Conditions of Use

1. The following conditions shall apply to the customer’s entire business relationship with Eder Health Nutrition. The new version of the terms and conditions shall become part of the contract if the customer does not object in writing within two weeks of their sending. Eder Health Nutrition shall point out to the customer the significance of his silence at the beginning of the term.
2. The customer’s own terms and conditions shall not be part of the contract in any case.
Employees of Eder Health Nutrition are not authorized to make oral agreements, oral amendments to these terms or other verbal agreements. Supplementary or deviating agreements require the written confirmation of Eder Health Nutrition.

1. Offers from Eder Health Nutrition are non-binding. A contract is only concluded with the written confirmation of the customer’s order.
2. Delivery dates and deadlines are only binding if they have been specified by Eder Health Nutrition in the order confirmation and were designated as binding.
3. Eder Health Nutrition shall be entitled to perform the services in partial deliveries in order to free itself from available parts of the delivery and to hand them over to the customer.
4. If the delivery is delayed due to unforeseeable obstacles – such as force majeure, labour disputes, traffic disruptions or disruptions to the pre-supplier –, then binding delivery dates and deadlines according to item No. 2 shall be extended as appropriate. Eder Health Nutrition shall not be responsible for exceeding a delivery deadline if this was due to customer-requested changes to the order.
5. If the customer is in default of acceptance, the entire price shall be due for payment.

Deliveries and services of Eder Health Nutrition shall be made according to the prices resulting from the respective price lists at the time the contract was concluded.

The risk of conveyance for all shipments – including any returns – shall be borne by the customer. The choice of the shipping route is left to Eder Health Nutrition.

1. Payments shall be due upon receipt of the goods, without any deductions. Offsetting against counterclaims shall be only permitted if these are legally established or undisputed. Entrepreneurs, legal persons under public law or special funds under public law cannot claim a right of retention according to §§ 273 or 320, 321 BGB (German Civil Code) except in the cases mentioned in sentence No. 2.
2. The debtor’s repayment right according to § 366 par. 1 BGB (German Civil Code) shall be excluded. Any payment will be made to the current account balance. If there is no current account, the repayment order according to §§ 366 par. 2, 367 par. 1 BGB (German Civil Code) shall prevail.
3. Agreed cash discounts require that the current account balance is balanced or that there are no receivables from previous deliveries against the customer.

1. The goods shall remain the property of Eder Health Nutrition until payment of the purchase price, or upon receipt of cheques or bills of exchange until the time when it is established that Eder Health Nutrition cannot be drawn by cheque or bill of exchange. With respect to entrepreneurs, legal persons under public law and special funds under public law, the reservation of title secures all claims arising from the business relationship with the customer.
2. The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns to Eder Health Nutrition all claims in the amount of the invoice amount, including VAT, which accrue to him from the resale against his buyer or third parties.
3. The customer is principally entitled to collect the claim. However, the customer’s right to collect debts ceases as soon as he is in default of payment.
4. If the customer accepts claims from the resale in a current account relationship between himself and his customer, he hereby assigns the claim to the recognized balance or final balance in the amount that the original current account claim in question amounted to.
5. If the value of the collateral exceeds the claim to be secured by more than 20%, Eder Health Nutrition is obliged to release collateral. The selection is made at Eder Health Nutrition’s discretion.
6. In the event of seizure or other interventions by third parties in the delivery item or in claims asserted by the assignment, the customer must notify Eder Health Nutrition immediately in writing. Insofar as third-party access incurs costs of other failures the customer is liable.

1. Deliveries of Eder Health Nutrition GbR must be checked upon receipt. Consumers must report obvious defects within two weeks in writing, stating the invoice number, otherwise the warranty is excluded. For merchants, § 377 HGB (German Commercial Code) continues to apply.
2. For breakage and damage in transit, the separate instructions in the package leaflet apply.
3. Eder Health Nutrition GbR shall be liable for defects in the goods within the scope of the statutory warranty. At the request of Eder Health Nutrition GbR, the customer requesting the rectification of the defect shall be obliged to return the goods. The goods must be properly packed. Eder Health Nutrition GbR will bear the costs of the shipment if the deficiencies notified are confirmed, otherwise they will be charged to the customer.
4. Insofar as Eder Health Nutrition GbR carries out rectification or replacement for reasons of goodwill, the customer shall bear the shipping costs. If the customer insists on the legal warranty, he must immediately reject the goodwill offer.

1. Eder Health Nutrition shall be liable for damages that are based on an intentional or grossly negligent breach of duty by the owner of Eder Health Nutrition or its vicarious agents. With respect to entrepreneurs, legal entities under public law or special funds under public law, the liability based on wilful or grossly negligent breach of duty by a vicarious agent who is not a senior employee is limited to the replacement of foreseeable damages.
2. In addition, Eder Health Nutrition shall be liable for any damage resulting from injury to life, limb or health caused by intentional or negligent breach of duty by the owner of Eder Health Nutrition or his vicarious agents. With respect to entrepreneurs, legal entities under public law or special funds under public law, the liability based on a simple negligent or slightly negligent breach of duty by the owner of Eder Health Nutrition or his vicarious agents is limited to the replacement or foreseeable agents.
3. In addition, liability for damages based on a simple or slightly negligent breach of duty or tort of the owner or vicarious agents of Eder Health Nutrition is excluded, unless essential obligations are violated, compliance with which is necessary to achieve the purpose of the contract, or arising from a legitimate claim of particular confidence. In these cases, the liability of Eder Health Nutrition shall be limited to the replacement of foreseeable damages.
4. Eder Health Nutrition shall not be liable for damages that are based on a non-culpable breach of duty of the owner or vicarious agents of Eder Health Nutrition.
Liability under the Produkthaftungsgesetz (German Product Liability Act) and from the assumption of a guarantee for the condition of a thing or a procurement risk by the seller shall remain unaffected.
5. The above rules shall also apply to employees of Eder Health Nutrition for claims directed against them directly.
6. With regard to the limitation period for claims for damages, item No. VII. 4 shall apply accordingly.

1. The assignment of performance, warranty or other contractual or non-contractual claims to third parties resulting from the customer’s contractual relationship with Eder Health Nutrition requires written consent of Eder Health Nutrition in order to be valid.
2. The customer shall agree that Eder Health Nutrition will process the data required for its order processing by means of automatic data processing systems. Eder Health Nutrition pledges to use the customer’s data only in this context.

1. For entrepreneurs, legal entities under public law or special funds under public law, the seat of Eder Health Nutrition shall be the place of performance and the exclusive place of jurisdiction for all disputes arising from the business relationship. This also applies to disputes arising from bills of exchange and cheques.
2. The legal relationship between Eder Health Nutrition and its customers, even if they are based outside of the Federal Republic of Germany, shall be subject exclusively to German law.
3. Should any provision of these General Conditions of Sale, Delivery and Payment be wholly or partially ineffective or should a gap be found, this shall not affect the validity of the remaining provisions. The customer and Eder Health Nutrition shall undertake in this case to pursue the intended purpose by agreeing on a substitute provision.