(1) These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services – including orders placed via the online shop –
between us and the customer unless otherwise expressly agreed in writing.
(2) These GTC shall also apply to all future business transactions, even if not expressly referred to or agreed at the time, and even where we are aware of and perform deliveries despite differing or contrary terms of the customer.
(3) These GTC apply exclusively to business customers (entrepreneurs) within the meaning of Section 14 of the German Civil Code (BGB).
(4) We may correct inadvertent errors in brochures, price lists, offers or any other documentation at any time, without this giving rise to any claims against us.
(5) Individual agreements shall take precedence over these GTC, in accordance with Section 305b BGB.
(6) The current version of our GTC is available on our website.
(7) Contradictory or deviating terms and conditions of the customer shall not apply unless their validity has been expressly agreed in writing by us.
(1) Our offers are always non-binding and subject to change, in particular with regard to quantity, price and delivery time.
(2) Customer orders shall only be deemed accepted upon our written confirmation. If no separate written confirmation is provided for an orally or telephonically concluded contract, our invoice shall be deemed confirmation.
(1) Unless expressly agreed otherwise, our prices are ex works (EXW) and quoted in EURO, exclusive of packaging, shipping, transportation insurance, and any value added tax (“VAT”) applicable at the time of delivery. All such additional costs shall be invoiced separately.
(2) If, between conclusion of contract and delivery, additional or increased charges arise due to changes in law – including but not limited to exchange rate fluctuations, currency regulations, inflationary developments, changes in customs duties, material or production cost increases, change of suppliers, widespread disease, epidemics or pandemics – we shall be entitled to reasonably adjust the purchase price.
Invoices may, at our discretion, be sent by post or email. The customer agrees to receive invoices in electronic form. Electronic invoices shall be transmitted as PDF files to the email address provided. On express request, invoices may also be sent by post at any time.
(1) Payments shall be made in full, without deductions, within thirty (30) days from the invoice date. For first-time orders from export customers, delivery shall only be made against prepayment.
(2) Bills of exchange or cheques shall only be accepted subject to prior agreement and only for the purpose of fulfillment. All related bank charges and discount fees shall be borne by the customer and are due immediately.
(3) In the event of payment default, we are entitled to charge default interest of at least five (5) percentage points above the applicable base interest rate, as well as reminder fees (€5 from the second reminder, €8 from the third, €10 from the fourth, and €15 from the fifth and final reminder). The customer remains entitled to prove lower damages.
(4) Offsetting or retention is permitted only with undisputed or legally established claims, or those arising from the same contractual relationship.
(1) For custom products, we are entitled to deliver up to ten percent (10%) more or less than agreed.
(2) We are entitled to make reasonable partial deliveries.
(1) Unless otherwise agreed in writing, delivery shall be made FCA Unna (Incoterms 2020).
(2) Our obligation to deliver is conditional upon timely and proper fulfillment of the customer’s obligations. We reserve the right to invoke the defense of non-performance.
(3) Goods are always shipped insured and travel at the risk of the customer, even in the case of carriage-paid deliveries and regardless of the means of transport. Transport insurance is arranged and the associated costs are borne solely by the customer.
(4) In the absence of an express agreement, the method and route of shipment and means of transport shall be chosen by us at our best discretion, without any liability for selecting the most economical or fastest method.
(5) Where the customer provides the means of transport, they are responsible for its timely availability and must notify us promptly of any delay. Any resulting costs shall be borne by the customer.
(6) Our delivery obligation is subject at all times to timely and correct self-supply.
(7) Stated delivery and unloading times are always non-binding unless expressly agreed otherwise in writing.
(8) Delivery hindrances due to force majeure or unforeseen events not attributable to us (including but not limited to operational disruptions, official orders, subsequent loss of export or import opportunities and natural disasters such as volcanic eruptions, storms, floods, earthquakes; or events such as war, civil unrest, terrorist attacks, boycotts, strikes, lockouts, material shortages, disease outbreaks, or our self-supply reservation as stated above) release us, for the duration and to the extent of their effect, from the obligation to comply with any agreed delivery or unloading times, and also entitle us to withdraw from the contract without liability for damages or other claims by the customer.
(9) Where a stated delivery or unloading time is exceeded due to such hindrance, the customer must grant us a reasonable extension of at least two (2) weeks in writing. If we also do not deliver within such extension period, the customer may withdraw from the contract but shall not have the right to claim damages for non-performance or delay unless we are guilty of intent or gross negligence.
(1) Print@Dreve: We manufacture exclusively on the basis of digital data and information provided by the customer (e.g. STL files) without review or modification on our part. Deviations resulting from such customer specifications do not constitute defects. The customer bears sole responsibility for all transmitted settings (such as offsets). Our services do not include medical advice. Product use is solely at the customer’s risk. We accept no liability for errors or damage resulting from faulty, incomplete or subsequently altered customer data, except in cases of intent, gross negligence, or injury to life, body, or health.
(2) Custom Hearing Protection: For individually manufactured PPE products (e.g., earmolds, hearing protection), the customer must perform all required preliminary work (such as ear impression taking, functional checks, documentation, end user instruction) professionally in accordance with the state of the art and EU PPE Regulation 2016/425 and retain evidence for at least three years. The customer is responsible for providing the end user with all legally required instructions and information. If the customer breaches these obligations, they are
liable for all damages and costs incurred. When supplying abroad, the customer must comply with the relevant national PPE requirements.
(1) The existence of any warranty claims by the customer presupposes the timely and proper fulfilment of all obligations of inspection and notification of defects in accordance with Section 377 German Commercial Code (HGB).
(2) Warranty claims may be asserted for twelve (12) months from the transfer of risk.
(3) In the event of defects, the customer is entitled to subsequent performance by way of rectification or delivery of defect-free goods. If this subsequent performance is unsuccessful, the customer is entitled to a reduction in price or to withdraw from the contract.
(4) Warranty claims shall not cover natural wear and tear or damage occurring after the transfer of risk as a result of improper, non-designated or excessive use, unsuitable equipment, or chemical, electrochemical, or electrical influences not foreseen in the contract. Improper modifications or repairs by the customer or third parties exclude any claims for defects.
(5) Our refurbished devices are thoroughly checked before resale; nevertheless, liability for material defects is excluded.
Any limitations of liability and reductions in limitation periods shall not apply in cases of intent, gross negligence, culpable injury to life, body or health, fraudulent concealment, claims under the Product Liability Act, or recourse claims according to Section 478 BGB. Any further liability, especially for loss of profits or other financial loss, is excluded except where mandatory statutory law provides otherwise.
Information on the processing of personal data is provided in our Privacy Policy: https://dreve.de/en/privacy-notice/
(1) Delivered goods remain our property until full settlement of all claims arising from the business relationship.
(2) The customer may resell goods in the ordinary course of business. The customer hereby assigns to us all claims, up to the value of our invoice, arising from resale against its customers or third parties; we hereby accept the assignment. The customer shall remain authorized to collect the receivables provided they meet their payment obligations, and no insolvency application has been filed.
(3) The customer is obliged to handle the goods with care, insure them if necessary, and notify us promptly in writing in the event of any third-party action against our reserved goods.
(4) Where the value of the securities held exceeds our claims by more than ten percent (10%), we shall, upon request, release securities at our discretion.
The customer is obliged to treat all information received in connection with the business relationship that is not generally known, as well as all products, samples, software, and documentation, as confidential and not to disclose them to third parties. The customer is also prohibited from examining, analyzing, reverse engineering, decompiling, reconstructing, or otherwise reproducing these items, except where such actions are expressly permitted or required by law. This obligation shall continue after the end of the contractual relationship.
(1) Unless otherwise expressly agreed in writing, supplied goods are intended exclusively for initial placing on the market and use within the Federal Republic of Germany or the expressly agreed initial country of delivery with the appropriate approval or CE marking. We assume no responsibility for conformity, registration, or approval in recipient countries outside Germany unless expressly agreed.
(2) In cases of export or onward supply to other countries, the customer is solely responsible, at their own cost and risk, for compliance with all relevant national and international export control, embargo, import, approval, and registration requirements, as well as all product-specific regulatory requirements, including medical device law (e.g., MDR/IVDR/EU, FDA/USA, or other national laws), performance of required registrations, translations and provision of information in the national language.
(3) In particular, the customer must verify whether additional approval, certification, or registration is needed for the target country, whether delivery or use is restricted (for instance by embargoes, sanctions, or product bans), that no resale to sanctioned persons or entities occurs, and that no delivery or use is subject to defense, nuclear or other regulatory authorization or prohibition requirements.
(4) Customers are responsible for obliging all downstream purchasers and business partners to comply with all regulatory, approval and export control provisions, as set forth in points 1–3 above, and to provide and monitor all required information and documentation duties.
(5) The customer ensures that all reporting, traceability, and vigilance obligations under the relevant medical device regulations are complied with throughout the entire supply chain.
(6) If the customer negligently breaches these obligations and this results in damage, administrative work, fines, customs, or other disadvantages for us, the customer shall indemnify us against all resulting costs, claims, and sanctions.
The customer undertakes to comply with all applicable legal requirements within the scope of the business relationship, in particular human rights, anti-corruption, anti-money laundering, environmental protection, occupational safety, data protection, and all applicable export control and embargo regulations.
Furthermore, the customer undertakes to observe our most recent Code of Conduct.
In the event of a material breach of these obligations, we reserve the right, after a warning has proved unsuccessful, to terminate the contract without notice and claim damages.
(1) This contract is governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Unna, Germany.
(3) If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions that best achieve the intended commercial purpose of the invalid provision.
Act. 06/2025