General Terms and Conditions
of the Neuland GmbH & Co. KG
for Businesses

§ 1 Scope

1) The General Terms and Conditions (GTC) presented here are contract documents and apply for all business transactions and thus also future business transactions, deliveries and services of the Neuland GmbH & Co. KG with the customer. They will be accepted by the client to their full extent in the version valid at the time the contract is closed.

(2) The Neuland GmbH & Co. KG hereby dissents to deviating, contradictory or supplemental General Terms and Conditions, which will also not be contract documents.

§ 2 General

(1) The Neuland GmbH & Co. KG offers products for the professional facilities of seminars, training and workshops over the internet shop.

(2) For the purposes of the GTC presented here, customers are businesses.

(3) Businesses are, in particular, natural or legal persons or partnerships vested with legal rights, who, upon closing the legal transaction, act by practicing their commercial or independent professional occupation.

§ 3 Conclusion of the Contract

The products presented in the internet shop www.neuland.eu do not represent a legally binding offer, but rather a non-binding request to submit an offer. By clicking the “Order” button, you submit the legally binding offer (legally binding order) for the goods contained in the shopping cart that you wish to by them at the given price.

Directly after sending your order, you receive from us an automatic e-mail confirmation. This e-mail confirmation is purely a confirmation of submission. This submission confirmation does not constitute a contract.

The purchase contract comes into existence only with the sending of an order confirmation or with the delivery of the goods.

Your contract partner is:

Neuland GmbH & Co. KG
Am Kreuzacker 7
36124 Eichenzell

Tel.: (06659) 88-0
Fax: (06659) 88-188
E-Mail: info@neuland.eu


§ 4 Delivery and Passing of Risk

(1) Delivery will occur at the address indicated during the order process. For payment via Paypal, the delivery will occur at the address stored in the buyer’s Paypal account..

(2) Delivery dates or delivery periods are indicated for individual products. These are only binding if they are confirmed by us in writing. We are also not responsible for delays in delivery due to acts of God and due to events that make delivery considerably difficult or impossible not only temporarily, even for agreed upon periods and deadlines. You authorize us to postpone the delivery for an amount of time equal to the duration of the obstacle plus an appropriate start-up time, or to withdraw from the contract entirely or in part because of the portion not yet fulfilled. To the extent that we are responsible for non-compliance with binding, confirmed periods and deadlines, or to the extent that we find ourselves in delay, our liability is limited to a half percent of the invoice value (without VAT) for each full week of delay for the relevant delivery, at most, however, 5% of the invoice value of the relevant delivery. Further demands are excluded, unless the delay is due to gross negligence on our part.

(3) The risk passes to the buyer as soon as the delivery is given to the person completing the transport. If the shipment is deferred at the request of the customer, the risk passes to the customer upon notification of their readiness for shipment.

§ 5 Prices and Shipping Costs

(1) The prices indicated on www.neuland.eu are net prices not including the legal VAT.

(2) The shipping costs, in other words, the amount and calculation of the shipping costs, can be found on the internet page www.neuland.eu under the heading “Shipping”.

§ 6 Order Discrepancies

We reserve the right to minor discrepancies in regards to colour, material strength and execution. Our information about the object of delivery and service are descriptions and/or designations and not guaranteed characteristics. Improvements caused by technological advances are reserved.

§ 7 Payment Conditions

The seller grants a 2% allowance for adjustments within 14 days or 30 days net cash within Germany. Deductions of any kind (postage etc) are not permitted. In the case of payment delay, the seller is entitled to require interest in the amount of 8% points above the basic interest rate. The seller is allowed to prove that damages were higher.

§ 8 Reservation of Proprietary Rights

The item remains our property until the buyer has paid all outstanding accounts, even bills arising in the future from the business connection, in particular also any eventual current account balance resulting from the quarterly closing deadline, or until the notes or checks given in payment have been cashed. The buyer is allowed to use an item reserved under our proprietary rights only in regular business transaction, in particular such goods can neither be pawned nor used as collateral. In the event of a violation of obligation on the part of the buyer, in particular in case of delayed payment, the seller is entitled, even without setting a deadline, to demand the surrender of the object of delivery and/or to withdraw from the contract; the buyer is obligated to surrender the item. The demand for surrender is not subject to a declaration of withdrawal on the part of the seller, unless it is expressly so declared. If the item is sold or otherwise given to third parties, then the demands and claims arising for the buyer to the third parties have hereby already been ceded in advance to us. The supplier can disclose the cession, if payment is not made, despite reminders that comply with the reminder period of 10 days. If the buyer himself sells the item whose proprietary rights are reserved, then he hereby retains the proprietary rights for us. If the item supplied by us is mixed or connected to other objects, and the buyer cedes his proprietary or co-proprietary rights to the mixed inventory or new objects and keeps them for us with due diligence. The buyer is obligated to announce immediately to the supplier garnishments of items whose proprietary rights are reserved or of ceded demands and claims. The seller bears the costs of an intervention and must present it at the request of the supplier. The outstanding accounts of our customer against his debtor, ceded to us in advance on the part of our customer through the expanded and extended reservation of proprietary rights, are released to us in the amounts of the outstanding account that exceed 120% of the nominal value of the outstanding account against our customer. The statute of limitations for claims and rights due to defects of the deliveries/services – regardless of the legal reason- is 1 year. This does not, however, apply in all cases of the § 438 Sec. 1 No. 1 of the German Civil Code (BGB), § 438 Sec. 1 No. 2 BGB, § 479 Sec. 1 BGB and § 634 a Sec. 1 No. 2 BGB. The statute of limitations begins, for all claims, with delivery, for services, with receipt. Provided nothing else is determined, the legal decisions about the start of the statute of limitations, the expiration of the statute of limitations, the suspension of the statute of limitations and the restart of periods remain unaffected.

§ 9 Limits of Liability

(1) The liability of the Neuland GmbH & Co. KG as well as its legal representatives and assistants is limited to cases of deliberate intent or gross negligence.

(2) The Neuland GmbH & Co. KG is liable only for its own content on the website of its internet shop www.neuland.eu. To the extent that links make it possible to access other websites, the Neuland GmbH is not responsible for the foreign content contained there. It does not appropriate foreign content. If the Neuland GmbH & Co. KG obtains knowledge of illegal content on external websites, the access to these sites will be blocked immediately.


§ 10 Privacy Protection

(1) The Neuland GmbH & Co. KG takes the protection of your personal information very seriously and strictly complies with the regulations of the privacy protection laws, in particular the German Data Protection Act (BDSG). Personal information is only collected on our internet shop www.neuland.eu to the extent necessary for technical purposes. In no case will the information collected from you be sold or given to third parties for other reasons. We use personal information for processing orders, delivery of goods as well as for processing payments. We never give your personal information to third parties who do not work with us directly for the purposes of processing your order. As the customer, you naturally have the right to be informed as well as a right to correct, block and delete the saved information. The customer can delete his information at any time. He also has the right to demand information about the status of his saved information at the e-mail address: info@neuland.eu To the extent that deletion contradicts legal or contractual obligations to store data, the data will be blocked. Your trust is important to us. We would therefore like to give you information about the processing of your personal information at any time. If you have questions that cannot be answered in this Privacy Protection Statement, or if you would like more information, please e-mail us at: info@neuland.eu .


§ 11 Changes to the General Terms and Conditions

(1) The Neuland GmbH & Co. KG reserves the right to change these General Terms and Conditions at any time taking into account an appropriate announcement period of at least two weeks. The announcement shall occur via publication of the applicable General Terms and Conditions, including the date they go into effect, online on the website www.neuland.eu.

(2) If the customer does not object within two weeks of publication, the altered Terms and Conditions are accepted as valid. In the announcement of the changes, the importance of the two week period will be pointed out separately.


§ 12 Severability Clause

Should one of these provisions be ineffective or become ineffective due to legal changes, the remaining provisions continue to be valid without limitation.

§ 13 Final Provisions

(1) Individual oral contract agreements only become contract documents or part of the contract through written confirmation by the Neuland GmbH & Co. KG.

(2) The law of the Federal Republic of Germany applies. The provisions of the UN CISG do not apply.

(3) If the customer is a merchant, legal person of public law or of public legal special assets, the place of jurisdiction for all disputes from this contract is Fulda, provided an exclusive court of jurisdiction is not given.