Status: January 2025 (29.01.2025)
§1 General Provisions
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all offers, deliveries, and services between COMMIT GmbH (hereinafter referred to as “COMMIT”) and the purchaser. Deviating, opposing, or supplementary general terms and conditions of the purchaser are not recognized by COMMIT unless COMMIT has expressly agreed to their validity in writing. These GTC also apply if a delivery is carried out with knowledge of deviating or opposing terms and conditions of the purchaser.
(2) These GTC apply exclusively and also to all future business transactions between COMMIT and the purchaser without the need for further reference. The transfer of the purchaser’s rights – e.g., to their legal successor – from the contractual relationship is only permitted with prior written consent from COMMIT.
(3) If special provisions deviating from these terms are agreed upon in writing for certain deliveries, particularly service and warranty contracts, these GTC apply subordinately and supplementarily.
(4) The rights and obligations of the purchaser and COMMIT apply regardless of the type of financing of the purchase price, even if COMMIT has supported or arranged such financing.
§2 Conclusion of Contract
(1) The presentation in our sales catalogs and on our websites does not constitute an offer to enter into purchase contracts in the legal sense but is merely intended to help the purchaser inform themselves about our products and order the displayed products. A legally binding purchase contract between COMMIT and the purchaser is concluded through the following methods:
- Verbally concluded purchase contract
- Written purchase contract (by mail or email)
- Written via an official order form
(2) The purchaser agrees to the validity of these GTC with every order placed with COMMIT, regardless of the method (see §2 (1)), and submits a binding order for the purchase of the goods.
(3) COMMIT reserves all ownership, copyright, and other protective rights to all images, drawings, calculations, or other representations of its documents. These must not be made accessible to third parties unless COMMIT has expressly agreed in writing in advance, specifying the third party by name.
§3 Repairs and Cost Estimates
(1) Cost estimates without subsequent repair orders are subject to a fee if COMMIT expressly points this out before submitting a cost estimate.
§4 Pricing and Payment Terms
(1) All prices apply to delivery from the manufacturing plant and do not include transport packaging and delivery costs. The purchaser bears the costs necessary for the safe transport of the products unless otherwise agreed in advance.
(2) The purchaser bears the statutory value-added tax applicable on the day of delivery; any subsequent statutory changes will be charged or refunded accordingly.
(3) All payments are due within 7 days of receipt of the goods unless another term is agreed upon in writing.
§5 Default of Payment, Offsetting
(1) In the event of default of payment, the purchaser must pay default interest of 7.27 percent according to §288 (1) of the German Civil Code (BGB). If the purchaser is a merchant, the default interest rate is 11.27 percent according to §288 (2) BGB. If COMMIT GmbH can prove higher damages due to the default, it is entitled to claim these. The purchaser is entitled to prove that no or significantly less damage occurred due to the default.
§6 Delivery and Delivery Time
(1) COMMIT GmbH is entitled to make partial deliveries to a reasonable extent.
(2) If COMMIT is not responsible for a permanent delivery obstacle (especially force majeure or non-delivery by its suppliers despite a timely covering transaction), COMMIT is entitled to withdraw from the contract with the purchaser. The purchaser will be informed immediately, and any received payments will be refunded.
(3) If the purchaser sets a reasonable grace period for COMMIT after a delay, the purchaser is entitled to withdraw from the contract after this period expires.
(4) The risk passes to the purchaser upon handover of the delivery item by the carrier, post, or other third party designated for dispatch, unless otherwise agreed.
(5) The choice of shipping method is made by COMMIT unless otherwise agreed.
§7 Right of Withdrawal
(1) Consumers may revoke their contractual declaration within 14 days without stating reasons in text form (e.g., letter, fax, email). The period begins at the earliest upon receipt of this instruction. Timely dispatch of the revocation is sufficient to meet the deadline. The revocation must be sent to: COMMIT GmbH, Dieselstraße 7, 38259 Salzgitter, F: +49 5341 22 54 9029, Email: bestellungen@creatinghealth.de
(2) There is no right of withdrawal for sealed goods that are unsuitable for return for health protection or hygiene reasons once the seal has been removed (e.g., opened preparations).
(3) This right of withdrawal applies exclusively to consumers (§13 BGB).
§8 Warranty for Defects
(1) COMMIT provides a warranty for the delivered products by either repairing or replacing defective products due to circumstances existing at the time of risk transfer. Three repair attempts are generally considered reasonable.
(2) If COMMIT is unwilling or unable to repair or replace the product, or if such actions are delayed beyond reasonable periods due to reasons attributable to COMMIT, or if they fail, the purchaser may choose to reduce the price or withdraw from the contract. Withdrawal excludes any additional claims for damages.
(3) Minor contractual breaches, particularly minor defects, do not entitle the purchaser to withdraw. Only the manufacturer’s product description is agreed upon as the condition of the goods. Public statements, promotions, advertisements, and catalog illustrations do not constitute contractual quality specifications.
(4) The purchaser acknowledges that any modifications to the products not performed by COMMIT, and any use with third-party products not validated or approved by COMMIT, are at the purchaser’s risk, with no liability from COMMIT for resulting damages. This warranty does not cover wear, modifications, improper use, or external influences.
(5) In commercial transactions, warranty claims require the purchaser to fulfill their inspection and notification obligations under §§377 HGB.
§9 Liability of COMMIT GmbH
(1) Insofar as a defect of the product attributable to COMMIT exists, COMMIT is entitled, at its own discretion, to remedy the defect or deliver a replacement. The purchaser must provide COMMIT with the necessary time and opportunity for any required repairs and replacements after prior consultation; otherwise, COMMIT is released from liability for the resulting consequences. If the remedy fails, the purchaser is entitled to withdraw from the contract or reduce the purchase price by notifying COMMIT.
(2) Unless otherwise specified below, further claims of the purchaser—regardless of the legal grounds—are excluded. COMMIT is not liable for damages not arising from the product itself, including lost profits or other financial losses of the purchaser. This limitation of liability does not apply to damages to life or limb caused by intent or gross negligence on the part of COMMIT or its agents, or in cases of breach of essential contractual obligations (so-called cardinal obligations). In the event of a breach of cardinal obligations, COMMIT’s liability for material and personal damages is limited to the amount covered by its existing product liability insurance.
(3) The warranty period is 12 months from the date of delivery.
(4) Warranty and any other liability from COMMIT only apply if a required functional test of the new or repaired product has been performed by COMMIT or an authorized person acting in agreement with COMMIT, and if the purchaser’s personnel have been instructed in the proper handling, application, and operation of the product, including its permissible connection with other products, objects, and accessories. Warranty also requires that operation and maintenance of the product are performed by qualified personnel in accordance with the manufacturer’s instructions.
(5) No warranty is provided for natural wear and tear, improper or negligent handling, incorrect maintenance, or unsuitable operating materials. COMMIT is not liable for the consequences of improper repairs carried out by the purchaser or third parties, or for unauthorized modifications made without prior approval from COMMIT. If no defect is found or the damage is caused by the purchaser’s negligence or misuse, the purchaser shall bear all related repair costs.
(6) The purchaser must prove the requirements for warranty claims, particularly the defect itself, its timing, and the timely notification of defects.
(7) COMMIT’s liability for damages, regardless of legal grounds, including breach of contractual obligations or tort, is excluded unless expressly stated in these conditions.
(8) The provisions of § 9 (7) do not apply to claims under §§ 1,4 of the Product Liability Act, or in cases of intent, gross negligence, initial inability, or impossibility attributable to COMMIT.
(9) Where COMMIT’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.
(10) Purchaser claims against COMMIT expire after 12 months, except for claims from tort unrelated to the product’s defect. Statutory provisions apply to the commencement of the limitation period.
§10 Retention of Title
(1) COMMIT retains ownership of sold goods until full payment is received. COMMIT may reclaim the goods in case of contractual breaches, particularly default, without withdrawing from the contract.
(2) The purchaser must handle the goods with care and protect them from damage at their own expense.
(3) The purchaser must notify COMMIT immediately of third-party access to the goods to enable legal action. The purchaser is liable for damages if third-party costs are not reimbursed.
§11 Assignment/Transfer
Purchaser rights from these GTC cannot be transferred to third parties without prior written consent from COMMIT.
§12 Place of Performance and Jurisdiction
(1) Place of performance is COMMIT’s business location in 38704 Liebenburg unless otherwise stated.
(2) Jurisdiction for disputes with merchants is COMMIT’s business location; COMMIT may also sue at the purchaser’s location.
(3) German law applies, excluding the UN Sales Convention.
§13 E-commerce Terms
(1) Contract conclusion follows §2 with the provision that text form (§126b BGB) is accepted, including email. Contracts are concluded only in German.
(2) COMMIT does not provide information on technical steps to contract conclusion or relevant codes of conduct.
(3) These terms apply exclusively to B2B commerce, except for section 1.
§14 Severability Clause
If any provision of these GTC is void, invalid, or unenforceable, the validity of the remaining provisions remains unaffected. The parties agree to replace invalid provisions with valid ones closest to the intended purpose. This also applies to gaps requiring supplementation.