Pfitzner Reitsport GmbH & Co. KG,
Bahnhofstraße 61a · 59872 Meschede-Freienohl
Head Office: Meschede – District Court of Arnsberg - HRA 3860
Personally liable proprietor:
PFIFF Pfitzner Reitsport Verwaltungs- GmbH
Head Office: Meschede – District Court of Arnsberg - HRB 7796
Managing Director: Katharina Pfitzner
VAT Registration No.: DE 252 778 640
Effective from 15 February 2014
General Terms and Conditions
of the company PFIFF Pfitzner Reitsport GmbH & Co. KG, Bahnhofstrasse 61a, 59872 Meschede-Freienohl, hereinafter referred to as the Seller.
- Please note, these Terms and Conditions were issued first in the German language, the following are a translation from German into English -
§ 1 General and Application
(1) The following Terms and Conditions are valid for every business relations between the Seller and his Customers concern-ing goods and services shown on this catalogue.
Customers in terms of these terms and conditions are Entrepreneurs in means of § 14 BGB (German Civil Code), therefore natural or legal people or partnerships with legal
personality who or which, when entering into a legal transaction, act in exercise of their trade, business or profession. All products are subject to continuous quality control. For this reason, the manufacturer reserves the right, within reason, to technical modifications, as well as alterations in shape, model, colour, materials and/or weight. This applies in particular to standard quality, quantity, weight and material thickness or other variations. Products ordered may also vary slightly from those shown in the catalogue since the printing process can give rise to colour variations between the illustration and the actual goods. The seller and customer agree that the above variations do not represent an obvious defect in delivery or in the item being purchased/advertised.
(2) Diverging, conflicting or additional terms and conditions are not part of the contract, unless their validity is expressly agreed. These terms and conditions also valid, when the Seller, aware of the conflicting or diverging terms and conditions of the Customer, deliver to the Customer without any reservation.
(3) Before sending the catalogue, the Seller is allowed to require a proof of trade licence regarding equitation articles as well as a filling of a separate questionnaire ready-made by the Seller.
§ 2 Conclusion of the contract
(1) The offers of the Seller are subject to change and non-binding. This shall also be applied regarding the prices and product-related specifications; especially regarding custom-made products, a surcharge of at least 20 % will be calculated. Technical revisions and modifications in form, colour and / or weight are reserved to a reasonable extend. This particularly applies to commercial quality, quantity, weight, material thickness and other divergences. Ordered products may slightly diverse from those shown in the catalogue.
(2) If the order qualifies as offer according to § 145 BGB (German Civil Code), we can accept this within 8 working days. An acceptance will take place if the Seller delivers the ordered goods within this period. Orders of goods, which are intended for export, will only be accepted at a minimum order value of 150,00 EURO for all countries of the European Union, and a value of 500,00 EURO for all other countries outside the EU. Below these amounts there is a minimum surcharge for small quantities of 50.00€
The Customer can order via fax or e-mail. In case of ordering by phone, the Customer bears the risk of misunder-standings / transcription errors, unless the Seller or his employees acted deliberately or with gross negligence. In this case § 9 (2) shall apply.
(3) The contract conclusion is subject to correct and punctual supply of the Seller. This applies only for the case that the non-delivery is beyond the Seller’s control, in particular by conclusion of a congruent hedging transaction with the supplier. In case of non-availability, or only partial availability, of the product, the Customer will be immediately informed. The consideration is immediately refunded.
§ 3 Prices and payment terms
(1) Prices are “ex works” prices, exclusive of freight, packaging and insurance. Prices do not include at the time statutory Value Added Tax.
Product prices in this edition of the catalogue will no longer be valid after updated price lists have been issued to the customer or upon publication of a new annual / seasonal or event catalogue. New prices will become effective and valid once a firm deadline has been announced and has come into effect.
The minimum order value amounts to € 50, otherwise a processing fee amounting € 7.50 plus VAT will be charged.
Selections and sample shipments from the Seller should be returned within ten working days after receipt, the return in time would be enough to meet the deadline. If a timely dispatch does not occur, the goods will be charged. You will be informed about that within the delivery process.
(2) Payments can be made by domestic resident by bank debit or cash on delivery. Overseas customer may settle the payment by cash on delivery, advance payment, swift-payment or credit card. The deduction of discounts requires a special agreement.
(3) Unless anything else is mentioned on the order confirmation or on the invoice, the purchase price is due net (without deduction) within 20 days from the date of invoice. The Customer is in default at expiration of the deadline. During the default, the Customer shall pay interest at a rate of 8 points above the prime rate, the assertion of a higher rate remains reserved.
(4) If the Seller has evidence of an essential deterioration of assets of the Customer or he is in default, the Seller can make the fulfilment of the delivery dependent on a previous deposit.
If the Seller has evidence of an essential deterioration of assets of the Customer at the moment of the conclusion of the contract, which may anticipate that the Customer will not be able to meet the payments deadline, the Seller can demand the full payment of all due invoices as well as of the invoices which are not due yet.
(5) The Customer is only entitled to set-off rights, if his counterclaims have been ascertained legal, are recognized or undisputed by the Seller. The Customer shall be entitled to execute his right to withhold payments only to the extent that his counterclaims based on the same contractual relationship.
§ 4 Delivery
(1) Unless anything else is agreed, the Seller accepts no guarantee for the obeying of certain delivery deadlines. The obeying of the delivery obligation assumes the timely and proper fulfilment of the obligation of the Customer. The objection of the non fulfilled contract is reserved.
(2) If the ordered product is not in stock, the Seller will immediately order it, inform the Customer about it and about the expected delivery date. Concerning the subject to correct and punctual supply the Seller refers to § 2 (3) of these regulations.
(3) The Seller is entitled to deliver in partial deliveries, taking into consideration that any conflicting interests of the Customer are not affected. In case a partial delivery, no additional costs will be originated for the Customer.
§ 5 Passing of risk
Once the goods have been given to the shipper, carrier or to the forwarding agent or company, all risk of damages to, or loss of, the goods shall pass to the Entrepreneur. If the Customer is in default of acceptance, delivery shall be deemed occurred.
§ 6 Retention of title
(1) Regarding merchants the Seller reserves himself the property of the product up to the entire payment of all claims of an ongoing business relationship. Regarding Entrepreneurs, which are not merchants, the Seller re-serves himself the property of the product up to the entire payment of the purchase price. With behaviour contrary to the contract of the Customer, in particular with default, the Seller is entitled to withdraw from the contract and to demand the products back. Taking the products back by the Seller leads to a cancellation of the contract. Any claims for compensation of the Seller remain unaffected. The Seller is entitled to liquidate the goods, which have been taken back. The liquidation revenue will be deducted from the Customer’s debt – less reasonable liquidation costs.
(2) The Customer is obliged to handle the goods with care; in particular, he shall insure the goods at his own ex-pense at replacement value against fire, water damage and theft. The Customer transfers a title, originated in case of damage, to the invoiced value to the Seller.
(3)The Customer is not entitled to pledge or assign as security the goods subject to reservation of title. In case of attachment or other interventions by third parties, the Customer shall immediately inform the Seller by writing to enable him to take action. Same is valid in case of damages or destruction of the goods. As far as the third party is unable to refund the juridical and extrajudicial expenses of an action, according to § 771 ZPO (German Code of Civil Procedure), the Customer shall be liable for the resulting loss.
(4) The Entrepreneur is entitled to resell the products in the regular course of business. He transfers to the Seller all demands, to the invoice amount, which result from the resale against the third parties, no matter whether the sales item has been resold without or after processing. The Customer remains authorised to collect this debt even after the
assignment. The authorisation of the Seller to collect the debt himself remains unaffected. The Seller commits to refrain from collecting the debt as long as the Customer meets his payment obligations from the collected proceeds, has no delay of payment and there is no application for opening settlement or insolvency proceedings or is given bankruptcy. In this case, the Seller can require the Customer to disclose the transferred demands and the respective debtors give all information necessary for collection, deliver the corresponding documents and notify his debtors (third parties) of the assignment. If the Customer has sold the demand within the scope of the real Factorings, he resigns to the Seller the demand stepping in her place against the Factor.
(5) Processing or alteration of the sales item by the Customer is always carried out by the Seller. If the sales item is processed with other objects not belonging to the Seller, the Seller acquires co-ownership of the new product proportionally to the value of the sales item (invoiced amount) to the other processed objects at the time of processing. For the originated product applies furthermore the same conditions as for the delivered sales item.
(6) If the sales item is inseparably combined with other objects which do not belong to the Seller, this acquires the co-ownership of the new product proportionally to the value of the sales item (invoiced amount) to the other processed objects at the time of processing. If the combination takes place in a way that the object of the Customer may be treated as main product, it is considered agreed that the Customer assigns proportional co-ownership to the Seller. The Customer keeps the re-sulted joint property for the Seller.
(7) The Customer resigns to the Seller also the demands for the protection of the Seller’s receivables against him arising from the connection of the sales item with property against a third party.
(8) The Seller accepts the assignment.
(9) The Seller commits himself to flout the entitled securities when required by the Customer when the realizable value of the securities of the Seller exceeds the demand to be protected about more than 10%. The choice of the securities to be flouted is incumbent upon the Seller.
§ 7 Warranty
(1) The delivered goods can slightly diverse from the goods shown on the catalogue. § 2 (1) from these terms and conditions refers to it.
(2) Only the product description of the manufacturer is valid as a description of the product. Derartige Produktbeschreibungen verlieren mit der Bekanntgabe aktualisierter Produktbeschreibungen an den Kunden ihre Gültigkeit. Mit Bekanntgabe und Eintritt eines ggfls. festgelegten Stichtages entfalten die neuen produktbezogenen Angaben ihre Wirksamkeit und Gültigkeit.Public statements, targeting or advertising of the manufacturer show no stipulated description of the product.
(3) Warranty claims in case of merchants assume that these have follow, according to § 377 HGB (German Commercial Code), the obliged investigation and notification of defects. Ascertained defects may be noted in writing on the shipping document. The Seller shall be immediately informed of the defects.
(4) Entrepreneurs, which are not merchants, shall give notice to the Seller of defective delivered goods at the lat-est within two weeks after receiving the goods; otherwise the enforcement of the warranty claim is excluded. To meet the deadline, timely mailing, or notice, shall suffice.
(5) The Seller is entitled to choose by himself the form of remedy of supplementary performance or delivery. The Customer shall carry full burden of proof for all conditions to assert claims, in particular for the defect itself, for the time of the statement of the deficiencies and to the timely notice of defects. If after the return, it turns out that no defect exists, the Seller is entitled to charge to the Customer a flat rate of 15 % of the value, non less than € 5.20, for the processing and restocking. The Customer is entitled to provide proof that the damage costs do not arise at all, or that the costs are considerably lower than the flat rate.
In case of returning of the goods, the Customer will be asked to affix stamp the package. If it turns out that that the returned goods are indeed defective, the postage amount will be promptly returned to the Customer. For the purposes of returning the goods, the Customer may request a freeway sticker from the Seller or print himself such sticker registering on the DHL-Easy-Log-System. Important to note at this point that the franking of the return is not a condition to meet the warranty claims.
(6) If the supplementary performance misses, the Customer is entitled to demand a reduction of the purchase price or to withdraw from the contract as well as to demand compensation. Instead of demanding damages in lieu of performance, the Customer may demand reimbursement of the expenses, according to § 284 BGB (German Civil Code), which he has incurred in reasonable reliance on the receipt of performance, save where the purpose of the expenses would not have been achieved.
(7) A withdraw from the contract is excluded – taking into consideration the interest of both parties – if the defect is irrelevant. If the Customer chooses compensation of damages instead of performance or demands reimbursement of the expenses, the restrictions of liability are valid according to § 9.
(8) The warranty derives from the legal regulation and it amounts to one year from delivery of the product. The one-year warranty period does not apply if the Seller is accusable of gross culpability or fraudulent intent, further not in case of personal injury, impairment to health and death of the Customer, in case of a guarantee as well as in case of a delivery recourse in accordance with §§ 478, 479 BGB (German Civil Code). The liability of the Seller according to the Product Liability Act remains unaffected.
(9) The Seller hands no guarantees in the legal sense over the Customer. Manufacturer's guarantees remain unaffected.
§ 8 Special designs, release
(1) The Customer is liable for the correctness of the documents he sends, such as designs, drawings, etc., and carries the risk of transmission according to § 9 (2) from these terms and conditions.
(2) The Customer shall ensure that the articles and contents (e.g. drawings, designs), which he makes available to the Seller to process; do not violate any rights of third parties. The Customer releases the Seller from all legitimate claims from third parties against the Seller regarding right infringements or legal violations due to the submitted articles and contents for which the Customer is accountable. The Customer bears the expenses of the defending counsel of the Seller, including all court costs and lawyers’
statutory fees. For this purpose, the Customer may provide the Seller with a reasonable anticipation.
§ 9 Restrictions of liability
(1) With slightly negligent breaches of duty the liability limits on, depending the kind of product, predictable, con-tractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Seller. The Seller is not liable for slightly negligent violation of inessential contractual obligations. However, he is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Seller is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust.
(2) The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or products liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Seller is accusable of personal injury, impairment to health and death of the Customer.
§ 10 Copyright
The Seller holds the copyright and the right of use on the pictures illustrated in this catalogue as well as on the documents made available by the Seller. A simple right of use regarding the photos is granted to the Customer in order to advertise the goods. The photographs may be used by the Customer only for the presentation of the pertinent goods of the Seller.
The Customer should regularly review the product illustrations in order to advertise with actual and not outdated images.
(1) Customer data are stored and processed by the Seller considering the appropriate regulations of the German Federal Data Protection Act (BDSG). Personal data are asked exclusively for the settlement of the order, unless the Customer wishes additional support services. Customer personal data are collected, processed and used by the Seller to fulfil the business purpose. Customer’s personal data are naturally treated in strict confidence, and in particular it will not be passed on third parties for the purposes of advertisement or polling and marketing.
(2) Disclosure of the Customer’s personal data to third parties does not take place. Excepted are service partners who may require the conveyance of the data for the contract liquidation. Nevertheless, in these cases the scope of the submitted data is reduced to the bare minimum.
(3) The Customer has a right on information as well as a right on rectification, disabling and deletion of his stored data. He has the right to require any time information above the stand of his stored data. The Customer should contact the Seller for this purpose. As long as legal or contractual compulsory safekeeping conflicts, data will be disabled.
§ 12 Choice of law
This agreement shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods. If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Seller’s business location has its seat. Nevertheless, the Seller is also entitled to sue the Customer in his residential court or business location court. The competence based on an exclusive jurisdiction remains unaffected. Unless otherwise resulted from the confirmation of the order, the place of fulfilment is the location where the Seller has its seat.
Wholesale department business hours:
Monday - Thursday 7.45 - 13.00 and 13.30 - 16.45
Friday 7.00 - 13.00 and 13.30 - 14.45
Orders department business hours:
Monday - Thursday 7.45 - 16.45
Friday 7.45 - 13.45
Bank Sort Code
Responsible for Imprint and Content within the meaning of § 10 para. 3 MDSTV:
PFIFF Pfitzner Reitsport GmbH & Co. KG • Bahnhofstrasse 61a • 59872 Meschede-Freienohl
Tel.: +49 2903 - 9787 - 0; Fax.: +49 2903 - 9787 -97 • EMAIL: firstname.lastname@example.org
Commercial Register of the District Court of Arnsberg, HRA 3860
VAT Registration No.: DE 252 778 640
PFIFF Pfitzner Reitsport GmbH & Co. KG is represented by the personally liable proprietor PFIFF Pfitzner Reitsport Verwaltungs-GmbH
(Commercial Register of the District Court of Arnsberg, HRB 7796), this being represented by the Managing Director Katharina Pfitzner.