Natural Care Ltd. - General Terms and Conditions (GTC)
1. Scope of delivery
Deliveries and offers by Natural Care Ltd. are solely subject to the following respective valid General Terms and Conditions (AGB) at the time of the purchase order. These General Terms and Conditions shall not be modified by any other Terms and Conditions of the Buyer and shall, in all cases, supersede any inconsistent or conflicting provisions contained therein; unless expressly approved by Natural Care Ltd. in writing. The General Terms and Conditions (GTC) of Natural Care Ltd. can, amongst others, be viewed and printed via the Natural Care Ltd. Website (www.natural-hk.com).
2. Conclusion of contract
By forwarding/transmitting a written order to Natural Care Ltd. the Buyer offers to conclude a purchase/delivery contract, to which he shall be bound for 4 weeks.
The contract shall be deemed concluded when Natural Care Ltd., within this period, supplies the ordered product or confirms acceptance of the order in writing. Order confirmation via email is sufficient.
3. Prices
As far as no deviating agreement has been reached, our prices are calculated ex works. Prices are exclusive of VAT, which shall be invoiced separately as valid on the date of the invoice.
As a matter of principle, cost estimates for repairs are subject to charge.
4. Terms of payment
Terms of payment are always payment in advance. Upon request of the Buyer, a shipment can also be effected cash on delivery. Any resulting costs shall be at the Buyer's expense. Natural Care Ltd. has the right to choose the transport company.
Invoices are payable immediately and strictly net.
Payment has to be made to Natural Care Ltd. direct. Natural Care Ltd. staff is only allowed to accept cash payment when authorized with a collecting power in writing.
In cases of delayed payment, Natural Care Ltd. shall have the right to charge interest on arrears of 5% above the corresponding prime rate of the European Central Bank.
The Buyer shall only have the right to balance mutual undisputed or legally established claims. Furthermore, he is only entitled to a right of retention in so far as his counterclaim results from the same contract.
5. Delivery time
Natural Care Ltd. shall aim to meet any given delivery times. Given delivery times, however, can only be approximate and not binding, unless they have been guaranteed in writing.
If the Buyer is in default of acceptance or in violation of his obligation to co-operate, Natural Care Ltd. has the right to claim for any resulting damages.
If the Buyer is still in default of acceptance despite repeated request in writing with a deadline of 14 days, Natural Care Ltd. shall have the right to either withdraw from the contract or claim for damages.
6. Shipping
Delivery will be ex Natural Care Ltd. warehouse to the address given by the Buyer, except when otherwise stipulated.
Transport shall be at the Buyer's risk and expense. Any insurance of the purchased goods against transport damages shall solely be at the Buyer's expense.
In the case of a customer complaint, the cost of returning the purchased goods to the place of fulfilment as well as the transport back to him following repairs/exchange are at the expense of the Buyer if he is a distributor/dealer or if the delivery address is outside Germany. It is always the responsibility of the Buyer to arrange for return transport of goods to the place of fulfilment.
7. Warranty
In the case of defective goods, statutory provisions apply. Assignment of such claims by the Buyer is excluded. In so far as the following does not provide otherwise, any further claims of the Buyer - on whatever legal ground - are excluded.
The Buyer is obliged to check the delivered goods for transport damages, wrong delivery or any other deficiencies immediately upon receipt.
In so far as the contractual liability of Natural Care Ltd. is excluded or limited, this likewise applies to the personal liability of their staff, representatives and agents.
The above-mentioned limitation of liability does not apply, however, if the damage results from a deliberate act or gross negligence, or is concerning injury to persons.
Natural Care Ltd. is only liable for rectification or replacement if the Buyer, for his part, has already paid for the defective goods respectively.
8. Reservation of title
Natural Care Ltd. reserves the right/title to the goods delivered until all outstanding payments of the Buyer, for whatever legal grounds, have been settled in full, especially if the Buyer is a dealer.
The Buyer is entitled to resell the delivered goods under reserve. Any claims resulting from such a conditional sale, or on any other legal grounds, he shall assign in advance to Natural Care Ltd. in the amount of his outstanding liabilities.
The Buyer is obliged to take good care of the goods delivered to him under reservation of title, and insure them against destruction or loss until the transfer of title at his own expense.
9. Data privacy
The Buyer agrees that personal data of his order are electronically recorded and used for the purpose of this business relationship according to statutory provisions.
10. Applicable law, Place of fulfilment, Jurisdiction Applicable law, Place of fulfilment, Jurisdiction
All contractual relationships are solely subject to Hongkong law, expressly excluding the Uniform Law on the International Sale of Goods (CISG).
Place of fulfilment for any claims resulting from this contract, and any contractual relationships hereunder, shall be Hongkong. The Place of Jurisdiction for all disputes arising shall be Hongkong, in so far as the Buyer is a dealer.
Should any provision, in whole or in part, of these General Terms and Conditions or any provision in the context of other agreements be invalid or become invalid, the validity of the other provisions or agreements shall remain unaffected. The contracting parties herewith agree to replace the invalid provision with a new one which reflects the commercial intentions of the invalid clause as closely as possible and/or which they would have agreed upon had they been aware of its invalidity.