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B2B · Last updated 30 June 2026

Terms and Conditions

General Terms and Conditions for supplies and services by Handelshouse APN GmbH to entrepreneurs (B2B)

Handelshouse APN GmbH
Alfonsstraße 34, 52070 Aachen, Germany
Commercial register: HRB 29669, Local Court of Aachen
VAT ID: DE461171772
Managing Director: Patrick Hallmann

§ 1 Scope

  1. These Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
  2. Any deviating, conflicting or supplementary purchasing conditions of the buyer shall not form part of the contract, even if the seller does not expressly object to them.
  3. These Terms and Conditions also apply to all future business relationships with the buyer without requiring renewed reference.
  4. Individual agreements made between the parties in text form take precedence.

§ 2 Formation of contract

  1. Offers by the seller are non-binding unless expressly stated otherwise.
  2. The buyer’s order constitutes a binding contractual offer.
  3. An order acknowledgement merely confirms receipt and does not itself establish a contract.
  4. The contract is concluded only by the seller’s written order confirmation or by dispatch or delivery of the goods.
  5. Partial acceptance of orders is permitted.

§ 3 Prices and shipping costs

  1. All prices are net prices plus statutory VAT.
  2. Shipping costs stated in offers or order confirmations are non-binding estimates.
  3. The shipping costs actually incurred at the time of dispatch will be charged.
  4. If actual shipping costs differ materially—by more than 15%—from the estimate, the seller will inform the buyer before dispatch upon request.
  5. For partial deliveries, shipping costs and invoicing may be charged separately for each delivery.

§ 4 Payment terms

  1. Invoices are due without deduction within the agreed payment term.
  2. Cash discounts apply only where expressly agreed in writing for the individual case.
  3. Timeliness is determined by receipt of the full payment by the seller.
  4. In the event of default, statutory default interest, reminder costs and other losses caused by default apply.
  5. To the extent permitted by law, payments may be allocated first to the oldest due claim.
  6. The seller may adjust or revoke payment terms and credit limits for future business.
  7. The buyer may set off claims only where the counterclaim is finally established, undisputed or recognized by the seller. Rights of retention may be exercised only where the counterclaim arises from the same contractual relationship.

§ 5 Delivery

  1. Delivery dates are binding only when expressly confirmed in writing by the seller.
  2. Partial deliveries are permitted where reasonable for the buyer.
  3. Statements of availability do not constitute a delivery guarantee.
  4. Force majeure and other delivery obstacles beyond the seller’s control, including operational disruptions and shortages of raw materials or transport, extend delivery periods by the duration of the obstacle plus a reasonable restart period.

§ 6 Payment default

  1. If the buyer is in default, the seller may withhold further deliveries, including outstanding deliveries under other contracts, until all due claims have been settled.
  2. During the default, the buyer has no claim to further deliveries.
  3. Delivery periods are extended by the duration of the default.
  4. Further statutory rights remain unaffected.

§ 7 Creditworthiness

  1. If the buyer’s creditworthiness deteriorates materially, the seller may require advance payment or security.
  2. After outstanding claims have been settled, there is no entitlement to reinstatement of previous payment terms or credit limits.
  3. The seller decides future payment conditions at its reasonable discretion.

§ 8 Retention of title

  1. The goods remain the seller’s property until all claims arising from the business relationship have been paid in full.
  2. Claims arising from resale of the reserved goods are assigned to the seller as security in advance; the seller accepts the assignment.
  3. If the buyer is in default, the seller may demand surrender of the reserved goods without this constituting withdrawal unless expressly declared.

§ 9 Transfer of risk

  1. The risk of accidental loss or deterioration passes to the buyer upon handover to the transport provider, including in the case of partial deliveries or where the seller has undertaken additional services.

§ 10 Inspection and notification of defects

  1. The goods must be inspected immediately upon receipt in accordance with Section 377 of the German Commercial Code (HGB).
  2. Obvious defects must be reported in text form no later than five working days after receipt.
  3. Hidden defects must be reported immediately after discovery and no later than five working days thereafter.
  4. If notification is not made in accordance with items 2 or 3, the goods are deemed approved unless the seller fraudulently concealed the defect.

§ 11 Warranty and liability

  1. Unless otherwise provided below, statutory provisions apply to warranty claims.
  2. The limitation period for defects in new goods is twelve months from transfer of risk. This does not apply to injury to life, body or health; intent or gross negligence; fraudulent concealment; guarantees; or mandatory law.
  3. The seller has unlimited liability for injury to life, body or health, intent and gross negligence, and under the German Product Liability Act.
  4. For slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable loss typical for the contract.
  5. Liability for other losses caused by slight negligence is excluded, particularly indirect loss, lost profits and consequential financial loss.
  6. These limitations also benefit the seller’s agents, legal representatives and employees.

§ 12 Online distribution

  1. The buyer may sell the goods through its own online shop.
  2. Sale via Amazon, eBay, Kaufland, Otto, Zalando, About You, Etsy or comparable online marketplaces requires the seller’s prior written consent.
  3. In the event of a culpable breach, the seller may discontinue supply and revoke payment terms and credit limits.

§ 13 Final provisions

  1. The place of performance and—where legally permitted—exclusive jurisdiction for all disputes is the seller’s registered office.
  2. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  3. If a provision is or becomes invalid, the remaining provisions remain unaffected. The applicable statutory rule replaces the invalid provision where available.
  4. Declarations may be made in text form, including by e-mail, where legally permissible.