Privacy Policy

General Terms and Conditions for Business Customers (B2B)

1. General

1.1 We offer our items via our online shop at https://www.bs-spange.de exclusively to entrepreneurs as defined in 1.2. These General Terms and Conditions apply in their respective version, also as a framework agreement for future contracts with the same customer, without us having to refer to them again in each individual case.

‍
1.2 Entrepreneurs within the meaning of our terms and conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the legal transaction (Section 14 of the German Civil Code/BGB).

‍Customers within the meaning of our terms and conditions are exclusively entrepreneurs. We sell and deliver goods exclusively to entrepreneurs.

‍
1.3 Only individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting, or supplementary general terms and conditions shall not become part of the contract unless we expressly agree to their validity. These terms and conditions also apply if we carry out delivery to the customer without reservation while being aware of conflicting or deviating terms and conditions.

‍

2. Offer, Contract Conclusion, and Prices:

2.1 Our offers are always subject to change and non-binding, unless otherwise stated in our offers. Due to technical display limitations, the ordered goods may deviate slightly from the items shown on the internet, within reasonable limits. Color variations are also possible. Offers are ex works, plus packaging, freight, postage, customs duties, insurance, and the statutory VAT applicable at the time of delivery and service.

‍

2.2 The offer is subject to correct and timely delivery by our own suppliers, unless we are responsible for the delayed or non-delivery by said suppliers.

Customer orders can be placed via our website, by phone, email, fax, or in writing. The customer's order constitutes a binding offer to conclude a contract for the ordered goods.

‍

2.3 We sell exclusively to customers with a VAT identification number and/or an institutional registration number. We do not sell to private individuals. By checking the box next to the declaration of consent to our General Terms and Conditions, you confirm that you are not ordering as a private individual. Our products are intended exclusively for the B2B sector and should only be sold to foot care specialists, podiatrists, beauticians, and doctors. Publishing our prices is a violation of our policies.

Upon receipt of the order, the customer will promptly receive a confirmation via fax or email. For payments made via prepayment, direct debit, or invoice, the purchase contract is not concluded with the order confirmation itself, but only upon the dispatch of a separate email containing an order confirmation or the delivery of the goods. We are entitled to accept this order within 24 hours. For goods ordered electronically, we are entitled to accept the order after receipt. Delivery of the ordered goods within this period is equivalent to acceptance.

‍

2.4 If the customer orders goods electronically, we will store the contract text and send it to the customer via email, along with the legally incorporated General Terms and Conditions. The customer may also print these terms and conditions and save them to their hard drive.

‍

3. Quality/Inspection and Notification Obligations

Data, quality descriptions, specifications, data sheets, or other oral or written information provided by us regarding the usability or condition of the goods and/or services are non-binding. Public statements, promotions, or advertisements made by us do not constitute a specification of quality. Immediately upon receipt of the goods, the customer must take appropriate measures to verify that the delivered goods are in proper condition in accordance with Section 377 of the German Commercial Code (HGB) regarding quantity, completeness, quality, freedom from defects, and suitability for their intended purpose.

‍

4. Complaints

4.1 If a defect is discovered, the buyer must notify us immediately, but no later than within 4 working days. The same applies to discrepancies in items or quantities, as well as in the case of hidden defects, from the moment the defect is discovered within the warranty period.

‍
4.2 Services provided by us must be accepted without delay. Putting the goods into use constitutes acceptance. If a defect is discovered during this process, the procedure in Section 4.1 must be followed. If the inspection of a notice of defect reveals that no warranty case exists, we may charge the customer for the costs of the inspection at our standard rates.

‍

5. Export Control

If the customer intends to export the goods, or if a foreign customer intends to import our goods, the customer is responsible for compliance with German, European, and destination-country import, export control, and customs laws. Before exporting, the customer must obtain any necessary permits or other certificates at their own expense and—if required—make them available to us. The refusal of an export permit and/or certificate by the competent authorities does not entitle the customer to return the goods or claim damages. Such refusal does not constitute a frustration of the basis of the transaction.

‍

6. Warranty and Liability

6.1 The customer's warranty rights are contingent upon the customer having fulfilled their obligations to inspect the goods and notify us of any defects without delay. The warranty only covers defects that occur during contractual and intended use of the goods. Only our expressly confirmed product description is generally considered the agreed quality of the goods.

‍
6.2 The rectification of defects caused by normal wear and tear, external influences, or operating errors is excluded from the warranty, unless mandatory statutory claims exist, such as those arising from product liability or an independent guarantee promise. The same applies to defects resulting from modifications to the goods not carried out by us. We provide no warranty that the delivered products are suitable for the customer's specific purposes or can be used with other products of the customer without interference or impairment.

‍
6.3 We will provide supplementary performance for defects at the customer's discretion, either through repair or replacement. If the supplementary performance fails, the customer may, at their discretion, demand a reduction in the purchase price, rescission of the contract, or damages in lieu of performance. Instead of these damages in lieu of performance, the customer may demand reimbursement of futile expenses within the scope of Section 284 of the German Civil Code (BGB) that they incurred in reliance on receiving the goods and were reasonably entitled to incur.

‍
6.4 The warranty period is one year from the delivery of the goods. This limitation does not apply to claims for damages resulting from injury to life, limb, or health, or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely ("cardinal obligation"), nor to claims for other damages based on an intentional or grossly negligent breach of duty by the user or their vicarious agents.

‍

7. Delivery Deadlines

If delivery deadlines are firmly agreed upon, the seller assumes no liability for delays in performance for which they are not responsible, or for impossibility of performance for which they are not responsible.
7.1 Payment Terms
The purchase price is due within 30 calendar days of the invoice date. If payment is received within 10 days of the invoice date, a 2% discount on the net value of the goods will be granted. Discount deductions are not permitted if there are still outstanding balances from older, overdue invoices. If the agreed payment deadline is exceeded, interest will be charged at the statutory rate of 9 percentage points above the respective base interest rate pursuant to Section 247 of the German Civil Code (BGB), unless the supplier can prove higher damages. The purchaser reserves the right to prove that lower damages were incurred.

‍

8. Retention of Title

We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring the goods subject to retention of title as security is not permitted before ownership has passed.

‍

9. Shipping

Shipping is at the buyer's risk and expense. Insurance against transport damage is only provided upon express request and at the buyer's expense.

‍

10. Technical Advice

At the buyer's request, the seller will provide technical advice regarding the use of the supplied products, provided the seller is able to do so. Any liability for technical advice provided or any warranty for the desired result is excluded.

‍

11. Disclaimer of Liability

We are only liable for our own content on our website. Where links provide access to other websites, we are not responsible for the third-party content contained therein. We do not adopt such third-party content as our own. As soon as we become aware of illegal content on external websites, we will immediately block access to these pages, provided this is technically possible and reasonable for us.

‍

12. Confidentiality

All technical data and other non-obvious commercial and technical details that become known to the customer through the business relationship with Bernd Stolz GmbH are trade and business secrets and must be kept confidential. They may only be used for the intended purpose of the goods. The obligation of confidentiality shall continue for a period of 24 months after the termination of the contractual relationship.

‍

13. Set-off/Retention

13.1 The customer is only entitled to set off claims if their counterclaim has been legally established, is undisputed or acknowledged by us, or is in a close reciprocal relationship with our claim.
13.2 The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

‍

14. Choice of Law/Place of Performance/Jurisdiction/Miscellaneous Provisions

14.1 All legal relationships between the customer and Bernd Stolz GmbH, including future ones, shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the Hague Convention on the Formation of Contracts for the International Sale of Goods.

‍
14.2 The place of performance is the respective registered office of Bernd Stolz GmbH.

‍
14.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes shall be the registered office of Bernd Stolz GmbH. However, we reserve the right to sue the customer at their general place of jurisdiction.

‍
14.4 Should individual provisions be invalid, the remaining provisions shall remain fully effective. In place of any invalid provision, a provision shall apply that comes as close as legally possible to what was economically intended by the purpose of the invalid clause.

‍
14.5 Contractual relationships must be in writing. Any amendments or additions to these contractual agreements or these Terms and Conditions of Sale and Delivery must be made in writing to be effective. This also applies to any waiver of the written form requirement.

‍

Shipping and payment terms:

Shipping costs

Germany: €5.95 gross (free shipping on orders over €100)

‍

Delivery time & packaging:

All shipments are sent via DHL/Deutsche Post. Your goods are shipped in specially tested packaging, using double-walled cardboard boxes to ensure they arrive in perfect condition. Depending on the size of your order, you may receive more than one shipping box. We typically use 1, 2, 5, and 10-bottle cartons. In very rare cases, boxes may be separated during transit and arrive on different days. If you are unavailable to receive your delivery, DHL will hold the package at the nearest post office for 7 business days. During this time, you can pick up your order or arrange for redelivery. You will usually receive a notification card from DHL if this occurs. Unless clearly stated otherwise in the product description, all items are ready for immediate shipment (delivery time: approx. 2–3 business days). Should an item be unavailable, we will contact you immediately.

‍

GOGREEN (CO2-neutral shipping):

We ship our packages using DHL's GOGREEN service for CO₂-neutral transport. As part of the GOGREEN initiative, the CO₂ emissions generated by transport are calculated using a certified process (ISO 14064). In accordance with the goals and requirements of the Kyoto Protocol, these emissions are offset by climate protection projects supported by DHL.

‍

Shipping within Germany only:

The sale and shipping of goods offered in this online shop are limited to Germany.

‍

Payment:

You can choose to pay by advance payment, direct debit, or invoice. Please note that if you exercise your right of withdrawal, we will use the same payment method you used for the original transaction, unless otherwise expressly agreed. You will not be charged any fees for this refund.

‍

Advance payment:

If you choose to pay in advance, we will provide our bank details in the order confirmation and ship the goods once payment has been received.

If paying in advance, please transfer the invoice amount to our account:

Account holder: Bernd Stolz GmbH

Bank: Hypo Vereinsbank Amberg

IBAN: DE57752200700001326260

BIC: HYVEDEMM405

‍

Direct Debit / SEPA Direct Debit:

With the direct debit or SEPA direct debit method, you can pay conveniently via bank withdrawal without any extra steps.

By issuing a SEPA mandate, you authorize us to collect the invoice amount from the specified account.

Please note that you are required to ensure sufficient funds are available in your account on the announced date.

‍

Invoice:

You pay the invoice amount by bank transfer to our account after receiving the goods and the invoice.

‍

Please note:

Prices at the time of ordering apply. The validity period of our limited-time offers can be found where they are displayed in the shop. All prices include statutory VAT (currently 7% or 19%).

‍

Amberg, 10/2023

‍