P. Brändle GmbH Oil Mill –
Cooking Oil Wholesale
As of April 2026
The following General Terms and Conditions apply to all business relationships between us and the customer, unless otherwise agreed upon in individual cases. They therefore apply to businesses, legal entities under public law, and special funds under public law (hereinafter: “businesses”), as well as to consumers. They also apply to all future contracts, provided that they involve transactions of a similar nature.
To the extent that provisions of these Terms and Conditions are to be agreed upon differently with respect to consumers, such provisions are set forth accordingly.
We will recognize conflicting or differing terms and conditions only to the extent that we expressly agree to them in writing or in text form. They shall also apply to all future contracts, provided that they concern transactions of a similar nature.
Our offers are subject to change and non-binding, unless otherwise specified in writing or in text form.
Based on the non-binding quote, the customer places an order for the services we offer that is binding for 14 days. For consumers, the order remains binding for 7 days.
The contract is formed by implication through our performance of the service, by signing a contract, or by a written order confirmation.
Our General Terms and Conditions apply to the use of our online store and any related contracts.
In the event of a conflict, the respective BVB terms shall take precedence over the General Terms and Conditions.
The prices we quote apply. Unless otherwise specified, these prices are “ex works.” They do not include the applicable value-added tax, which will be shown separately on the invoice. The customer is responsible for additional costs for packaging, transportation, freight insurance, and travel expenses.
The prices agreed upon at the time the contract is concluded apply to consumers. Price changes are permitted only if more than 4 months elapse between the conclusion of the contract and delivery, and the change is due to cost increases that occurred after the contract was concluded. In this case, the customer is entitled to withdraw from the contract.
Prices may be increased proportionally in the event of an increase in import and export duties or other levies applicable to the raw materials of the goods or to the goods themselves at the time the contract is concluded. The same applies to increases in public-law fees, taxes, and levies; to increases in the cost of auxiliary materials and supplies, including energy; to increases in packaging costs if the goods were delivered with packaging included; and to special costs resulting from freight difficulties in procuring raw materials.
For “carriage paid” sales, the customer must pay any additional freight charges that arise due to an increase in freight rates after the contract is concluded. Freight surcharges resulting from partial shipments that may be authorized for the customer shall be borne by the customer.
All invoices are payable to us within 14 days of the customer's receipt of the invoice.
The deduction of a discount requires a specific written agreement.
In the event of late or deferred payment, interest shall be due in accordance with statutory provisions. We reserve the right to claim further damages resulting from the delay.
We reserve the right to require payment in advance upon delivery of goods ready for shipment.
Regardless of the agreed-upon method of payment, we may require payment in cash if there are doubts about the customer’s ability to pay or if the customer is in default regarding the acceptance or approval of a delivery or regarding a payment.
Bills of exchange and checks are accepted only on account of performance and only if specifically agreed upon.
Our representatives or employees are not authorized to collect payments without specific authorization.
If the customer is a consumer, he or she is entitled to set off claims only if the counterclaims have been legally established, are ready for a decision, or are undisputed.
A customer who is a business entity is entitled to set off claims or exercise a right of retention only if the counterclaims have been legally established or are undisputed. Rights of retention may, provided the conditions for their exercise are met, be asserted only within the same contractual relationship on which they are based.
If the customer is more than two weeks past due on a payment, we are entitled to suspend all further deliveries and services until payment is made. We will notify the customer in writing before suspending deliveries and services.
In the event of default, all of our claims—even if they are secured by bills of exchange or checks, or if payment has been deferred—shall become due immediately, provided that the customer is responsible for the default.
Unless otherwise agreed, the goods must be of the quality customary in the trade, particularly with regard to purity and freshness.
If an item is offered or purchased based on a sample, that sample is considered only a representative sample. The term “as before” should be understood to mean “approximately as before.”
In the case of a sale “based on a type sample,” the goods must correspond approximately to the purchase sample in appearance and quality. In the case of a sale “based on a production sample,” the delivered batch must correspond exactly to the purchase sample in appearance and analytical data. Batch samples always come from the batch intended for delivery. If samples sent are not clearly marked as batch samples, they are always considered type samples. In all cases, however, the nature of the goods must clearly correspond to the description of the goods.
In the case of a sale “based on sample approval,” the deadline by which the customer must make a decision must be agreed upon. If the customer has not notified us of their decision within the agreed-upon time frame, the sample shall be deemed approved, provided the customer was previously informed of this consequence.
We may, at any time, deliver goods of the same type and equivalent quality as the original product, provided this is reasonable for the customer.
Any deviating specifications provided by the customer must be in writing and must be accepted by us.
The statutory warranty periods apply to consumers. There are no obligations to inspect the goods or report defects.
For business customers, the warranty period for new goods is one year from the transfer of risk. Used goods are delivered without any warranty. The inspection and notice obligations set forth in Section 377 of the German Commercial Code (HGB) apply; the customer must report defects in writing, providing a detailed description, without delay and no later than within five business days.
The notice of defect must include information about the nature of the defect. Defects that are not immediately apparent must be reported as soon as they are discovered.
The goods in question must remain in their shipping containers so that they can be inspected.
If the customer is a consumer, their statutory rights in the event of defects remain unaffected.
In the event of defects, we will, at our discretion, either repair the goods, replace them, or accept the return of the defective goods in exchange for a full or partial refund of the purchase price. Instead of a replacement delivery or repair, the customer is exceptionally entitled to cancel the contract or reduce the purchase price appropriately if we have refused to provide subsequent performance in writing, two attempts at subsequent performance have already failed, or subsequent performance is impossible.
If samples from the shipment have been taken at the shipping location by a certified sampler, these samples shall be the sole basis for assessing the quality of the goods.
Once the delivered goods have been processed or forwarded, claims for defects are excluded in all cases, unless neutral sample seals are available for quality assessment. The parties have the right to participate in the sampling process. This exclusion does not apply to consumers.
The customer has no further claims for damages arising from defective or non-performance of services.
Claims for damages against consumers are governed by statutory provisions.
The statute of limitations for claims for recourse against the supplier under Sections 478 and 479 of the German Civil Code (BGB) remains unaffected; it is five years, calculated from the date of delivery of the defective goods.
We are fully liable for damages and reimbursement of futile expenses within the meaning of § 284 to the extent that the cause of the damage is based on willful misconduct or gross negligence. In the case of breaches of material obligations due to slight negligence, our liability is limited to the foreseeable damage typical for this type of contract. We are not liable for breaches of non-essential contractual obligations committed through slight negligence.
Information and descriptions regarding the product do not constitute a warranty on our part regarding the quality or durability of the delivery or service, unless we expressly state so in writing.
Our liability for financial losses is limited to the lost profits that would have been derived from the use of the specific delivery and to €10,000,000.00 for property damage; in the case of continuing obligations, it is limited to the compensation payable in a calendar year. This does not apply to claims against consumers.
The limitations of liability do not apply in cases of injury to life, body, or health; for defects arising from the assumption of a warranty regarding the quality of the product; or in cases of defects that were fraudulently concealed. Liability under the Product Liability Act and based on other mandatory liability provisions remains unaffected.
Under no circumstances shall we be liable beyond the scope of statutory claims. To the extent that our liability is limited or excluded, this also applies to the personal liability of our employees, workers, staff members, representatives, and agents.
Delivery is made by shipping the purchased item to the address or shipping address provided by the customer.
Dates and deadlines for deliveries and services are non-binding unless they have been expressly agreed upon as binding. Unless otherwise agreed, delivery will take place within the agreed delivery period at the seller’s discretion.
With respect to consumers, we are entitled to rescind the contract in the event of a failure to receive delivery from our supplier if we have entered into a specific hedging transaction and are not supplied by the counterparty to that contract through no fault of our own.
Deliveries are subject to correct and timely supply to us by our suppliers and manufacturers, unless we are responsible for the failure of the supplier to deliver. In such a case, we will immediately inform the customer of the circumstances causing the delay. We are authorized to make partial deliveries and provide partial services, provided this is reasonable for the customer. Each partial service is considered an independent service and may be invoiced separately.
If the delivery period spans several months, delivery will be made in approximately equal monthly installments. Unless otherwise agreed, the minimum order quantity per shipment must not be less than 600 kg. The minimum order quantity does not apply to consumers.
For “delivery” contracts, we determine the time of delivery or acceptance within the agreed-upon period. For “call-off” contracts, the customer determines the time of delivery within the agreed-upon period. The time of delivery must be notified at least five business days in advance.
For the purposes of determining the delivery time, “immediately” means within five business days, and “promptly” means within fourteen business days. The day the contract is concluded is not included in this calculation. Business days are Monday through Friday, provided they are not statutory or local holidays.
We may also offer the goods for delivery before the start of the delivery period, on the first day of the delivery period, or at any time during the delivery period, at our discretion. If, after the goods have been offered for delivery, the customer does not place a shipping order within five business days, we may, after the fruitless expiration of a reasonable grace period, withdraw from the contract or its unfulfilled portion at any time and/or demand compensation in lieu of performance or immediate payment upon presentation of our own release form or a warehouse receipt issued by a warehouse operator. Furthermore, if the acceptance deadline is exceeded, we are entitled, after the expiration of a reasonable grace period, to withdraw from the contract and/or to demand compensation for damages in lieu of performance.
If the customer defaults on a payment obligation, these delivery dates and deadlines will be extended accordingly.
If we are delayed in delivery due to the impediments described above, we are entitled to extend the agreed delivery time by the duration of the impediment. If the impediment lasts longer than one month, both contracting parties have the right to withdraw from the contract in whole or in part; any consideration already provided by the customer that is not covered by our services must be refunded.
Delivery to third parties (including inspectors and freight forwarders) will only take place if the request is accompanied by exemption certificates properly issued to us.
We shall determine the mode of transportation. Loading of the goods shall take place on business days during the working hours specified by us. If the goods are picked up by vehicles provided by the customer, the customer must receive them at its own expense during the working hours specified by us as quickly as our operational conditions and loading requirements necessitate. We reserve the right to refuse any means of transportation that we deem unsuitable.
If the goods are accepted on behalf of the customer by a third party (shipping agent, carrier, or freight forwarder), the bills of lading or waybills issued “to order” and/or made out in blank must be handed over to us upon request.
We may exceed or fall short of the agreed-upon weight and quantity by 2 percent, or—if “approx.” has been agreed upon—by 5 percent. The contractually agreed-upon price also applies to any quantity or weight in excess of the agreed-upon amount.
We must report any over- or under-delivery upon delivery. The quantity or weight determined at the shipping plant shall be the sole basis for fulfillment and billing; each party has the right to participate in the weighing and measuring process, either directly or through an agent.
Upon unobjected acceptance of the goods by the freight forwarder or other carrier, we shall not be liable for any negligence resulting from improper packaging or loading. This does not apply to consumers.
If delivery to the customer in tanker trucks or the customer’s own containers has been agreed upon, these must be presented immediately upon our request, carriage paid to the delivery plant, and—unless otherwise agreed—in a clean condition ready for filling. We are not liable for contamination or other damage to the goods resulting from uncleanliness or other defects or unsuitability of the containers provided by the customer. We are entitled, but not obligated, to clean the containers provided by the customer at the customer’s expense; however, we shall not be liable for any damage to the containers resulting from our negligence.
Our rental containers may be made available to the customer free of charge; they remain our property, must be emptied immediately upon arrival, and must be returned, freight prepaid, to the location designated by us no later than one month after the goods arrive at the customer’s premises; any demurrage charges incurred shall be borne by the customer. We may charge a reasonable deposit, which will be refunded upon return of the rental container in undamaged condition. In the event of late return, the customer must pay a rental fee of 10% of the respective container price for each month or portion thereof. Three months after the goods arrive at the customer’s premises, we are entitled to refuse to accept the return of the rental container and to demand the replacement value of new containers as compensation for damages.
The use of our rental containers at the customer’s facility or for third parties is not permitted. We may refuse to accept the return of rental containers that contain residues of products other than those sold, or that are so damaged that they can no longer be reused, and may charge the replacement cost of the rental container.
If, pursuant to these General Terms and Conditions of Sale and Delivery, we claim damages in lieu of performance, we may determine the amount of damages by selling the goods on our own account or by setting a price, provided we have given prior notice of our intention to do so. Such notice may be given in conjunction with the setting of a grace period.
The sale by the owner shall be conducted immediately after the expiration of the grace period by a licensed real estate agent. The owner may sell the property personally. If the sale by the owner is not carried out, or is not carried out in the proper manner or within the proper time, the right to damages shall remain in effect. The amount of damages shall then be determined by establishing the price in effect on the first business day following the expiration of the grace period.
Once the customer is in default of acceptance, storage at our facility or at a third-party facility shall be at the customer’s expense, and we shall bear no liability whatsoever, including with respect to insurance.
Goods ordered are shipped from our headquarters at the customer's expense and risk.
For consumers, the risk passes to the customer upon delivery of the goods.
The risk of loss or damage to delivered goods passes to the customer when and to the extent that the shipment has been handed over to the carrier or has left our warehouse for shipment. If shipment is delayed or becomes impossible through no fault of ours, the risk passes to the customer upon notification that the goods are ready for shipment.
Disruptions to delivery and performance due to force majeure (labor disputes, civil unrest, transportation disruptions, government measures to combat infectious diseases—particularly in the context of pandemics—and other unavoidable events) shall release us from our obligation to deliver or perform for the duration of the disruption, provided that we have taken all reasonable measures to overcome the disruption. If the disruption lasts longer than one month, either party is entitled to withdraw in writing from the unfulfilled portion of the contract.
In the event of withdrawal, the customer—who is a business entity—must reimburse us for the costs of work already performed, including materials, to the extent that the partial performance retains value for the customer. Upon request, each party to the contract must declare, after the grace period has expired, whether or not it intends to continue with the contract.
In the event of cancellation due to force majeure, the customer may not assert any claims for damages against the business. We may invoke the aforementioned circumstances only if we notify the customer immediately upon becoming aware of them.
If, after the conclusion of the contract, new obligations are imposed on us by orders issued by a government authority or a government-established agency that affect the sale or delivery of the goods sold, any amendments and additions to these terms and conditions resulting from such orders shall be deemed to have been agreed upon by the parties, to the extent that this is reasonable for the customer.
With respect to consumers, we reserve title to the purchased item until the purchase price under the same contractual relationship has been paid in full.
We reserve full title to all items included in the delivery until all claims to which we are entitled against the customer arising from the business relationship have been satisfied.
The customer may dispose of the goods subject to retention of title only in the ordinary course of business and only subject to retention of title. A transfer of ownership by way of security is not permitted. In the event of the sale of the goods in the ordinary course of business, the purchase price paid shall take the place of the goods. The customer hereby assigns to us all claims arising from such a sale. The customer is authorized to collect these claims as long as the customer fulfills its payment obligations to us. We are entitled to revoke the authorization to collect claims in the event of the customer’s default in payment. The customer is further obligated to notify us immediately of any change in the company’s registered office.
In the event that the Customer receives bills of exchange or checks from its customer as a result of the resale, the Customer hereby assigns to us the corresponding claims arising from such bills of exchange or checks against its customers, in an amount equal to the claim assigned to us from the resale. Ownership of the bills of exchange or checks is hereby transferred from the customer to us; the customer shall hold the documents in safekeeping on our behalf. In the event of partial payment, the assignment shall remain in effect until full payment has been made by the customer.
The processing or treatment of the goods subject to retention of title is always carried out on our behalf, without any liabilities arising for us as a result. We shall be entitled to ownership of the new item created by such processing or treatment. If the goods subject to retention of title are processed together with other goods not belonging to us, we shall be entitled to co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the value of the new item at the time of processing. The value of the goods subject to retention of title shall be understood, including hereinafter, to mean the purchase price charged to the customer by us for such goods. If the goods subject to retention of title are mixed or combined with other goods not belonging to us, we shall be entitled to co-ownership of the mixed stock or the combined goods—even if one of the other goods is to be regarded as the principal item—in the ratio of the value of the goods subject to retention of title to the value of the mixed stock or the combined goods at the time of mixing or combination. The processed, mixed, or combined goods shall also be deemed goods subject to retention of title within the meaning of these provisions. The customer shall hold them in safekeeping for us free of charge and shall maintain adequate insurance coverage.
In the event of attachments or seizures, the customer must notify us immediately and inform the third party of our retention of title in an appropriate manner. The assertion of our rights under the retention of title does not release the customer from his contractual obligations. The value of the goods at the time of repossession will be applied solely toward our claim against the customer.
If the value of the collateral provided to us exceeds our total claims by more than 20%, we are obligated, at the customer’s request, to release the excess collateral to that extent; however, with the proviso that, with the exception of deliveries made under a genuine open-account relationship, such release shall apply only to those deliveries and their replacement values that have themselves been paid for in full.
If the system subject to retention of title is combined with other items that are not owned by us, we shall acquire co-ownership of the new item in proportion to the value of the system relative to the other items at the time of combination, provided that the other item is not to be regarded as the principal item.
We are entitled to terminate the contract beyond the scope of the statutory rights of termination if
if the customer defaults on payment of the fee and, despite a demand for payment, fails to make full payment within 7 business days of receiving the demand,
if the customer becomes insolvent,
if he stops making payments,
if he revokes a direct debit,
if he allows a bill of exchange or check to be protested,
an application is filed to open insolvency proceedings with respect to his assets,
the petition to open insolvency proceedings regarding the debtor's assets is dismissed due to lack of assets,
there is a significant deterioration in the customer’s financial circumstances, or such a deterioration is imminent, and this jeopardizes the fulfillment of a material obligation to us, or
the customer fails to fulfill its obligation to cooperate after the expiration of a grace period set in writing for the performance of the required action.
If we withdraw from or terminate the contract, the customer must compensate us for any damages we incur as a result, unless the customer is not at fault for the circumstances that gave rise to our right to withdraw or terminate the contract.
In the case of a continuing contractual relationship, the circumstances described above entitle the party to terminate the contract immediately and without notice.
If any provision of these Terms and Conditions or of any other agreements entered into is or becomes invalid, this shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be replaced by a provision that comes as close as possible to its economic purpose.
The same applies if a clause were invalid only with respect to consumers.
We reserve the right to amend these Terms and Conditions at any time, effective for the future, without providing a reason. The version of the Terms and Conditions in effect at the time the respective contract is concluded shall apply.
The legal relationship between the customer and us is governed by the laws of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
For consumers, the statutory places of jurisdiction apply.
Furthermore, the exclusive—including international—place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business. However, we are also entitled in all cases to bring an action at the buyer’s general place of jurisdiction. Overriding statutory provisions, in particular those regarding exclusive jurisdiction, remain unaffected.
The statutory limitation periods apply to consumers. Unless otherwise provided in these General Terms and Conditions or our General Terms and Conditions for Sales, all claims by a customer against the Company shall be barred 12 months after they arise. The limitation period begins in accordance with statutory provisions and expires no later than five years after the claim arises. This does not affect the statutory limitation period for claims against us arising from intentional or grossly negligent breaches of duty, the assumption of a warranty, personal injury, or claims under the Product Liability Act.
BVB Terms of Use for the Online Store
The following Terms and Conditions apply to the use of our online store as well as to all contracts concluded through the online store. Any terms and conditions of the customer that deviate from these shall not become part of the contract unless we have expressly agreed to them in writing. Our General Terms and Conditions apply in addition.
The online presentation of the product range represents a non-binding invitation to the customer and not an offer within the meaning of § 145 ff. BGB (German Civil Code).
When a customer places an order, the contract—which includes these Terms and Conditions—is formed between the customer and us only when the customer submits the order entered into the online form on the website by clicking the mouse or pressing the “ENTER” key on “Submit Order” as a binding offer to enter into a contract with us, and we expressly accept this offer.
After submitting the offer, the customer will first receive an email confirming receipt of the order (confirmation of receipt). This confirmation does not constitute acceptance of the offer; rather, it is intended solely to inform the customer that we have received the order. We will notify the customer of any errors in the product information on the website and, if necessary, submit a corresponding counteroffer. We are entitled to accept the customer’s offer within two weeks. Our declaration of acceptance may be made in writing, by email, in any other written form, or by shipping the ordered goods.
We do not offer products for sale to minors.
The prices listed for our products are final prices and include the applicable value-added tax. These prices do not include delivery and shipping costs, which the customer must pay separately. The customer is responsible for the shipping costs incurred for domestic deliveries; these apply to shipments weighing up to 31 kg and include the applicable value-added tax. We do not ship internationally. For cash-on-delivery shipments, additional cash-on-delivery fees apply, which are charged by the postal carrier and must be paid by the customer.
With respect to business customers, we reserve the right to adjust our prices accordingly if, after the contract is concluded, there are cost reductions or increases—in particular due to collective bargaining agreements, changes in material prices, changes in customs duties, or changes in value-added tax. We will provide the customer with evidence of these changes upon request. Dealer discounts are not offered in the online store.
We offer the following payment methods: purchase on account, credit card, and PayPal. We reserve the right to change the available payment methods in the future. Invoices and credit memos are sent exclusively in electronic form.
Consumers generally have a statutory right of withdrawal. The legal provisions governing any applicable right of withdrawal are set forth exclusively in the withdrawal policy, which is available to the customer during the ordering process.
Given the current state of technology, we cannot guarantee that data communication over the Internet will be error-free and/or available at all times. We therefore assume no liability for the availability of the online store and the website at all times.
The use, reproduction, or distribution of individual pieces of content or entire pages from the online store or website in other electronic or printed publications is not permitted. This applies to all of our products and our entire website.
Where we have included links to other websites on our own website, please note that we have no influence whatsoever over their content or design. We assume no liability for the content of the links displayed or the content of the pages to which the banners and links registered with us lead, and we do not endorse any of this content. This disclaimer also applies to the content of websites that link to us. We are not in a position to identify or verify such references.
We collect, process, and use customers’ personal data—in particular, contact information necessary to process orders—including email addresses, if provided. The processing and use of customers’ personal data is carried out for the purpose of initiating, fulfilling, and processing the contractually agreed-upon services. For credit checks, we may use additional information (e.g., a so-called credit score) from external service providers to assist in our decision-making and may base the payment method on this information. This information also includes your address. This is done for the purpose of contract fulfillment in accordance with Article 6(1)(b) of the GDPR.
The collection and use of customers’ personal data are carried out exclusively in accordance with legal provisions, in particular in compliance with applicable data protection laws, the European General Data Protection Regulation (EU GDPR), and the Federal Data Protection Act (BDSG).
The customer acknowledges that data processing may also be carried out on our behalf by an affiliated company or a business partner. After the contract has been fully executed, the data will be stored in accordance with the retention periods required by tax and commercial law. Once the retention periods have expired, the data will be deleted unless the customer has consented to further processing and use.
