Terms and Conditions

Orbis Naturana GmbH - Terms and Conditions

  1. Use
    1. The parties agree that for the business relationship between ORBIS Naturana and the buyer the following terms and conditions shall claim exclusive validity. Deviating conditions of the buyer shall only be valid when their applicability was explicitly approved in writing.
  2. Conclusion of contract:
    1. The order placed through the Internet by a customer represents an offer to conclude a sales agreement.
    2. Acceptation by ORBIS Naturana will take place via return confirmation per e-mail or by regular mail. The conclusion of contract exclusively comes into existence for such products that are contained in the return confirmation and show conformity with the order.
    3. Slight color deviations in cover materials and leather, color and texture deviations in metal and wooden surfaces, and slight construction deviations remain reserved.
  3. Right of revocation
    1. The buyer can revoke the contract in writing (for which e-mail is sufficient) or by returning the goods within two weeks after receipt. Compliance with the deadline is given when the subject matter of the contract was sent within two weeks.
    2. In case the value of the products ordered falls below EURO 40.00, the buyer shall bear the costs of the return delivery, otherwise this is ORBIS Naturana's responsibility.
  4. Delivery
    1. Unique delivery of the products to the buyer's address as indicated will be at the expense of ORBIS Naturana.
    2. Information regarding delivery periods shall not be binding unless confirmed bindingly, i.e. in writing.
  5. Due date; payment
    1. The purchase price shall be due on receipt of the invoice.
  6. Retention of title
    1. Until full payment of the purchasing price, the goods shall remain in ORBIS Naturana's ownership.
    2. In case of resale of the goods by the buyer to third persons the buyer undertakes with immediate effect to disclose the reservation of proprietary rights for the benefit of ORBIS Naturana.
  7. Liability for material defects
    1. In case of a defect of the item purchased, the buyer is entitled to supplementary performance. For rectification of the goods the buyer has the choice of either having the defect eliminated or of the substitute delivery of a proper product.
    2. For consumers and entrepreneurs the liability term for material defects shall be 3 years after delivery of the goods.
  8. Compensation / liability limitations
    1. In case of slight negligence the liability of ORBIS Naturana is limited to the direct average damage, predictable and typical according to the type of goods. This shall also apply to any slightly negligent violation of obligations on the part of the legal representatives or agents of ORBIS Naturana.
    2. The aforesaid liability limitations do not relate to the purchaser's claims under product liability. Furthermore, the limitation of liability shall not apply to physical injury or health damage or to loss of life of buyer which is attributable to ORBIS Naturana.
  9. Final provisions
    1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Sales Convention do not apply here.
    2. If the customer is a merchant, a legal entity under public law, or public-law special funds, the place of fulfillment for all claims based on this contract is Traunstein.
    3. If the customer is a merchant, a legal entity under public law, or public-law special funds, the exclusively competent court of jurisdiction for all disputes arising from this contract is Traunstein. The same shall apply if the buyer does not have a general place of jurisdiction in Germany or when his domicile or place of habitual residence is unknown when the legal action is filed.
    4. If any provision of this contract with the buyer including these Terms and Conditions is found to be partly or entirely invalid, the validity of the remaining provisions shall not be affected thereby. The partly or entirely invalid provision shall be replaced by a provision whose economic success comes as close as possible to the invalid provision.