Terms and conditions

Terms and Conditions

  • Terms of delivery and payment
    Our terms of delivery and payment apply exclusively; we do not accept conditions of the customer that are contrary to or deviate from our sales conditions, unless we have expressly agreed to their validity.
  • Place of performance and jurisdiction
    Place of performance and jurisdiction is Mainz. All legal relationships between customers and Ditsch are exclusively subject to the law of the Federal Republic of Germany, excluding the conflict of laws of international private law and the UN Sales Convention (CISG).
  • Written form/Nullity clause
    Deviations from these conditions as well as other agreements are only valid if they are confirmed in writing by Ditsch. Should individual provisions of these conditions be invalid, the other provisions shall not be affected thereby.
  • Warranty
    Visible defects and quantity deviations must be confirmed in writing by the carrier immediately upon acceptance of the goods. In addition, the customer must check the goods immediately after receipt to a reasonable extent and report any defects immediately after detection. The goods must be stored and handled properly until they can be re-examined. In the event of justified complaints, the customer can demand the delivery of defect-free goods. If subsequent performance fails, the customer is entitled to withdraw or reduce at his option.
  • Retention of title

    Retention of title pursuant to Section 449 of the German Civil Code (BGB) makes Ditsch assert all claims (including all balance claims from current accounts) that Ditsch has against the customer now or in the future for all goods delivered until all claims have been fulfilled. The customer may dispose of the goods in the ordinary course of business as long as he is not in default of payment. Pledges or security transfers are not permitted. The claims arising from the resale with regard to the goods subject to retention of title (including all balance claims from current accounts) are hereby assigned by the customer to Ditsch in full for security purposes.
    The customer is authorized to collect the claims assigned to Ditsch in his own name. The collection authorization can be revoked if the customer does not properly fulfill his payment obligations. In the event of third-party access to the goods subject to retention of title, the customer will point out Ditsch's ownership and notify Ditsch immediately. In the event of a breach of contract by the customer - in particular default of payment - Ditsch is entitled to repossess the goods subject to retention of title or to claim compensation. At Ditsch's request, it will release the securities given at its own discretion, provided that their value exceeds Ditsch's claims by more than 10% on a sustainable basis.

  • Terms of payment

    Unless otherwise contractually agreed, goods deliveries are to be paid in advance. Invoices are payable within five days of the invoice date without deduction, unless otherwise agreed. Offsetting or exercising rights of retention is only permissible with legally established or undisputed counterclaims. In the event of payment after the due date, bank interest customary in the banking industry will be charged from the due date. The acceptance of checks is only for payment purposes.
    If a contractual agreement deviating from prepayment has been made, Ditsch is entitled, in the event of a deterioration in the customer's financial situation or in the event of any other endangerment of the payment claim, even after prior confirmation of the order, to demand security or prepayment of the invoice amount at its own discretion. In addition, Ditsch can make all open claims payable immediately in such cases. Deterioration of the financial situation is understood by Ditsch, in addition to the announcement of insolvency or composition proceedings, in particular also as exceeding deadlines for other claims.

  • Default of acceptance
    If the customer is in default of acceptance, Ditsch can withdraw from the contract and claim damages after the expiry of a grace period of a maximum of 14 days.
  • Delivery
    Delivery dates specified unilaterally by Ditsch are non-binding. In these cases, a reminder is required to justify a delivery delay. Deliveries are made "FCA" (Incoterms 2020) from our respective warehouse.
  • Transfer of risk
    The risk passes on delivery by Ditsch or by freight forwarders commissioned by Ditsch upon handover at the place of destination or upon collection by the customer or vehicles acting on his behalf, if the goods have left the loading area or loading ramp of Ditsch.
  • Right of withdrawal
    We are entitled to withdraw if unavoidable obstacles in the procurement of raw materials and force majeure events (e.g. insufficient harvest, transport difficulties, official orders, strikes, lockouts, unforeseen operational disruptions, energy shortages, traffic disruptions) have occurred and these are not only temporary. Claims for damages are excluded in this case.
  • Prices

    The prices are based on the price list valid on the day of delivery - subject to change.
    Unless otherwise contractually agreed, the agreed prices apply "FCA", plus packaging/pallets and transport costs. The minimum order quantity per delivery stop is two full pallets of the same type.

  • Offer
    All offers are non-binding, unless expressly stated otherwise. Orders are only considered accepted when they have been confirmed by Ditsch. The delivery of the goods also constitutes confirmation.
  • Note pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG):
    We will not participate in a dispute resolution procedure before a consumer dispute resolution body within the meaning of the VSBG and are not obliged to do so.