Terms and Conditions

Terms and Conditions of St. Hippolyt Mühle Ebert Online Shop

General Terms and Conditions (hereinafter „Terms and Conditions“) for the sale of products from the
St. Hippolyt Mühle Ebert GmbH, Talstraße 27, 69234 Dielheim (hereinafter „St. Hippolyt“ or „we“) .

1. General – Scope

1.1 Our terms and conditions of sale as set out in these General Terms and Conditions shall apply exclusively; we do not recognise any terms and conditions of the purchaser that conflict with or deviate from our General Terms and Conditions, unless we have expressly agreed to their validity in writing in advance. Our General Terms and Conditions shall also apply if we carry out the delivery to the customer without reservation, whilst being aware of any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale.

1.2 All contractual agreements made between us and the customer for the purpose of performing a contract must be in writing to be valid.

1.3 The provisions of these General Terms and Conditions apply subject to any deviating provisions agreed in individual contracts.

2. Tender – Tender documents

2.1 Orders shall be deemed to constitute an offer by the purchaser in accordance with Section 145 of the German Civil Code (BGB). The period for acceptance by St. Hippolyt, which shall take the form of either an order confirmation or delivery, is two weeks.

2.2 We reserve all rights of ownership and copyright in illustrations, drawings, cost estimates and other documents. This also applies to documents designated as „confidential“. The customer must obtain our written consent before disclosing them to third parties.

3. Prices – Terms of Payment

3.1 Unless otherwise stated in the order confirmation, our prices are „ex works“ in accordance with the FCA Incoterm 2020®.

3.2 Unless otherwise stated, all prices quoted are net, plus VAT at the statutory rate. VAT is shown separately.

3.3 The deduction of cash discounts is not permitted unless otherwise agreed.

3.4 Invoice amounts are payable immediately from the invoice date, with a payment term of 14 days. In accordance with Section 286(2) of the German Civil Code (BGB), the customer shall automatically be in default of payment of the invoice amount if they fail to pay within 30 days of the due date and receipt of an invoice or equivalent statement of account; in the event of the customer being in default, St. Hippolyt is entitled to charge interest on arrears at the statutory rate in accordance with Section 288 of the German Civil Code (BGB).

3.5 The customer shall only be entitled to set-off rights if their counter-claims have been established by a final and binding judgement, are undisputed, or have been acknowledged by St. Hippolyt. Furthermore, the customer shall only be authorised to exercise a right of retention to the extent that their counter-claim arises from the same contractual relationship.

4. Delivery time

4.1 The delivery period specified by St. Hippolyt shall commence only once all technical issues have been clarified.

Delivery times specified by St. Hippolyt are not, as a rule, to be regarded as fixed dates within the meaning of a fixed-date transaction. Minor deviations from the delivery times stated in an order confirmation must be accepted.

Any further rights of the customer, in particular the right to withdraw from the contract or to terminate it, are subject to the customer issuing a formal notice setting a deadline. The formal notice must not be issued before the expiry of two weeks following the delivery deadline stated in the order confirmation. The deadline to be set must be at least two weeks.

4.2 Our obligation to deliver is conditional upon the customer’s timely and proper fulfilment of their obligations. We reserve the right to raise the defence of non-performance of the contract.

4.3 If the customer is in default of acceptance or culpably fails to fulfil their obligations to cooperate, we shall be entitled to claim compensation for the loss incurred by us in this respect, including any additional costs. We reserve the right to make further claims.

4.4 Provided that the conditions set out in clause 4.3 are met, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser at the time when the buyer is in default of acceptance or payment.

4.5 St. Hippolyt shall be liable in the event of its own delay in accordance with the statutory provisions, provided that the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; any fault on the part of our representatives or vicarious agents shall be attributed to us. Provided that the supply contract is not based on an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring loss, capped at a maximum of three times the order value.

5. Transfer of risk – Packaging costs

5.1 Deliveries are generally on an „ex works“ basis (FCA Incoterms®) from St. Hippolyt in Dielheim.

5.2 St. Hippolyt is entitled to charge a nominal fee of €12.50 plus VAT for pallets to be supplied. St. Hippolyt is willing to accept returnable pallets. Where comparable pallets are provided at the same time, St. Hippolyt will not charge the aforementioned nominal fee.

5.4 Upon separate request by the customer, the delivery may be covered by transport insurance; the costs incurred in this regard shall be borne by the customer.

6. Liability for defects / Limitation period

6.1 Claims for defects by the purchaser are subject to the purchaser having duly fulfilled its obligations to inspect the goods and give notice of defects in accordance with section 377 of the German Commercial Code (HGB).

6.2 Where the goods purchased are found to be defective, St. Hippolyt shall be entitled, at its discretion, either to remedy the defect or to supply a new, defect-free item. In the event that the defect is remedied, St. Hippolyt shall bear the costs only up to the amount of the relevant purchase price of the delivery.

6.3 If the subsequent performance fails on two occasions, the customer shall be entitled, at their discretion, to demand either rescission or a reduction in price. In such cases, compensation for damages shall be limited to the foreseeable loss that would typically occur.

6.4 St. Hippolyt shall be liable in accordance with the statutory provisions for claims for damages arising from wilful misconduct or gross negligence, including wilful misconduct or gross negligence on the part of St. Hippolyt’s representatives or vicarious agents. In all other cases, compensation shall be limited to the foreseeable, typically occurring loss, up to a maximum of three times the contract value.

6.5 St. Hippolyt shall be liable for any culpable breach of a material contractual obligation; in such a case, the amount of damages shall be limited to the foreseeable loss that would typically occur.

6.6 Furthermore, St. Hippolyt’s liability is limited to cases of culpable injury to life, limb or health, and to mandatory liability under the Product Liability Act.

6.7 Customers are expressly advised that goods such as animal feed, dietary feed, food supplements for humans and all products that are perishable must be stored correctly and, in particular, protected from heat, moisture, excessive light and pests. St. Hippolyt accepts no liability in the event of failure to comply with the relevant storage instructions.

6.8 The limitation period for any claims for defects, including claims for rectification and any resulting claims for damages, is six months in the case of animal feed and twelve months in all other cases, calculated from the date of transfer of risk, but not before the expiry of the product’s best-before date.

7. Total liability

7.1 Any liability for damages beyond that provided for in § 6 is excluded, irrespective of the legal nature of the claim asserted. This also applies to claims for damages arising from fault at the time of conclusion of the contract, from other breaches of duty or from tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).

7.2 Where St. Hippolyt’s liability for damages is excluded or limited, this shall also apply to the personal liability for damages of its employees, staff, representatives and agents.

8. Retention of title

8.1 St. Hippolyt retains title to the goods until all payments under the supply contract have been received. Should the purchaser act in breach of the contract, in particular in the event of late payment, St. Hippolyt is entitled to reclaim the goods. The taking back of the goods by St. Hippolyt does not constitute a withdrawal from the contract, unless St. Hippolyt has declared this in writing. The seizure of the goods by St. Hippolyt always constitutes a withdrawal from the contract. Following the recovery of the goods, St. Hippolyt is authorised to realise their value; the proceeds of such realisation shall be set off against the purchaser’s liabilities – less reasonable costs of realisation.

8.2 The purchaser is obliged to treat the goods with due care; in particular, they are obliged to insure them adequately at their own expense against damage caused by fire, water and theft, at replacement value. Where maintenance and inspection work is required, the purchaser must carry this out in good time at their own expense.

8.3 In the event of attachment or any other intervention by third parties, the customer must notify St. Hippolyt in writing without delay so that St. Hippolyt may assert its rights under the retention of title.

8.4 The purchaser is entitled to resell the goods in the ordinary course of business; however, the purchaser hereby assigns to St. Hippolyt all claims amounting to the final invoice total (including VAT) arising from the resale against its customers or third parties, irrespective of whether the goods have been resold in their unaltered state or after processing. St. Hippolyt accepts the assignment. The purchaser remains authorised to collect this claim even after the assignment. Our right to collect the claim ourselves remains unaffected by this. We undertake, however, not to collect the claim as long as the purchaser meets their payment obligations from the proceeds received, does not fall into arrears and, in particular, no application has been made for the opening of insolvency proceedings or suspension of payments has occurred. Should this be the case, St. Hippolyt may disclose the assignment and demand payment of any claims arising from the retention of title to itself.

8.5 Any processing or alteration of the goods purchased by the customer shall always be carried out on our behalf. If the goods are processed together with other items not belonging to us, we shall acquire co-ownership of the new item in the proportion of the value of the goods (invoice total, including VAT) to the value of the other processed items at the time of processing. In all other respects, the provisions applicable to the goods delivered subject to retention of title shall also apply to the item resulting from such processing.

8.6 If the purchased goods are inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the purchased goods (invoice total, including VAT) to the value of the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the principal item, it is deemed agreed that the customer shall transfer proportionate co-ownership to us. The customer shall hold the sole ownership or co-ownership thus created in safe custody on our behalf.

8.7 St. Hippolyt shall release collateral at the Customer’s request to the extent that the realisable value of the collateral exceeds the claims to be secured by more than 20 %; the choice of which collateral is to be released shall be at St. Hippolyt’s discretion.

9. Jurisdiction – Place of performance

9.1 Where the purchaser is a trader, the place of jurisdiction shall be St. Hippolyt, where St. Hippolyt has its registered office; St. Hippolyt shall also be entitled to bring proceedings against the purchaser at the court for the purchaser’s place of residence or at the court for the location of the purchaser’s place of business.

9.2 The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

As at 4 December 2024

Supplier information

St Hippolyt’s Mill, Ebert
Sales and delivery are governed by the General Terms and Conditions (GTC) of St. Hippolyt.

The invoice date is the same as the delivery date. Thank you very much for shopping with us.

Bank details:
If you have selected „bank transfer“ as your payment method: The total amount must be transferred to our account immediately and in full:

Account holder: St. Hippolyt Mühle Ebert GmbH
Bank: Commerzbank
IBAN: DE69 5308 0030 0796 0773 00
BIC: DRESDEFF530

Please state the invoice number as the payment reference in your bank transfer!

Legal notice – in accordance with Section 5 of the German Data Protection Act (DDG):

St. Hippolyt Mühle Ebert GmbH
27 Talstraße
69234 Dielheim

Telephone: 06222 990 100

Company register: Mannheim Local Court, HRB 351052
Managing Directors: Bernhard Edwin Ebert and Ivo Roger Ebert-Brenninkmeyer
VAT registration number: DE156659191

Email: info@st-hippolyt.de

For further information or in the event of technical problems, please contact the address given above Email address or use this Contact form.