General Terms and Conditions

Scope and Provider

  • These General Terms and Conditions apply to all orders placed by you (hereinafter: "Buyer" or "Customer") with David Dominicus GmbH, Hützeler Damm 40, 29646 Bispingen, Germany, Phone +49 5194 970-0, Email info@dominicus.de.
  • As a wholesale supplier, our offerings are directed exclusively to professional resellers in the forestry, hunting, and gardening sectors.
  • All deliveries, services, and offers are made solely based on these General Terms and Conditions. They also apply to all future business transactions, even if not explicitly agreed again. The inclusion of customer terms that contradict ours is expressly rejected.
  • The contract language is German only.

Conclusion of Contract

  • Our offers are non-binding. A contract is only formed upon our acceptance of the order.
  • Product descriptions including characteristics, dimensions, and weight are approximate and not binding. We reserve the right to make reasonable changes in design, materials, or color.
  • We reserve the right to change prices; the valid prices on the day of delivery apply. Any updates will be published immediately in the online shop.

Customer Registration

  • Upon verification of professional reseller status, the customer will receive a customer account and webshop login credentials.
  • The buyer confirms that all registration data is accurate and complete.
  • The buyer must keep login credentials secure and must not share them with anyone outside their organization. Any suspected misuse must be reported to us immediately.

Billing and Payment Terms

  • Billing is based on our valid net price list, plus statutory VAT.
  • Delivery is made against prepayment unless otherwise agreed. We send an order confirmation with our bank details. Payment must be made within 7 days. Shipping and invoicing follow receipt of payment.
  • We reserve the right to assess creditworthiness if payment by invoice or direct debit is requested.
  • Invoices are payable within 30 days.
  • In case of payment delay, interest will be charged at the applicable daily rate. We may also withdraw from delivery obligations.

Shipping Costs and Delivery Conditions

  • Deliveries are made via the most cost-effective method. Orders over €500.00 within Germany are shipped free of charge. Exceptions apply to items marked with truck icon, international shipments, and custom orders. We may make partial deliveries, each treated as a separate transaction.
  • Unless otherwise agreed, goods are delivered from our warehouse to the address provided by the buyer. Freight items are delivered curbside unless otherwise arranged.
  • A handling fee of €5.90 applies to neutral shipments to third parties.
  • We charge packaging costs of €1.95 per order.
  • The minimum order value is €30.00. Orders below this value incur a fee of €10.00.
  • Express shipping is available for packages up to 31.5 kg if the order is placed before 13:30. Delivery is on the next working day (Mon–Fri) by 12:00. Bulky or hazardous goods are excluded.
  • Delivery periods may be extended due to unforeseen events. No damage claims arise from such delays.
  • As a business customer under § 14 BGB, the risk transfers to you once goods are handed over to the carrier.
  • Unless otherwise stated, delivery is made within 10 working days from order confirmation. Deviations are indicated on the product page or during checkout.
  • Delivery is subject to availability. If an item is unavailable, the buyer is informed of the expected delivery date. Shipping follows once the item becomes available, without further notice. In case of unavailability, we will notify the buyer and refund any prepayments.

Transport Damages

  • If goods arrive with obvious damage, the buyer must report it immediately to the carrier and contact us as soon as possible.

Offsetting and Right of Retention

  • The buyer may only offset claims that are legally established or acknowledged by us.
  • A right of retention may only be exercised for claims arising from the same contractual relationship.

Retention of Title

  • Goods remain our property until full payment is received.
  • We reserve ownership until all claims from the ongoing business relationship are settled. Pledging or assigning the goods is not allowed before ownership transfer.
  • The buyer may resell the goods in the normal course of business. Claims from resale are assigned to us in the amount of the invoice value. The buyer is authorized to collect the claims unless they are in default.
  • If reserved goods are combined or mixed with other items, we acquire joint ownership proportional to the invoice value.
  • We commit to releasing securities if their realizable value exceeds our claims by more than 10%. We decide which securities to release.

Warranty and Returns

  • Unless otherwise agreed, the buyer's warranty rights are based on statutory sales law (§§ 433 ff. BGB).
  • Only our specifications and the manufacturer's product description are binding. Public advertising statements are not.
  • The buyer must inspect goods immediately and report defects. Later discovered hidden defects must also be reported upon detection. Failure to do so voids warranty claims.
  • We offer warranty by repair or replacement at our discretion. We are not responsible for increased costs due to relocation unless part of intended use.
  • Goods returned for claims, especially clothing and shoes, must be clean and suitable for inspection. Our return policy applies. We are happy to assist with return questions.
  • Returns must be arranged in advance and shipped prepaid. For returns not caused by our fault, a 15% restocking fee applies. Required return info: customer and invoice/delivery note number, reason for return. Only undamaged items in original packaging are accepted. Custom-made or specially procured goods are excluded. Returns are not accepted after four weeks.
  • A fee of €25.00 may apply for cost estimates for repairs.

Liability

  • Unlimited liability: We are fully liable for intent and gross negligence, as well as under the Product Liability Act. For slight negligence, we are liable for injury to life, body, or health.
  • Limited liability: In all other cases of slight negligence, we are only liable for breach of essential contractual obligations (cardinal duties). Liability is limited to foreseeable damages typical for this type of contract. This limitation also applies to our agents.

Final Provisions and Applicable Law

  • If any provision of these terms is or becomes invalid, the validity of the remaining provisions is not affected.
  • The exclusive place of jurisdiction for both parties is Bispingen, Germany.
  • German law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.