AGB
General Terms and Conditions§ 1 Scope and Provider (1) These General Terms and Conditions apply to all orders that you place at the online shop "Biosca", Bodestrasse 30, 39118 Magdeburg, Germany, owner: M.Nitz. Service hotline: on telephone 0391 – 62719875, email: Biosca@Biosca.de (2) The range of goods in our online shop is aimed exclusively at buyers who are over 18 years of age. (3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to. (4) The contract language is exclusively German. (5) You can access and print out the currently valid General Terms and Conditions on the website https://Biosca.de/agb/. § 2 Conclusion of contract (1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding request to order goods in the online shop. (2) By clicking the “Send order” button, you are making a binding purchase offer (§ 145 BGB). (3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded through confirmation of receipt. (4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you - without a prior express declaration of acceptance. (5) As soon as the buyer is a company or other legal entity, the general terms and conditions apply on https://Biosca.biz/agbs/ § 3 Prices The prices stated on the product pages include the statutory VAT and other price components and are plus respective shipping costs. § 4 Terms of Payment; Default (1) Payment can be made either: credit card, Sofortüberweisung, bank transfer, GiroPay, EPS and cash on delivery (€7.90 fee) (2) If you select the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be paid in advance. If the goods are delivered before payment has been received, the invoice amount must be transferred to our account within 10 days of receipt of the goods. (3) If you pay by credit card, the purchase price will be reserved on your credit card at the time of ordering (“authorization”). Your credit card account will actually be charged at the time we ship the goods to you. (4) If you fall behind with a payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter that is sent to you after the default occurs, you will be charged a reminder fee of EUR 2.50, unless lower or higher damage can be proven in the individual case. § 5 Set-off/right of retention (1) You only have the right to set-off if your counterclaim has been legally established, is not disputed or recognized by us or has a close synallagmatic relationship to our claim. (2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship. § 6 Delivery; Retention of title (1) Unless otherwise agreed, the goods will be delivered from our warehouse to the billing address specified by you or, if you specify otherwise, the delivery address. (2) The goods remain our property until the purchase price has been paid in full. (3) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following also applies: – We reserve ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred. – You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. – If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. – We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released. (4) If the buyer refuses to accept our shipment or if additional costs arise for a return shipment due to incorrect address information on the part of the buyer, the buyer will bear the direct costs for the return shipment. § 7 Transport damage (1) If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and please contact us as quickly as possible. (2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company. (3) If transport damage occurs when the goods are returned to us, the buyer is responsible for reporting this to the carrier and ensuring that the costs are covered. § 8 Warranty (1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB). (2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used items is, contrary to the statutory provisions, one year. This limitation does not apply to claims due to damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation). as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents. (3) Otherwise, the statutory provisions apply to the warranty. (4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications: – Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the company manufacturer. – You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded. – In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery (supplementary performance). In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods. – If supplementary performance fails twice, you can choose to demand a reduction or withdraw from the contract. - The warranty period is one year from date of delivery. § 9 Liability (1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from injury to life, body and health of persons due to slight negligence. (2) Otherwise, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents. § 10 Final provisions (1) Should one or more provisions of these General Terms and Conditions be or become ineffective, this will not affect the effectiveness of the remaining provisions. (2) German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). (3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is. Copyright: These general terms and conditions are based on a sample from HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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