TERMS & CONDITIONS
RUNGIS express GmbH
1. General
These Business Terms and Conditions of Sale only apply to companies according to Section 14 of the Civil Code as well as business partnerships or small businesses with legal capacity, registered clubs or bodies governed by public law (hereinafter referred to as the “customer”).
Our Business Terms and Conditions of Sale also extend to orders placed in the RUNGIS express online shop and are exclusive. We do not accept the conditions of a customer that deviate from or are in conflict with our Business Terms and Conditions of Sale, except when we have explicitly agreed to their validity in writing. Our Business Terms and Conditions of Sale also apply when we are aware of terms of the customer that deviate from our business terms and conditions of sale and perform our delivery nevertheless without reservation.
Only customers who are already registered with us can place orders through the RUNGIS online shop. If such a business relationship does not yet exist, registration as a customer must be performed as part of the ordering process. It can take up to 3 days until a customer is registered. By placing an order using the RUNGIS online shop, the customer explicitly states that the transaction is intended for his or her commercial or independent professional activity.
All agreements made between us and the customer regarding the performance of contracts/orders are documented in these conditions. Our agreements also apply to future business, even if this is not repeatedly emphasized, as long as these agreements were sent to the buyer during our previous business relationship.
According to the Federal Youth Protection Act, we only deliver to persons aged 18 or over.
2. Contract partner
Your contract partner for all orders via phone, fax or e-mail as well as the internet platform www.rungisexpress.shop is:
RUNGIS express GmbH, Am Hambuch 2, 53340 Meckenheim
Trade Register No. 22243 at the Bonn District Court, located in Meckenheim
VAT ID No.: DE 814424531
Managing Directors: Michael Poggenpohl, Bernd Kurzbuch, Björn Gersch
Phone: +49 (0) 2225 883 0, Fax: +49 (0) 2225 883 190 (*)
E-Mail: info@r-express.com
(*) At local rate – costs for calls from the mobile phone network may deviate.
3. Offer and conclusion of contract
Contracts can only be concluded in German.
Orders are usually placed by phone, in writing (fax or e-mail is sufficient) or by using the online shop. We can accept a binding order within 1 week. Declarations of acceptance and all orders require our order confirmation to become legally valid. The order confirmation is usually provided in writing (fax or e-mail suffice) and only in exceptional cases by phone.
The presentation of the products on the internet platform https://rungisexpress.shop is not a legally binding offer but only an invitation to place orders. The receipt of an order therefore does not establish a purchasing contract.
If you want to buy a product, you must first register as a customer. Only then will you be able to place the desired product into your basket by clicking on the “Basket” button. The content of the basket list can be viewed at any time by clicking on the “Your Basket” button. These steps are non-binding. You can remove the products from the basket at any time by clicking on the "X"button or the waste-paper basket symbol.
The following technical steps lead to an order requiring payment:
Click the “Confirm purchase” button if you want to buy the products in your basket. If data are requested, enter them into the template provided. Thereafter, confirm your order by clicking the “Confirm purchase” button. By sending the order, you are offering us the binding conclusion of a purchasing contract.
On receipt of your order, you will receive a written order confirmation from us, usually by e-mail, which acknowledges receipt and provides you with the opportunity to check your order.
Please note that this e-mail is not yet an acceptance of your offer.
A contract is only established when we explicitly accept your offer, receive the purchasing price agreed upon and dispatch the goods.
The content of your order is stored and will immediately be sent to you on request. The general terms of business can be viewed or printed out at any time at https://rungisexpress.shop/agb.
The minimum order value is € 250.00 (net).
Drawings, figures, measurements, weights, recipes, serving or presentation methods and other performance data are only binding when we have explicitly agreed to them in writing. We reserve the right of ownership and copyright for figures, drawings, recipes, serving, presentation or decoration instructions or recommendations. This also applies to written documentation that is marked as confidential. Customers require our explicit, written permission before forwarding it to third parties.
Our sales staff are not authorised to make verbal additional agreements or to give verbal guarantees that exceed the scope of the written contract.
Specifications of amounts are approximate information. We are entitled to deliver amounts that are up to 10% larger or smaller. Partial deliveries are permitted.
Only the properties and characteristics mentioned in our offer or our order confirmation are part of the agreement regarding the quality of our products.
4. Price, payment and delivery conditions
Our daily prices apply to our offers, if not otherwise specified or agreed on. Otherwise the prices listed in the order confirmation apply. Additional deliveries and services will be separately billed All prices provided in our online shop are quoted without VAT. VAT is only shown at the time of payment.
Our delivery will be free of charge for order values of € 250.00 (net) and above, if not otherwise stated in the order conformation (which is usually provided by phone). Special packaging is exempt; this will be separately billed. We are entitled to charge a flat order handling fee of € 50.00 (net) for orders below € 250.00 (net). We reserve the right to charge our customers appropriate (additional) transport costs in future, in the event of price increases (e.g. diesel prices).
Our payment facilities generally depend on the creditworthiness of the customer and can thus be amended by us at any time. By registering, you agree to an enquiry at ASCHUFA, Creditreform or a similar credit rating organisation.
The legally applicable VAT is not included in our prices; it will be separately listed on the invoice on the day of billing. The deduction of a discount requires a separate written agreement.
The purchasing price (without deductions) is due for payment within 10 days after the delivery date if not otherwise stated in the order confirmation. The legal provisions governing the consequences of late payment apply.
Customers must check the invoice within a reasonable time. Complaints regarding our invoicing can no longer be considered once 7 days have expired. The customer is only entitled to offset counter-claims that have finally been decided by a court, are undisputed or have been acknowledged by us. The customer only has a right of retention in as far as his or her counter-claim is based on the same contractual relationship and the counter-claim is not disputed or was finally decided by a court.
From the moment of transition to electronic invoices, invoices will only be issued electronically for reasons of sustainability as well as simplification and transparency of the processes. From the moment of transition, the customer will receive from us the invoices in electronic form to the email address indicated by the customer. From the moment of transition, the customer waives the right to receive the invoices by post. In the event of special reasons, deviations may be agreed upon on a case-by-case basis.
The customer as the recipient shall ensure that we can properly send all electronic invoices to the email address indicated by the customer. Filter programmes, firewalls or other technical safeguards shall be set accordingly. The customer shall inform us without delay of any change in the email address to which the electronic invoices are sent. Invoices sent to the email address last indicated by the customer shall be deemed to have been received by the customer. We shall not be liable for any damage or loss resulting from a potentially increased risk of electronic transmission of invoices by email, as compared to postal delivery. The customer bears the increased risk of access by unauthorised third parties arising from the storage of electronic invoices.
From the moment of transition to electronic delivery notes, delivery notes will only be issued electronically for reasons of sustainability as well as simplification and transparency of the processes. From the moment of transition, the customer will receive from us the delivery notes in electronic form to the email address indicated by the customer. From the moment of transition, the customer waives the right to receive the delivery notes in paper form. In the event of special reasons, deviations may be agreed upon on a case-by-case basis.
The customer as the recipient shall ensure that we can properly send all electronic delivery notes to the email address indicated by the customer. Filter programmes, firewalls or other technical safeguards shall be set accordingly. The customer shall inform us without delay of any change in the email address to which the electronic delivery notes are sent. Delivery notes sent to the email address last indicated by the customer shall be deemed to have been received by the customer. We shall not be liable for any damage or loss resulting from a potentially increased risk of electronic transmission of delivery notes by email, as compared to postal delivery. The customer bears the increased risk of access by unauthorised third parties arising from the storage of electronic delivery notes
5. Delivery time
Deliveries are in principle delivered to the delivery address stipulated in the order form or customer form.
Delivery and service deadlines are only binding if we have explicitly confirmed this. Confirmation must be provided in writing. Delivery deadlines relate to the dispatch from the factory; free home delivery deadlines relate to the day the goods are received by the customer.
We are only considered to be in arrears regarding our delivery or service obligations on the expiry of an appropriate grace period specified by us.
Cases of force majeure (unforeseen circumstances and events for which we are not responsible and that could not have been avoided by the care of a diligent merchant, e.g. labour disputes, war, fire, transport obstacles, shortage of raw materials, actions by the authorities) interrupt the effect of our delivery obligation for the duration and the extent of their effect. This also applies when we are already in arrears with our delivery.
We are entitled to withdraw from the contract in cases of force majeure, provided that we have immediately informed the customer of the force majeure event and of not being able to deliver on time or to specifications and that we have immediately reimbursed the customer for any consideration advanced by him or her.
We are only liable according to the legal provisions if the delivery is late for reasons for which we are responsible.
Unreserved acceptance of late deliveries or services is deemed to be a waiver of the customer’s contractual or legal claims, provided that he or she does not complain about the delay within 7 days after delivery. We agree to notify the customer on the delivery note about this consequence.
We are liable according to the legal provisions if late delivery is due to a deliberate or grossly negligent violation of the contract on our part; we are also responsible for the faults of our representatives or agents. Where late delivery is based on a grossly negligent violation of the contract on our part, our liability shall be limited to the predictable, typically occurring damage.
If the customer is late in acceptance or culpably violates other duties of participation, we shall be entitled to claim damages, including any additional expenses. The right to institute further claims is reserved. If the preconditions of the previous sentence are given, the risks of accidental destruction or accidental deterioration of the purchased goods are transferred to the customer at the time the customer entered into arrears regarding acceptance or payment.
6. Transfer of risks - packaging costs and obligations under the VerpackG (german packaging act)
Free home delivery is deemed to have been agreed upon unless the order confirmation states otherwise.
Pursuant to section 15 (1) sentence 1 VerpackG, manufacturers and distributors of transport packaging (no. 1), sales and secondary packaging that does not typically accumulate as waste with private final consumers after use (no. 2), sales and secondary packaging for which system participation is not possible due to system incompatibility pursuant to section 7 (5) VerpackG (no. 3), sales packaging containing hazardous substances (No. 4) or reusable packaging (No. 5) are obliged to take back, free of charge, used, empty packaging of the same type, shape and size as the packaging they have placed on the market at the place of actual delivery or in the immediate vicinity thereof, in order to reuse or recycle it. Producers and downstream distributors in the supply chain may, in accordance with Section 15 I VerpackG, reach different agreements with each other and with end consumers, provided these are not private households, regarding the place of return and the cost regulation.
As it is not possible for us to take back the packaging in a way that is compatible with health due to food regulations and health and hygiene circumstances, the customer shall assume the take-back obligations under Section 15 VerpackG and shall ensure that the packaging is taken back and properly and professionally recycled. The costs incurred for taking back and recycling shall be borne by the customer.
Agreements deviating from this are only possible for packaging purchased from us within the meaning of § 15 VerpackG. Packaging from other manufacturers or distributors cannot be taken back.
7. Defect liability
In the event of complaints, any claims for damage detected on the goods delivered shall be asserted against us without delay by contacting the competent account manager by phone or by email. We expressly refer to our support and the FAQ: FAQ (rungisexpress.com)
Fault claims by the customer presume that he or she has performed his or her inspection and complaint obligations according to Section 377 of the Commercial Code in an appropriate manner. Any complaints regarding fresh and smoked products must be made immediately after receiving the goods; hidden faults must be reported immediately after their discovery and complaints regarding products requiring cooling must be made within two days. Complaints regarding the quantity or type of other goods (such as deep-frozen products and shelf-stable preserved products) must be made within three days; complaints regarding quality must be made within eight days after delivery. If the notification period is missed, warranty claims can no longer be made. Our warranty obligations will also not apply if the customer treats the goods inappropriately.
In the event of justified and timely fault complaints, the customer shall be entitled to his or her legal rights in the event of faults with the following provision:
a) If the goods are faulty, the claims of the customer regarding faults are initially limited to the right to supplementary performance. This does not apply when supplementary performance is not a reasonable solution for the customer. We are entitled to choose between repair or replacement. If the supplementary performance fails twice or if we refuse it, the customer may reduce the purchase price or withdraw from the contract.
b) The customer does not have the right to withdraw when the fault is minor.
c) If only some products of several products sold or only some parts of one product sold are faulty, the right to withdraw is restricted to the faulty product or the faulty part. This does not apply when the faulty product or the faulty part cannot be separated from the other products or parts without damage or loss of function or if this cannot be reasonably expected from the customer. The customer must specify why this solution is unreasonable.
We are liable according to the legal provisions, provided that the customer submits damage claims based on deliberate action or gross negligence, including deliberate action or gross negligence on the part of our representatives or agents. Where we are not accused of deliberate breach of contract, the liability for damage is limited to the foreseeable, typically occurring damage. The liability for culpable damage to life, body or health remains unaffected; this also applies to compulsory liability according to the Product Liability Act. Liability is excluded if this is not otherwise regulated above.
The lapse of time for fault claims is 12 months starting from the transfer of risks. The lapse of time in the event of a delivery recourse in accordance with Sections 478, 479 of the Civil Code remains unaffected; it is five years starting with the delivery of the faulty goods.
8. Overall liability
Liability for damages exceeding the provisions in Section 8 – without consideration of the legal nature of the claim made – is hereby excluded. This applies, in particular, to damage claims resulting from a breach of duties during the conclusion of the contract, from other breaches of duties or tortious claims for compensation regarding material damage in accordance with Section 823 of the Civil Code. This limitation also applies when the customer demands reimbursement of futile expenses instead of performance when claiming for damages.
In as far as our liability for damages is excluded or limited, the same shall also apply to the personal liability for damages of our employees, workers, staff, representatives and agents.
9. Cooperation in the event of complaints, especially by the authorities
In the event of any complaints, in particular complaints by the authorities, according to the food laws, calibration laws, product liability laws and product safety laws, cooperation with our customer is handled as follows:
The customer informs us immediately of all details.
The customer immediately provides us with any available official counter-sample or second sample, for examination by an officially authorised expert commissioned by us. The customer communicates the essential content of the suspicion by the authorities and the examination criteria of the authorities. The customer may not waive his or her right to have the sampler leave an official counter-sample or second sample.
The customer arranges that his or her staff members and agents, etc. do not counter-sign official sampling protocols.
The customer provides representatives of supervisory bodies, in particular the food inspector, with no information or data regarding the case. Reference is made to the customer’s right to refuse to make a statement as a distributor of food products. Information or details of the matter shall only be given to the authorities in close cooperation with the legal expert commissioned by us and in accordance with his or her recommendation.
If the customer is also investigated in connection with one of our products, the customer shall instruct the legal advisor appointed by him or her to cooperate closely with our legal expert.
In the event of complaints about our goods, the customer shall provide us in all cases with complete documentation of the transport and storage conditions of the goods up to the point of sale. This is intended to facilitate joint determination of the extent of the respective liabilities in a specific case.
The customer guarantees that officially authorised experts commissioned by us will first be allowed to take representative samples from and perform tests on the products he or she wants to provide to us. This is intended to provide a joint assessment and jointly determine whether there is an obligation to take back goods.
In the event of a verbal or written official suspension of sales, sales bans, re-export bans or the intention of making a general or individual recall, including a public warning, the customer shall not carry out defensive measures, make declarations or make binding statements of facts without closely cooperating with us.
We exclude the assumption of fines, penalties or procedural or consulting costs imposed on the customer or his or her agents, even if this occurs in connection with our goods.
10. Securing the retention of title
We retain ownership of the purchased goods until all payments resulting from the business contract have been made. In the event that a purchase price claim should be lost as a result of account balancing, the reserved property shall be deemed to serve as security for the claim arising from the balance (reservation of title over current account).
In the event of attachments or other interventions by third parties, the customer shall inform us immediately and in writing, so that we can institute a claim according to Section 771 ZPO (Code of Civil Procedure). In as far as third parties are not able to reimburse us for the judicial and extra-judicial costs of an action pursuant to Section 771 ZPO, the customer shall be liable for the loss incurred by us.
The customer is entitled to process or resell the purchased item in the ordinary course of business; however, he or she hereby assigns to us all claims up to the amount of the final invoice (including VAT) of our claim, which will accrue to him or her from his or her buyers or third party as a result of the resale, irrespective of whether the purchased item has been resold without or after processing. The customer remains entitled to collect this claim even after assignment. Our right to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer complies with his or her payment obligations from the proceeds collected, is not late in payment and, in particular, no petition regarding the opening of compensation or insolvency proceedings has been filed and payments have not been suspended. In this case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. The provisions applying to purchased goods subject to the reservation of title also apply to objects created by processing.
If the purchased item is inseparably mixed or processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount including VAT) to the other mixed items at the time of mixing or processing. If mixing or processing is carried out in such a way that the customer’s item is to be regarded as the main item, it shall be deemed agreed upon that the customer assigns co-ownership to us on a pro-rata basis. The customer shall keep the resulting sole ownership or co-ownership in safe custody for us.
We agree to release the securities we are entitled to at the request of the customer to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. We are entitled to choose the securities to be released.
11. Complaints procedure
The European Commission provides a platform for on-line dispute resolution that can be found at this (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN ) external link. We are not obliged to participate in dispute resolution proceedings by a consumer arbitration board and unfortunately cannot offer you participation either.
12. Data protection
Please also read our data protection regulations here.
13. Copyright for third-party manufacturing
In the event of an order to manufacture a product on behalf of the customer, the customer shall, unless otherwise agreed, be obliged to examine all artwork, drafts and finished samples with regard to existing copyright, trademarks and other rights of third parties (e.g. patents, utility models) and to inform us accordingly in writing.
The customer fully indemnifies us against claims of third parties regarding the use or violation of such rights. This right persists independently of a fault on the part of the customer.
In as far as the customer has commissioned us to print the “Green Dot” on his or her sales packaging, he or she guarantees that a corresponding contract for the use of the logo has been concluded between him or her and Duales System Deutschland GmbH and that he or she fulfils the participation obligations for this system in accordance with the Packaging Ordinance; the same applies to other organisations such as FSC, PEFC.
The obligation to store third-party printed documents, manuscripts and other items made available only extends for six months after delivery of the last order produced with these items.
14. EAN code (internal production)
EAN barcodes are printed according to the state of the art and in compliance with the relevant implementation regulations of "GS1 Germany GmbH & GS1 Germany Knowledge Centre" (GS1 Germany).
Further promises – in particular statements about reading results on retail cash registers – cannot be made due to possibly negative influences on the bar codes after leaving our factory and due to a lack of uniform measuring and reading technology.
15. Place of jurisdiction, place of fulfilment
The contract is explicitly subject to German law when the contract partners reside in this country. The CISG does not apply, not even to foreign contract partners, except if we have agreed to it in writing.
The place of fulfilment, including for customer payments, is our registered office, if not explicitly otherwise agreed with the customer. Such an agreement must be in writing.
The only place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship is Bonn. However, we are furthermore entitled to bring legal action against the customer at his or her general place of jurisdiction. This also applies to all cross-border deliveries.
16. Amendments to these terms and conditions of sale and business
We may amend these General Terms and Conditions if and insofar as this is necessary for a material reason that was not foreseeable when the contract was concluded and this amendment does not change the relationship between performance and consideration to the detriment of the customer, i.e. the amendment is reasonable for the customer.
We may also amend these General Terms and Conditions in order to adapt them to technical or legal developments and insofar as essential provisions of the contractual relationship are not affected by this amendment. Essential provisions are those that concern the type and scope of the contractually agreed services and the term, including the provisions on cancellation.
We will inform the customer of the General Terms and Conditions at least six weeks before they come into force ("notification of change").
Amendments to these General Terms and Conditions shall be deemed approved if the customer does not object to them before the amendments come into force. We will specifically draw the customer's attention to this legal consequence in the amendment notification.
17. Final provisions
Communication with our contractual partners may also take place by e-mail. For security purposes, orders, order confirmations, contractual agreements of any kind and legal declarations of any kind with intended effect for the reciprocal rights shall be confirmed immediately at least in text form.
Changes to contractual agreements must be provided in writing. This also applies to waiving the requirement for the written form.
In the event of any discrepancies between the German version and the English version of these terms and conditions, the German version shall take precedence.