This English version is provided for convenience only. Only the German version is legally binding.
§ 1 Scope
GeleeVital offers its products and services exclusively to businesses within the meaning of Section 14 of the German Civil Code (BGB), in particular agricultural, forestry and horticultural businesses and municipalities. No contracts are concluded with consumers within the meaning of Section 13 BGB. By placing an order, the customer confirms that they are acting in the course of their commercial or self-employed professional activity.
The following terms and conditions apply to all types of cooperation with GeleeVital, a sole proprietorship of Mr Heiko Ernst, Möhnestr. 5, 79238 Ehrenkirchen, Germany. Types of cooperation may include (non-exhaustive list):
- Purchase of GeleeVital products
- Delivery
- Taking, shipping and analysing soil samples
- Consulting
- etc.
These terms also apply to all payment terms and payment transactions. They apply to quotations, orders and payments alike.
These terms apply to transactions within Germany and the EU as well as outside them.
These terms apply to transactions concluded with the owner as well as to those of all authorised representatives and vicarious agents.
These terms do not apply to cooperation activities for which an explicitly valid cooperation agreement has been concluded.
§ 2 Scope of services
Services performed entirely by GeleeVital fall within the scope of these terms. They include:
Production
Production of individual product blends based on soil samples and/or customer requirements. Products are blended individually only after the order has been placed and in accordance with the payment terms.
Storage
Storage of raw and finished materials for delivery to the customer.
Delivery
Delivery of finished blends to the customer or to a location named by the customer, by GeleeVital or third parties.
Preparatory work
Taking soil samples, creating suitable nutrient profiles.
Soil
The products are worked into the soil by the customer. By arrangement, GeleeVital can provide suitable machinery. Operating the machine and applying the material are entirely the customer's responsibility.
Consultations
Advice on products, treatments etc. as part of purchase advice and ongoing support.
Service work
Preparation of quotations, order confirmations, customs and shipping documents, proof of transport, product information, invoices, information folders etc.
§ 2a Charges if no order is placed
If GeleeVital takes a soil sample and/or prepares an individual quotation, these services are chargeable even if no order results.
If no order is placed, GeleeVital charges a flat rate for:
- the soil analysis (laboratory and evaluation), if the sample was taken by GeleeVital
- a service fee for consulting, quotation preparation, administration and follow-up
These items can be invoiced independently of each other and are deemed services rendered. There is no entitlement to a credit note.
§ 3 Deliveries, storage
The delivery and logistics terms apply to all products ordered by the customer for delivery.
§ 3.1 Delivery
Products ordered by the customer are delivered by GeleeVital, its authorised representatives, vicarious agents or a third-party service provider. The party carrying out the delivery is responsible for it. If GeleeVital carries out the delivery itself, a delivery fee is payable, based on effort and kilometres driven.
Delivery or shipment via a third-party service provider takes place:
a) for new customers, only after full payment of all outstanding invoices
b) for existing customers, only after payment of 50 % of outstanding invoices
§ 3.2 Storage
Products ordered by the customer are kept in stock for a maximum of 7 days, counted from the date GeleeVital notifies the customer that the product is finished. This notification is generally sent in writing by email. If GeleeVital states from when delivery can be guaranteed, the 7 days of free storage apply from that date.
From day 8, a storage charge of 5 % is applied, calculated on the gross value of the ordered product quantity.
§ 4 Prices, payment terms, dunning procedure
§ 4.1 Prices
GeleeVital reserves the right to calculate and state the prices of its products according to certain internal criteria. Full disclosure of the pricing is internal and therefore not possible. All prices are communicated to the customer net, i.e. excluding shipping costs and excluding the VAT applicable in the respective country. The applicable VAT is added to all prices when invoicing.
§ 4.2 Payment terms
§ 4.2.1 Deadlines
New customers: If a customer buys from GeleeVital for the first time, the invoice amount is payable immediately after the order is placed, even before any required materials are ordered. This corresponds to payment in advance.
Existing customers: All invoices are payable within 14 days of invoicing unless stated otherwise on the invoice. The invoice date corresponds to the date of delivery of the invoice.
§ 4.2.2 Cash discounts, rebates and deductions
All invoices are to be paid without deductions. Rebates, cash discounts and other special agreements are exceptional and apply only if expressly stated on the invoice. Repeated rebates, discounts or deductions do not create any legal entitlement to continue this practice.
§ 4.2.3 Refunds, cancellation
Refunds: If rectification is required (see § 5), this does not create an entitlement to a refund. GeleeVital reserves the right to remedy all defects and provide supplementary performance where appropriate and correct.
No withdrawal once the blend has been prepared: Every blend is put together individually according to the customer’s soil analysis, soil type and crop and cannot be used elsewhere. Once GeleeVital has started putting the blend together, withdrawal from the contract or cancellation of the order is therefore excluded. In this case the agreed price is payable in full, even if the customer does not accept the goods. The customer’s statutory rights in the event of defects (see § 5) remain unaffected.
Cancellation before the blend is prepared: If the customer withdraws from the contract after invoicing but before work on the blend has started and rejects the invoice, GeleeVital issues a cancellation invoice for proper bookkeeping. In the event of revocation or withdrawal, a flat service fee of EUR 50.00 net is charged. This is payable by the customer immediately and without deduction. No new invoice is issued for it. A note on compliance with German accounting principles (GoB) appears on the cancellation invoice.
§ 4.3 Dunning procedure
If the customer fails to pay the invoice amount by the due date, GeleeVital initiates the following steps within 7 days:
- Due date + 7 days: payment reminder without fees
- Due date + 14 days: 1st reminder with EUR 5.00 fee
- Due date + 21 days: 2nd reminder with EUR 5.00 fee
- Due date + 28 days: 3rd reminder with EUR 5.00 fee
- Due date + 35 days: transfer of the claim to a debt collection agency. All resulting costs are borne by the debtor.
§ 4.4 Currencies and international transactions
All invoices are issued in euros and must be paid in euros. The customer is responsible for all costs such as customs duties, import costs, export costs or other country-specific fees.
§ 5 Warranty, liability, supplementary performance
§ 5.1 Warranty
GeleeVital guarantees consistently high product quality and takes quality samples for quality assurance with every production run.
GeleeVital gives no warranty for expected, absent or differing results at the customer's site.
The warranty obligation applies only if the product is clearly defective. The decisive time is the transfer of risk from GeleeVital to the customer. The customer checks the quality of the product, paying attention to the following criteria:
- Is the packaging intact?
- Is the product dry and free of defects?
- Has the product been delivered in its intended form?
The customer must document the quality check on delivery in writing. A signature on the delivery documents is sufficient.
§ 5.2 Liability
GeleeVital, its owner and all authorised representatives accept no liability whatsoever for the customer's use of its products. Instructions are provided for proper use. The customer is responsible for proper application.
The liability of GeleeVital and its owner, authorised representatives and vicarious agents is limited to the quality of the product and its properties and proven effects. No liability is accepted for any individual effects occurring at the customer's site after application and exposure time. Likewise, GeleeVital accepts no liability for expected or absent results. An increase in performance cannot be guaranteed.
If products come into contact with humidity, “gelling” may occur, which can clog machinery. GeleeVital accepts no liability for resulting damage. GeleeVital is not liable for damage caused by improper storage, incorrect application or improper operation of machinery.
If the customer asserts a claim for damages against GeleeVital, the customer bears the burden of proof. Liability is only accepted if the product was defective at the time of transfer of risk (see § 5.1).
§ 5.3 Right to supplementary performance for material defects
If a product is defective on delivery and the customer can credibly prove this, GeleeVital reserves the right to remedy the defect by supplementary performance. This applies in particular to defects in the product itself.
The customer has no right to supplementary performance if the transfer of risk has already taken place, i.e. the customer has received and accepted the product. The delivery documents, which the customer must sign on receipt, serve as valid proof.
For all products, GeleeVital reserves the right to retain small samples for quality assurance and for such disputes.
§ 6 Force majeure
§ 6.1 Definition
Force majeure exists if an event occurs that is beyond GeleeVital's control and whose consequences could not have been prevented even with due care. This includes in particular:
- Natural disasters (e.g. earthquakes, floods, storms)
- Epidemics, pandemics or official measures related to such events
- War, terrorist attacks, riots or similar events
- Strikes, lockouts or other industrial action, unless they take place at GeleeVital
- Supply chain disruptions due to events at suppliers for which GeleeVital is not responsible
§ 6.2 Legal consequences
a) Release from performance: In the event of force majeure, GeleeVital is released from its contractual obligations for as long as the event lasts.
b) Delays: Delivery and performance deadlines are automatically extended by the duration of the force majeure event plus a reasonable start-up period.
c) Duty to notify: GeleeVital undertakes to inform the customer without delay of the occurrence and expected duration of a force majeure event.
§ 6.3 Right of withdrawal
If the force majeure event lasts longer than three months, both parties are entitled to withdraw from the contract. Services already rendered are then invoiced pro rata.
§ 6.4 Exclusion of liability
GeleeVital is not liable for damage or loss caused directly or indirectly by force majeure unless caused intentionally or through gross negligence.
§ 7 Data protection
GeleeVital collects and processes personal data exclusively for contract processing and to comply with legal requirements. Data is passed on to third parties only if necessary to perform the contract. The customer has the right at any time to obtain information about their data, to request correction or deletion and to object to processing. Further information can be found in the privacy policy on our website geleevital.com/en/privacy. It is sent with every quotation, order confirmation and invoice.
§ 8 Retention of title
All products remain the property of GeleeVital until paid in full.
§ 9 Severability clause
Should any of the above articles be invalid, the remaining articles remain valid. An invalid article does not affect the validity of the remaining provisions.
§ 10 Period of validity
These terms are valid from 1 October 2026, or at the latest from their provision with a quotation, order, invoice or delivery. Older versions cease to be valid on this date.
§ 11 Jurisdiction, dispute resolution, supervisory authority
Competent court
Amtsgericht Müllheim
Werderstraße 37
79379 Müllheim, Germany
www.amtsgericht-muellheim.justiz-bw.de
Supervisory authority
Landratsamt Breisgau-Hochschwarzwald
Stadtstraße 2
79104 Freiburg im Breisgau, Germany
www.breisgau-hochschwarzwald.de