Terms & Conditions

1. Parties & Definitions

These Terms & Conditions ("Terms") are issued by Bruckmann GmbH trading as Bruckmann Foods ("Supplier", "we", "us"). "Buyer" means the legal entity placing an order, requesting a quote or otherwise transacting with us. "Goods" means the ingredients and raw materials supplied. "Website" means this website and all its subdomains.

2. Acceptance & B2B Scope

By accessing the Website, requesting a quote, sending a purchase order or accepting delivery of Goods, the Buyer accepts these Terms in full. The Website and our products are intended exclusively for business customers (B2B). No retail or consumer sales are made through this Website. The Buyer warrants that it acts in the course of a business and is authorised to bind the legal entity it represents.

3. Quotations & Orders

• Quotations are valid for 14 days unless otherwise stated and may be withdrawn at any time prior to acceptance.
• A binding contract arises only when we issue a written Order Confirmation referencing the Buyer's purchase order.
• Minimum order quantities (MOQs) apply per product and are stated in the quotation.
• Any general terms of the Buyer are expressly excluded unless accepted by us in writing.

4. Specifications, Samples & Information Accuracy

Product information, technical specifications, certifications and origin claims published on this Website are provided in good faith for general information. The binding reference for any supply is the product specification sheet (TDS) and Certificate of Analysis (CoA) issued for the specific batch delivered. Pre-shipment samples may be requested at cost and are deemed approved if no written rejection is received within 10 business days of receipt.

5. Pricing, Taxes & Payment

• Prices are quoted in EUR or USD as stated, exclusive of VAT, customs duties and any other taxes which are payable by the Buyer.
• Standard payment terms are 30% advance on Order Confirmation and 70% against scan of shipping documents, unless otherwise agreed.
• Payments are made by bank wire to the account on the invoice. We do not process card payments through this Website.
• Late payment incurs statutory commercial interest under Directive 2011/7/EU plus EUR 40 collection costs per invoice.
• Title in the Goods does not pass to the Buyer until full payment is received (retention of title).

6. Delivery, Incoterms & Risk

Unless otherwise agreed, deliveries are made FCA (Incoterms® 2020) ex our nominated warehouse. Risk passes on hand-over to the first carrier. Stated lead times are estimates in working days from cleared funds and may be affected by raw material availability, vessel schedules and customs clearance. Partial shipments are permitted.

7. Inspection, Claims & Returns

The Buyer must inspect Goods on receipt and notify any visible defects, shortages or transport damage within 7 calendar days, and any latent defects within 30 calendar days of delivery, in writing with supporting evidence. Failure to notify within these periods constitutes irrevocable acceptance. Returns are governed by our Returns & Refund Policy.

8. Warranty

We warrant that Goods conform to the agreed specification at the time of dispatch, are properly packed for international transport, and were produced under recognised food-safety / GMP standards (FSSC 22000, ISO 9001, HACCP, GMP+ as applicable to the product family). All other warranties, express or implied, including merchantability and fitness for a particular purpose beyond the agreed specification, are excluded to the fullest extent permitted by law.

9. Regulatory Responsibility of the Buyer

The Buyer is solely responsible for verifying that the Goods are authorised for use, import and sale in the Buyer's destination market, including labelling, dosage limits, novel-food authorisation, cosmetic notification (e.g. CPNP), kosher/halal end-use claims and any sector-specific certification. We provide documentation reasonably required to support such verification.

10. Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including epidemics, war, sanctions, port strikes, crop failure, governmental measures, energy crises and extreme weather. The affected party will notify the other promptly and use reasonable efforts to mitigate.

11. Limitation of Liability

To the maximum extent permitted by law, our aggregate liability arising out of or in connection with any order is limited to the invoice value of the affected Goods. We are not liable for indirect, incidental or consequential losses, loss of profit, loss of production, loss of reputation, recall costs or pure economic loss. Nothing in these Terms limits liability for death, personal injury caused by negligence, fraud or any other liability that cannot lawfully be limited.

12. Intellectual Property

All content of this Website — including text, photography, logos, product names, layout and source code — is owned by Bruckmann Foods, Bruckmann GmbH or its licensors and is protected by copyright, trademark and database rights. No part may be reproduced, distributed or used for commercial purposes without our prior written permission. Submitting a quote request grants us a limited licence to process the information for the purpose of replying.

13. Acceptable Use of the Website

You may not use the Website to (i) attempt to gain unauthorised access, (ii) reverse engineer or scrape at a scale that disrupts service, (iii) upload malicious code, (iv) misrepresent your identity, or (v) submit fraudulent quote requests. We may suspend or terminate access for any breach.

14. Compliance, Sanctions & Anti-Bribery

Both parties shall comply with all applicable laws on export controls, economic sanctions (EU, UN, OFAC, UK), anti-bribery (UK Bribery Act, German StGB §§299, 335a) and anti-money laundering. We reserve the right to refuse or cancel any order that would put us in breach of these laws.

15. Confidentiality & Data Protection

Each party shall keep confidential all non-public information of the other received in connection with a transaction. Personal data is processed in accordance with our Privacy Policy.

16. Severability & Assignment

If any provision is held invalid the remainder remains in force. The Buyer may not assign rights or obligations under a contract without our prior written consent.

17. Governing Law & Jurisdiction

These Terms and any non-contractual obligations arising from them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive forum for disputes is the competent court of Essen, Nordrhein-Westfalen, without prejudice to our right to bring proceedings at the Buyer's place of business.

17a. Dispute Resolution

Before commencing litigation, the parties shall attempt to resolve any dispute in good faith by escalation to senior commercial representatives within 30 calendar days of written notice. If unresolved, either party may, at its option, refer the dispute to arbitration under the DIS Arbitration Rules (Deutsche Institution für Schiedsgerichtsbarkeit) seated in Essen, language English, by a sole arbitrator for claims up to EUR 250,000 and a three-member tribunal above that threshold. Either party retains the right to seek interim or injunctive relief from any court of competent jurisdiction, and to pursue collection of undisputed invoices through ordinary courts. Bruckmann is a B2B supplier and does not participate in consumer arbitration boards (Verbraucherschlichtungsstellen) within the meaning of §36 VSBG.

18. Contact

Questions about these Terms: legal@bruckmannfoods.com.