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
Valid from 15 February 2015
General Terms and Conditions
of PFIFF Pfitzner Reitsport GmbH & Co. KG, Bahnhofstrasse 61a, 59872 Meschede-Freienohl, to be referred to hereinafter 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 information and scope
(1) These GTCs apply to the business relationship between the Seller and the Customer relating to the goods and services described in this catalogue. Within the context of the Terms and Conditions, customers are exclusively companies within the sense of § 14 of the Federal Gazette, thus natural or legal persons or partnerships having a legal capacity who/which are exercising their commercial or freelance occupational activity when concluding the legal transaction.
(2) Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract unless their validity is expressly agreed to. These Terms and Conditions will also apply if the Seller unreservedly carries out delivery to the Customer while being aware of terms applied by the Customer which are conflicting or deviate from these Terms and Conditions.
(3) Before sending the catalogue, the Seller may ask to be presented with a trade licence for trading in equestrian products.
(4) Individual agreements made with the Customer in individual cases (including side agreements, additions and amendments) have priority over these GTCs in any case.
§ 2 Offer and conclusion of contract
(1) Offers made by the Seller are non-binding and without obligation. This will also apply if the Seller has provided the Customer with catalogues, technical documentation (e.g. drawings, plans, calculations or references to DIN standards), other product descriptions or documentation – including in electronic form – to which the Seller has reserved property rights and copyright. Goods ordered may also differ slightly from the goods shown in the catalogue as colour deviations between the illustration and the original may occur as a result of printing.
(2) If an order qualifies as an offer in accordance with § 145 of the Federal Gazette, the Seller may accept it within 8 working days. It shall be tantamount to acceptance if the Seller supplies the goods ordered within that period of time.
The Customer may place orders by fax, e-mail or telephone.
(3) The conclusion of the contract is subject to the proviso that if the Seller itself is not supplied correctly or properly, then the Customer may be partially supplied or not at all. That will only apply if the Seller is not responsible for any such non-delivery, in particular if a congruent coverage transaction is concluded with the supplier. The Customer will be notified immediately if goods are not available or only partly available. The relevant payment received will be reimbursed immediately.
(4) If orders are placed electronically, the Customer will be notified immediately by e-mail regarding the receipt of the order. That e-mail will also contain these General Terms and Conditions. If the Customer orders goods electronically, the text of the contract will be saved by the Seller and sent to the Customer by e-mail after the conclusion of the contract along with the effective General Terms and Conditions.
§ 3 Prices and terms of payment
(1) Prices are valid "ex works", excluding freight, packaging and insurance, and in the case of export deliveries, excluding customs duties as well as fees and other official charges. Unless they are designated as the price per pair, sales unit, package or set, all prices are unit prices and are understood to be exclusive of VAT at the statutory rate valid at the time of invoicing.
(2) The delivery charge for customers in Germany is €7.50 plus VAT for packages weighing up to 31 kg. There will be no delivery charge for packages for customers in Germany if the value of the order is more than €300.00 plus VAT, with the exception of deliveries to be paid for in cash on delivery, bulky items, express deliveries and deliveries made by forwarders.
(3) The Seller will charge a minimum quantity surcharge of €7.50 plus VAT for orders destined for customers in Germany where the value of the goods is less than €50.00 plus VAT. The Seller will charge a minimum quantity surcharge of €50.00 plus VAT for orders to be exported to EU countries where the value of the goods is less than €150.00 plus VAT. The Seller will charge a minimum quantity surcharge of €50.00 plus VAT for orders to be exported to non-EU countries where the value of the goods is less than €500.00 plus VAT.
(4) Selections or samples sent by the Seller at the Customer's request are to be returned to the Seller within ten working days of receipt. In order to observe the deadline, it is sufficient for the goods to be dispatched in good time. If the goods are not returned within the period of time stipulated, they will be charged for. This will be indicated when the goods are first sent out.
(5) In the case of customers domiciled in Germany, payment can be made using the SEPA Business to Business Direct Debit Scheme or by paying cash on delivery. In exceptional cases, purchase on account can be agreed for individual customers domiciled in Germany. In the case of customers domiciled abroad, payment can be made using the SEPA Business to Business Direct Debit Scheme, by paying cash on delivery, by advance payment, by SWIFT international credit transfer or by credit card. The deduction of discounts shall require a special agreement.
(6) Unless the order confirmation or invoice states otherwise, the purchase price is to be paid in full within 20 days of the invoice date. At the end of that period, the Customer will be in default of payment. During the default period, the Customer will have to pay interest on the amount owed at a rate of 9% above the basic interest rate. If in default of payment of a claim for payment, the Customer will also have to pay a lump sum in the amount of 40 euros. This will also apply if the Customer defaults on an advance payment or another instalment payment. The Seller reserves the right to claim higher damages due to delay from the Customer. The lump sum in accordance with sentence 3 will be charged on a claim for damages owed if the damages in the form of legal expenses are well-founded.
(7) If, after the conclusion of the contract, it becomes apparent that the Seller's entitlement to the purchase price is at risk due to the Customer not being able to pay (e.g. through an application to initiate insolvency proceedings), then the Seller will be entitled to withhold performance and – if necessary after setting a deadline – to withdraw from the contract in accordance with statutory regulations (§ 321 of the Federal Gazette). If that is the case, the Seller may request full payment of all invoices and declare due invoices which are not yet due for payment.
(8) The Customer will only have the right to effect offsetting if his/her/its counter-claims have been established as legally binding or acknowledged or have not been disputed by the Seller. The Customer can only exercise a right of retention if its counter-claim is based on the same contractual relationship. If there are defects in the goods supplied, the counter-rights of the Customer will remain unaffected by these in accordance with these GTCs.
§ 4 Delivery and delivery time
(1) Unless expressly agreed otherwise, the Seller will not guarantee the observation of certain delivery times. The punctual and orderly fulfilment of the Customer's obligation is also a prerequisite for the observation of the delivery obligation. The plea of non-performance of the contract remains reserved.
(2) If the goods ordered are not in stock, the Seller will order the goods immediately, notify the Customer immediately regarding this and indicate the expected delivery date. The Seller refers to § 2 (3) in these Terms and Conditions relating to the reservation in respect of it being supplied properly itself.
(3) The Seller will be entitled to provide a partial supply if a partial supply can be regarded as reasonable while taking the Customer's interests into account. The Customer will not incur any additional costs as a result.
§ 5 Transfer of risk
The risk of accidental loss and the accidental deterioration of the goods will be transferred to the Customer upon handover, in the case of sale to destination upon the delivery of the goods to the forwarder, the carrier or any other person or institution charged with the execution of the shipment. It is deemed equivalent to handover if the Customer defaults on acceptance.
§ 6 Reservation of title
(1) When dealing with merchants, the Seller will retain ownership of the goods until all the claims from an existing business relationship have been paid in full. When dealing with businesses who are not merchants, the Seller will retain ownership of the goods until all the payments from the purchase contract have been paid in full. If the Customer violates the terms of the contract, in particular by defaulting on payment, the Seller will be entitled to take back the goods purchased. If goods purchased are taken back by the Seller, that can be construed as withdrawal from the contract. Any claims for compensation made by the Seller will remain unaffected by this. After taking back the goods purchased, the Seller is entitled to dispose of them. The proceeds of that disposal – after deducting reasonable costs of disposal – shall be offset against the Customer's liabilities.
(2) The Customer is obliged to treat the goods purchased with care; in particular, the Customer is obliged to insure them against the risks of fire, water damage and theft at his/her/its own expense, with the sum insured being adequate to cover the replacement value. The Customer will herewith already assign to the Seller any claims in the amount of the invoice amount accruing to the Customer in the event of damage.
(3) The Customer is not permitted to pledge the goods supplied under reservation of title or use them as security. The Customer is to notify the Seller immediately in writing in the event of seizures or other interventions by third parties. The same applies if the goods are damaged or destroyed. If the third party is unable to reimburse the Seller for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 of the Code of Civil Procedure, the Customer will be liable for the loss incurred by the Seller.
(4) The Customer is entitled to resell the goods purchased during the ordinary course of business and in so doing, hereby assigns to the Seller all the claims equivalent to the invoice amount which are accrued on resale against the relevant purchasers or third parties, regardless of whether the goods purchased have been resold without or after being processed. The Customer shall remain authorised to collect such claims even after assignment. The Seller's right to collect the claims itself will remain unaffected by this. However, the Seller undertakes not to collect any claim as long as the Customer continues to fulfil his/her/its payment obligations from the proceeds received, is not in default of payment and, in particular, no petition for the initiation of bankruptcy or insolvency proceedings has been filed and no cessation of payments has taken effect. Otherwise, the Seller may demand that the Customer discloses the claims assigned and the relevant debtors, that he provides all the information required for collection and associated documentation and that he notifies the debtors (third parties) regarding the assignment. If the Customer sells the claim in the course of genuine factoring, then the Customer will assign the claim against the factor taking its place to the Seller.
(5) The processing or modification of the goods purchased by the Customer will always be carried out for the Seller. If the goods purchased are processed with other objects not belonging to the Seller, then the Seller will acquire the joint ownership of the new resulting goods in proportion to the value of the goods purchased (invoice amount) in relation to the other objects processed at the time of processing. For the rest, the provisions applicable to the goods purchased and supplied with reservations shall also apply to the goods arising from such processing.
(6) If the goods purchased are inseparably mixed with other objects not belonging to the Seller, then the Seller will acquire the joint ownership of the new resulting goods in proportion to the value of the goods purchased (invoice amount) in relation to the other objects mixed at the time of processing. If mixing is carried out in such a way that the Customer's goods are to be considered as the main objects, then it will be deemed as agreed that the Customer will transfer the proportional joint ownership to the Seller. The Customer shall hold the resulting sole ownership or joint ownership for the Seller.
(7) The Customer will also assign to the Seller claims to secure the Seller's claims against the Customer which arise against a third party by linking the goods purchased to a property.
(8) The Seller will accept the above-mentioned assignments.
(9) The Seller undertakes to release the securities to which it is entitled at the Customer's request insofar as the realisable value of its securities exceeds the claims to be secured by more than 10%; the Seller shall be responsible for selecting which securities to release.
§ 7 Warranty
(1) The goods supplied may vary slightly from the goods shown in the catalogue. Please refer to § 2 (1) in these Terms and Conditions with regard to this.
(2) In principle, only the Seller's product description will be regarded as the agreed quality of the goods. Such product descriptions will cease to be valid when updated product descriptions are sent to the Customer. When any necessary deadline set is made known and occurs, the new product-related details will become effective and valid. In addition, public statements, recommendations or advertising by third parties do not represent a contractual statement regarding the quality of the goods.
(3) Claims for defects may only be made by merchants if they have duly fulfilled their obligation to inspect the goods and provide notification of any defects in accordance with § 377 of the German Commercial Code. Defects discovered are to be recorded in writing on the consignment note. The Seller is to be notified of any defects immediately.
(4) Businesses who are not merchants are to inspect the goods immediately to make sure that there are no deviations in quality or quantity and are to report obvious defects to the Seller at the latest within two weeks of receiving the goods; otherwise the assertion of warranty claims will be excluded. It is sufficient for dispatch or notification to be carried out in good time in order to observe the relevant deadline.
(5) The Seller guarantees to remedy defects by rectifying them or providing a replacement delivery at its discretion. The Customer shall bear the full burden of proof for any prerequisites for the claim, in particular for the defect itself, for the time when the defect is determined and for the timely reporting of the defect. If, after the Customer has returned the goods, it is found that they are not defective, the Seller will be entitled to charge a flat rate in the amount of 15% of the value of the goods, with a minimum of €5.20, for processing and re-storage. It shall be permitted for the Customer to prove that the Seller did not incur any losses at all or only losses amounting to less than the above-mentioned flat rate.
If the goods are returned, the Customer is requested to frank the package to be sent back sufficiently. If, after the Customer has returned the goods, it is found that they are defective, the Customer will be refunded the postage immediately. In any case, for the purpose of returning the goods, the Customer may ask the Seller to provide a freeway sticker or have such a sticker produced in-house via the Customer's subscription to the DHL Easylog system. It is expressly pointed out that the franking of the return consignment is not a prerequisite for the enforcement of warranty claims.
(6) In principle, if subsequent remedying fails, the Customer may request reduction of the purchase price (reduction) or cancellation of the contract (withdrawal) as well as compensation rather than performance at the Customer's discretion. Instead of compensation rather than performance, the Customer may request the reimbursement of unnecessary expenditure incurred due to expecting to receive the goods and which might be reasonably expected within the scope of § 284 of the Federal Gazette.
(7) If there are only insignificant defects, the Customer shall not be entitled to withdraw from the contract, while taking account of the interests of both parties. If the Customer chooses compensation instead of performance or claims for the reimbursement of unnecessary costs, then the liability limitations in accordance with § 9 will apply.
(8) By way of deviation from the statutory provision, the warranty period will be one year from the date of delivery of the goods. The one-year warranty period will not apply if the Seller can be accused of and/or is to blame for gross negligence or fraudulent intent or if the Seller can be accused of and/or is to blame for physical injury or damage to health or the loss of life of the Customer or in the case of a guarantee or recourse due to delivery in accordance with §§ 478 or 479 of the Federal Gazette. The Seller's liability in accordance with the Product Liability Act will remain unaffected by this.
(9) The Seller will not provide the Customer with any guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer's guarantees will remain unaffected by this.
§ 8 Special orders and indemnification
(1) The Customer will be liable for the correctness of the documentation that he is to provide such as e.g. templates, drawings and suchlike and will bear the risk of transmission. § 9 (2) of these GTCs will apply accordingly.
(2) The Customer is to ensure that articles and contents (e.g. drawings and templates) that he provides to be edited by the Seller are not encumbered by any rights of third parties. The Customer will indemnify the Seller against any legitimate claims made against the Seller by third parties due to the violation of their rights or legal violations due to the articles and contents provided by the Customer and for which the Customer is responsible. In that respect, the Customer will also pay for the Seller's legal defence costs, including all court and legal costs based on the corresponding legal fees. The Customer is to make an appropriate advance payment to the Seller with regard to this.
§ 9 Liability limitations
(1) In the case of slightly negligent breaches of contract, the Seller's liability will be limited to the foreseeable, direct average damage typical for the contract according to the type of goods or service. The same applies in the case of slightly negligent breaches of contract by the Seller's legal representatives, assistants or vicarious agents. The Seller shall not be liable in the case of the slightly negligent breach of insignificant contractual obligations. However, the Seller shall be liable for the violation of essential contractual legal positions of the Customer. Essential contractual legal positions are deemed to be those which the contract is to grant to the Customer according to the content and purpose of the contract. The Seller shall also be liable for the breach of obligations whose fulfilment is essential to the proper execution of the contract and on whose fulfilment the Purchaser may rely.
(2) The above-mentioned limitations on liability will not apply to claims made by the Customer arising from guarantees and/or product liability. In addition, the limitations on liability will not apply in cases of fraudulent intent, violation of obligations essential to the contract, physical injury or damage to health attributable to the Seller or the loss of life of the Customer.
§ 10 Copyright and advertising by third parties
(1) The copyright or the exclusive rights of use relating to the photographs shown in this catalogue as well as to documentation provided by the Seller will be held by the Seller or the (legal) persons listed in the imprint for this catalogue. In order to advertise the goods obtained from the Seller, the Customer will be granted a basic right of use with respect to photographs showing the goods purchased where the Seller holds the authorship or an exclusive right of use. Such photographs may only be used by the Customer to present each of the Seller's products shown in the photographs in each case.
(2) The Customer is to check the photographs of products regularly in order to make sure that they are up-to-date and must not use outdated photographs for advertising purposes. If the Customer culpably violates this obligation, then the Seller will have to be compensated for any damages incurred as a result.
(3) Advertisements placed by third parties (other businesses) are published in our catalogue/advertising and seasonal product brochures. The rights relating to these advertisements, in particular copyright or exclusive rights of use, will not be held by the Seller. In particular, the Customer may therefore not use photographs from such advertisements without the copyright holder's consent.
§ 11 Data protection
(1) Customer data will be saved and processed by the Seller in compliance with the pertinent regulations from the Federal Data Protection Act (BDSG). Personal data will only be requested for processing orders unless the Customer requires additional services. The Customer's personal data will be collected, processed and used by the Seller in connection with the business relationship. The Customer's personal data will, of course, be treated as confidential and in particular will not be passed on so that it can be used for advertising, market research or opinion survey purposes.
(2) The Seller will not pass on any personal customer data to third parties with the exception of service partners who require data to be transmitted in order to be able to process orders and independent sales representatives who work for the Seller. However in such cases, the scope of the data transmitted will be restricted to the minimum required.
(3) The Customer has the right to correct, block or delete any of his/her/its stored data. The Customer also has the right to request information on the status of his/her/its stored data at any time. The Seller is the contact for any such requests by the Customer. If legal or contractual retention obligations mean that data cannot be deleted, the data in question will be blocked.
§ 12 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany will apply with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the agreed place of jurisdiction for any disputes arising from this contract will be the court of law in charge at the place of business of the Seller. However, the Seller is also entitled to sue the Customer at the court responsible for the Seller's place of residence or business. The responsibility on account of there being an exclusive place of jurisdiction will remain unaffected by this.
(3) Unless otherwise provided in the confirmation of order and the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of business of the Seller will be the place of fulfilment.
(4) The invalidity of individual provisions will not affect the validity of the other provisions.
PFIFF Pfitzner Reitsport GmbH & Co. KG • Bahnhofstrasse 61a • 59872 Meschede-Freienohl
Tel.: +49 2903 - 9787 - 0 • Fax.: +49 2903 - 9787 - 97 • EMAIL: email@example.com
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
Wholesale department business hours:
Monday - Thursday 8.00 - 13.00 and 13.30 - 16.30
Friday 8.00 - 12.30
Orders department business hours:
Monday - Thursday 8.00 - 16.45
Friday 8.00 - 18.30
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.