General terms and conditions of trade

1. Validity All offers from previous catalogues expire with the issue of this catalogue as of November 20th 2008. The prices of our products may only be taken from our current pricelist for private customers (2009) or our current pricelist for professional growers and resellers (2009) respectively, both issued on November 20th 2008. 2. Prices Prices for private customers All indication of prices for private customer include German value-added tax (VAT), currently 7% or 19%. Prices for commercial customers All indication of prices for professional cultivaters are to be understood as net prices and exclude German VAT, currently 7% or 19%. 3. Packing and Shipment Packing Packing will not be charged. Shipping Shipping and handling fees will be charged as follows, including general sales tax: Within Germany = EUR 1,50 Within Europe = EUR 2,50 Shipping beyond Europe will be at least EUR 3,00 and calculated by weight. Details on inquiry. The method of shipping will be effected at our best discretion and in the most economical way. We will, of course, agree to specific wishes (e.g. express delivery) on a basis of cost sharing. 4. Right of Withdrawal for private customers According to the Distance Selling Act we grant a 20-day right of withdrawal to our private customers. You can cancel any sales agreement by sending us notice in written form (e.g. letter, fax, e-mail) or - if you have already received the merchandise - returning the product(s). The aforementioned cancellation period of 20 days begins with the day on which the goods are delivered (or on which the first of several partial deliveries is made in case of repeated delivery of comparable goods) , and after these cancellation instructions are provided in written form. By providing you with this information we fulfill our duty to inform according to German Civil Code (BGB), §312c para. 2 BGB in association with §1 para. 1, 2 and 4 BGB-InfoV, as well as our duties according to §312e para. 1, 1st sentence BGB in association with §3 BGB-InfoV. The cancellation time limit is met by the date of dispatch (of the withdrawal notice or the delivery) on your part. Send withdrawal notice or returned goods to: FloVeg GmbH, Mörmelsbach 14, D-53359 Rheinbach-Wormersdorf. 5. Consequences of withdrawal Both parties agree to return all benefits from the sales contract, including benefits from further utilisation of these (e.g. interests), after an effective cancellation. If you are unable to return a delivery or parts of a delivery or if you return a delivery in a deteriorated condition, we retain the right to ask for compensation. This does not apply if the deterioration is caused only by an examination of the delivery in a reasonable manner - i.e. an examination that would be possible in a retail store. The customer can avoid the obligation to compensate for the decrease in value due to deterioration by not using the goods as if they were his property and by refraining from any action that might reduce the goods' value. Goods which are transportable by package are to be returned on our expenses and at our risk. Goods which cannot be send by package will be picked up by us. There is a 30-day time limit for the return of payments. This time limit begins for the customer with the date of dispatch of the withdrawal notice or the returned goods, for us with the reception of these. 6. Payment We deliver on account with a 21-days payment period or on direct debit authorisation. If you order a large quantity or if you are a new customer we reserve the right to ask for advance payment or a down payment before delivery. In this case we will grant you a 5% discount. Invoices are due in full within 21 days upon receipt. If the account is not met within 30 days upon invoice date, the customer will default on the invoice total without further monition. At this point, we reserve the right to charge an interest of 10% p.a. on the invoice total. As a basic principle, costs for foreign payments have to be payed for by the customer. We reserve the right to ask for an advance payment if you are a new customer or a customer from a country other than Germany.   7. Warranty for seeds, replacement and subsequent delivery We deliver only original seeds of approved variety. The sorts' listed characteristics are based on our experience and evaluation. We don't assume any guarantee for public statements of third person about characteristics of specific sorts. Illustrations published by us in any form are solely exemplary. Replacements of undeliverable exemplars are only effected after prior consultation and will not be effected automatically. Partial delivery is possible, but an exception. Items which are temporarily undeliverable will be delivered by us as soon as possible.  Our warranty extends only to quality and characteristics of the delivered seeds. A warranty for the resultant growth is excluded. We settle indemnity claims only up to the amount invoiced. You can reship our products within 20 days without needing to specify a reason. When returning an order of more than EUR 50 worth, you are allowed to do this by freight collect. Please do, however, contact us before returning a delivery. 8. Special agreement Special agreements, quantity discounts and discounts explicitly require written form. 9. Court of jurisdiction Court of jurisdiction is Germany, the vendor's location of busines. All legal proceedings by foreign customers need to be duly submitted to a German court and must conform to German law. 10. Privacy policy The safety of your data is of utmost concern to us. When you place an order at our online shop, your address and data regarding your order will be saved on our server. This data will is needed solely for internal use at bobby-seeds and will in no case or form be given to third parties. We may send you information or catalogues that may be of interest to you as deduced from your data. You can disagree to this usage of your data at any time. We will then discontinue sending you information. As soon as you enter your shopping cart, all steps of your order are protected by SSL-technology with 128-bit-encryption and cannot be intercepted by third parties. Important information: FLOVEG GmbH, Mörmelsbach 14, D-53359 Rheinbach, Germany St.-Nr. 224/5714/1005 USt.-ID. DE 225347263 Amtsgericht Köln, HRB 50310 ; General manager : Alexander May Banking account: Raiffeisenbank Fischenich-Kendenich eG, BLZ 37063367, Kto. 103821010 BIC GENODED1FKH IBAN DE55 3706 3367 0103 8210 10