1. scope of application
(1) Our General Terms and Conditions apply to all goods and services offered by us, BioPräp, Biologische Präparate Handelsgesellschaft mbH, Industriestrasse 30, 49082 Osnabrück, Germany, (hereinafter referred to as "Provider"), in accordance with the contract concluded between us and the customer.
(2) These General Terms and Conditions apply to consumers according to § 13 BGB (German Civil Code) as well as to entrepreneurs according to § 14 BGB (German Civil Code), insofar as no differentiation is made in individual provisions.
(3) The legal relationship between us and the customer is exclusively subject to these GTC. Deviating regulations or rules of the customer are hereby expressly contradicted. Deviating regulations or rules of the customer shall not apply even if we do not expressly object to them individually.
(4) These GTC can be viewed at any time on the website of the provider or can be requested from the provider.
2. conclusion of contract
(1) If the order is placed via the provider's webshop, the following applies:
(a) The products displayed on the website of the provider represent binding offers for the conclusion of a sales contract.
(b) The conclusion of a purchase contract is concluded when the Customer accepts the Offer of the Provider by clicking on the button "order with costs".
(2) If the order is placed in writing, by fax, e-mail or telephone, the following applies:
(a) The customer's order represents an offer to conclude a purchase contract.
(b) The conclusion of a sales contract is reached when the provider accepts the customer's offer by means of an order confirmation.
(3) After conclusion of the contract, the text of the contract is stored with the provider. The details of the order in the order confirmation are sent to the customer by e-mail.
3. prices, terms of payment
(1) All prices in the provider's webshop already include the statutory value added tax. In addition to the final prices, there are further costs for shipping and handling, depending on the shipping and payment method as well as the place of delivery, which are displayed before the order process is completed.
(2) The customer has only the following payment options:
a. Advance bank transfer
The invoice amount is to be transferred in advance to the bank account indicated on the invoice, which contains all information for the transfer and is sent by e-mail.
b. Payment service provider (PayPal)
c. Instant bank transfer
The Sofortüberweisung is a service of the Sofort GmbH, Theresienhöhe 12, 80339 Munich. With Sofortüberweisung, the user can make payment for the ordered products and services during the ordering process via the online banking of the user's account. After selecting the payment method, the user is forwarded to the payment form of Sofort GmbH. To carry out the Sofortüberweisung, Sofort GmbH requires the following data from the user: Name, IBAN and BIC or bank code and account number, PIN for access to the user's online banking, TAN from the TAN procedure used by the user for his online banking. For the use of the form and the associated service, the data protection guidelines of Sofort GmbH apply, available at: https://www.klarna.com/sofort/datenschutz/.
The invoice is due 14 days after receipt of the goods, unless otherwise stated on the invoice. In case of several individual deliveries, the respective enclosed invoice is due for payment 14 days after receipt of the respective individual delivery, unless otherwise stated on the invoice.
(3) No other payment methods are offered and will be rejected.
(4) The statutory provisions regarding the consequences of default of payment shall apply.
(5) The customer is only entitled to offsetting rights if his counterclaims are legally established, undisputed, acknowledged by the provider or synallagmatically linked to the provider's main claim. If the customer is an entrepreneur, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
4. terms of delivery, terms of performance, default of acceptance
(1) Goods shall be delivered by dispatch to the delivery address indicated by the Buyer, unless otherwise agreed. If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover, in the case of shipment upon delivery of the goods to the selected service provider for this purpose.
(2) The goods will be shipped immediately after receipt of payment, in case of a purchase on account immediately after receipt of the order. On average, the goods will be shipped no later than 3 days after receipt. The standard delivery time is 5 days, unless otherwise stated in the item description. For custom-made products (e.g. individual recipes) the delivery time agreed upon separately in the contract is decisive.
(3) If delivery periods have been specified by the supplier or have been made the basis for the conclusion of the contract, such periods shall be extended in the event of strikes and cases of force majeure for the duration of the delay. The same shall apply if the Customer fails to fulfil any obligations to cooperate. The Provider shall ship the order from its own warehouse as soon as the entire order is in stock there. If the offerer does not have to represent a durable delivery obstacle, in particular higher force or Nichtbelieferung by own suppliers, although in time an appropriate covering transaction was made, then the offerer has the right to withdraw to that extent from a contract with the customer. The customer will be informed immediately and received services, especially payments, will be refunded.
5. reservation of title and other reservations
In the case of contracts with consumers, the supplier reserves the right of ownership of the object of purchase until the purchase price has been paid in full. If the customer is an entrepreneur, the ownership of the goods is reserved until all claims against the customer have been settled, even if the specific goods have already been paid.
6. right of withdrawal
Express reference is made to the separate cancellation policy for consumers.
7. transport damage
If goods with obvious transport damages are delivered, this should be reported to the deliverer immediately. The customer should contact us immediately. A violation of this obligation has no consequences whatsoever for the customer's legal claims and their enforcement, especially with regard to warranty rights. However, claims against the carrier or the transport insurance can be secured by contacting and reporting damage to the supplier without delay.
8. product quality - warranty - limitation period
(1) We shall be liable for defects in accordance with the statutory provisions insofar as no restrictions result from the following.
(2) If the customer is an entrepreneur, warranty rights can only be asserted if the customer has duly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code).
(3) The limitation period for claims for defects in the case of delivery of new goods is two years, in the case of delivery of used goods one year. The period begins with the transfer of risk. This shall not apply to claims for damages due to defects. If the customer is an entrepreneur, the warranty period for all goods is limited to one year.
(4) The customer does not receive guarantees in the legal sense from the supplier.
9. disclaimer of liability
(1) The liability of the provider for contractual breaches of duty as well as for tort is limited to intent and gross negligence. This shall not apply in the case of injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective, as well as compensation for damages caused by delay (§ 286 BGB). In this respect, the provider is liable for any degree of fault. In the case of a slightly negligent violation of essential contractual obligations, the Provider shall only be liable for typical and foreseeable damages.
(2) Insofar as liability for damages against the Provider is excluded or limited, this shall also apply with regard to the personal liability for damages of the employees, workers, staff, representatives and vicarious agents of the Provider.
10. final provisions
(1) The law of the Federal Republic of Germany shall apply to this contract. This shall not apply if special consumer protection regulations in the customer's home country are more favourable (Art. 6 of Regulation (EC) No. 593/2008).
(2) The statutory provisions on the places of jurisdiction shall remain unaffected, unless the special provision in paragraph (3) provides otherwise.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the location of the provider's registered office. However, the provider is also entitled to sue the customer at the court of his place of residence. In the case of a contract with a consumer, the place of jurisdiction is the registered office of the provider if the customer moves his residence or usual place of abode outside the area of application of the Federal Republic of Germany after conclusion of the contract. This also applies if the customer's place of residence or habitual abode is not known at the time the action is filed.
11. dispute resolution; implementation of the ODR Directive
(1) Online dispute resolution in accordance with Art. 14 para. 1 ODRVO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/ The e-mail address is [email protected].
(2) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.