Data Protection Policy

GENERAL TERMS AND CONDITIONS SAFI FOOD GMBH HAMBURG

1. Scope of these General Terms and Conditions1. These sales conditions of Safi Food GmbH apply exclusively to entrepreneurs, legal entities under public law, or special public assets within the meaning of Section 310, Paragraph 1 of the German Civil Code (BGB). We only recognize conflicting conditions or conditions deviating from our sales conditions of the orderer if we expressly agree to their validity in writing.

1. Scope of these General Terms and Conditions 2. Hereinafter, the term “Customer” refers to all persons who make an offer to Safi Food GmbH for the delivery of products or services, as well as to persons who enter into a contract with Safi Food GmbH for the delivery of products or services.

3. Individually made agreements with the purchaser in specific cases (including ancillary agreements, supplements, and amendments) shall take precedence over these terms of sale in all instances. The content of such agreements shall be governed, subject to contrary evidence, by a written contract or our written confirmation.

4. Should any provision of these General Terms and Conditions be invalid for any reason, the remaining provisions shall remain in effect.

5. Deviations and supplements to these General Terms and Conditions shall be deemed valid only if Safi Food GmbH has agreed to them and they have been stipulated in writing.

2. Offer and Conclusion of Contract

1. If an order is to be considered an offer according to § 145 of the German Civil Code (BGB), we can accept it within two weeks. All offers or specified offers from Safi Food GmbH are non-binding unless explicitly stated otherwise. If a non-binding offer is accepted by the customer, Safi Food GmbH has the right to withdraw the offer.

2. The content of all price lists, brochures, and other data with an offer or a specified offer has been provided as accurately as possible. The relevant data is only binding for Safi Food GmbH if this has been expressly confirmed in writing by Safi Food GmbH. Specified offers are made available based on the possible data of the customer upon application.

3. Contracts are concluded at the moment when (1) Safi Food GmbH confirms a customer’s offer or order either verbally or in writing; (2) at the moment Safi Food GmbH commences with the execution of the contract; or (3) at the moment the customer receives an invoice for the respective contract.

3. Prices

1. Unless otherwise agreed in writing, our prices are ex-works plus value-added tax at the applicable rate.

2. If the prices of suppliers of Safi Food GmbH or other price-determining factors increase between the time of contract conclusion and delivery, then Safi Food GmbH is entitled to adjust the price accordingly.

4. Delivery and Acceptance

1. Unless otherwise specified in the indicated offer or the contract in writing, delivery will be made by making the products available at the address of Safi Food GmbH. The time of delivery shall be deemed to be the moment when the ordered products are received.

2. If the delivery does not take place at the address of Safi Food GmbH, it will be delivered under FOB (Free on Board) shipping conditions. This is particularly important if the customer does not yet have access to the goods because they have not been cleared. The customer is responsible for the clearance of the goods and customs clearance.

2. If the delivery does not take place at the address of Safi Food GmbH, it will be delivered under FOB (Free on Board) shipping conditions. This is particularly important if the customer does not yet have access to the goods because they have not been cleared. The customer is responsible for the clearance of the goods and customs clearance. …

4. In the event of a rejection of acceptance, Safi Food GmbH reserves the right to charge the customer for any associated costs (including storage and transportation costs). If the delivery includes perishable goods that spoil as a result of the rejection, Safi Food GmbH shall have the right, without further stipulation, to conclude the contract compliance with the customer’s consent, while still retaining the obligation to deliver.

5. From the moment of delivery, including the moment referred to in paragraphs 1, 2, and 3 of this article, the delivery shall be made at the customer’s account and risk. In the case of delivery under FOB (Free On Board) terms, the risk is already with the customer before receiving the goods, namely when the goods are handed over to the carrier.

6. Stated delivery times are never to be considered fixed unless, due to the nature of the products to be delivered, it is evident that the stated delivery times are indeed fixed. The customer must still provide Safi Food GmbH with a reasonable period for delivery.

7. If there is suspicion that the customer may not be able to meet their payment obligations, Safi Food GmbH reserves the right to deliver orders via cash on delivery or to postpone the delivery of products until the customer has provided adequate security for payment by other means.

8. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

5. Payment and Retention of Title

1. Payment must be made within 30 days from the invoice date unless otherwise agreed, and the customer is in default due to non-payment by law, without the need for any reminder.

2. From the moment the customer is in default until the day of full payment, they must pay default interest of 1% per month or any part thereof to Safi Food GmbH, irrespective of Safi Food GmbH’s right to statutory compensation for damages.

3. The offsetting of claims by the customer against Safi Food GmbH is not permitted.

4. All costs for the collection of the amounts due from the customer shall be borne by the customer. The collection fees charged by Safi Food GmbH amount to 15%, with a minimum of €50.

5. The customer’s payments to Safi Food GmbH shall first be applied to any due interest or costs, and only then to the oldest outstanding invoice.

6. Notwithstanding anything else stated in these terms and conditions, the products delivered to the customer by Safi Food GmbH remain the property of Safi Food GmbH, provided that the nature of the products does not contradict this. The products shall remain the property of Safi Food GmbH until the customer has fully paid for the products.

7. Safi Food GmbH is authorized, without any further notice, to remove the delivered products from the customer or their holders in accordance with the provisions of this article if the customer fails to fulfill their obligations. The customer is obliged to facilitate the removal of the products.

6. Suspension and Termination

1. Safi Food GmbH is entitled to suspend the fulfillment of its obligations or to terminate the contract in whole or in part if: the customer does not comply with his contractual obligations or does not comply fully, or if Safi Food GmbH learns after the conclusion of the contract that there are legitimate grounds to fear that the customer will not be able to fulfill his obligations.

2. Furthermore, Safi Food GmbH is entitled to terminate the contract if circumstances arise that are such that the further execution of the unchanged contract cannot be expected.

3. If the contract is (partially) rescinded, then Safi Food GmbH’s claims against the customer are to be paid immediately upon request. If Safi Food GmbH suspends the fulfillment of its obligations, it retains its rights under the law and the contract.

4. Safi Food GmbH reserves its right to claim damages at any time.

7. Force Majeure

1. If Safi Food GmbH is permanently or temporarily unable to carry out the (further) execution of the contract due to force majeure, then Safi Food GmbH is entitled, without any obligation for damages, to dissolve the contract in whole or in part by means of a written notice, without judicial intervention or suspending the further execution of the contract, notwithstanding Safi Food GmbH’s right to payment from the customer for the services already provided by Safi Food GmbH.

2. Force majeure encompasses all circumstances under which Safi Food GmbH is temporarily or permanently unable to meet its obligations, such as (but not limited to) labor strikes at its own facilities or those of its suppliers, unforeseeable transportation issues, fire, unforeseen governmental measures, including specific import and export bans and restrictions, and enterprise disruptions at its own facilities or those of its suppliers, as well as unforeseeable supply failures that prevent Safi Food GmbH from fulfilling its obligations to the customer.

8. Conformity

1. Safi Food GmbH strives to achieve the highest possible quality in the delivered products with the characteristics required for normal use.

2. The customer must inspect the delivered products immediately after delivery. Visible defects or damage to the delivered goods or packaging that are present at the time of delivery must be reported by the customer on the delivery note, invoice, or transport documents; otherwise, it is assumed that the goods have been accepted.

Visible defects or damage to the delivered goods or packaging that are present at the time of delivery must be reported by the customer on the delivery note, invoice, or transport documents; otherwise, it is assumed that the goods have been accepted. …

4. If the product does not conform to the agreed specifications and a timely complaint has been made, as outlined in sections 2 and 3, Safi Food GmbH will replace or repair the product.

9. Warranty and Defect Notification as well as Recourse/Manufacturer’s Recourse

1. In the event of defects in the delivered goods (Article 8), the liability of Safi Food GmbH is limited to the replacement or repair of the defective products.

In other cases, Safi Food GmbH is liable only for direct damage that is a result of intent or gross negligence on the part of Safi Food GmbH. The liability for direct damages is limited to the purchase price of the products in the affected order. Safi Food GmbH is never liable for indirect damages, including consequential damages, lost profits, missed savings, and damages resulting from revenue decline.

3. In all cases, the liability of Safi Food GmbH is limited to the amount that can be paid out by the insurance in the prevailing case.

10 Miscellaneous 1. This contract and the entire legal relationship of the parties shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention (CISG).

2. The place of fulfillment and exclusive jurisdiction for all disputes arising from this contract shall be the registered office of Safi Food GmbH in Hamburg, unless otherwise stated in the order confirmation.