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Allgemeine Geschäftsbedingungen

Terms and Conditions

 

1. General

The customer acknowledges generally binding the following "Terms and Conditions" (TaC) by placing the order. Special arrangements must be in written form. The vendor guarantees that the goods are in perfrect condition and the best quality when they leave the production plant. With respect to a valid complaint about individual products the time limit is 30 months after production day. The vendor is allowed to store, process and transmit data on goods and payment transfer systems. The importer acknowledges the delivery and payment terms as binding when placing an order. 

2. Validity - Prices 

The export price is calculated in EURO and shall be paid in this currency. GW nature cosmetic GmbH´s policy for foreign orders is 100% payment in advance except for special arrangements made before the sale. Custom duties, taxes, banking fees and other charges relating to the import of the goods shall be borne by the customer. All export prices are EXW prices. Our discount rates are variable. The minimum order value is 5.000 EURO. Order values starting 120.000 EURO are CIP. 

3. Shipment

At the customer´s request, the shipment can be insured. Under the order volume 120.000 EURO all costs relating to the shipment-insurance must be borne by the customer. In case of transportation damage the customer has to inform and certify immediately  to the responsible carrier (Post, Train, shipping-company etc.) to report the incident to the insurance company. In case of non-reporting a transportation damage the claim expires and will be invalid. 

4. Force Majeure

Acts of God, operational disorder, supply difficulties by providers, basic material, shortage of energy or manpower, strikes, lockout-risks, difficulties by the acquisition of transportation, traffic blocks and instructions of higher authorities excuse the vendor from the fulfillment during the period and range of the disorder. 

5. Reservation of Proprietary Rights

The delivered goods stay in the possession of GW nature cosmetic GmbH until all outstanding debts are cleared. The customer hast to report immediately in written form the access by third persons of the delivered goods. Dispositions beyond ordinary business operations, e.g. transfer by the way of security, bailment etc. are not permitted. In case of bailment the customer has to inform GW nature cosmetic GmbH immediately. 

6. Guarantee

If the customer does not report obvious deficits in written for within 8 days the vendor is not liable of guarantee. In case of the vendor arguable deficits, reported in time by the customer, is the vendor - under exclusion of the rights of the customer - permitted to resign from the contract, to reduce the purchase price of for supplementary performance. If the vendor is not disclaimed to refuse by legal regulations do so. For every deficit the customer has to grant the vendor an appropriate time limit for supplementary performance. The supplementary performance can be effected by the choice of the customer by clearing the defects or delivery of new goods. The vendor is entitled to refuse the chosen supplementary performance if it is connected to disproportional cots. During the time of supplementary performance is it impossible to reduce the purchase price or to resign from the contract. The supplementary performance ends after the second failed attempt. If the supplementary performance has failed or the vendor has refused any supplementary performance, the customer can choosen between either reducing the purchasing price or resign from the contract. Additional claims for the customer, particularly compensation for loss are excluded. Rejected goods can only be returned with our approval. Returning goods without justified reasons according to the law of our terms and conditions are not accepted. Expenses concerning reconsignments can be charged to the customer. Reconsignments due to excess of age or disposition mistakes by the customer cannot be considered. 

7. Trade Mark and Brand Name

All products are registered trademarks and in the possession of GW nature cosmetic GmbH, Nuthedamm 16, 14974 Ludwigsfelde, Germany. The use of the Trade Names of our products assigned Brand Names are only allowed to be used in  the case of prior written approval. Our products may be sold only in original packaging, they cannot be repacked or tampered with. A sale to a foreign country may take place only with our prior consent. Sales of our products on the internet are not allowed without our prior consent. 

8. Place of Performance and Jurisdiction 

All  disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. 

9. Severability

If any of the above conditions will be invalid the validity of the remaining conditions shall not be affected. 

10. Privacy Policy

Because of the Federal Data Protection Act we are obliged inform you that the relevant data concerning our business relationship is stored electronically. 




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