Terms of delivery and payment as of 01. September 2018
1. General
All Herbaria products shall be delivered exclusively under the following terms and conditions. These terms and conditions shall be deemed accepted by the customer if he does not immediately object in writing. All deviations shall be binding only if they have been expressly confirmed in writing; verbal collateral agreements shall require the written form.
2. Prices
We point out that the purchase prices of teas, spices, etc. are subject to very strong price fluctuations. We reserve the right to change prices if necessary.
3. Payments
Payment of the invoice amount must be made within 30 days in cash, without deduction, in euros. Alternatively, the customer may authorize the collection of the invoice amount by direct debit by means of a SEPA Basic Mandate or a SEPA Corporate Mandate. The period for the pre-notification is reduced to two days. We grant a 2.5% discount for collection by direct debit. If payment is made within 8 days of receipt of the invoice, we grant a 2% discount.
The customer assures to provide for the coverage of the account. Costs incurred due to dishonor or chargeback of the direct debit shall be borne by the customer as long as the dishonor or chargeback was not caused by us.
Deductions, e.g. for freight, postage, cartage, packaging, etc. will not be recognized. Unauthorized deductions and differences for which no credit note has yet been issued will automatically be reminded by our EDP.
Within 30 days after the due date and receipt of the invoice, default automatically occurs. In the event of late payment, delivery may be blocked. If the agreed payment deadline is exceeded or in the event of default, we shall be entitled to charge interest on arrears at a rate of 9% above the respective base interest rate. This does not exclude the assertion of further damages caused by default. The customer shall be responsible for proving that the damage caused by default is lower.
If a significant deterioration in the financial circumstances of the customer becomes known or if the customer defaults on payment, we shall be entitled to demand immediate payment of all outstanding invoices, including those not yet due. This shall also apply to claims for which deferment had been agreed. We are entitled to offset incoming payments against the oldest invoice.
We kindly ask all customers to indicate customer and invoice number when transferring open invoices.
4. Delivery
Over-the-counter medicinal products are marked with “FA” in the current price list. By ordering over-the-counter medicinal products from Herbaria, the customer confirms that he has a wholesale permit in accordance with §52a AMG or a certificate of competence for over-the-counter medicinal products in accordance with §50 AMG, which entitles him to supply over-the-counter medicinal products to the end user. The minimum order value is € 70,- net. All deliveries are made at the prices valid on the day of delivery. The delivery of the articles takes place only in packing units, which are indicated in the price list. For an order value below € 120,- net we currently charge € 5,95 gross for shipping costs, postage or freight within Germany. From € 120,- net we deliver free receiving station within Germany. Deliveries to other European countries are always carried out with freight charges. Special agreements must be made in writing. The dispatch of our products takes place on calculation and danger of the customer. Transport insurances are only carried out by us on explicit instruction and at the expense of the customer. Bank charges must always be paid by the customer. The customer bears the additional costs for express shipments. Shortages or damages are to be complained immediately to the deliverer (forwarding agency, post office or railroad) and require his confirmation. Notices of defects are considered in all other respects only if they are raised at the latest within 10 days, after the customer could dispose of the commodity, under indication of the customer number, delivery number and invoice number opposite us in writing. Justified notices of defect will be settled at our discretion by new delivery, reduction or rescission. In the event of shortages, we shall have the option of either making a subsequent delivery or issuing a corresponding credit note.
Claims for damages between the contracting parties are excluded unless they are based on intentional or grossly negligent breach of contractual obligations. In the event of claims for damages by third parties under the Product Liability Act, liability between the contracting parties shall be assessed according to the degree of causation.
5. Packing
Herbaria products may only be traded in original packaging. In the case of kilo goods, which are still packaged, the distributor is responsible for compliance with the legal regulations regarding his activity.
6. Retention of title
The delivered goods shall remain our property until full payment of all claims arising from the business relationship, including claims arising in the future, in the case of setting the claim in a current account balance or until the checks given for this purpose have been cashed (§ 449 BGB). The customer shall be entitled to dispose of the goods within the scope of an ordinary commercial transaction as long as he fulfills his obligations towards us. Any other disposal, e.g. transfer of ownership by way of security, sale by way of security, pledging, is not permitted. The customer shall notify us immediately of any seizure by third parties of the goods delivered under retention of title. The customer irrevocably permits us to enter his premises and to remove the goods delivered under retention of title without this constituting unlawful interference. The exercise of these rights does not require conversion. If the goods belonging to us are sold, the claim against the third party purchaser shall take the place of the goods belonging to us, without this requiring an express assignment to us. We undertake to release the securities to which we are entitled in accordance with the above provisions at our discretion at the customer’s request to the extent that their value exceeds the claims to be secured by more than 20%.
7. Place of performance and jurisdiction
The place of performance for all claims and obligations arising from the contractual relationship is Fischbachau. The place of jurisdiction for all claims and obligations arising from the contractual relationship is Miesbach for customers who are merchants.
8. Offsetting and right of retention
Offsetting with counterclaims of the customer is excluded, unless these counterclaims are recognized by us or have been legally established. The customer may not assert a right of retention.
9. Datenschutz
We collect and process your personal data for the purpose of contract execution, the fulfillment and implementation of contractual and pre-contractual measures and obligations, as well as legally prescribed obligations, in particular for their storage, and for the purpose of direct advertising. The data processing is based on Article 6 para. 1
b) DS-GVO. The data will not be passed on to third parties. The data will be deleted as soon as they are no longer required for the purpose of processing. You have the right to information about the personal data concerned, as well as to correction or deletion or to restriction of processing, or a right to object to processing, as well as the right to data portability. Furthermore, there is a right of appeal to the supervisory authority. Our data protection officer can be reached at datenschutz@herbaria.de; the contact details of the responsible party are Herbaria Kräuterparadies GmbH, Management, Hagnbergstraße 12, 83730 Fischbachau, phone: 08028 – 90 57 35.
10. All previous price lists as well as terms of delivery and payment lose their validity.
11. These terms of delivery and payment apply exclusively to the domestic market. For deliveries abroad outside the EU, appropriate agreements must be made.
12. The invalidity of individual terms and conditions shall not affect the validity of the remaining terms and conditions.
Over-the-counter medicinal products are marked with “FA” in the current price list. By ordering over-the-counter medicinal products from Herbaria, the customer confirms that he has a wholesale license pursuant to §52a AMG or a certificate of competence for over-the-counter medicinal products pursuant to §50 AMG, which entitles him to sell over-the-counter medicinal products to the end user.
Fischbachau, 01. September 2018
Herbaria Kräuterparadies GmbH, · Hagnbergstr. 12 · 83730 Fischbachau