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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 EC.
(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 quality.
(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 amount.
(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: EUR 15.00

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 time.

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.