer&#8217;s written request and expense, Goldschmitt shall insure the consignment against breakage, transport and fire damage.<\/li>\n\n\n\n<li>If delivery or performance is delayed as a result of circumstances for which the customer is responsible, the risk shall pass to the customer upon notification of readiness for dispatch.<\/li>\n\n\n\n<li>Partial deliveries shall be permissible unless partial performance is of no interest to the customer. The customer must notify us of this when placing the order. Each partial delivery shall be deemed an independent transaction.<\/li>\n\n\n\n<li>Delivered items shall be accepted by the customer even if they have minor defects, without prejudice to the rights under Section X. (Warranty and General Liability).<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">X. Warranty and General Liability<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The customer is obliged to inspect the delivered goods immediately upon receipt for obvious defects, including obvious shortages or damage, and to notify Goldschmitt GmbH of these in writing and in detail without delay, but no later than within 8 days, and in any event before the goods are loaded or during their processing, connection or mixing; otherwise, the assertion of warranty claims shall be excluded. Timely dispatch of the notice of defects shall be sufficient to comply with the deadline.<\/li>\n\n\n\n<li>Before any further use, the goods must be checked for quality and functionality in accordance with the manufacturer&#8217;s specifications. Any deviation between the actual and target condition of the delivered goods must be reported to Goldschmitt GmbH in writing without delay, but no later than within 8 days of delivery. Complaints received later\u2014whether due to apparent or hidden defects\u2014cannot be accepted. The customer shall bear the full burden of proof for all prerequisites of the claim, in particular for the defect itself, the time at which the defect was identified and the timeliness of the notice of defects.<\/li>\n\n\n\n<li>If the goods are defective, Goldschmitt GmbH reserves the right to remedy the defect initially, at its discretion, by subsequent delivery or rectification (subsequent performance). In the event of subsequent performance, Goldschmitt GmbH shall bear all expenses necessary for this purpose, in particular transport, travel, labour and material costs, insofar as these are not increased by the goods having been moved to a location other than the place of destination. If the defect cannot be remedied or if remedying it is not economically reasonable, Goldschmitt GmbH shall be entitled to terminate the contract.<\/li>\n\n\n\n<li>The customer&#8217;s request for subsequent performance must be made in writing. The contractor must be granted a period of 3 weeks for subsequent performance. If the claim or performance is to be rectified, a failure of the rectification shall only be deemed to have occurred after the second successful attempt. If subsequent performance fails, the customer shall be entitled, at their discretion, to withdraw from the contract. The statutory cases in which setting a deadline is unnecessary shall remain unaffected.<\/li>\n\n\n\n<li>If, due to a defect and following failed subsequent performance, the customer chooses to withdraw from the contract, they shall not additionally be entitled to claim damages due to the defect. The limitation period for claims based on defective goods shall be 12 months from delivery of the goods.<\/li>\n\n\n\n<li>Goldschmitt GmbH shall not provide the customer with any guarantees in the legal sense.<\/li>\n\n\n\n<li>Any warranty extending beyond this section, or further claims for damages, in particular for consequential damage caused by defects or for lost profit resulting from a defect in the goods, may not be asserted, except in the cases set out in the section on default pursuant to Section VII.<\/li>\n\n\n\n<li>The above exclusion of liability shall not apply insofar as the cause of the damage is based on intent or gross negligence. It shall also not apply if the customer asserts a claim for damages pursuant to Section 437 para. 3 of the German Civil Code (BGB) due to a guaranteed quality, or if claims pursuant to Section 1, para. 4 of the Product Liability Act are affected.<\/li>\n\n\n\n<li>Insofar as these General Terms and Conditions exclude or limit Goldschmitt GmbH&#8217;s liability for damages under this section, this shall also apply to all claims due to default, culpa in contrahendo, breach of duty and tort. Insofar as Goldschmitt GmbH&#8217;s liability is excluded or limited, this shall also apply to the personal liability of its employees, workers or executive assistants. Liability shall be limited in amount to the typical foreseeable damage, excluding lost profit. This provision shall not apply to claims pursuant to Section 1, para. 4 of the Product Liability Act, due to initial inability or in the event of impossibility for which Goldschmitt GmbH is responsible, if Goldschmitt GmbH does not inform the contractual partner immediately of the unavailability and refund any consideration already provided.<\/li>\n\n\n\n<li>Goldschmitt GmbH considers it essential that the warranty process follows a precise procedure. This procedure requires the warranty case to first be reported to Goldschmitt GmbH. The customer must then complete the service form available from Goldschmitt GmbH in full. This form will subsequently be processed by Goldschmitt GmbH. Goldschmitt GmbH will then initiate the appropriate measures. In order to approve the customer&#8217;s warranty claim, Goldschmitt GmbH requires the returned shipment of the complained-about products within a period of 14 days after delivery of the replacement product to the customer. If the customer does not return the complained-about product within this period, Goldschmitt GmbH shall reject any warranty claim.<\/li>\n\n\n\n<li>If a specialist workshop or another commercial partner undertakes the warranty work, a written order from Goldschmitt GmbH shall be a prerequisite. Goldschmitt GmbH shall remunerate the work performed in accordance with fixed standard working-time values for the work to be carried out. Travel costs approved by Goldschmitt GmbH and incurred in connection with warranty work shall be reimbursed.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">XI. Retention of Title<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The goods shall remain the property of the seller until all claims arising from deliveries of goods from the entire business relationship, including ancillary claims, claims for damages and the settlement of cheques and bills of exchange, have been paid in full. Retention of title shall also remain in force if individual claims of the seller are included in a current account and the balance is drawn up and acknowledged.<\/li>\n\n\n\n<li>In the event of conduct contrary to the contract by the customer, in particular in the event of default in payment, we shall be entitled to take back the goods after issuing a reminder, and the customer shall be obliged to surrender them.<\/li>\n\n\n\n<li>The assertion of retention of title and the seizure of the delivery items by us shall not be deemed a withdrawal from the contract unless provisions under consumer credit law apply or this is expressly declared by us in writing. In transactions with merchants, a legal entity under public law or a special fund under public law, the following shall also apply:<\/li>\n\n\n\n<li>The customer shall be entitled to resell the delivery items in the ordinary course of business; however, the customer hereby assigns to us all claims in the amount of the purchase price agreed between us and the customer, including value-added tax, which accrue to the customer from the resale, irrespective of whether the delivery items are resold without or after processing. The customer shall be authorised to collect these claims after their assignment. Our authority to collect the claims ourselves shall remain unaffected; however, we undertake not to collect the claims as long as the customer duly meets their payment obligations and is not in default of payment. If this is the case, we may demand that the customer disclose the assigned claims and their debtors, provide all information required for collection, hand over the related documents and notify the debtors (third parties) of the assignment.<\/li>\n\n\n\n<li>Any processing or transformation of the goods by the customer shall always be carried out on our behalf. If the delivery items are processed together with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery items to the other items processed at the time of processing.<\/li>\n\n\n\n<li>If the delivery items are inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery items to the other mixed items. The customer shall hold the co-ownership in safekeeping for us.<\/li>\n\n\n\n<li>The customer may neither pledge the delivery items nor transfer ownership of them by way of security. In the event of seizures, confiscations or other dispositions by third parties, the customer must notify us immediately and provide us with all information and documents required to safeguard our rights. Enforcement officers or third parties must be informed of our ownership.<\/li>\n\n\n\n<li>We undertake to release the securities to which we are entitled at the customer&#8217;s request insofar as the value of the claims secured by them, provided these have not yet been settled, exceeds the value of the securities by more than 20%.<\/li>\n\n\n\n<li>In the event of breaches of duty by the customer, in particular in the event of default in payment, Goldschmitt GmbH shall, after the unsuccessful expiry of a reasonable period set for the customer to perform, be entitled not only to take back the goods but also to withdraw from the contract; the statutory provisions on the dispensability of setting a deadline shall remain unaffected. The customer shall be obliged to surrender the goods. The taking back of the goods or the assertion of retention of title or seizure of the reserved goods by Goldschmitt GmbH shall not constitute a withdrawal from the contract unless Goldschmitt GmbH has expressly declared this.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">XII. Impossibility and Adjustment of the Contract<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>If delivery is impossible, the customer shall be entitled to claim damages unless Goldschmitt GmbH is not responsible for this; however, the customer&#8217;s claim for damages shall be limited to 10% of the value of the part of the delivery that cannot be put into operation for its intended purpose due to the impossibility. This limitation shall not apply insofar as liability is mandatory in cases of intent or gross negligence or due to injury to life, body or health. This shall not entail any change in the burden of proof to the disadvantage of the customer. The customer&#8217;s right to withdraw from the contract shall remain unaffected.<\/li>\n\n\n\n<li>If unforeseeable events within the meaning of Section III, No. 3 significantly change the economic significance or content of the delivery or have a significant impact on the operations of Goldschmitt GmbH, the contract shall be reasonably adjusted in compliance with the principles of good faith and the legal principles governing the discontinuation or partial discontinuation of the basis of the transaction. If the adjustment is economically unreasonable, Goldschmitt GmbH shall be entitled to withdraw from the contract. If Goldschmitt GmbH wishes to exercise this right of withdrawal, it must notify the customer thereof without delay after becoming aware of the significance of the event, even if an extension of the delivery period had initially been agreed with the customer.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">XIII. Exchanges<\/h4>\n\n\n\n<p class=\"wp-block-paragraph\">There shall generally be no right to exchange goods delivered free of defects. If the customer has placed an incorrect order, Goldschmitt GmbH may agree to an exchange provided that the customer notifies Goldschmitt GmbH in writing of their intention to exchange within 8 days of delivery. For the necessary inspection of the goods to be exchanged at Goldschmitt GmbH, Goldschmitt GmbH shall be entitled to demand reimbursement of expenses from the customer in the amount of 30% (net) of the invoice value, but at least an amount of \u20ac50.00 plus the applicable statutory value-added tax. In the event of an exchange, the customer shall receive a credit note for the corresponding amount. The purchase price shall not be refunded in these cases.<\/p>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">XIV. Data Protection<\/h4>\n\n\n\n<p class=\"wp-block-paragraph\">Goldschmitt GmbH shall be entitled, within the scope of the purpose of the business relationship, to process the personal data entrusted to it or to have such data processed by third parties in compliance with the applicable data protection legislation and other data protection provisions.<\/p>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">XV. Terms of Payment<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The invoice shall be issued on the day of delivery or provision of the goods. Payment of the invoice amount and any ancillary services shall then be due immediately. Deferral of the due date shall generally be excluded.<\/li>\n\n\n\n<li>Payments shall be due immediately upon invoicing, net without deduction.<\/li>\n\n\n\n<li>Payments must generally be made in cash or by bank-certified cheque. If, instead of cash, cheques or bank transfers, bills of exchange are nevertheless accepted by the seller, a surcharge of 1% of the bill of exchange amount shall be charged upon acceptance of the bill, based on the net payment term of 30 days from receipt of the invoice, dispatch of the goods or provision of the goods.<\/li>\n\n\n\n<li>At our discretion, invoices may be sent by post or by email. The customer agrees to electronic dispatch by providing an email address suitable for receiving invoices and shall ensure that the invoice can be retrieved in good time. The customer may revoke their consent to electronic invoicing in writing at any time. The electronic invoice shall be deemed to have been received when the email to which the electronic invoice is attached is received.<\/li>\n\n\n\n<li>No interest shall be granted in advance.<\/li>\n\n\n\n<li>Payments shall always be applied to settle the oldest due debt item, plus accrued default interest.<\/li>\n\n\n\n<li>In all cases, the postmark indicating dispatch shall be decisive for the date on which payment was dispatched. For bank transfers, the day preceding the credit entry at the seller&#8217;s bank shall be deemed the date on which payment was dispatched.<\/li>\n\n\n\n<li>For payments made after the due date, interest of 8% above the respective base interest rate of the European Central Bank shall be charged. A higher or lower rate shall apply if the seller proves that it has incurred a higher interest burden or if the buyer proves that it has incurred a lower burden.<\/li>\n\n\n\n<li>Until due invoice amounts, including interest, have been paid in full, the seller shall not be obliged to make any further deliveries under ongoing contracts. The right to assert damages caused by default shall remain reserved.<\/li>\n\n\n\n<li>In the event of the buyer&#8217;s default in payment, threatened inability to pay or any other significant deterioration of the buyer&#8217;s financial circumstances, the seller may, after setting a subsequent period of 14 days for outstanding deliveries under any ongoing contract, demand cash payment before delivery, with the payment term forfeited, or withdraw from the contract and claim damages.<\/li>\n\n\n\n<li>Set-off against or retention of due invoice amounts shall only be permissible in the case of undisputed claims or claims that have been finally established by a court. This shall also apply in the event that the seller suspends payments. Other deductions (e.g. postage) shall be inadmissible.<\/li>\n\n\n\n<li>Bills of exchange, insofar as they are accepted in payment, shall only be accepted against reimbursement of expenses. Bills of exchange and acceptances with a term of more than three months shall not be accepted.<\/li>\n\n\n\n<li>Dispatch to private customers shall generally only be made by cash on delivery or against advance payment. Business customers from Germany shall, depending on the agreement, receive the goods for payment within 8 days net, against advance payment or cash on delivery with a 2% discount, or by direct debit after granting a direct debit authorisation with a 2% discount. However, the initial delivery shall also be made by cash on delivery or against advance payment. If a payment term has been agreed with a business customer, any further delivery in the event of payment not being made on time shall likewise only be made by cash on delivery or against advance payment. Business customers from abroad shall receive the goods against advance payment or by cash on delivery.<\/li>\n\n\n\n<li>In the event of default in payment or if Goldschmitt GmbH&#8217;s claims are jeopardised by a significant deterioration in the customer&#8217;s creditworthiness, Goldschmitt GmbH shall be entitled to make the claim due immediately or demand reasonable security. In such a case, Goldschmitt GmbH shall also be entitled to make any outstanding deliveries only against advance payment or the provision of reasonable security.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">XVI. General Operating Permit and T\u00dcV Expert Reports<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The copying or reprinting of expert reports issued by Goldschmitt GmbH or our suppliers is prohibited without our written consent and may be prosecuted under criminal law in the event of infringement.<\/li>\n\n\n\n<li>Goods cannot be taken back on the basis of official objections or changes in the legal situation. The customer is obliged to have all changes and conversions to vehicles participating in public road traffic entered in the vehicle documents. We shall accept no liability whatsoever for any failure to do so.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">XVII. Place of Performance and Jurisdiction<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The place of performance shall be the supplier&#8217;s registered office, H\u00f6pfingen.<\/li>\n\n\n\n<li>In all disputes arising from the contractual relationship, if the customer is a full merchant, a legal entity under public law or a special fund under public law, the action shall be brought before the court having jurisdiction over our registered office. We shall also be entitled to bring an action at the customer&#8217;s registered office.<\/li>\n\n\n\n<li>Only German law shall apply, to the exclusion of the laws governing the international sale of movable goods, even if the customer has their registered office abroad.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:51px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h4 class=\"wp-block-heading\">XVIII. Miscellaneous<\/h4>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The transfer of rights and obligations of the customer arising from the contract concluded with us shall require our written consent to be effective.<\/li>\n\n\n\n<li>If any provision is or becomes invalid, the validity of the other provisions shall remain unaffected.<\/li>\n\n\n\n<li>German law shall apply to delivery contracts involving foreign countries.<\/li>\n\n\n\n<li>For returns, the following shall apply: they shall only be accepted by us in conjunction with a fault report. You will receive the fault report immediately from our sales consultants following a telephone consultation. All returns must be dispatched using the least expensive shipping method.<\/li>\n\n\n\n<li>These General Terms and Conditions of Business and Delivery shall apply exclusively. The customer&#8217;s or orderer&#8217;s General Terms and Conditions of Business and Delivery or purchasing conditions shall only apply insofar as Goldschmitt GmbH has expressly agreed to them in writing.<\/li>\n<\/ol>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>General Terms and Conditions of Business and Delivery. I. General Provisions II. Acceptance of Orders III. Delivery Period IV. Scope of Delivery V. Cancellation Costs If the customer unjustifiably withdraws from an order that has been placed, we may, without prejudice to the possibility of claiming higher actual damages, demand 10% of the sales price [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"k2_canonical_url":"","k2_noindex":false,"k2_metatitle":"General Terms and Conditions | Goldschmitt","k2_metadescription":"Our General Terms and Conditions provide all important information about contract terms, services, and rights and obligations.","k2_scheduled_deactivation_date":"","footnotes":""},"class_list":["post-9437","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.goldschmitt.de\/en\/wp-json\/wp\/v2\/pages\/9437","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.goldschmitt.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.goldschmitt.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.goldschmitt.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.goldschmitt.de\/en\/wp-json\/wp\/v2\/comments?post=9437"}],"version-history":[{"count":1,"href":"https:\/\/www.goldschmitt.de\/en\/wp-json\/wp\/v2\/pages\/9437\/revisions"}],"predecessor-version":[{"id":10841,"href":"https:\/\/www.goldschmitt.de\/en\/wp-json\/wp\/v2\/pages\/9437\/revisions\/10841"}],"wp:attachment":[{"href":"https:\/\/www.goldschmitt.de\/en\/wp-json\/wp\/v2\/media?parent=9437"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}