Terms and Conditions

 

 1. Scope
 2. Conclusion of contract
 3. Prices and terms of payment
 4. Terms of delivery and shipment
 5. Right of withdrawal
 6. Retention of title
 7. Liability for defects
 8. Liability
 9. Applicable law  
10. Jurisdiction
11. Information on online dispute resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Biologa Danell GmbH" (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is objected to, unless otherwise agreed.

1.2 A consumer is any natural person who enters into a legal transaction for a purpose which is predominantly neither commercial nor self-employed.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

2. Conclusion of contract

2.1 The presentation of the goods, in particular in the online shop, does not yet constitute a binding offer by the Seller.

2.2 First, the customer places the selected goods in the shopping basket. In the following step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.

The Customer may also submit this offer to the Seller by fax, email, post or telephone.

2.3 The Seller accepts the Customer's offer through the following possible alternatives:


- sending a written order confirmation or an order confirmation in text form (fax or email) 
or
- Request for payment to the customer after submission of the order 
or
- Delivery of the ordered goods 
  
Decisive for the time of acceptance is the first alternative that occurred.

The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute a rejection of the offer. The customer shall then no longer be bound by his declaration of intent.

2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract shall be stored on the Seller's internal systems. The Customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions shall be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account. 


2.5 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labelled accordingly.

2.6 The contractual language is German.

2.7 It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered. 

3. Prices and Terms of Payment

3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, further customs duties, taxes or fees may be payable by the customer to the customs or tax authorities responsible there or to credit institutions.

The customer is advised to check the details before delivery. The customer is advised to enquire about the details with the respective institutions or authorities before placing the order.

3.3 The customer may select the payment methods available in the online shop.

3.4 If payment is made by "PayPal", the payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. 

3.5 In the case of payment on account, the purchase price is due after delivery of the goods and invoicing. The purchase price shall be payable within  20 days of receipt of the invoice.
The Seller reserves the right to carry out a credit check and to reject the purchase on account in the event of a negative credit check. The Buyer shall be at liberty to choose other methods of payment.

3.6 In the case of payment on account via "PayPal Invoice", the payment processing shall be carried out by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless a different payment deadline is specified. The purchase on account requires a successful credit check by PayPal. If the customer is permitted to purchase on account after the creditworthiness has been checked, the seller shall assign his claim to PayPal, therefore payment can only be made to PayPal with debt-discharging effect. 
The remaining contractual relationship as well as rights and obligations vis-à-vis the Seller and the Seller shall remain unaffected by this method of payment.
otherwise, the General Terms and Conditions of Use for the Use of PayPal's Purchase on Account shall apply:  https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4. Terms of delivery and shipment

4.1 The delivery of goods by dispatch shall be made to the delivery address specified by the customer. By way of derogation from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.

4.3 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer is an entrepreneur. If the customer is a consumer, the transfer of risk shall generally take place only upon handover of the goods to the customer or a person authorised to receive them. By way of derogation from the foregoing, the risk shall pass, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment itself and the Seller has not previously named this person or institution to the Customer.

4.4 The conclusion of the contract shall be subject to the reservation that in the event of improper, delayed or non-delivery by the Seller, the Seller shall not perform or shall perform only partially or correspondingly later. This shall only apply in the event that there is a congruent covering transaction between the Seller and the Supplier, the Seller is not responsible for the improper, delayed or non-existent self-delivery and it cannot be remedied with reasonable efforts by the Seller. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.5 In the case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receipt of this e-mail, the Customer may collect the goods at the Seller's registered office or at an agreed location by arrangement with the Seller. In this case, no shipping costs will be incurred.

5. Right of withdrawal

5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.

5.2 The right of withdrawal shall be governed by the Seller's cancellation policy.


6. Retention of title

6.1 In the case of contracts with consumers, the goods shall remain the property of the Seller until payment has been made in full.


6.2 In the case of contracts with entrepreneurs, the goods shall remain the property of the Seller until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business.

The Customer shall assign to the Seller in advance the claims against third parties arising from the resale in the amount of the respective invoice value (including VAT). This assignment shall apply regardless of whether the goods subject to retention of title were resold without or after processing. The customer may also collect claims after the assignment, but this shall not affect the right of the seller to collect the claims himself. However, the Seller shall refrain from collecting the claims as long as the Customer meets his payment obligations to the Seller, does not fall into arrears and no application for the opening of insolvency proceedings has been filed against the Customer.

7. Liability for defects

With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless agreed otherwise.

7.1 Insofar as the customer acts as an entrepreneur,
 

  • the Seller has the choice of the type of subsequent performance;
  • in the case of used goods, the rights and claims due to defects shall be excluded in principle;
  • in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
  • the limitation period shall also not begin again if a replacement delivery has been made within the scope of liability for defects.



7.2 The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB 
shall remain unaffected.

7.3 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duties of examination and notification of defects pursuant to § 377 of the German Commercial Code (HGB).

7.4 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods received with obvious transport damage and to inform the seller thereof. It is expressly clarified that the customer's statutory or contractual claims for defects shall not be affected if the customer fails to comply with this request.

8. Liability

The Seller's liability arising from all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses shall be determined as follows:

8.1 The Seller shall only be liable without limitation for damage attributable to intentional or grossly negligent conduct. In the event of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence.

An essential contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on.

The Seller shall also be liable as regulated above on the basis of a promise of warranty, unless otherwise regulated in this respect.

This shall also apply to indirect consequential damage such as, in particular, loss of profit and to mandatory liability such as under the Product Liability Act.

8.2 Liability is - except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This shall also apply to indirect consequential damages such as, in particular, loss of profit.

8.3 In all other respects, liability on the part of the Seller is excluded.

8.4 The above liability provisions shall also apply mutatis mutandis in favour of the Seller's employees and vicarious agents.


9. applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. 

The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

10. Place of jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business.
If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the Customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the Seller shall also be entitled to bring an action before the court at the Customer's place of business.

11. Information on online dispute resolution

The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.