Payments: by credit card and bank transfer.
1. Validity of the conditions
1.1 All offers, deals and deliveries of Heiltropfen Lab. LLP are based exclusively on these General Terms and Conditions of Sale and Delivery. These therefore also apply to all future contacts, even if they are not expressly agreed again.
1.2 These General Terms and Conditions of Sale and Delivery apply exclusively.
1.3 Should one or more provisions of these General Conditions of Sale and Delivery be or become ineffective, this shall not affect the validity of the remaining conditions.
2. Conclusion of contract
2.1 The offers contain a binding effect of a maximum of one week.
2.2 Employees are not authorized to make verbal collateral agreements or verbal assurances that go beyond the content of a written offer or a written contract.
3.1 The prices stated in the offers are net prices. There are also other compulsory levies, which are levied at the statutory rate on the day of invoicing and are shown separately in the invoice.
3.2 Unless otherwise agreed, prices are ex warehouse. They do not include other shipping costs.
4.1 Delivery dates are only an approximate indication of the estimated delivery time. If a delivery time is determined by days, weeks or months, it begins with the receipt of the order confirmation from the buyer. If the delivery time is determined by days, these are working days.
4.2 Delays in delivery due to force majeure, strikes, unforeseeable breakdowns, delays in delivery by suppliers, transport shortages, shortage of raw materials, official measures and other unenforceable circumstances release us from the obligation to deliver for the duration of their existence and justify the appropriate change in delivery dates. In these cases, the buyer is entitled to refuse acceptance of the delayed delivery after expiry of a reasonable period of grace to be set by him in writing. In addition, the purchaser is not entitled to any claims against us in these cases.
4.3 A possible claim for compensation for non-performance according to §§ 280, 281 and § 311a BGB, which may be due to the purchaser in the event of a delay in performance or for which we are responsible, is limited to the fact that compensation can only be demanded for foreseeable damages. The above limitation of liability does not apply if the reason for the delay in performance or the impossibility of performance is based on intent or gross negligence on the part of one of our legal representatives or a vicarious agent.
4.4 We are entitled to provide the contractual service in partial deliveries, as far as this is reasonable for the buyer. The buyer is obliged to accept and pay for such partial deliveries.5. Defects and warranty
5.1 Incoming deliveries must be examined by the buyer immediately upon arrival at the place of destination, carefully and comprehensively in accordance with the information on the delivery note for completeness and perfect condition. All identifiable defects or shortfalls in this investigation are to be complained of in writing on the receipt or immediately after receipt of the goods, if possible by fax, accompanied by supporting documents. Defects that were not identifiable during the initial inspection must be reported in writing immediately after their discovery.
5.2 For reductions or defective goods, we shall, as soon as possible taking account of the delivery options, make any subsequent deliveries or replacements to the extent necessary to compensate for shortages and to replace defective parts of the delivery. The purchaser is obliged to accept a partial quantity or the faultless parts of the delivery as well as to accept the replacement or replacement delivery. If a complete or faultless total service is not provided by the replacement or replacement delivery, the buyer is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price.
5.3 Unless otherwise stated below, further claims of the buyer - regardless of the legal grounds - excluded. We are therefore not liable for damage that does not attach to the delivered goods themselves, in particular not for loss of profit or other financial loss of the buyer. The above disclaimer of liability does not apply if the cause of the damage is due to intent, gross negligence or due to the fact that we culpably violated a material contractual obligation or caused injury to life, limb or health.
6. Transfer of risk
6.1 The risk of accidental loss or accidental deterioration of the goods passes to the buyer upon transfer to the buyer or the carrier. This also applies if we place the transport order for the buyer or carry out the transport ourselves. It is the buyer's responsibility to take out insurance covering the said risk.
6.2 If the buyer is in default of acceptance, the risk of accidental loss or accidental deterioration of the purchased goods shall pass to him after the expiration of three working days after sending the readiness for dispatch.
7.1 In the absence of any agreement to the contrary, all invoices are to be cleared by the buyer without deduction within 30 days of the invoice date. Discount deductions are not allowed.
7.2 The taking of changes remains hematemical Lab. LLP reserved on a case by case basis. If necessary, bills of exchange as well as checks are accepted only under the reservation of the redemption, bank charges and fees, return debit and processing costs are for the account of the buyer.
7.3 If the buyer defaults on the settlement of an invoice, all outstanding claims from us, including any bills of exchange, shall become due immediately, irrespective of the agreed payment dates. Besides, hematite is Lab. LLP shall be entitled to postpone the deliveries still to be made and to demand payment in advance for all outstanding invoices. The same applies if we become aware of circumstances that could jeopardize the creditworthiness of the buyer.
7.4 Offsetting against counterclaims of the Buyer is generally inadmissible, unless these counterclaims are due and undisputed or legally established.
7.5 Any right of retention shall be available to the buyer with regard to such payments, which relate to the individual order, from which he raises warranty claims or the like.
7.6 Healing drops Lab. LLP is entitled at any time to assign claims arising from the business relationship with the buyer.8. Retention of title
8.1 All deliveries and services are subject to retention of title. The property is only then transferred to the buyer, if he lapses his obligations under the respective purchase contract Lab. LLP has completely met. The retention of title also remains valid as long as the given bills of exchange or checks are not fully honored in the case of so-called check / bill of exchange cover.
8.2. In the case of combination or mixing of goods delivered under retention of title with a thing belonging to the buyer or a third party, Heiltropfen Lab acquires. LLP, in place of the buyer or the third party, the proportionate co-ownership of the new item, in proportion to the purchase price of the related item to the value of the new item.
8.3 In the case of processing or processing of the goods delivered under retention of title is Heiltropfen Lab. LLP manufacturer within the meaning of the law, but excluding the assumption of any manufacturer obligations. Heath drops Lab. LLP is entitled to the proportionate co-ownership of the new item in the ratio of the purchase price of the processed or processed thing to the value of the new item.
8.4 The buyer is entitled to resell the goods delivered under retention of title in the ordinary course of business. He hereby assigns in advance to Heiltropfen Lab the first-ranking portion of his claims arising from justified and unjustified resale, which corresponds to the invoice price (including VAT) of the goods delivered by us. LLP off. Names and addresses of the customers as well as the height of the respective demand are hemp drops Lab. LLP on first request to inform. The buyer is authorized to rinse the lab. LLP to collect assigned claims as long as he labors his payment obligations. LLP complies properly and does not revoke this authority for any other reason. Heath drops Lab. LLP accepts the advance assignments provided for in this provision.
8.5 Up to a proper utilization of the goods delivered under reservation of proprietary rights or the new thing, which developed by connection, treatment or processing, the buyer has these spatially separate from other things to keep. He bears all the costs and expenses necessary for the preservation of this time and is liable for hemp drops Lab. LLP for any deterioration. The goods are sufficiently insured against damage, loss and destruction.
8.6 Any pledging or assignment by way of security of the purchased goods or of the resulting new object is inadmissible.
Garnishments or other impairments of the property of medicinal drops Lab. LLP by third parties must be announced by the buyer without delay and warded off with the help of suitable means. Unless hematite lab. LLP has reason to protect the rights to the delivered goods by raising a third-party objection claim in accordance with § 771 ZPO, the buyer is liable for the resulting judicial and extrajudicial costs, as far as the defendant is unable to reimbursement.
8.7 In the event of breach of contract by the Buyer, in particular in the event of late payment, Heiltropfen Lab. LLP is entitled to take back the delivered goods. In the withdrawal of the goods is no resignation from the contract, unless hemp drop Lab. LLP would explain this explicitly.
8.8 heal drops Lab. LLP undertakes to release any existing securities at the request of the buyer to the extent that the realizable value of these securities exceeds the claim to be secured by more than 20%; the choice of which securities are released in individual cases meets SEPAR CHEMIE.
The data of the customers of Heiltropfen Lab. LLP are - as far as necessary for business and within the framework of the Federal Data Protection Act permissible (§ 28 BDSG) - EDP-moderately stored and processed.
10. Liability for negligence
10.1 Heiltropfen Lab is liable for damages due to culpable breaches of contract or negligence in contract negotiations. LLP only in case of intent or gross negligence of the legal representatives or vicarious agents. In cases of injury to life, body, health or a material contractual obligation, Heiltropfen Lab is liable. LLP also for slight negligence, but only on the replacement of the typical predictable damage.
10.2 The above limitation of liability also applies to tort claims for damages. It does not apply to claims in accordance with §§ 1, 4 Product Liability Act as well as initial inability.
10.3 Insofar as the liability of Heiltropfen Lab. LLP is excluded or limited, this also applies
for the personal liability of the employees and other vicarious agents of us.
11. Applicable law
The legal relationship between the contracting parties is subject exclusively to German law. The application of the UN Sales Convention is excluded.