Our Terms and Conditions

General terms and conditions of Das Ölmännchen GmbH

§1. Scope

The following conditions apply to all goods and services transactions of Das Ölmännchen GmbH. All deliveries and services - including future ones - including suggestions, advice and other ancillary services are carried out exclusively on the basis of these conditions, unless different special conditions / individual agreements have been agreed. Any different, conflicting or supplementary purchasing and / or ordering conditions of the contractual partner (customer) are hereby rejected. This applies in all cases, i.e. even if the service is carried out to the customer without reservation in knowledge of the customer's general terms and conditions.

§2./§3. Conclusion of contract / prices and price increases

1.

All recommendations or advertising for goods and offers from the seller, including on the Internet, are subject to change and represent a non-binding invitation to the buyer to order deliveries and services. By placing an order, the buyer makes a binding offer to conclude a contract.

2.

The seller is entitled to accept the offer within 14 calendar days. The period begins on the day the customer receives the order. The declaration of acceptance is made by the order confirmation in text form. The actual delivery or invoicing is also considered an order confirmation.

3.

The quality of the goods delivered corresponds to the general commercial DIN standards. All samples, specimens, notifications of analysis data provide non-binding indications of the average quality of the goods. Insignificant deviations, in particular commercial deviations from the ordered goods, are permissible and are considered to be contractual fulfillment.

4.

Delivery and invoicing are temperature-compensated on the basis of 15° C in accordance with the 2nd Ordinance amending the Calibration Ordinance of June 21, 1994.

5.

Prices for heating oil products published by the seller are non-binding offers. Unless otherwise stated, all prices are net plus statutory VAT. All other taxes and duties are included. The delivery conditions selected when ordering (see §4) are decisive for the offer price.

6.

If delivery takes place later than 4 months after conclusion of the contract, any changes in material prices, transport costs, tariff changes, ice, high or low water surcharges or tax changes that have occurred in the meantime will be taken into account when calculating the purchase price.

7.

When purchasing tax-privileged goods, the customer is liable for ensuring that Das Ölmännchen GmbH has a valid permit at the time of delivery, which also shows the current company name of the authorized party. If the tax-privileged goods delivered by Das Ölmännchen GmbH are passed on by the customer in violation of legal provisions and/or used in an improper manner, the customer is obliged to reimburse Das Ölmännchen GmbH for the taxes for which Das Ölmännchen GmbH is held liable or liable.

8.

Invoices prepared by Das Ölmännchen GmbH must be checked by the entrepreneur immediately for accuracy with regard to the VAT rate shown. If an incorrect VAT rate is shown, Das Ölmännchen GmbH must be notified in writing within one month of receipt of the invoice. If Das Ölmännchen GmbH does not receive any notification from the entrepreneur within the aforementioned period, the VAT rate shown by Das Ölmännchen GmbH is decisive. If the notification obligation is violated, the entrepreneur is obliged to pay damages to Das Ölmännchen GmbH in accordance with the statutory provisions.

9.

If an order is cancelled at the customer's request, a cancellation fee of 15% of the order value, but at least €151.25, plus applicable VAT, is due. €179.99 including VAT.

§ 4 Delivery conditions; Delivery time

1.

The seller undertakes to supply only quality heating oil in accordance with DIN 51603-1 (heating oil EL) and, if necessary, commercially available branded additives.

2.

Delivery periods and delivery dates are non-binding. The delivery period begins when the contract is concluded, but not before any documents, approvals or releases to be provided by the customer have been provided, and not before the irrevocable or incontestable receipt of an agreed down payment and not before the financing has been concluded.

If the customer has not chosen a different delivery period, the standard delivery period applies, approx. 30 working days.

Working days are Monday to Friday. Weekends and public holidays are not taken into account when calculating the delivery period. The seller's order confirmation is decisive for all delivery periods.

If the non-binding delivery period is exceeded, the buyer must grant a 14-day grace period for delivery - starting from the day on which the customer receives notice of default or, in the case of a calendar-based delivery period, upon its expiry.

3.

When delivering heating oil or fuel, the customer is responsible for ensuring that the tank and the measuring device are in perfect technical condition. Damage caused by overflow because the tank or the measuring device is in a poor technical condition, as well as damage caused by contamination and/or mixing of the remaining stock in the customer's own tank or tanker or by a dirty and/or water-containing tank or tanker belonging to the customer, are at the customer's expense.

The delivery point must be accessible with a tanker of the size ordered. A prerequisite for delivery is an access road that is accessible to heavy trucks. If the delivery vehicle leaves the accessible access road on the customer's instructions, the customer is liable for any damage that occurs.

Any access or delivery restrictions (water protection area, weight restrictions, etc.) must be specified when ordering and are indicated as a note for the driver in the written order confirmation.

4.

The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest upon handover. In the case of mail order sales, however, the risk of accidental loss and accidental deterioration as well as the risk of delay is transferred when the goods are delivered to the forwarding agent, the freight carrier or the other person or institution responsible for carrying out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. In all other respects, the statutory provisions of the law on work contracts also apply accordingly to an agreed acceptance. It is equivalent to handover or acceptance if the customer is in default of acceptance.

The company Das Ölmännchen GmbH is entitled to provide the contractual service in partial deliveries if this is reasonable for the customer. If delivery on demand has been agreed, the customer must request delivery within a reasonable period of time.

5.

If delivery is made impossible or excessively difficult by force majeure, i.e. an event external to the company, caused by elementary natural forces or by the actions of third parties, which is unforeseeable according to human insight and experience, cannot be prevented or rendered harmless by economically acceptable means even with the utmost care that can reasonably be expected given the circumstances, and cannot be accepted by the company operator due to its frequency, official measures, plant shutdown, strike, extreme weather conditions, transport disruptions, epidemics, pandemics, epidemics, war, unrest or similar circumstances - including those affecting suppliers of Das Ölmännchen GmbH - then Das Ölmännchen GmbH will be released from its obligation to deliver for the duration of the hindrance and its aftermath. Das Ölmännchen GmbH will inform the customer immediately of the occurrence of such events. These events also entitle Das Ölmännchen GmbH to withdraw from the contract. In the event of non-delivery or insufficient delivery to Das Ölmännchen GmbH by its suppliers, Das Ölmännchen GmbH is released from its delivery obligations in whole or in part. This only applies if it has taken the necessary precautions to procure the goods to be delivered and has carefully selected its suppliers. In this case, it undertakes to assign its claims against the supplier to the customer upon request.

§5. Material defects, limitation period

1.

The following regulations apply to entrepreneurs:

aa)

The goods must be checked for material defects immediately upon receipt, e.g. quantity, quality, condition. The customer is obliged to note obvious defects on the receipt. Otherwise, Section 377 of the German Commercial Code applies.

bb)

Complaints about obviously defective or obviously different quality of the goods or about delivery of obviously different goods to those ordered can only be made to Das Ölmännchen GmbH immediately, but no later than within one week of receipt of the goods or after the defect became apparent.

cc)

Damage during transport does not entitle Das Ölmännchen GmbH to refuse acceptance.

dd)

The liability of Das Ölmännchen GmbH for physical injury and damage to health as well as liability for damage caused intentionally or through gross negligence, for fraudulent intent or when assuming a guarantee remains unaffected.

ee)

In deviation from Section 438 Paragraph 1 No. 3 of the German Civil Code (BGB), the general limitation period for claims arising from material and legal defects is one year from delivery. If acceptance has been agreed, the limitation period begins with acceptance.

ff)

Mandatory limitation provisions remain unaffected. The limitation period relief mentioned in Paragraph ee) does not apply to claims for injury to life, body or health, for claims based on intent and/or gross negligence and for claims based on the assumption of a guarantee or the assumption of the procurement risk. The longer limitation periods according to Section 438 Para. 1 No. 1 BGB (property rights of a third party), Sections 438 Para. 1 No. 2, 634a Para. 1 No. 2 BGB (buildings, building materials and components as well as planning services for a building), Sections 438 Para. 3 and 634a Para. 3 BGB (fraud) also remain unaffected. If the last contract in the supply chain is a purchase of consumer goods within the meaning of Section 474 BGB (i.e. upon final delivery of the goods to a consumer), the limitation periods according to Section 445b BGB also remain unaffected.

gg)

The limitation periods resulting from paragraphs ee) and ff) for claims due to material and legal defects apply accordingly to competing contractual and non-contractual claims for damages by the customer that are based on a defect in the contractual goods. However, if in individual cases the application of the statutory limitation rules should lead to an earlier limitation of the competing claims, the statutory limitation period applies to the competing claims. The statutory limitation periods under the Product Liability Act remain unaffected in any case.

hh)

If the limitation period for claims against Das Ölmännchen GmbH is shortened in accordance with paragraphs ee) to gg), this shortening applies accordingly to any claims of the customer against the legal representatives, employees, staff, agents and vicarious agents of Das Ölmännchen GmbH that are based on the same legal basis.

2. The following regulations apply to consumers:

Claims for defects and claims for damages that are directly related to a defect expire for used movable items within one year after the used movable item is handed over. The liability of Das Ölmännchen GmbH for physical injury and damage to health as well as liability for damage caused intentionally or through gross negligence, for fraudulent intent or when assuming a guarantee remains unaffected in any case.

§6. Delivery and payment options

1.

The following principles apply to all orders without special options:

- The hose length required for refueling must not exceed 40m

- The standard delivery time shown applies

- Delivery may be made with a tanker truck (articulated truck) with a permissible total weight of 40 t and a width of 2.60m

2.

Unless otherwise agreed, payment is made in cash upon delivery. EC card payment is possible if it was booked when ordering or if the seller agrees. The buyer can book special options, such as a special payment request, faster delivery, longer hose, smaller tanker truck or scheduled delivery, during the ordering process. If the selected option is associated with a surcharge, the price increases accordingly.

The invoice is issued 7 to 14 working days after delivery. After a period of 30 days from receipt of the invoice or upon receipt of a reminder, payment is overdue.

In the event of default, interest on arrears will be charged in accordance with the statutory provisions. 3.

The company Das Ölmännchen GmbH can demand immediate payment of all claims and make deliveries dependent on advance payment or the provision of security if there is a significant deterioration in the customer's financial or income situation or if there is a significant risk to his financial situation.

4.

The company Das Ölmännchen GmbH can offset all claims it is entitled to against the customer against all claims the customer has against it. The customer can only offset undisputed or legally established counterclaims. The customer of Das Ölmännchen GmbH cannot exercise a right of retention that is not based on the same legal relationship.

§7 Failure to perform

1.

The purchase price is due immediately if the customer definitively refuses to pay the purchase price or does not comply with agreed installment payments. In these cases, the company Das Ölmännchen GmbH can refuse to fulfill the purchase contract without setting a grace period and demand reimbursement of all costs, expenses and compensation for loss of value.

2.

If the customer defaults on acceptance, Das Ölmännchen GmbH can store the goods at its own or a third party's premises at the customer's expense and risk or sell them in a suitable manner at the customer's expense without any notice being required.

§8 Retention of title/right of return

1.

Das Ölmännchen GmbH reserves title to the goods delivered until all payments from the business relationship with the customer have been received.

If the customer breaches the contract, in particular if payment is delayed, Das Ölmännchen GmbH is entitled to withdraw from the contract and take back the goods after setting a reasonable deadline. The customer hereby grants Das Ölmännchen GmbH unhindered access to his or her property rented, leased or otherwise used by him, as well as the tank room and the building areas leading to it, for the purpose of carrying out the return.

After taking back the purchased item, Das Ölmännchen GmbH is authorized to sell it; the proceeds from the sale are to be credited to the customer's liabilities less reasonable disposal costs.

2.

The customer may not pledge the reserved goods to third parties or transfer them as security without the express written consent of Das Ölmännchen GmbH before the secured claims have been paid in full. In the event of seizures or other interventions by third parties, the customer must notify Das Ölmännchen GmbH immediately in writing. Any court costs etc. incurred by Das Ölmännchen GmbH must be reimbursed by the customer.

3.

The customer is authorized to resell the delivered goods in the ordinary course of business; However, he hereby assigns to Das Ölmännchen GmbH all claims in the amount of the final invoice amount (including VAT) of its claims arising from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect this claim even after the assignment. The authority of Das Ölmännchen GmbH to collect the claim itself remains unaffected. However, Das Ölmännchen GmbH undertakes not to collect the claim as long as no bills of exchange or cheques are protested, the customer meets his payment obligations from the proceeds received, is not in default of payment and no application has been made to open insolvency proceedings against his assets. If this is the case, however, Das Ölmännchen GmbH can demand that the customer inform it of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.

4.

The processing or transformation of the reserved goods delivered by Das Ölmännchen GmbH by the customer is always carried out for Das Ölmännchen GmbH. If the reserved goods delivered by Das Ölmännchen GmbH are processed with other objects/materials that do not belong to it, it acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed objects/materials at the time of processing. In all other respects, the same applies to the item created through processing as to the goods delivered subject to reservation.

5.

If the reserved goods delivered by Das Ölmännchen GmbH are inseparably mixed with other items/materials that do not belong to Das Ölmännchen GmbH or combined in such a way that they become essential components of a single item, Das Ölmännchen GmbH acquires co-ownership of the new item in proportion to the value of the reserved goods to the other mixed or combined items/materials at the time of combination or mixing. If the combination or mixing takes place in such a way that the customer's item is to be regarded as the main item, it is already agreed that the customer transfers proportionate co-ownership to Das Ölmännchen GmbH. The customer keeps the co-ownership created in this way for Das Ölmännchen GmbH. The same applies to the item created by combination or mixing as to the goods delivered subject to reservation.

6.

The customer is obliged to treat the reserved goods with care, in particular he is obliged to insure them at his own expense against fire, water damage and theft to the replacement value. If maintenance and inspection work is required, the customer must carry this out in a timely manner at his own expense.

7.

In the event of loss or damage to the reserved goods, the customer assigns any existing claims for insurance benefits in the amount of the final invoice amount (including VAT) of the claims of Das Ölmännchen GmbH in respect of the delivery item to Das Ölmännchen GmbH in advance as additional security.

8.

The company Das Ölmännchen GmbH undertakes to release the securities to which it is entitled at the customer's request to the extent that the realizable value of its securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released is the responsibility of the company Das Ölmännchen GmbH.

§9 Exclusions and limitations of liability

1.

Subject to the provisions of the following paragraph, the company Das Ölmännchen GmbH is liable for damages - in the case of contractual, non-contractual or other claims for damages, regardless of the legal basis, in particular due to defects, delay and impossibility, fault in contract negotiations and tort - only in the event of intent and/or gross negligence, including intent and/or gross negligence on the part of the representatives of the company Das Ölmännchen GmbH or vicarious agents. In addition, Das Ölmännchen GmbH is liable for damages resulting from the breach of a material contractual obligation, i.e. an obligation whose fulfilment enables the proper execution of the contract and on whose fulfilment the customer can therefore regularly rely (cardinal obligation), even in the event of simple negligence, including simple negligence on the part of the representatives of Das Ölmännchen GmbH and vicarious agents. As long as Das Ölmännchen GmbH is not accused of an intentional breach of duty, liability for damages is limited to the foreseeable, typically occurring damage.

2.

The exclusions and limitations of liability regulated in paragraph 1 do not affect claims for damages resulting from injury to life, body and health as well as claims by the customer under the Product Liability Act, the special statutory provisions for the final delivery of the goods to a consumer and other mandatory statutory liability regulations. The above exclusions or limitations of liability also do not apply if Das Ölmännchen GmbH has fraudulently concealed a defect or if Das Ölmännchen GmbH is liable for assuming a guarantee or for assuming the procurement risk.

3.

The above paragraphs 1 and 2 also apply if the customer demands compensation for wasted expenditure instead of a claim for compensation for damages instead of performance.

4.

Insofar as liability for damages towards Das Ölmännchen GmbH is excluded or limited, this also applies with regard to the personal liability for damages of employees, workers, staff, representatives of Das Ölmännchen GmbH and vicarious agents, which are based on the same legal basis.

§10 Data protection

Das Ölmännchen GmbH collects, stores and processes personal data in accordance with the provisions of the General Data Protection Regulation (GDPR). Das Ölmännchen GmbH will transmit personal data to credit agencies (e.g. Schufa, Creditreform) about non-contractual behavior in compliance with the provisions of the GDPR. If the customer, as the responsible body in accordance with Art. 4 No. 7 GDPR RWZ, transmits personal data, he is obliged to inform the person concerned in good time in accordance with Article 14 GDPR about the data processing by Das Ölmännchen GmbH; Das Ölmännchen GmbH refrains from informing the person concerned.

§11 Place of performance, applicable law, place of jurisdiction

The business premises of Das Ölmännchen GmbH are the place of performance for both parties if the customer is a merchant, a legal entity under public law or a special fund under public law.

The legal relationships between the parties are subject to German law. The application of the United Nations Convention on the International Sale of Goods (CISG) is excluded.

The place of jurisdiction is Cologne, as far as legally permissible

Cancellation policy Das Ölmännchen GmbH

When purchasing heating oil, the statutory right of cancellation does not apply to consumer customers because the exclusion reason in Section 312g Paragraph 2 No. 8 of the German Civil Code applies to contracts for the delivery of heating oil. Consumers cannot therefore revoke their declaration of intent aimed at concluding the contract.

The price of the goods depends on fluctuations in the financial market over which the entrepreneur (heating oil dealer) has no influence and which can occur within the cancellation period. There is generally no right of cancellation for commercial buyers.

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