General terms and Conditions of trade

§ 1. General
All offers and agreements are exclusively subject to our General terms and Conditions of trade. Deviating terms of Customer will only be effective if confirmed by us in written form. Our offer is non-binding.

§ 2. Prices, Delivery and Claims for defects
Our prices are quoted in euros ex Berlin and are subject to statutory VAT. For orders amounting to 600, - Euro or more net order value per unloading point and delivery date the delivery is carriage free in Germany. The choice of the transport carrier stays in each case in our option. For foreign shipment and for large customers special conditions are applying. The delivery is at Customers risk. In case that a specific shipping method is requested by the Customer also the additional charges are to be borne by the Customer. We are authorised to perform partial deliveries at anytime, the delivery conditions of an order remain also valid for possible partial and subsequent deliveries. The stated delivery times are non-binding. Claims of compensation or any other demands due to delayed delivery are excluded even after expiry of an additional respite granted by the Customer. Complaints have to be provided to us within 3 days after receipt of the goods. Transport damages have to be reported to the person who has delivered the goods immediately upon receipt of the goods. Fulfilment for defective goods will be carried out at our discretion (removal of defects or resupply) or credit advice. Returns are only possible with our prior explicit consent in aim to avoid unnecessary charges. All size details are approximate measures.

§ 3. Terms of payment
All invoices have to be paid within 14 days with 2% cash discount or 30 days strictly net due as of billing date. Payment is deemed to be fulfilled only after the amount due is irrevocably credited to our disposal. Unjust discounts and invoice reductions will definitely not be accepted and will be claimed subsequently in any case. At breach of payment terms the Customer is in default. With entrance of default the Customer is obliged to pay legal default interest. These amount at the present to 9% over the base interest rate of ECB. Further claims of us remain reserved. For charge back at least accruing bank charges are raised.

§ 4. Reservation of title
The goods stay in our property until Customers full payment of all liabilities out of the whole business relation with us. The Customer is neither allowed to bond nor to pledge the goods subject to retention of title as security. In case of distraint or any other invention of a third party it is in Customers obligation to notify us about this promptly in writing, and to provide us all information and records required to reserve our rights. The executory officer or any third party must be informed about our ownership. The Customer assigns all rights out of any resale of the goods subject to the contract to us and is obliged to provide us with the names and address of his buyers immediately upon request. We are entitled to publish the advanced assignment to these buyers and to collect the outstanding claims for us.

§ 5. Place of fulfilment and Place of jurisdiction and Governing law
The place of fulfilment and place of jurisdiction for both parties is Berlin, as far as the Customer is a businessman, a society, a corporate body under public law, a special fund under public law, or if the Customer has no general jurisdiction in the Federal Republic of Germany. The same is applying in case that the residence or the stay of the Customer is unknown at filling the action. This is also effective for possible summons. On the contractual relationship and its termination German law is applicable.

§ 6. Partial nullity
Should a regulation of the above general terms and conditions of trade be or become invalid due to breach of legal regulations so the efficiency of the other regulations keep valid.

Cornelissen naTierliche Geschenke GmbH & Co. KG, Miraustraße 54, D-13509 Berlin
limited commercial partnership: place of business Berlin,
local court: Charlottenburg HRA 52740 B
Persönlich haftende Gesellschafterin (personally liable associate): Beyer Rohde Verwaltungsgesellschaft mbH,
place of business is Berlin, local court Charlottenburg HRB 179620 B
chief executives: Daniela Beyer und Andre Rohde
VAT No. DE309452044