General Terms and Conditions (AGB)

1.1 These General Terms and Conditions (AGB) apply to all business relations between Fruechte Boquoi GmbH (hereinafter 'Seller') and commercial customers. 1.2 'Customer' means that the buyer is a commercial enterprise, a legal entity under public law, or a special fund under public law. 1.3 The Customer's own terms and conditions shall not apply unless explicitly agreed upon in writing.

2.1 Product presentations on the website or in catalogs are not legally binding offers but invitations to place an order. 2.2 The Customer's order is a binding offer. The Seller accepts this offer with a written order confirmation or by sending the product. 2.3 The contract is concluded upon receipt of the Seller's order confirmation by the Customer or upon shipment of the goods.

3.1 Prices are as stated in the offer or order confirmation and are net prices (excluding VAT). 3.2 Payment must be made within the due date specified on the invoice. The standard payment term is 14 days from the invoice date. 3.3 In case of delayed payment, statutory default interest (9% annual) will be applied. 3.4 The Customer can only offset with undisputed or legally established claims.

4.1 Delivery is made from the Seller's warehouse (EXW - Ex Works, Incoterms 2020), unless otherwise agreed. 4.2 Delivery times are approximate and non-binding, unless explicitly designated as 'binding' in writing. 4.3 The risk of shipping passes to the Customer upon delivery of the goods to the carrier. 4.4 The Seller reserves the right to make partial deliveries.

5.1 The delivered products remain the property of the Seller until full payment is received. 5.2 The Customer is obliged to store the products carefully until ownership is transferred to the Seller. 5.3 Pledging or transferring the products under retention of title as security is prohibited.

6.1 The products comply with the legal regulations and quality standards valid at the time of delivery. 6.2 Due to the nature of fresh produce, they have a limited shelf life. The Customer must inspect the products immediately and report defects without delay. 6.3 Visible defects must be reported within 2 working days from the delivery date; hidden defects must be reported immediately after discovery. 6.4 In the case of a justified complaint, the Seller has the right, at its option, to rectify the defect or replace the product with a new one.

7.1 The Seller bears full liability in cases of intent or gross negligence. 7.2 In cases of slight negligence, liability is limited to typical damages foreseeable in the contract. 7.3 The limitation of liability does not apply to damages to life, body, or health. 7.4 The Product Liability Act (ProdHaftG) remains applicable without change.

8.1 Both parties undertake not to disclose confidential information learned during the business relationship to third parties. 8.2 The processing of personal data is subject to our separate privacy policy (according to GDPR/DSGVO).

9.1 German law applies to this contract. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. 9.2 The competent court is the location of the Seller's business headquarters (Munich). 9.3 However, the Seller reserves the right to sue the Customer at their general place of jurisdiction.

10.1 Should any provision of these AGB be invalid, the remaining provisions shall remain valid. 10.2 Amendments or additions to these AGB must be made in writing. 10.3 Last update: 01.01.2025