General Sales, delivery and payment conditions

1. Delivery:

All deliveries are being made from the responsible warehouse. Cost and risk for transportation are being carried by the purchaser.
Partial deliveries are acceptable.

2. Delivery Times:

The mentioning of a delivery time is not to be interpreted as a guarantee for delivery at such time. After elapse of the agreed upon deliverytime, the purchaser must give notice with an appropriate cure period of at least four weeks after receipt of such notice before the purchaser may terminate the agreement or claim for damages.

3. Interruption of Delivery Time:

In case of force-majeure and in case of interruption of operations without fault of the seller, the delivery time may be extended for the period of such incapacity. Claims for damages are excluded for such delays.

4. Returns:

Returns are not accepted. In case of returns will be accepted for once, the real handling costs will be charged, at least 35,00 EUR .

5. Complaints:

The purchaser has to check the products immediately after receipt and has to raise complaints in written form within seven (7) days after receipt of the products. If the purchaser does not notify, recognizable defects are deemed approved. If a defect is recognizable only thereafter, then the complaint has to be lodged within the same period, otherwise the products are deemed approved for such defect as well. No complaint may be brought six (6) months after receipt of the products. Deviations from quality and/or colour which are inevitable with natural products do not give the purchaser a right to make a complaint.

6. Freight charges for Returns:

Freight charges, either for reclaims or exchanges, have to carried by the purchaser. Not prepaid or not enough prepaid returns won’t be accepted. If returns will be accepted, the return reason and the related freight and handling charges won’t be accepted automatically.

7. Retention of Title:

The seller shall remain the owner of all delivered products until all of his claims out of the business relationship with the purchaser have been duly fulfilled. As long as the purchaser is not in default, he is entitled to dispose of the products in the ordinary course of business. The purchaser herewith assigns any claim which he may acquire against third parties therefrom to the seller. The purchaser undertakes to provide the seller on demand all information and documents which the seller may require to pursue his rights from such assignment.

8. Damages:

The seller is not liable for damages which are caused by undiligent transportation, storage and/or treatment of the products.

9. Payment:

The delivery to the purchaser will be executed against pre-payment or upon cash-on delivery if not something different is agreed to. By payment with a bill of exchange, the purchaser will be charged with the handling costs.

10. Default:

If the purchaser is in delay of payment for more than thirty (30) days after the date of the invoice, he shall be owing default interest of 8% p.a. over the general valid base
interest rate. The reminder charge is 10,00 EUR. In case of collection of arrears, all invoices will become overdue automatically.

11. Exclusion:

The applicability of any conditions of sale, delivery and payment as well as any form of general purchase or business conditions of the purchaser is excluded.

12. Applicable Law:

The entire relationship between the purchaser and the seller shall be governed by the material laws of Germany, under exclusion of conflicts of law rules and under exclusion of treaties on the international sale of goods.

13. Place of Jurisdiction:

The court of first instance (Amtsgericht) Munich or, if pursuant to German civil procedure law the competence lies with the district court due to the value in litigation, the district court (Landgericht) Munich shall be competent.