General Terms and Conditions
§1 Scope of application / definitions
- Scope of application
These General Terms and Conditions shall apply exclusively to all offers, deliveries, and other services. Deviating terms and conditions of the customer shall not be recognized unless expressly confirmed by us in writing. All offers, deliveries, and other services are provided in accordance with the General Terms and Conditions valid on the date the order is placed. - Definitions
a. Consumers within the meaning of these General Terms and Conditions are natural persons who enter into a business relationship without this being attributable to a commercial or self-employed professional activity (§ 13 German Civil Code – BGB).
b. Entrepreneurs within the meaning of these General Terms and Conditions are natural or legal persons or legally capable partnerships who enter into a business relationship and carry out a commercial or self-employed professional activity (§ 14 German Civil Code – BGB).
c. Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
§2 Offers and conclusion of contract
- a. All offers are subject to change and non-binding. As an entrepreneur, you are obliged to inform yourself independently about the current terms and conditions. Please therefore pay attention to all updates (notifications are provided by email, information mailings, invoice enclosures, via partner login, or are freely accessible on our website) and contact us in case of doubt. If you have access to the partner login, you can always retrieve the current terms and prices online.
b. By placing an order, the customer submits a binding offer to conclude a contract. We will promptly confirm receipt of the order. This confirmation of receipt does not constitute acceptance of the offer. The confirmation of receipt may be combined with the declaration of acceptance.
c. We are entitled to accept the contractual offer contained in the order within five business days after receipt.
d. The conclusion of the contract is subject to correct and proper self-supply. In the event of non-availability or only partial availability of the service, the customer will be informed immediately. Any consideration already paid will be refunded without delay.
e. The contract text is stored by us and will be sent to the customer by email after conclusion of the contract together with these General Terms and Conditions.
§3 Prices
Our prices are ex works. Prices for entrepreneurs are stated exclusive of statutory VAT; prices for consumers include statutory VAT. Invoicing is carried out including the VAT applicable in the Federal Republic of Germany at the time of invoicing. The VAT amount is shown separately on the invoice. Shipping and transport costs (see also § 8), unless expressly agreed otherwise, shall be borne by the customer. Shipping costs for consumers are clearly indicated on the product pages, in the shopping cart system, and on the order page and are shown separately on the invoice.
§4 Payment terms
Payment for goods may be made by direct debit or advance payment. Separate conditions may apply for entrepreneurs. These special conditions (wholesale terms, dealer terms, discount terms, etc.) may be granted or denied depending on the method of payment. Mühldorfer Nutrition Holding GmbH and/or Mühldorfer Nutrition GmbH reserve the right to exclude certain payment methods in individual cases.
§5 Retention of title
The delivered goods shall remain our property until the purchase price has been paid in full. For entrepreneurs, the retention of title shall apply until all claims arising from the business relationship have been settled (in the case of payment by cheque or bill of exchange until encashment).
§6 Extended and prolonged retention of title for entrepreneurs
- a. The purchaser is entitled to resell the goods in the ordinary course of business; however, the purchaser hereby assigns to us all claims in the amount of the final invoice amount (including VAT) arising from the resale against customers or third parties, irrespective of whether the goods have been resold without or after processing. The purchaser remains authorized to collect these claims even after assignment. Our right to collect the claims ourselves remains unaffected. However, we undertake not to collect the claims as long as the purchaser meets their payment obligations, is not in default, and no application for insolvency proceedings has been filed or payments suspended. If this is the case, we may require the purchaser to disclose the assigned claims, provide all necessary information, hand over relevant documents, and notify the debtors of the assignment.
b. Processing or transformation of the goods by the purchaser shall always be carried out on our behalf. If the goods are processed together with other items not owned by us, we shall acquire co-ownership of the new item in proportion to the value of the goods (final invoice amount including VAT) to the other processed items at the time of processing. The same shall apply to the item resulting from processing as to the goods delivered under retention of title.
c. In the event of seizure or other interference, the purchaser must notify us immediately in writing so that we may bring an action pursuant to § 771 German Code of Civil Procedure (ZPO). If the third party is able to reimburse the judicial and extrajudicial costs, the purchaser shall be liable for any loss incurred.
§7 Delivery times
Delivery shall be made as quickly as possible. Orders are dispatched within 2–5 business days. Fixed delivery dates require our express written confirmation.
§8 Shipping, shipping costs, return costs in case of withdrawal, and transfer of risk
Delivery is agreed “ex works.” If the customer is an entrepreneur, they shall bear the transport costs at their own responsibility. Responsibility for transport lies with the entrepreneur even if Mühldorfer Nutrition Holding GmbH and/or Mühldorfer Nutrition GmbH commissions a freight forwarder for logistical reasons. Shipping costs for consumers are clearly indicated on the product pages, in the shopping cart system, and on the order page. If the consumer exercises the right of withdrawal, the consumer shall bear the regular return costs if the delivered goods correspond to the ordered goods and if the price of the returned item does not exceed EUR 40, or if, in the case of a higher price, the consumer has not yet provided consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return shipment shall be free of charge for the consumer. For entrepreneurs, the risk passes to the buyer upon handover to the carrier or freight forwarder. We assume no liability for proper and timely execution of the delivery by the carrier or freight forwarder. Complaints must be addressed directly to the carrier or freight forwarder. For consumers, the risk passes only when the goods are handed over to the consumer.
§9 Warranty
We warrant that the goods sold are free from material and manufacturing defects at the time of transfer of risk and have the contractually agreed characteristics. Upon receipt, entrepreneurs must immediately inspect the goods for defects and condition. Any defects or shortages should be noted on the delivery note, confirmed by the carrier, and forwarded to Mühldorfer Nutrition Holding GmbH and/or Mühldorfer Nutrition GmbH promptly. Obvious defects must be reported in writing within 14 days of discovery. Otherwise, warranty claims for such defects shall lapse.
§10 Consumer right of withdrawal
Right of withdrawal
Withdrawal instruction
You may revoke your contractual declaration within 14 days without stating reasons in any form (e.g., by letter, fax, email) or—if the goods are provided before the deadline—by returning the goods. The period begins upon receipt of this instruction in text form, but not before receipt of the goods by the recipient and not before fulfillment of our statutory information obligations. Timely dispatch of the withdrawal or the goods is sufficient to meet the deadline.
The withdrawal must be addressed to:
Mühldorfer Nutrition Holding GmbH and/or Mühldorfer Nutrition GmbH
Edisonstraße 11, 84453 Mühldorf am Inn, Germany
Phone: +49 (0) 8631 / 988 22 0
Fax: +49 (0) 8631 / 988 22 55
Email: info@muehldorfer-group.com
Internet: www.muehldorfer-group.com
Consequences of withdrawal
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived must be surrendered. If you cannot return the goods in whole or in part or only in deteriorated condition, you must compensate us accordingly. This may result in you having to fulfill contractual payment obligations until withdrawal. Compensation is only owed if the deterioration or use exceeds examination of characteristics and functionality.
Goods suitable for parcel shipment are to be returned at our risk. You shall bear the regular return costs if the goods correspond to the order and the price does not exceed EUR 40, or if no payment has yet been made at the time of withdrawal. Otherwise, returns are free of charge. Obligations to refund payments must be fulfilled within 30 days.
End of withdrawal instruction
§11 Limitation of liability
- a. In cases of slight negligence, our liability is limited to the foreseeable, contract-typical average damage. This also applies to breaches by legal representatives or agents. Towards entrepreneurs, we are not liable for slight negligence in the breach of non-essential contractual obligations.
b. These limitations do not apply to claims arising from product liability, bodily injury, health damage, or loss of life.
§12 Applicable law / jurisdiction / place of performance
- a. These Terms are governed by the laws of the Federal Republic of Germany. For consumers, this applies only insofar as mandatory consumer protection provisions of their country of residence are not overridden. The UN Convention on Contracts for the International Sale of Goods is excluded.
b. If the customer is a merchant or legal entity under public law, jurisdiction lies with the court at the supplier’s registered office or the competent commercial court.
c. Unless otherwise stated, the place of performance for entrepreneurs is our registered office.
§13 Final provisions
If any provision of this agreement is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
§14 Management and address
Mühldorfer Nutrition Holding GmbH and Mühldorfer Nutrition GmbH
Management: Klaus Mittermeier (Managing Director, CEO), Andreas Altermann (Managing Director, COO)
Registered Office: Mühldorf am Inn, Germany
Business Address (for complaints and returns):
Mühldorfer Nutrition Holding GmbH and Mühldorfer Nutrition GmbH
Edisonstraße 11
84453 Mühldorf am Inn, Germany
§15 Alternative dispute resolution
The EU Commission provides an online dispute resolution platform at: ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
