1. Scope and provider

These General Terms and Conditions apply to all contracts concluded between Stock Continent e.K., Industriestraße 1, 55487 Sohren, Germany (Commercial Register: HRA 20937, Amtsgericht Bad Kreuznach; VAT ID: DE244349359; Phone: +49 6543 81 81 811; E-mail: info@stockcontinent.com) (hereinafter “the provider”, “we” or “us”) and its customers (hereinafter “the customer” or “you”).

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

Towards entrepreneurs: if the entrepreneur uses conflicting or supplementary general terms and conditions, their application is hereby objected to; they only become part of the contract if we have expressly agreed to them.

2. Nature of our service — quotation model, not an online shop

We are a wholesale supplier. Our website presents our categories and products for information purposes only. The presentation of goods on our website does not constitute a binding offer; it is an invitation to you to request a quotation.

There is no shopping cart, checkout or “buy now” function. Orders are not placed through an automated online shop. Instead, contracts are concluded through an individual quotation process as described in clause 3.

3. Conclusion of contract

A contract is concluded as follows:

(a) You send us an enquiry — via our contact form, by e-mail or by telephone — describing the goods you are interested in (e.g. mixed pallets, a specific category or an individual lot), together with quantities and your target market where possible.

(b) We send you a quotation containing the specific goods, prices, availability and lead times. This quotation is our binding offer and is valid for the period stated therein.

(c) A contract is concluded when you accept our quotation, e.g. by confirming it in writing (by e-mail) or by making payment in accordance with the quotation. We confirm the order by e-mail.

You can correct input errors in your enquiry at any time before sending it, or by contacting us directly. As our process is handled personally, there is no automated ordering screen to correct.

4. Contract language, storage of contract text

The languages available for the conclusion of the contract are German and English. We store the contract data (your enquiry, our quotation and the order confirmation) and send you the order data and these GTC in text form (e.g. by e-mail). The contract text is not separately accessible via a customer login.

5. Prices and shipping costs

All prices are net prices and are stated in the quotation. Statutory VAT is added where applicable; for cross-border deliveries within the EU and to third countries, the applicable tax rules (e.g. reverse charge, export deliveries) apply and are shown on the invoice. Shipping costs are stated separately in the quotation and depend on volume, weight and destination.

6. Terms of payment

The following payment methods are generally available:

• Payment in advance (bank transfer): After we have sent the invoice containing our bank details by e-mail, the invoice amount is to be transferred to the account stated therein. We dispatch or release the goods after receipt of payment.
• Cash on pickup: Where individually agreed, the invoice amount may be paid in cash upon collection at our premises.

Other payment methods are not available unless expressly agreed. Payment is due from the invoice date without deduction. If the customer fails to pay by the due date, the customer is in default without any further reminder being required.

7. Delivery / collection

Goods are dispatched after confirmed receipt of payment. We deliver throughout Europe and to destinations outside Europe; the delivery time is stated in the quotation. Collection at our premises in Sohren is possible by prior appointment during our business hours (Mon–Fri, 08:00–17:00). We do not deliver to parcel lockers.

If we are prevented from delivering by a continuing obstacle beyond our control, in particular force majeure or the failure of our own suppliers to deliver despite a congruent hedging transaction, we are entitled to withdraw from the contract. We will inform you immediately and refund any payments already made without delay.

8. Retention of title

The goods remain our property until payment has been received in full.

For entrepreneurs the following also applies: we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale in the amount of the invoice value, and we accept this assignment. You remain authorised to collect these claims; we may, however, also collect the claims ourselves if you fail to meet your payment obligations.

9. Transport damage

For consumers: if goods are delivered with obvious transport damage, please report such faults to the carrier as soon as possible and contact us without delay. Failure to make such a complaint or to contact us has no consequences for your statutory rights or their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurer.

For entrepreneurs: the risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the forwarder, carrier or other person or institution designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects under Sect. 377 German Commercial Code (HGB) applies. If you fail to give the notice provided for therein, the goods are deemed approved, unless the defect was not recognisable during the inspection. This does not apply if we fraudulently concealed a defect.

10. Warranty / liability for defects

Unless expressly agreed otherwise below, the statutory law on liability for defects applies.

Most of our goods are used, returned, or mixed-grade stock and are sold as such; their condition is described in the quotation and accompanying documentation (e.g. packing lists, grade indication). The agreed condition of the goods is determined by our own descriptions and the documentation provided, not by public statements of any manufacturer.

For consumers buying used goods: the statutory limitation period applies. A shortening of this period to one year for used goods is only effective if you have been expressly and separately informed of the shortening before submitting your contractual declaration, and the shortening has been expressly and separately agreed (Sect. 476 (2) German Civil Code). A general clause in these GTC alone is not sufficient for this; any such shortening towards consumers requires a separate, explicit confirmation during the quotation process.

For entrepreneurs: the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods to entrepreneurs is carried out under exclusion of any warranty. Statutory rights of recourse under Sect. 445a German Civil Code (BGB) remain unaffected. Where goods are defective, we will, at our discretion, provide subsequent performance towards entrepreneurs either by remedying the defect or by delivering goods free of defects.

The above limitations and shortened periods do not apply to claims for damages arising from injury to life, body or health; from intentional or grossly negligent breach of duty or fraud; from breach of essential contractual obligations (cardinal obligations); within the scope of a guarantee given; or insofar as the German Product Liability Act applies.

11. Liability

For claims for damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the event of injury to life, body or health; in the event of intentional or grossly negligent breach of duty; within the scope of a guarantee given; and insofar as the German Product Liability Act applies.

In the event of a breach of essential contractual obligations (cardinal obligations) — obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the contracting party may regularly rely — through slight negligence by us, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage typical for this type of contract. In all other respects, claims for damages are excluded.

12. Reference to customers

If the customer is an entrepreneur, we reserve the right to name the customer publicly as a reference. The customer may object to this public reference at any time with effect for the future.

13. Dispute resolution

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Language, applicable law and jurisdiction

These terms and the contract are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the law of the country of their habitual residence. For disputes with customers who are merchants, legal entities under public law or special funds under public law, the place of jurisdiction is our registered office in Sohren.