General Terms and Condition EAST ELIXIR
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not utilize this Website if you disagree with any of these Website Standard Terms and Conditions (hereinafter referred to as “GTC”).
1.1 With sending the order I accept the general trading conditions and they will become part of the contract. Insofar as the general terms and conditions deviate from the terms and conditions of the customer / orderer, the general terms and conditions of customer / purchaser shall be hereby contradicted. The present terms and conditions shall apply exclusively in their respectively valid version and become part of the contract. The General Terms and Conditions of the customer / purchaser will become part of a contract only if we have agreed this in written.
1.2 Agreements which differ from or expand the present Terms and Conditions are only valid if they have been concluded in writing or confirmed by us in writing.
2.1. After ordering, 30% of the payment must be received by us before fulfilment of an order and also the price is included “value added tax (VAT)”. The final payment is due for payment immediately after delivery.
2.2. Payment is made without deduction.
2.3. There are no guarantees, especially for the use of the delivered products for processing in organic products or the same, unless this has been expressly agreed in writing.
2.4. All agreements or changes and additions must be made in writing form. The waiver of the written form requires a written agreement. We will send the written form requirement by e-mail and fax.
Delivery / liability
3.1. There are no binding delivery dates, unless they were expressly guaranteed in writing when they were ordered.
3.2. Goods are transported at the Purchaser’s risk, regardless of the method of transmission and cost carrying. Part deliveries are possible.
3.3. The control of the delivered goods must be carried out immediately and it has been tried to keep products as safe as possible. However, we do not have control over our carriers or potential accidents. When you receive a broken product that is the fault of the carrier, you must inform us by e-mail. If a complaint is not declared immediately after delivery, complaints are excluded later.
3.4. Packages must be assessed for any damages immediately after delivery. Complaints must be declared in written form no later than the next working day. Subsequent complaints do not entitle to compensation or reduction.
Price / condition
4.1. Our prices shall apply ex warehouse or ex works plus the applicable rate of value added tax.
4.2. All prices are in Euro, unless it is agreed expressly otherwise in written form.
4.3. The price charged for a product or service will be the price in effect at the time the order is placed.
4.4. The prices and conditions apply as they were valid on the day of receipt of the customer’s order. Currency risks are borne by the customer.
4.5. Prices of changes and errors are reserved.
Terms of payment (Payment condition) / Retention of title
5.1. All goods are kept with us until full payment. We are entitled to take back the purchased item if the buyer behaves contrary to the contract.
5.2. The buyer is obliged, as long as the property has not been transferred to him, to handle the purchased goods with care. In particular, he is obliged to adequately insure these at his own expense against theft, fire and water damage at replacement value (Note: only allowed if sold high quality goods) If maintenance and inspection work have to be carried out, the buyer has to carry it out on time at his own expense. As long as the ownership has not been transferred or the delivered item has been seized or otherwise exposed to third party intervention, the buyer must inform us immediately in written form. Insofar as the third party is not in a position to reimburse us for the court and out-ofcourt costs of a location in accordance with §771 ZPO, the buyer is liable for the loss incurred by us.
5.3. The buyer shall be entitled and authorized to resell the goods on retention only subject to this reservation. The Purchaser hereby already assigns to the Vendor its rights to the payment of the purchase price (including value added tax) in respect of such goods resold by the Purchaser in the amount of the price of such goods agreed with the Vendor. This transfer applies irrespective of whether the purchased goods are resold before or after processing. The customer remains responsible for the collection of the debt after such transfer. Our authorization to collect the receivable ourselves shall remain unaffected by this. We shall however refrain from enforcing the claim as long as the purchaser continues to meet its payment obligations from the proceeds obtained, as long as the purchaser does not fall into arrears with payment and, in particular, as long as no application is made for the initiation of insolvency proceedings and the purchaser does not stop payments.
5.4. The process and conversion of the purchased item is always named and on behalf of us by the buyer. In this case, the buyer’s entitlement to the purchased item continues with the remodeled item. If the purchased item is processed with other items not belonging to us, we acquire coownership of the new item in proportion of the objective value of our purchased item to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that the item of the buyer is to be regarded as the main item, it is deemed agreed that the buyer assigns co-ownership pro rata to us and secures the resulting sole ownership or co-ownership for us. To secure our claims against the buyer, the buyer also assigns to us such claims that accrue to him from the agreement of the reserved goods with a plot against a third party; We already accept this assignment.
5.5. We reserve the right to demand security or full payment at any time prior to delivery. In addition, we reserve the right at any time, in case of doubts about creditworthiness, to withhold all or part of the outstanding deliveries until full payment or to withdraw from existing contracts in whole or in part.
5.6. Rights of set-off, retention and refusal of performance are only available to the customer / purchaser if his counterclaims are undisputed, recognized and legally established.
6.1. The description of the products is without guarantee.
6.2. The customer/purchaser is aware that the goods are purchased abroad, especially in countries such as Iran.
7.1. The warranty for defects is excluded as far as legally permissible.
7.2. Defects must be reported in writing without delay, at the latest within 24 hours after their discovery. Otherwise, the goods are deemed accepted and approved without objection.
7.3. In the case of justified complaint, the customer / purchaser is entitled to subsequent delivery. The allegation product must be provided to us as evidence. The subsequent delivery will be made as soon as possible.
7.4. Claims for defects become statute-barred to the extent permitted by law after one year, calculated from the delivery date of the goods.
Damages and liability
8.1. As far as legally permissible, liability is limited to gross negligence and intent. This does not apply to injury to life, body or health.
8.2. Furthermore, the amount of liability is limited to the value of the goods.
9.1. These terms and conditions (GTC) apply to merchants and resellers. The law of the Federal Republic of Germany.
Place of fulfillment and jurisdiction
10.1. The place of performance and place of jurisdiction for all disputes under this Agreement are the registered office in Loehne.
10.2. Individual provisions of the GTC Should be ineffective, the remaining provisions remain valid.