General Terms and Conditions (GTC)
of Bettfedernfabrik Schwarzfischer GmbH & Co. KG
Status: 2025
These General Terms and Conditions apply to all current and future business relationships between Bettfedernfabrik Schwarzfischer GmbH & Co. KG, Weiherhausweg 4, D-93426 Roding, and its commercial customers in Germany and abroad. Our offers are exclusively aimed at entrepreneurs within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB are excluded from delivery. We expressly object to any counter-confirmations from the customer referring to their own terms and conditions.
§ 2. Conclusion of Contract
Offers, price information, and delivery times are always non-binding and subject to change. Modifications remain reserved.
A contract is concluded by the customer placing an order by e-mail, in writing, by phone, orally or by fax, and through our explicit order confirmation or delivery of the goods. All offers are non-binding. A minimum order value of EUR 50.00 net is required for delivery. If this is not met, we reserve the right to charge a processing fee of EUR 15.00.
§ 3. Prices and Shipping Costs
The prices valid at the time of the order apply according to our current price list or the individual offer. The buyer bears the costs for postage and freight. All prices are in euros plus the applicable VAT. Shipping costs within the EU and to third countries depend on weight and volume according to the valid price list or offer. In third countries, customs and handling fees may also apply. Please refer to the current price list or offer for exact costs.
§ 4. Delivery and Shipping
Delivery is made by our logistics partner to the delivery address provided by the customer within the EU and to third countries. As soon as the goods leave our warehouse, the risk transfers to the buyer in accordance with § 447 BGB – even if we bear the shipping costs. Partial deliveries are permitted as long as they are reasonable for the customer. Delivery periods are non-binding unless a fixed delivery date has been expressly agreed upon in writing.
§ 4a. Transport Damage
The customer is obliged to check the goods immediately upon delivery for any externally visible damage. Transport damage must be reported to the delivery person upon handover, noted in writing on the delivery or freight document, and countersigned by the delivery person. Hidden damage must be reported to us in writing within 5 working days of receipt of the goods. The damage report must include a comprehensible description of the defect and meaningful photographic evidence of the damaged goods and packaging. Compliance with these deadlines and formal requirements is a prerequisite for any compensation. In the case of delayed or insufficient notification, entitlement to replacement or reimbursement may lapse.
§ 5. Terms of Payment
Delivery is made exclusively under the payment terms stated in the current price list or offer.
In the event of late payment, we reserve the right to charge statutory default interest in accordance with § 288 BGB as well as reasonable reminder fees. We reserve the right to assert further claims.
Deductions for postage, expenses, or other incidental costs are not permitted.
Offsetting with counterclaims and the assertion of rights of retention are excluded unless such counterclaims are undisputed or legally established.
§ 6. Complaints and Warranty
Obvious defects must be reported to us in writing immediately upon receipt of the goods. In the case of justified complaints, we reserve the right to deliver defect-free replacement goods. Color deviations in dyed and bleached goods do not constitute a defect. Our measurements and weights are approximate values, meaning a tolerance of +/- 3–5% is possible and therefore not a defect. Due to the nature of natural materials such as bedding feathers, slight deviations in color, fill power, or texture may occur due to production and do not constitute a defect under statutory warranty law and do not entitle the customer to file a complaint. Further claims, especially for damages, loss of profit or consequential damages, are excluded to the extent legally permitted.
§ 7. Delivery Delays
In the event of delivery delays due to force majeure, operational disruptions, strikes, lockouts or failure of supply by our suppliers, we reserve the right to withdraw from the contract in whole or in part. Claims for damages are excluded. The same applies in the event of other delivery obstacles for which we are not responsible.
§ 8. Withdrawal Due to Payment Risk
We reserve the right to withdraw from the contract if, after receipt of the order, there are indications of the customer’s endangered ability to pay or if the customer is in arrears with other payments.
§ 9. Retention of Title
The delivered goods remain our property until full payment of all outstanding claims. The buyer is entitled to sell or process the goods in the ordinary course of business. Pledging or transfer by way of security is not permitted. In the event of processing, co-ownership arises in proportion to the invoice value. Claims from resale are assigned to us in the amount of the outstanding invoice value.
§ 10. Data Protection and Credit Check
We reserve the right to carry out a credit check if there is a legitimate interest. For this purpose, we transmit your data to Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss. Further information in accordance with Art. 14 GDPR can be found at: www.boniversum.de/eu-dsgvo
§ 11. Animal Welfare / Origin
We place the highest value on ethically acceptable and sustainable production methods. No live plucking is used in the sourcing of down and feathers. Our upstream suppliers are committed to complying with internationally recognized animal welfare standards. In addition, all materials used are certified by independent institutes according to OEKO-TEX® Standard 100 and meet the highest requirements for environmental and consumer protection.
§ 12. Jurisdiction and Applicable Law
German law shall apply exclusively to all legal relationships, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for both contracting parties – to the extent legally permissible – is Cham.
§ 13. Final Provisions
Should any provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
In place of the invalid or unenforceable provision, a regulation shall apply that most closely reflects the economic intent of the original provision. The same applies in the event of a regulatory gap.