Terms of Delivery and Payment for FEGRO/SELGROS cash & carry markets

With a legally binding signature, the trader and cardholder agrees to comply with Terms of Delivery of Payment in all transactions relating to or with FEGRO/SELGROS.

1. FEGRO/SELGROS is a wholesale centre for resellers and trade bulk consumers. Goods and products offered and sold by FEGRO/SELGROS are intended solely for resale, or for commercial use.

Entry to FEGRO/SELGROS outlets is only permissible with a valid FEGRO/SELGROS customer card. The customer agrees to use the purchased goods only for resale, or for use in a business. The FEGRO/SELGROS customer card is non-transferable and is only valid in combination with the customer's identity card. In case a customer is in some way prevented, the owner of a business may make an exception and authorize another person in writing to make a single purchase for business purposes. Each purchase is made on behalf of, and in the name of the business owner. He/she is the sole contractual partner. The customer card owner is thereby entitled to issue all statements. The person named in the customer card is entitled to take along one accompanying person.

2. The business owner agrees to pay a contractual penalty to the amount of €1,000 in case an unauthorized person makes any purchases, or tries to make any purchases at FEGRO/SELGROS with his/her customer card. He/she also agrees to pay such a contractual penalty in case his/her customer card is used directly or indirectly for the purpose of a test purchase, or if goods are not purchased for business purposes, or for resale (with the exception of covering his/her own sector-identical requirements). Upon avoidance of the aforementioned contractual penalty he/she also agrees to purchase tobacco products only for the express purpose of resale as registered with the customs office.

3. The customer card can be cancelled by FEGRO/SELGROS at any time and must be returned if so required. As far as such measures are concerned, FEGRO/SELGROS is not obliged to issue a reason. The owner of the business agrees to return his/her customer cards to FEGRO/SELGROS as soon as he/she terminates his/her business. The customer is obliged to inform FEGRO/SELGROS immediately of any loss of the customer card or upon revocation of purchase entitlement.

4. FEGRO/SELGROS prices do not include value added tax. The prices quoted in FEGRO/SELGROS offers are only valid for a limited period. The quantities supplied are subject to confirmation.

5. Customers are obliged to purchase goods if they opened or damaged the original packaging or pallets.

6. Upon purchase of fixed-price items, the customer agrees to abide by resale at the prescribed retail prices.

7. Invoices must be paid exclusively in cash via delivery of the goods versus payment. Until all claims have been settled, the customer remains obliged if a third party settles payments on the customer's behalf. The goods remain the property of FEGRO/SELGROS until full payment of all claims from the business transaction has been met, up to the potential payment of cheques and direct debits. In the case of various, non-cash transactions or credit provisions, the owner of the business agrees to let FEGRO/SELGROS request bank or other commercial information to assess credit worthiness as well as information on name and address.

8. The customer agrees to give notification of defects in accordance with the requirements of § 377 HGB. In the case of a physical defect, the customer may only demand an abatement of the purchase price or rescission from the contract should there be a failure in later restoring. FEGRO/SELGROS reserves the right to two later attempts to restore the product.

9. Parking on the FEGRO/SELGROS premises, entering FEGRO/SELGROS establishments and using means of transport are at the customer's own risk. Children and minors are only permitted entry to the cash & carry markets when accompanied by a legal guardian. Please use the shopping carts with baby or children's seats provided by FEGRO/SELGROS. FEGRO/SELGROS can accept no liability for children or minors entering the premises.

10. FEGRO/SELGROS reserves the right to check the goods purchased by the owner of the business, or an authorized employee, to see whether they comply with the obligations as stipulated in accordance with Clause 1.

11. The owner of the business is aware of the fact that the personal data he/she provides is stored and can be passed on within FEGRO/SELGROS for the purpose of billing invoices, or serve to include his/her business address in FEGRO/SELGROS advertising campaigns.

Should any damages be incurred to FEGRO/SELGROS or a third party due to a breach of the aforementioned conditions listed under Clause 1-11, the owner of the business is agreed to award full compensation.

Should any of the above-mentioned conditions be totally or partially invalid, all other conditions will nevertheless remain valid. The place of performance is the individual FEGRO/SELGROS location; the court of jurisdiction is Offenbach/Main.

OHG FEGRO/SELGROS
Gesellschaft für Großhandel mbH & Co.