General Terms and Conditions of Sale of Baobab Collection GmbH (valid as of April 1, 2010)

Scope
These General Terms and Conditions of Sale, as amended and restated from time to time, (the “Conditions”) shall govern the terms and conditions relating to the sale, purchase and delivery of products by Baobab Collection GmbH, Switzerland (the “Seller”) to its customers (the “Buyer”). By placing an order with Seller, Buyer accepts the Conditions. Any special terms and conditions differing form the Conditions shall only be valid if mutually agreed in writing by Seller and Buyer.

Offer and Contract
After receipt of Buyer’s order to purchase a product, Seller will send Buyer an e-mail confirming receipt of the order (the “Confirmation E-Mail”). Buyer’s order represents an offer to Seller to purchase a product which is accepted by Seller by sending an e-mail to Buyer confirming dispatch of product to Buyer (the "Dispatch Confirmation E-mail"). Any products on the same order, which Seller has not confirmed in the Dispatch Confirmation E-mail, do not form part of the contract.

Price and Payment
Customers in Switzerland - Unless stated otherwise, the prices in the pricelist are inclusive of VAT, but do not include any delivery charges (see Delivery section)
Customers outside Switzerland - - Unless stated otherwise, the prices in the pricelist are exclusive of VAT, delivery charges (see Delivery section) and customs.
Seller reserves the right, at its sole discretion, to amend the pricelist at any time from time to time. Subject to the next paragraph, the prices shown in the pricelist at the time of the order are applicable for such order.
Despite Seller’s efforts to maintain an error free pricelist, occasionally an error may occur and a small number of products might be mispriced. In such an event Seller will, at its sole discretion, either contact Buyer for instructions before dispatch or cancel the order and notify Buyer accordingly.
Buyer shall pay the invoice in full before delivery in cash or by fund transfer to the bank account on the Dispatch Confirmation E-mail. Products will not be dispatched if not paid in full.

Delivery
Seller or nominated transporters will deliver the products to the address as indicted on the purchase order. As we process your order, we will inform you by e-mail if any products you ordered turn out to be unavailable. Delivery within Switzerland is free of charge for any purchase over CHF 100.00. For deliveries under CHF 100.00, a delivery charge of CHF 7.00 will apply. For any delivery outside Switzerland effective delivery charges will be added to the purchase price. Import taxes and duties are to be paid by Buyer.

Title and risk
Risk of damage or loss of the products shall pass to the Buyer upon dispatch of the Dispatch Confirmation E-mail by Seller The title in the products shall not pass to Buyer until Seller has received in cash or cleared funds payment of the purchase price in full.

Warranty, Liability and Damages
Buyer shall examine the products for any defects and for completeness immediately after receipt and shall notify Seller in writing of any alleged shortages, defects or damages within five (5) days. All claims not made in writing and/or sent by Buyer to Seller within such five (5) day time period shall be deemed waived.
Buyer shall have a right to remedy any defect within a reasonable period of time, failing, which Buyer shall be, at Seller’s sole discretion, entitled solely and exclusively to either a) replacement of such defective or nonconforming product without charge or b) a reduction of the purchase price determined by having due regard to the nature of the defect. Any further claims of whatever nature (e.g. damages, compensations, etc.) are herewith expressly excluded. The aggregate liability of the Seller shall in any event be limited to a sum equal to the amount paid or payable by the Buyer under each order accepted by Seller. Under no circumstances Seller shall be liable for any consequential or indirect damages arising out of or in relation to the product or any delay or failure to supply any products. In most cases the products are handcrafted, which makes each product unique. Photographs, drawings, designs, plans, description, etc. of the products are for illustrative purpose only, and may not exactly match the delivered product itself. Therefore, Seller does not represent or warrant that the delivered product exactly matches the description, photograph, plan, drawing, design, etc. as published on the website, any catalogue, mailing or communication of Seller.

Governing law and jurisdiction
These Conditions, the sale, purchase and delivery of products are governed by and construed in accordance with the laws of Switzerland, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any dispute or difference between Seller and Buyer in connection therewith shall be referred to the competent courts in Basel, Switzerland.