Online-Shop

1. Scope    
1.1.      The following conditions apply to all orders made by us that are not governed by individual contractual regulations.                                                              
1.2.    The supplier can only refer to deviating conditions in its order confirmation if they do not contradict our conditions, or if we have expressly recognized these in writing and in a legally binding manner through signing them.              
1.3.    By accepting our order unconditionally or completing its delivery, the supplier declares their acceptance of our conditions.                                                                                         

2. Orders               
2.1.     Orders will only be issued in writing. The written form is also considered fulfilled by transmission via fax or e-mail.
Oral agreements are only valid if they are individually confirmed in writing. The agreed prices are considered fixed prices.                   
2.2.     The supplier must confirm every order in writing. If it does not do so within the contractually agreed-upon term, or otherwise within 7 calendar days, we will no longer be bound to the order.                              
2.3.     If the supplier’s confirmation deviates from our order, then this will be considered a new offer, and the supplier will be bound to this for 7 calendar days after we receive it.  The supplier must be notified of the deviation. Our acceptance shall also require the written form, or a written confirmation.
2.4.     All details of the order must be treated as strictly confidential. The supplier will likewise obligate its employees to maintain confidentiality. We reserve the right to assert claims for damages in case of any violation.    

3.        Invoices and payment       
Invoices must be sent to the following address:  Mailing address:                                                            Robbe & Berking 
Silbermanufaktur seit 1874 GmbH & Co.KG                                          Zur Bleiche  47                                                     24941 Flensburg  

The invoice must be properly issued and reviewable in accordance with Sec. 14 para. 4 VAT Act for payment.
We will pay invoiced amounts according to the separately negotiated payment conditions.  Unless other payment conditions are agreed, payments will be made within 14 days with a 3% discount. The start of the discount term shall be determined by receipt of goods or receipt of the invoice, if this is received later than the goods.    

4. Deliveries                
4.1.    The agreed delivery term is binding. This does not apply to cases of force majeure resulting from mobilization, war, unrest, etc.                                              
4.2.    Changes to the delivery deadline indicated on the order shall require our approval.                                                              
4.3.    If ordered goods are delivered prematurely in whole or in part without advance notice, we can deny acceptance of such goods and return them at the cost of the supplier. If they are accepted, this will only be done in return for reimbursement of our costs and/or fixing the value date of the invoice.
4.4.    If it is determined that the delivery is not complete, we can request a credit amounting to the purchase price plus costs incurred, or a correction of the invoice in coordination with the supplier, or we can correct the invoice accordingly and immediately reduce our payment.  
4.5.    If the supplier exceeds the agreed binding delivery deadline by more than 7 calendar days, and at least 5 business days (grace period), and is responsible for this delay, then we can 
withdraw from the order or purchase the goods needed to fulfill our delivery obligations from other sources with no further conditions. The supplier shall reimburse any difference in prices or costs which we incur.
4.6.    We reserve the right to assert further claims for damages. We can offset such claims immediately, if the statutory requirements are fulfilled.
4.7.    Fulfillment of the delivery contract can also only be transferred to a third party with our written approval. Claims resulting from a delivery can likewise only be assigned or pledged with our written agreement.  

5. Shipping                    
5.1.    Unless otherwise agreed in the individual case, all shipments are agreed to be free of charge. Shipments must be sent in the agreed packaging. Unless free packaging has been agreed for a shipment, crates will be credited at their full calculated price when returned, at the cost of the supplier. Unless otherwise agreed in writing, charges for packaging, loading and transportation equipment will not be recognized. The current requirements of the packaging directive must be observed. Claims for damages due to improper packaging or packaging that does not meet specifications, and the quality of the delivery, shall remain unaffected.
5.2.    The supplier must ensure that the delivery documents are proper and complete, and all documents must be marked with our order and item numbers.
If deeds are to be used (such as transport tickets, certificates of origin, supplier declarations, etc.), the supplier will review these to ensure they are genuine.

6. Defect complaints                
6.1 In deviation from Sec. 377 et seqq. HGB (German Commercial Code), defect complaints shall be considered promptly received if they are asserted within 2 weeks after goods are delivered.
    If a defect is hidden, we are obligated to submit a complaint within 8 days of discovering it.
6.2.    We will either ship defective goods back to the supplier at its cost, or store them at its cost until pickup within an agreed term.
If a supplier is not able to independently correct the defects, or if an agreed deadline for corrections is not met, we can correct the defects at the supplier's cost.                                    
6.3.    The limitation period of Sec. 477 para. 1 BGB (German Civil Code) does not apply. Instead, the period shall be 24 months after delivery, and shall begin with each respective delivery for partial deliveries.
6.4.    The supplier shall be liable for all costs resulting from legitimate defect complaints.                    

7. Guarantee / third party property rights        
7.1.    The supplier shall ensure that delivered goods fulfill all required properties. If an assured property is not provided, or if there are any other faults in the delivered goods, we can request a replacement delivery, correction, reduction, conversion or claims for damages due to non-fulfillment, at our discretion and if the statutory requirements are met.
7.2.    Upon request, required certificates (such as for goods, for which safety must be confirmed) must be provided to us (including supplier declarations, certificates of origin, conformity declarations, and similar). 
7.3.    In particular, the supplier must observe the provisions of he Product Liability Act and relevant regulations in other countries or in the European Union, in particular providing notification of the specific hazards posed by its products in a manner that is clear to consumers. If claims for damages resulting from personal injury, property damage and/or pecuniary losses are asserted against us due to a product fault, 
then the supplier shall release from all such claims if it is responsible for the error that resulted in the liability. This also applies if the supplier/manufacturer observes our suggestions in the design or construction, and has not informed us in writing of the relevant special risks.
7.4.    If a claim is made against us under copyright law or due to other violations of (protected) rights, then the supplier must release us from such claims if it is responsible for the violation. If the claims are asserted in court, it must promptly pay a security in the asserted amount through a banking security. This also applies if the supplier observes our suggestions, and did not promptly inform us in writing of the legal violations which it believed still existed. 

8. Contractual penalty
8.1.    If our ordered goods are not delivered on time (for fixed date transactions) or by the end of the grace period according to clause 4.5, then the supplier is obligated to pay a contractual penalty of 0.5% per calendar day if it is culpable for the issue, and a maximum total of 30% of the value of the challenged delivery.   
8.2.    We reserve the right to assert further claims for damages.                                                                                                                                                                                                         

9.  Data protection               
Our data protection guidelines are amongst others available online on our company website www.robbeberking.de .
10. Place of fulfillment, place of jurisdiction, general provisions
10.1.    The place of fulfillment is the headquarters of the customer, or the location to which the supplier is expected to deliver goods.
10.2.    Even for international orders, only the law of the Federal Republic of Germany shall apply, excluding UN Sales Law (CISG). In particular, any reference to other international commercial law regulations is excluded, with the exception of the current Incoterms.
10.3.    The place of jurisdiction is the headquarters of the customer.
10.4.    Amendments, supplements and other ancillary agreements to these conditions shall require the written form to be valid.
10.5.    If individual provisions of these Purchasing Conditions are or become invalid, this shall not affect the validity of the remaining provisions.
The invalid provision must be supplemented or modified so as to achieve the economic purpose intended with the invalid regulation.

11.  Trade secrecy/advertisement
11.1. The supplier is obligated to treat our orders and all associated commercial and technical information as trade secrets.

11.2.   The supplier may only refer to its business relationship with us in its advertisements if we have agreed to this in writing.

12.  Partial invalidity
If a provision of these Purchasing Conditions is null and void for any reason, this shall not affect the validity of the remaining provisions.


13.     Production materials
Production materials provided by us to the supplier, such as models, prototypes, tools, drawings and similar, or manufactured by the supplier according to our specifications, may not be sold, pledged or disclosed to third parties, or otherwise used on behalf of third parties. The same applies to objects manufactured with these production materials. They may only be delivered to us, unless we have declared our agreement to another use in writing.            

    If a defect is hidden, we are obligated to submit a complaint within 8 days of discovering it.
6.2.    We will either ship defective goods back to the supplier at its cost, or store them at its cost until pickup within an agreed term.
If a supplier is not able to independently correct the defects, or if an agreed deadline for corrections is not met, we can correct the defects at the supplier's cost.                                    
6.3.    The limitation period of Sec. 477 para. 1 BGB (German Civil Code) does not apply. Instead, the period shall be 24 months after delivery, and shall begin with each respective delivery for partial deliveries.
6.4.    The supplier shall be liable for all costs resulting from legitimate defect complaints.                    

7. Warranty             
7.1.    The supplier shall ensure that delivered goods fulfill all required properties. If an assured property is not provided, or if there are any other faults in the delivered goods, we can request a replacement delivery, correction, reduction, conversion or claims for damages due to non-fulfillment, at our discretion and if the statutory requirements are met.
7.2.    Upon request, required certificates (such as for goods, for which safety must be confirmed) must be provided to us. 
7.3.    In particular, the supplier must observe the provisions of he Product Liability Act and relevant regulations in other countries or in the European Union, in particular providing notification of the specific hazards posed by its products in a manner that is clear to consumers. If claims for damages resulting from personal injury, property damage and/or pecuniary losses are asserted against us due to a product fault, 
    10. Place of fulfillment, place of jurisdiction, general provisions

10.1.    The place of fulfillment is the headquarters of the customer, or the location to which the supplier is expected to deliver goods.
10.2.    Even for international orders, only the law of the Federal Republic of Germany shall apply, excluding UN Sales Law (CISG). In particular, any reference to other international commercial law regulations is excluded, with the exception of the current Incoterms.
10.3.    The place of jurisdiction is the headquarters of the customer.
10.4.    Amendments, supplements and other ancillary agreements to these conditions shall require the written form to be valid.
10.5.    If individual provisions of these Purchasing Conditions are or become invalid, this shall not affect the validity of the remaining provisions.
The invalid provision must be supplemented or modified so as to achieve the economic purpose intended with the invalid regulation.

11.  Trade secrecy/advertisement

11.1. The supplier is obligated to treat our orders and all associated commercial and technical information as trade secrets.

11.2.   The supplier may only refer to its business relationship with us in its advertisements if we have agreed to this in writing.

12.  Partial invalidity

If a provision of these Purchasing Conditions is null and void for any reason, this shall not affect the validity of the remaining provisions.