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 Directors: Katharina Pfitzner, Klaus Geuecke
VAT Registration No.: DE 252 778 640
Effective from 15 March 2010
1. Application of the Conditions
Our General Terms and Conditions are a component part of all offers, contracts concluded, deliveries and services. They also apply in respect of future contracts, offers, deliveries and services, even if they are not separately agreed. Our deliveries and services are made solely on the basis of these Terms and Conditions. Any Partner’s Terms and Conditions which vary from these are invalid unless they were expressly recognised by us in writing. This also applies if we do not specifically disagree and make reference to or allude to the letter which contain our Partner’s Terms and Conditions or those of third parties – our referring to them in no constitutes any agreement on our part in respect of any external Terms and Conditions.
Variations made by members of staff to these Terms and Conditions are invalid unless they have been confirmed in writing by the Managing Directors, Katharina Pfitzner and Klaus Geuecke.
2. Offer and Conclusion of Contract
Our offers are without engagement and non-binding. Our goods as presented in catalogues, circulars and other advertising media do not represent any binding offer on our part. It is only when our Partner places an order that our offer becomes binding. A Contract between our partner and ourselves comes about only when there is an express, written statement of acceptance from us or by the sending of the goods ordered. The Partner is bound to the assignments/orders placed with us, without our having expressly confirmed these.
Orders should, as a rule, be placed by fax or e-mail. In the case of orders or offers made by telephone, the Partner bears the risk of misunderstandings or miscommunications, unless these can be ascribed to wilful intent or gross negligence.
The Partner is responsible for the accuracy of the documents to be sent by him, such as, for example, artwork, drawings or similar and bears the risk of transmitting these. The risk for the infringement of industrial property rights and any damage resulting therefrom is borne by the Partner.
If individual items in an order cannot be delivered because our supplier has failed to deliver them to us, the purchase contract in respect of these items is deemed to be not concluded, unless the non-delivery has to be represented by us. Moreover, the Contract is not affected unless this verifiably contradicts the interest of the Partner. We expressly do not assume any procurement risk.
On small orders under 50.00 euros we apply a handling fee of 7.50 euros.
Because of the significant extra costs involved in Export documents, we can supply goods intended for export only from a value of 205.00 euros upwards.
In order to exclude so-called “boiler room traders” as well as private buyers, before sending our Catalogue with net prices, we require a trade licence for dealing in equestrian sports articles and a separate business questionnaire. In addition, our sales force has the option of inspecting every new application and deleting private consumers, who, although they are registered as a business, have no formal status as specialist dealers, from our customer base in order, by so doing, to protect retail trade from dubious dealers. Appropriate advice and information from our Partners will be processed immediately and confidentially.
The definitive prices are those shown in the euro price lists in our sales documentation plus statutory VAT at the appropriately current rate (except for Exports and shipments within the EU).
Should product or price data inadvertently be incorrect, we reserve the right to rectify these. Our prices are ex-warehouse, excluding freight, postage, packaging and insurance. In the event of a significant change in salaries, materials or energy costs, we are entitled to adjust prices accordingly.
For special manufacturing requirements, we reserve the right to apply a surcharge of at least 20%. Also, special manufacturing requirements must be confirmed in writing and cannot be returned (unless the goods are defective). For major alterations, please obtain an estimate.
Payments are to be made without any deduction by credit transfer or postal order (inland orders). Foreign customers have to pay either COD, or in advance, or by Swift or credit card. No discount can be made on the following articles: horse trailers, coaches, food squeezers, horse walkers, horse boxes, catalogues, pet food (imports), special orders not shown in the catalogue, shop fittings, services or postage and packaging.
Deliveries cannot be made on account. In the event of not meeting the payment deadline, we are entitled to charge interest on arrears at the base lending rate plus 8%. In the event of there being several outstanding demands against our Partner, we decide the demand to which any payment received is to be allocated.
If part of our delivery is defective, the Partner must pay for the part which is free of defects, unless the partial delivery can be shown to be of no interest to him. If our payment conditions are not complied with or evidence of payment known, which reduce the creditworthiness of the Partner, our demands become payable immediately irrespective of the originally agreed payment deadlines. We are also, in this case, entitled to withhold any outstanding services until the Partner has made his payment or provided securities. In addition, we can demand the goods delivered under reservation of title or otherwise dispose of them without this demand being construed as a withdrawal from the Contract or that a claim for damages can be asserted. We are further entitled, and as we freely choose and without setting a deadline, to withdraw either wholly or in part from contracts which are still operational.
Offsetting by the Partner is permissible only provided this involves non-disputed or validly asserted claims against us. Special manufacturing requirements must be paid in advance.
Samples of goods sent must be returned to us within 10 days of receipt. If the return is not made by the due date, the goods will be charged.
5. Reservation of title
goods delivered remain our property until all demands from the
are settled in full.
The Partner is entitled to resell the goods subject to reservation of title in the normal course of business, although he is not granted any right of pledging or assigning these as security. The Partner is bound to protect our rights when reselling the goods subject to reservation of title on credit. He transfers to us the Partner’s demand from the resale of the goods subject to reservation of title; this also applies for the payment balance demand from a current account if the Partner has reached such an agreement with his customer. We hereby accept the transfer. At our request, the Partner has to provide the details necessary to recover the demands and advise his debtor of the transfer; similarly, we are entitled to disclose the transfer.
The Partner has to notify us without delay of third-party compulsory enforcement measures in respect of the goods subject to reservation of title and provide us with the documentation needed for intervention. In the event of non-compliance with this duty, we are entitled to assert all outstanding demands without delay. In addition, we, as well as our agents and members of our staff, are entitled to enter the Partner’s business premises and retrieve the goods subject to reservation. The Partner is responsible for the costs incurred by the retrieval. The Partner undertakes to store the goods subject to reservation of title in due and proper order and provide adequate insurance for them.
We undertake to release the securities due to us at the request of the Partner provided their value exceeds the demands to be secured by more than 20%.
Delivery times are to be taken as merely approximate and are complied with when the goods have left our warehouse before the deadline expires or notification was given that they were ready for shipment.
In the event of early delivery it is this date which is definitive and not the one originally agreed.
Part deliveries and the part provision of services are, in line with usual practice, permissible and will be billed separately (stock-in-hand administration). They are then, as an exception, not permissible if the partial filling of the order is of no interest for the Partner or a corresponding agreement was reached with us.
Both non-binding and binding agreements on delivery times require to be in written form.
For an Express Delivery arrangement within the meaning of § 376 HGB [Commercial Code] it is not sufficient for a delivery time to be set for a particular date on the calendar. What is really required in addition is a statement from the Partner at the time the Contract is being concluded that, in the event of the delivery deadline being overrun, he reserves the right to withdraw from the Contract without setting a further subsequent deadline. In the event of a delivery deadline agreed as binding but not met by us, the Partner can, after the delay has occurred, a warning given and a reasonable subsequent deadline set, assert further rights.
If the Partner, at the time of concluding the Contract, has reserved the right of withdrawal should the delivery deadline agreed as binding not be met, then there is no requirement to set the subsequent deadline. In this case, unless we can be accused of gross negligence or wilful intent, the assertion of claims for compensation is excluded.
The delivery deadline is appropriately extended in the event of force majeure and events which significantly hamper the delivery or make it impossible (e.g. interventions from the Authorities, industrial action, unrest, operational disruption, strike, late delivery by suppliers) and which we could not avert in spite of reasonable diligence under the circumstances. We shall endeavour to notify the Partner of such obstacles without delay. The same applies if the obstacles mentioned occur during the delay.
In the event of damage caused by a hold-up on the part of our Partner, we shall be liable in the event of a delivery delay, not due to wilful intent or gross negligence, for each completed week of delay up to a maximum of 3%, although for a total of not more than 15% of the value of the goods purchased and which cannot be delivered on time because of the delay.
7. Use of PFIFF pictorial material
The copyright and the rights to use PFIFF product photos rest with PFIFF Pfitzner Reitsport GmbH & Co. KG or the stated holders of the rights.
Use of the photos is exclusive – primarily to prevent misleading the consumer – to the presentation of the respective PFIFF products illustrated and then granted only provided an active business relationship exists between us and the user of the photos. Otherwise the use as well as the dissemination of the product illustrations is strictly forbidden and legal action will be taken in the event of any infringements.
The Partner is also instructed to check the product illustrations regularly to make sure they are current and not work with pictorial material which is out-of-date.
7. Risk Bearing
If goods are dispatched at the request of the Partner, then, with the dispatching of the goods, at the latest when they leave the warehouse, the risk involved in any accidental breakage to or deterioration in the goods passes to Partner. This applies irrespective of whether the dispatch of the goods is made from the place of fulfilment or who bears the freight costs. We reserve the choice of the dispatch route and the person appointed to carry out the dispatch. If we see to the transport, the Partner also bears the transport risk provided no other written agreement was reached. If dispatch is deferred at the request of the Partner, he bears the risk for damage or breakage to the goods from the time of the notification of our willingness to attend to the dispatch. The warehouse costs incurred as a result of the deferral are charged at 1% of the amount of the invoice per week begun. The same applies in the event of the Partner’s delaying to accept the goods.
If we have assumed the transport risk, the goods must immediately be inspected by the Partner for any damage, and a written complaint must also be filed immediately and documented with the shipper by submitting a corresponding notification of damage. We reserve the right to inspect the goods by our members of our staff/our agents.
8. Withdrawal from the Contract on the grounds of inability to perform it and delay
If the Partner withdraws on the grounds of a delay which is solely due to simple negligence on our part, he has no claim to compensation.
In the event of protracted non-delivery by our suppliers, both Parties can withdraw from the whole Contract.
In addition, we are entitled to withdraw if the customer is not creditworthy, if he disposes of goods subject to our reservation of title by pledging or assigning them as security, does not deal with these goods in a due and proper manner, if performance without our influence and blame on our part is impeded for us in an impossible or unreasonable manner, or if the customer significantly infringes his contractual obligations. As for the rest, the mutual right of withdrawal is decided in accordance with the provisions of the law.
9. Warranty / Quality Defects
Our Partner is duty bound to meet his obligations on inspections and complaints in accordance with § 377 HGB in a due and proper manner. Obvious defects are to be notified to us without delay and at the latest within 14 days of receipt of the goods; defects which come to light have to be notified in writing without delay as soon as they have come to light.
Otherwise the goods are deemed to be approved. A complaint which is asserted against the sales team, shippers or other third parties, does not constitute a complaint in due time and form. Discrepancies between the articles ordered or delivered as against those on the order, particularly in respect of material and finish, remain expressly reserved within the framework of technical progress and in compliance with the contractually agreed stipulated quality and consistency and, just as in the same way as surface differences resulting from typical use, fading and colour variations (especially on leather products and textiles), do not constitute any defect.
As regards newly manufactured items, claims for defects expire twelve months after delivery has been made by us of the goods delivered to the Partner’s premises; as regards used goods, there is no warranty claim.
Our agreement has to be obtained before returning defective goods. The return shipment has to be delivered free of charge and quote the delivery docket or invoice number; in the case of authorised returns, a credit note of the usual freight costs is issued.
In the case of a transfer of risk if there were a defect in an item, we will, subject to the complaint on the defect being notified within the appropriate deadline and, at our choice, choose whether to repair it or send a replacement. Should subsequent performance not materialise, we are entitled to subsequent performance afresh, again as we see fit. It is only after this second attempt at subsequent performance fails that the Partner can withdraw from the Contract or reduce the payment. Claims for compensation from the Partner remain unchanged.
The Partner cannot demand compensation for futile expenses and loss of earnings.
Claims for defects do not exist in the case of only slight variation from the agreed quality specifications, slight impairment to usability and natural wear and tear or deterioration. If inappropriate modifications and work is carried out by the Partner or third parties, then, similarly, no claims for defects exist for these and the consequences arising therefrom.
The Partner has claims for recourse against us only insofar as he has not made with his customer any agreements in excess of the legal rules and regulations.
We are liable for damage which occurs as a result of a defect in an item only if this can be attributed to at least a seriously negligent infringement of a duty on our part or that of our legal representatives or agents. This also applies to expenses which have been to no avail. The preceding restriction expressly does not apply insofar as liability for damage through the culpable infringement of a duty on our part or that of our legal representatives or agents is based on injury to life or body or damage to health. The Partner has to substantiate the grounds for and extent of damage.
As for the rest, the warranty is determined in accordance with current legal provisions.
10. Exclusion from Liability
As for the rest, our liability as well as that of our legal representatives and agents is limited to wilful intent and gross negligence; This restriction expressly does not apply insofar as liability for damage is based on injury to life or body or damage to health.
In the case of unauthorised returns of goods, we are at liberty to refuse to accept them or charge a flat-rat fee of 25% (minimum 5.20 euros) for processing/restocking.
Acceptance of goods not carriage paid is basically refused.
In the case of the return of saddles, we cannot refund the full purchase price to our Partner if the products appear to show traces of use on the products. The extent of the traces of use and the amount of the reduction will be established by our master saddle department or a specialist appointed by us.
Special finishes – especially customisations and textile finishes – which are made on the instructions of the customer must be confirmed in writing and are non-returnable (except in the case of defective goods). In the case of special finishes we reserve for ourselves a surcharge of at least 20%. Please obtain an estimate for any serious customisation requests.
We cannot accept any liability for the suitability in terms of finishing of textiles sent in if these are the property of third parties and are given to us for finishing, and therefore ask our Partner by means of a written statement to discharge us from liability for any damage due to finishing and/or deterioration which arise not due to any gross negligence or deliberate performance. Without such an exemption from liability, the finishing work on the textile will not be undertaken.
This stipulation also applies to fabric printing and embroidery orders for the execution of which third-party goods are sent in to us by the Partner.
Price changes, technical changes, different colour shadings and changes to details as against the photos shown in the catalogue are reserved.
No liability can be accepted for typing or clerical errors.
In the event of any change in the company name and/or its address and branches or the VAT Registration Number of our Partner, the Partner undertakes to notify us of this new data without delay.
These Terms and Conditions and all legal relations between the Parties are subject to the law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods; this also particularly applies to deliveries outside national borders.
The place of fulfilment for all obligations under the contractual relationship is our place of business.
The jurisdiction for all disputes arising from the contractual relationship as well as its originating and effectiveness will be determined by our place of business.
Amendments and additions to these clauses require to be in written form.
Should individual stipulations within this Contract be/become ineffective or contain a loophole, the other stipulations are not affected thereby. The Parties undertake to reach a legally admissible regulation in place of this ineffective stipulation which comes nearest to achieving the commercial purpose of the ineffective regulation.
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 - 17.00 Outside business hours and if our telephone lines are all at full
Friday 8.00 - 18.30 capacity, a Call Centre will take your orders up to 20.00.
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 Directors Katharina Pfitzner, Klaus Geuecke.