General Terms and Conditions of Life Prevent (“LP”)

I. Validity of terms and conditions
LP’s terms and conditions are the basis on which all offers and deliveries are exclusively carried out. A customer’s varying terms and conditions are not binding upon LP, even when not expressly denied. Agreements which deviate from these terms and conditions are effective only after written confirmation by LP.

II. Contract Completion
Information contained in flyers or similar documents and which include other offers and product features such as photographs, drawings, descriptions, measurements, weights and performance data as well as information with respect to the use of the product, are non-binding as long as they are not expressly indicated as being binding.
The customer remains bound for 30 days to his order. It is regarded as becoming valid when it is not rejected by LP within this period of time.
Indicated delivery times are non-binding. If the agreed-upon delivery date is exceeded by more than two weeks, the customer has the right to an extension time of one month in writing. Should the goods not be delivered by the end of the extension time, the customer may, by way of declaration, be released from his/her contract. Further rights and claims, in particular for liability resulting from non-performance or late delivery or other damage claims, are excluded unless LP is charged with negligence or wilful intent.
The delivery due date is extended appropriately when unforeseen obstacles out of LP’s control arise even though on LP’s premises or are caused by LP’s suppliers (e.g. plant shutdowns, delays in delivery of essential raw materials, rebellion, strike, etc.).

III. Delivery
For LP’s brand named products “PRÄVENTA PHARM” or “PRÄPharm” in Germany and Austria respectively, delivery by mail or shipping is free of charge given an order of more than € 100,00 net exclusive of postage. Additional accrued delivery charges in the case of special forwarding instructions such as express courier, etc., will be charged to the customer’s account. Forwarding instructions agreed upon prior to ordering apply to all job order production customers.

IV. Liability for Deficiencies
Obvious or possible future deficiencies of the product are to be provided in writing without delay, at the latest within 10 days of delivery or after detection of the deficiency. The deficient items are to be kept in safekeeping for LP’s inspection in the condition at which time the deficiency was detected. A breach of the above-mentioned duty excludes each and any guarantee and warranty given by LP. Without prejudice, Regulation §377 of the German Commercial Code (HGB) applies.

V. Guarantee
LP will deliver free of charge a replacement for any deficiencies in the product caused during delivery regardless of the lack of quality explicitly warranted. All further rights as a result of defective delivery, in particular to replacements in broad terms of direct or indirect damage, including the replacement from such damages which did not occur to the delivered item itself, but through its use, its uselessness or otherwise, including the demands of tort, are excluded, unless LP is charged with wilful intent or gross negligence. LP will also take liability in the case of damages caused by negligence to someone’s body or to someone’s health.

VI. Payments
Payments are to be made without deductions within 14 day after the billing date. After the expiry of 30 days from the billing date, LP will effect legally applicable interest on any and all late payments.

VII. Reservation of Proprietary Rights
The delivered goods shall remain the sole property of LP until payment is received in full. In case of doubt the reservation of proprietary rights remains on all production in stock and extends to a customer’s safekeeping of the product so long as payment conditions are not met.

VIII. Right of Change
LP categorically reserves the right to change the presentation, the text and composition of its products.

IX. Return Policy
LP is prepared, until revoked, to take the products of “PRÄVENTA PHARM” or “PRAPharm” back less a handling fee of 5%. Goods already opened will not be accepted.

X. Severability Clause
Should any one of the above-mentioned provisions be legally ineffective, the remaining provisions shall remain unaffected.

XI. Data Protection
LP is entitled to use data from its clients in respect of business relations or for purpose of business only as represented and contained in the Federal Data Protection Act.