the company OBENAS Institut für Orthomolekulare &
Bio-Elektronische Nährstoff Analyse GmbH - in the
following called "seller"
I. Acceptance of order / delivery time
(1) As the goods being offered are natural products,
stocks of which are limited, orders will only be
accepted with the reservation of delivery possibilities.
(2) We deliver by postal parcel
II. Delivery / dispatch
(1) The dispatch of the goods takes place at the expense
and risk of the buyer. Even with carriage paid delivery
the risk is the buyer’s.
(2) For goods to the value of EUR 400.00 upwards, we
deliver post-free inside Germany. For goods to the value
of EUR 600.00 upwards we deliver post-free inside the
(3) If the buyer refuses to accept the delivery then the
seller is entitled to demand damages on grounds of
non-fulfillment and demand either 25% of the purchase
price plus the cost of return, without evidence of the
actual damage, or compensation for the actual damage.
(4) Insurance against damage to or loss of goods in
transit and breakage will only be taken out at the
express demand of the customer and at his expense.
(5) Damages or loss in transit are to be reported by the
buyer directly and immediately to the common carrier who
is carrying out the transport with a simultaneous
communication (duplicate/copy) to the seller.
III. Buyer’s complaints
(1) The buyer must check the goods delivered for obvious
defects immediately on receipt.
(2) In the event of obvious defects, complaints may only
be put forward to the seller in writing within eight
days after receipt of the goods. The written complaint
must have arrived at the seller on the eighth day after
receipt of the goods.
(3) Following the complaint the buyer is to wait for
instructions relating to it from the seller; a
replacement delivery or credit note can only be offered
if the seller is convinced that the defect complained of
is attributable to his negligence.
(4) If the notice of defect is justified the buyer is
entitled to a replacement delivery of the same type and
(5) Complaints do not release the buyer from observance
of the terms of payment.
(6) Apart from the replacement delivery, or, in so far
as this is not possible, a credit note to the value of
the goods there can be no further claims against the
seller, in particular no claims for damages because of
direct or indirect damage.
IV. Terms of payment
(1) by bank collection – the invoices due must be paid
on new delivery. In the event of non-payment of the bank
collection the bank fees (plus additional processing
fees to the amount of EUR 6.00) will be charged.
(2) by cash on delivery
(3) by cash in advance
(4) From the due date for payment default interest to
the amount of four per cent (4 %) above the prevailing
Federal Bank discount rate is to be paid, regardless of
other claims arising from exceeding the credit period.
Cheques will only be credited on valid receipt of the
(5) In the event of delay or suspension of payment or
anything similar all the seller’s claims become due
immediately and any promised perquisites such as bulk
discounts etc. shall no longer apply.
(6) additional fees in the event of requests for payment:
V. Reservation of title
(1) Until the delivery has been paid for and all
liabilities arising from the business transaction have
been settled the seller retains the title to the
delivered goods. The buyer is entitled to sell the goods
in the context of the ordinary course of business.
If the buyer processes the goods delivered with other
goods and objects not belonging to the seller then the
processing and reconstruction of the goods will always
have been carried out for the seller and the seller
becomes joint proprietor of the processed article in
proportion to the invoice value of the reserved property
to the value of the processed goods.
After the mixing of the goods delivered with something
of the buyer’s, which is seen as the main item, then as
agreed, it shall be deemed that the buyer is managing
the seller’s acquired joint property for him.
(2) The taking back of the object of delivery for
reasons of reservation of title shall not represent a
withdrawal of the seller from the contract.
(3) If the buyer sells the goods, or items manufactured
from the goods, then amounts receivable arising from the
sale, if applicable on a pro rata basis, will, in order
to be sure, pass to the seller. The buyer will assign
this claim to the seller and will provide the seller
with information on the assigned claim on request at any
VI. Place of jurisdiction
so far as legal provisions do not conflict, the place of
performance and jurisdiction for all disputes arising
directly or indirectly from the contractual relationship
for both parties shall be 82110 Germering in Germany.