Information according to § 5 TMG:
JB GERMAN OIL GmbH
Wölzower way 13 – 19
|+49 (0) 38852 – 90620
|+49 (0) 38852 – 906220
Represented by the managing directors:
Wölzower way 13 – 19
Schwerin Local Court HRB 14463
JB GERMAN OIL GmbH
Managing Director: Jürgen Baumgarten
The European Commission provides a platform for online dispute resolution (OS). You can reach them at https://ec.europa.eu/consumers/odr
GTC (Status August 2021)
(a) The following terms and conditions (“GTC”) apply to all deliveries and services of JB GERMAN OIL GmbH (“Seller”) to its customers (“Buyer”), unless otherwise agreed in writing. Any other terms and conditions of the buyer are expressly rejected.
(b) A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a contract with the Seller for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). An entrepreneur is any natural or legal person or partnership with legal capacity who, at the time of concluding the contract with the Seller, is acting in the exercise of his commercial or independent professional activity (§ 14 BGB). Orders using means of distance communication within the meaning of these GTC are orders placed by the consumer with the seller online, by e-mail, telephone or letter/fax.
2. conclusion of contract
(a) Offers of the Seller are subject to change. They contain the invitation to the buyer to submit an offer. Orders of the buyer are binding for the buyer. In the case of an order by consumers by means of distance communication, the receipt of the order will be confirmed immediately. This order confirmation does not constitute a binding acceptance of the order. The acceptance of the order takes place by transmission of a separate purchase confirmation. If the Buyer is not a consumer, the invoice shall be deemed to be a declaration of acceptance, unless otherwise confirmed in writing by the Seller.
(b) Consumers have the right to revoke the contract within 14 days in the case of distance contracts (orders using means of distance communication). In the case of heating oil orders placed at a distance, revocation is excluded.
(c) The Buyer may retrieve, print and save these GTC prior to the conclusion of the contract at www.jb-germanoil.de. They are also sent to the buyer, who is a consumer, as an attachment to the purchase confirmation.
3. quality, delivery quantity
(a) The Seller shall only owe products of customary quality. The quality is primarily determined by the written agreement between the seller and the buyer. In the absence of such an agreement, the description in the Seller’s purchase confirmation shall be decisive for the quality or, in the absence of a purchase confirmation, the description in the Seller’s delivery bill. Quality characteristics of samples or specimens, analytical data or specifications shall only be deemed to be quality specifications if they have been agreed in writing. The seller does not grant any guarantee of quality or durability.
(b) In the case of collection on behalf of the customer, the measurement determined by weighing or measuring at the shipping point (warehouse or similar) shall be binding for the determination of the quantity. In case of delivery in a tank truck, the quantity indicated by its measuring device shall be decisive, unless the Buyer proves its incorrectness.
4. transfer of risk
(a) The risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer upon handover. If the buyer is an entrepreneur, the risk shall pass upon delivery to the forwarding agent, the carrier or any other person designated to carry out the shipment.
(b) Delivery shall be deemed equivalent if the Buyer is in default of acceptance.
5. delivery dates and deadlines, delivery disruptions
(a) If the Buyer is an entrepreneur, the Seller’s delivery deadlines are approximate deadlines. If the Buyer is a consumer and if the order is placed using means of distance communication, the Seller shall provide the Buyer with information on the date by which the Seller undertakes to deliver the goods. If the purchaser is an entrepreneur, partial deliveries are permitted insofar as they are usable for the purchaser, the complete delivery to the purchaser is ensured and the purchaser does not incur any significant additional costs as a result. If the Buyer is a consumer, the Seller shall be entitled to make partial deliveries to a reasonable extent.
(b) The Seller shall not be liable for delays in delivery to the extent caused by events unforeseeable at the time of the conclusion of the contract, over which the Seller has no control and for which the Seller is not responsible, such as war, terrorist attacks, natural disasters, diseases, pandemics, epidemics, industrial action including strikes, lawful lockouts, official measures such as quarantine restrictions or embargoes (“Force Majeure”).
In the event of force majeure, the performance dates shall be postponed by the period of time during which the impediment to performance caused by the force majeure lasts, plus a reasonable start-up period. The Seller is obliged to notify the Buyer of an impediment to performance based on force majeure as soon as the Seller has knowledge thereof. If the impediment to performance caused by the force majeure lasts longer than 4 (four) weeks, the Seller and the Buyer shall be entitled to withdraw from the contract.
(c) About the case of force majeure in clause 5 (b), the Seller shall also not be liable for delays in delivery caused by the fact that the Seller, despite having concluded a congruent hedging transaction on its part – irrespective of the reason – is not supplied or is not supplied correctly by its suppliers through no fault of its own. The Buyer shall be notified immediately of any incorrect or untimely self-delivery as soon as the Seller has knowledge thereof. The Seller shall be obliged to assign its claims against the upstream supplier to the Buyer at the Buyer’s request.
(a) If the Buyer is in default of acceptance in whole or in part, the Seller may store the deliveries due in whole or in part at the Buyer’s expense or, after setting a further deadline, withdraw from the contract in whole or in part and claim damages in lieu of performance.
(b) The Buyer warrants that the filling, transport and storage equipment operated or used by it is in perfect technical condition and is operated in accordance with all public and private law safety regulations.
(c) The Buyer shall observe all relevant statutory provisions when collecting the purchased item, in particular with regard to storage and transport of the purchased item. He must also follow the instructions of the seller at the place of collection.
(a) Unless otherwise agreed, the prices shall apply incl. Energy tax, customs duty and petroleum stockpiling contribution or similar levies, but plus sales tax at the respective statutory rate. For consumers, the price also includes sales tax at the statutory rate.
(b) If, after the conclusion of the contract, the transport, storage or handling costs change or if the goods are subject to lower, additional or higher taxes or duties or if the cost price of the Seller decreases or increases due to governmental measures in the pre-delivery country, the price shall be adjusted accordingly. If the Buyer is a consumer, the above provision shall only apply if the Seller and the Buyer agree at the time of conclusion of the contract that the period between conclusion of the contract and delivery or performance of the service shall be longer than four months or if there is a continuing obligation. Should the price increase by more than 3%, the buyer has the right to withdraw from the contract, regardless of whether he is an entrepreneur or a consumer. This is to be exercised by written declaration to the seller within 7 days after written information about the price adjustment.
8. claims for defects
(a) If the Buyer is an entrepreneur, the Seller shall have the choice between repair or replacement in the event of a defect. Otherwise, the buyer has the right to choose. If the supplementary performance fails, the purchaser may, at his discretion, demand a reduction of the purchase price or withdraw from the contract. In the case of insignificant defects, however, the purchaser shall not be entitled to withdraw from the contract.
(b) If the Buyer is an entrepreneur, he shall inspect the goods immediately after delivery and, if a defect becomes apparent, notify the Seller without delay. If a defect (hidden defect) is discovered later, the notification must be made immediately after discovery.
(c) If the object of sale is indistinguishably mixed or blended with items belonging to the purchaser, claims for defects shall be excluded unless the purchaser proves that a defect has its cause in the object of sale. If the purchaser is a consumer and a material defect becomes apparent within six months of the transfer of risk, it shall be presumed that the purchased item was already defective at the time of the transfer of risk, unless this presumption is incompatible with the nature of the item or the defect.
(d) In order to examine the defect, the Seller and the Buyer shall, in the presence of a representative of the Seller or an expert appointed by the Seller, draw a sample of at least one liter or kilogram of the object of purchase complained of, in the case of wood pellets three kilograms.
(e) In the event of complaints, the Buyer shall safeguard any rights of the Seller vis-à-vis the transport agents (e.g. forwarding agents) and shall immediately initiate any necessary steps to preserve evidence.
(a) The Seller’s liability is excluded except in cases of intent or gross negligence.
(b) The above limitation of liability shall not apply in the event of claims by the Buyer arising from product liability or injury to life, limb or health attributable to the Seller. It shall also not apply in the event of a breach of essential contractual obligations (obligations whose compliance is crucial for the proper performance of the contract and on whose compliance the Buyer regularly relies and may rely). In the event of a breach of material contractual obligations, liability shall be limited to foreseeable and contractually typical damages.
(c) The above liability provisions shall also apply to breaches of duty by legal representatives, vicarious agents or assistants of the Seller as well as to their personal liability.
10. payments, assignment, set-off, retention
(a) Unless otherwise agreed, purchase price payments shall be due immediately, otherwise within the agreed payment period. The due date is noted on the invoice.
(b) On the due date, the payment amount must be available to the Seller in the form of a value date. Discounts or other deductions are not allowed. Bills of exchange and checks shall only be accepted on account of payment upon special agreement; in this case, payment shall only be deemed to have been made upon final redemption. If the buyer is an entrepreneur and the direct debit procedure according to SEPA has been agreed upon, the advance information is shortened to one day.
(c) In the event that the payment deadline is exceeded, the Seller shall be entitled, in addition to exercising its statutory rights, if the Buyer is an entrepreneur, to charge interest at a rate of 9 percentage points above the base interest rate without further reminder.
(d) If the Buyer is an entrepreneur, the Seller may unilaterally declare all outstanding invoices immediately due for payment if the Buyer is in default, has not complied with agreed terms of payment for previous deliveries, the Buyer’s solvency is in question, an agreed credit limit is exceeded or the Buyer has breached one of the obligations resulting from the agreed retention of title (Clause 11). In the aforementioned cases, the Seller shall also be entitled, after setting a deadline, to withdraw from the contract in whole or in part and to claim damages in lieu of performance. If the Buyer is a consumer, the above provisions shall apply only if (i) Buyer is in default of at least two consecutive partial payments in whole or in part, (ii) the buyer is thereby in default of at least 10 percent of the cash price of the goods for a contract term of up to three years or at least 5 percent for a contract term of more than three years; and (iii) the Seller has unsuccessfully set the Buyer a two-week deadline for payment of the amount in arrears, stating that if payment is not made within the deadline, the Buyer will demand payment of the entire remaining debt.
(e) If the Buyer is an entrepreneur, he shall not be entitled to assign any claims against the Seller without the Seller’s written consent.
(f) The Buyer may only set off counterclaims that are undisputed or have been established by a court of law. If the Buyer is an entrepreneur, the Seller shall also be entitled to set off such claims against the Buyer as are due to its affiliated companies (§ 15 German Stock Corporation Act), in particular its parent companies, sister companies and subsidiaries. Consumers are entitled to set-off against the Seller’s claims if they assert notices of defects or counterclaims arising from the same purchase contract.
(g) If the Buyer is an entrepreneur, it may only assert rights of retention on the basis of undisputed or legally established claims, in each case from the same contractual relationship. If the Buyer is a consumer, he may assert rights of retention if and to the extent that they are based on the same contract as the Seller’s claims against the Buyer.
11. retention of title
(a) The goods remain the property of the Seller until final payment. If the purchaser is an entrepreneur, this shall apply until all claims against the purchaser arising from the mutual business relationship have been paid.
(b) The purchaser is obliged to store the goods with usual care free of charge. The Buyer shall notify the Seller immediately of any seizure measures by third parties or of any other impairment of the property and, if necessary, take measures to secure the property.
(c) If the Buyer is an entrepreneur, he may resell the goods in the ordinary course of business as long as he duly fulfills his obligations towards the Seller. If a prohibition of assignment is agreed with the buyer’s customer, the sale shall be inadmissible, except in the cases of § 354a of the German Commercial Code (HGB). The Buyer assigns to the Seller the claims and rights accruing to him from the sale. If the Buyer includes this claim in an existing current account relationship with its customer, the current account claim shall be assigned in the amount of the gross invoice amount; after balancing, it shall be replaced by the recognized balance, which shall also be assigned.
(d) If the Buyer is an entrepreneur, the Seller authorizes the Buyer – subject to revocation – to collect the assigned claims in the ordinary course of business. The Seller undertakes not to collect the claim as long as the Buyer meets its payment obligations towards the Seller, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in its ability to pay. If this is the case, however, the Seller may demand that the Buyer provide it with a list of the goods still subject to retention of title, disclose the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and notify the debtors of the assignment. Furthermore, in this case the Seller shall be entitled to revoke the Buyer’s authority to further sell and process the goods subject to retention of title.
(e) If the purchased goods are mixed or blended with other goods of third parties, the Seller shall be entitled to ownership or co-ownership of the new product in the ratio of the gross invoice value of the purchased goods to that of the other goods. In the event of mixing or blending with goods of the Buyer, the Seller shall be entitled to co-ownership in the amount of the gross invoice value of the reserved goods held by the Buyer for the Seller in proportion to the gross invoice value of the goods of the Buyer. Clause 11 (a) to (d) shall apply in the same way to the resulting product as to the purchased goods delivered under retention of title.
(f) Insofar as the value of the securities exceeds the total claims of the Seller by more than 10%, the Seller shall release the corresponding securities at the Buyer’s request. The realizable value or the nominal value of the receivable is decisive for the valuation of the collateral.
12. statute of limitations
If the purchaser is an entrepreneur, claims of the purchaser due to material defects and defects of title shall become time-barred (one) year after the transfer of risk. Excluded from this are claims for damages due to injury to life, body or health and claims for damages due to gross negligence or intentional damage caused by the seller. In this respect, the statutory limitation periods shall apply.
13. data protection
(a) Within the scope of the business relationship with the Buyer, the Seller shall process personal data of the Buyer in addition to company-related data.
(b) The Seller processes the contact data of the Buyer and/or the Buyer’s employees, such as name, address, e-mail address and telephone number pursuant to Art. 6 para. 1 p. 1 lit. (b) Data Protection Regulation (“GDPR”) for the purpose of contract performance, preparation of offers, business correspondence, invoicing and assertion of any claims arising from the contractual relationship. In addition, the contact details are stored in a customer database of the seller for marketing purposes. Insofar as necessary, the personal data will be used beyond the fulfillment of the contract to maintain the customer and business relationship within the framework of a legitimate interest of the seller according to Art. 6 para. 1 p. 1 lit. (f) DSGVO processed.
(c) The Seller shall process the Buyer’s personal data for as long as they are required for the aforementioned purposes and insofar as this is necessary due to retention and documentation obligations under tax and commercial law (Art. 6 para. 1 p. 1 lit. (c) GDPR).
(d) The Buyer is entitled at any time to request from the Seller information about the personal data stored about him by the Seller (Art. 15 DSGVO), under the conditions of Art. 16 DSGVO to request its correction, under the conditions of Art. 17 DSGVO its deletion and/or under the conditions of Art. 18 DSGVO the restriction of its processing. Without prejudice to any further rights, the Buyer shall also have the right to lodge a complaint with the competent supervisory authority.
(e) Further information on the Seller’s data processing principles can be found in the data protection notices on the Seller’s website.
(a) If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the Seller’s registered office shall be the exclusive – also international – place of jurisdiction for all disputes arising from contractual relationships based on these GTC. However, the Seller shall also be entitled to bring an action at the Buyer’s general place of jurisdiction.
(b) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(c) Insofar as reference is made to specific INCOTERMS without stating the year when concluding the contract with entrepreneurs, the respective current version shall be deemed agreed.
Right of withdrawal for consumers in distance contracts
- Right of withdrawal
As a consumer, you have the right within fourteen days without giving any reason to revoke a contract concluded between us using means of distance communication. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
The right of withdrawal expires for goods if they have been inseparably mixed with other goods after delivery due to their nature. Thus, for example, in the case of a heating oil delivery, your right of withdrawal would expire when the heating oil is filled into your heating oil tank in the event of inseparable mixing with existing residual stocks.
To exercise your right of withdrawal, you must inform us (JB GERMAN OIL GmbH, Wölzower Weg 13 – 19, 19243 Wittenburg, Tel: +49 (0) 38852-90620, Fax: +49 (0) 38852-906220, Mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. The revocation can also be made before the start of the revocation period.
You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website https://www.jb-germanoil.com. If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
- Consequences of the revocation
If you revoke the contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of the contract. For the repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If the revocation takes place only upon delivery of the goods or at a later point in time within the revocation period, you shall bear the direct costs of the return shipment or the return transport. The cost is estimated at a maximum of approximately 200.00 EUR.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.
- Sample withdrawal form
|(If you want to cancel the contract, please fill out and return this form).
To JB GERMAN OIL GmbH, Wölzower Weg 13 – 19, 19243 Wittenburg, Mail: email@example.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
Ordered on (*): ____________________
Name of consumer(s): ____________________
Address of consumer(s): ___________________________________________
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable.