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agrardiscount.com is an website from the company Agrimarkt Aktion GmbH
I. General conditions

Section 1 area of application

(1) The following general terms and conditions will apply for all business relations with the company Agrimarkt Aktion GmbH. These conditions apply for all customers within Europe.

(2) The general terms and conditions of section 4 to section 10 do apply exclusively for companies, bodies corporate organized under public law or separate assets under public law which are entering into business relations with the company Agrimarkt Aktion GmbH, in the sense of section 310 subsection 1 BGB (German Civil Code). Section 11 to section 16 does apply for business relations with private consumers.

(3) We will only accept differing or contradictory conditions to these general terms and conditions, if we have given authorization explicitly in written form and in advance for individual cases.

Section 2 applying law, place of jurisdiction and place of fulfilment

(1) This contract and all legal relations of the parties are subject to the German law under exception of the United Nations Convention on Contracts for the International Sale of Goods.

(2) Place of fulfilment and exclusive place of jurisdiction and for all conflicts arising from this contract is our business location. (coburg, Germany)

(3) Should particular regulations of this contract be invalid or become invalid or include a gap, all other regulations remain untouched by this. The parties oblige to agree on a regulation in place of the invalid regulation which is legally valid and comes as close as possible to the economic intent or rather fills this gap and is subject to German law.

(4) Customers who do not have their domicile in Germany accept the German law as a basis for the sales contract to the full extent. Should irreconcilable differences arise between the company Agrimarkt Aktion GmbH and its customers and legal assistance will be required, this should only take place at the business location of the company Agrimarkt Aktion GmbH.

Section 3 committed documentation

We reserve the rights to title and copyrights for all kinds of documentation like brochures, drawings etc. which have been left to the customer in relation with placing of orders. All kinds of documentation are not to be made accessible to third parties. This is only possible if we give our explicit authorization to the customer in written form.

II General Terms and Conditions for business customers of the company Agrimarkt Aktion GmbH

Section 4 offer and conclusion of contract

The order placed by the customer means the filing of a bid. Through the confirmation of Agrimarkt Aktion GmbH by email no automatic acceptance of the bid is granted. Only after checking the creditworthiness of the customer and provided that the required goods are available the bid will be accepted. The bid is then normally accepted by the shipping of the ordered goods.




Section 5 prices and payment

(1) If there is no other contradictory written agreement our prices are ex works including packaging, exclusive of VAT (value added tax) which differs for each country of destination as per the following schedule (link).

(2) The payment of the purchase price has to be made as agreed either by bank transfer (on open invoice or in advance) or by bank draft. The deduction of a trade discount is only permitted if written authorization has been granted by the company Agrimarkt Aktion GmbH in advance.

(3) If no other agreements exist the purchase price has to be paid within 30 days of delivery of the goods. Default interest of 10 % p.a. will be charged according to section 288 BGB (German civil code). We reserve the assertion of higher default damages. The default interest will be charged from the second dunning level on.

(4) If no agreement for a fixed price has been made, we reserve the right to adequate price changes because of different labor, material and distribution costs for deliveries that are made one month or later after conclusion of the contract.

Section 6 offset and retention of goods

The customer has only got the right to offset if the counterclaims have been legally proved or are indisputable. The customer is only authorized to exercise his right to retention of goods in so far as his counterclaims are based on the same contract relationship.

Section 7 delivery times

(1) Available goods will normally be shipped within 3 working days after checking the creditworthiness of the customer. The start of delivery time given by ourselves implies the timely and duly fulfilment of the customers obligations. The right to exception of the contract which has not been fulfilled remains reserved.

(2) Should delays in delivery arise due to a cause out of our control, only the party responsible for this delay can be held responsible.

(3) If the customer falls behind with acceptance of the goods or culpably violates other obligations to co-operate, we have the right to claim damages for the damage that arises through this and possible additional expenditures. Further claims remain reserved. If the aforementioned conditions apply, the perils of accidental perishing or accidental deterioration of the purchased goods are transferred to the customer once he gets into default of acceptance or debtor's delay.

Section 8 transfer of perils at shipment

With the shipping of the goods to the customer, at the latest when leaving the warehouse the perils of accidental perishing or accidental deterioration of the goods are transferred to the customer according to section 447 BGB (German civil code). This applies independently, no matter if the shipment takes place at the place of fulfilment or who pays for the shipping costs.




Section 9 retention of title

(1) We reserve the right to title of the delivered goods until full payment of all claims from the delivery contract has been made. This applies as well for all future deliveries, even if we do not always explicitly invoke it. We are entitled to take back the goods if the customer behaves contrary to the contract.

(2) The customer is obliged to handle the purchased goods with care as long as the title to the goods has not been transferred to him yet. The customer is especially obliged to insure the goods at his own expense sufficiently against theft, fire and water damage for the reinstatement value. As long as the title to the goods has not been transferred, the customer has to inform us in immediately and in written form if the delivered item has been seized or is exposed to other interferences of a third party. If the third party is not able to refund us with the legal charges and the extrajudicial charges of a claim according to section 771 ZPO (Code of Civil Procedure) the customer is liable for our loss.

(3) If the amalgamation of the goods takes place in a way that the item of the customer is to be seen as the main item, it is agreed that the customer will transfer joint ownership pro-rata to us and that the in this way originated wholly owned goods or jointly owned goods are kept safe for us by the customer. To secure our claims against the customer the customer will assign such claims to us, which originate to him by the combination of the retained goods with real estate against a third party; we already accept this assignation now.

Section 10 warranty and notification of defects as well as recourse/regress

(1) The rights to warranty of the customer imply that he has duly fulfilled his duties of inspection, notification and rejection according to section 377 HGB (Commercial Code).

(2) Before a possible return of the goods approval from our side is needed.

(3) We cannot grant warranty regarding the material of goods of natural origin because of unswayable quality. This concerns as well the processing of the goods.

(4) Should the delivered goods, despite the dedicated care , show an obvious defect, which has already been existent at the transfer of perils we will at our discretion and subject to due notification of the defect repair or replace the goods. We have to have the opportunity of supplementary performance within an appropriate period of time. Contribution claims remain untouched without restraints by the aforementioned regulations.

(5) There won't be any deficiency claims because of insignificant discrepancies of the agreed quality, insignificant curtailing of the usability, because of natural abrasion or wear and tear as for damages which have occurred through incorrect or negligent usage, excessive exposure or inappropriate equipment or because of special external influences which are not provided according to this contract. For the results of improper processing or improper changes by the customer or a third party no deficiency claims are possible.

(6) Claims of the customer for expenditures for the purpose of supplementary performance especially travel and transport charges, labour and material costs are not possible.




II General Terms and conditions for private customers of the company Agrimarkt Aktion GmbH

Section 11 offer and conclusion of contract

The order placed by the customer means the filing of a bid. Through the confirmation of Agrimarkt Aktion GmbHby email no automatic acceptance of the bid is granted. Only after checking the creditworthiness of the customer and provided that the required goods are available the bid will be accepted. The bid is then normally accepted by the shipping of the ordered goods.

Section 12 Prices and payment

(1) All prices for the end customer are including VAT and packaging

(2)The payment of the purchase price will be made through PayPal or by bank transfer in advance without deduction of a trade discount.

(3) Additionally to the calculated purchase prices there will be different shipping costs depending on the country of destination and on the size of the order. Please check the following schedule (link).

Section 13 offset and retention of goods

The customer has only got the right to offset if the counterclaims have been legally proved or are indisputable. The customer is only authorized to exercise his right to retention of goods in so far as his counterclaims are based on the same contract relationship.

Section 14 delivery time

(1) If the ordered items are in stock the delivery time normally is 5 working days. In case of special orders, unusual amounts or similar the customer will be informed about the estimated delivery time.

(2) If the customer falls behind with acceptance of the goods or culpably violates other obligations to co-operate, we have the right to claim damages for the damage that arises through this and possible additional expenditures. Further claims remain reserved. For the customer it remains reserved to prove that the damage of the claimed amount has not occurred or at least is worth significantly less. The perils of accidental perishing or accidental deterioration of the purchased goods are transferred to the customer once he gets into default of acceptance or debtor's delay.

Section 15 retention of title

(1) We reserve the right to title of the delivered goods until full payment of all claims from the delivery contract has been made.

(2) The customer is obliged to handle the purchased goods with care as long as the title to the goods has not been transferred to him yet. The customer is especially obliged to insure the goods at his own expense sufficiently against theft, fire and water damage for the reinstatement value.

(3) The handling and processing or alteration of the purchased item by the customer is always at the customers own risk and excludes returns or warranty claims.



Section 16 Returns

(1) Before returning goods, no matter for which reason, the company Agrimarkt Aktion GmbH has to be informed by the customer about the return. The organization and costs for the return will be at the expense of the company Agrimarkt Aktion GmbH. If the value of the returned goods does not exceed 40 Euros the costs for the return are at the expense of the customer.

Phone: +49-521-329962-30
Fax: +49-521-329962-39
Mail: info@agrardiscount.com

(2) Our customers have the right of revocation within 14 days after they have got the orderd goods. This regulation only refers for private, final customers. Within the stated period the customer has to inform the company Agrimarkt Aktion GmbH about using the right of revocation.

Section 17 Warranty and notification of defects

(1) Obvious defects have to be reported to us by the customer immediately and in written form. The concerned items will be replaced or refunded if the claims are legitimate.

(2) Damage claims because of the defect and to the following conditions can only be asserted if the supplementary performance has failed or the refund for the amount paid has not been received.

(3) We are liable according to the legal regulations of the German law.

January, 2012

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