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General Terms and Conditions of Business

  1.  Scope
  2.  Contract partner
  3.  Offer and conclusion of contract
  4.  Right of withdrawal, right of cancellation, consequences of cancellation
  5.  Prices and shipping costs
  6.  Delivery
  7.  Payment
  8.  Retention of ownership
  9.  Guarantee
  10.  Further information

1. Scope

These General Terms and Conditions of Business (T&Cs) apply to all deliveries from biviax online Shop to consumers (§13 BGB (Bürgerliches Gesetzbuch - German Civil Code)).


2. Contract partner

The purchase contract is concluded with: biviax GmbH & Co KG, Hagener Str. 428, D – 44229 Dortmund, represented by its Managing Director Dipl.Ing. Ingo Kumbrink. You can contact us on weekdays from 8 a.m. to 5 p.m. by telephone on +49 (231) 9767301, by fax on +49 (231) 9767302 or by email at ed.xaivib@troppus.


3. Offer and conclusion of contract

3.1 The depictions of the products in the online shop do not represent a legally binding offer, rather they are an invitation to order. All offers are "subject to the availability of stocks" unless otherwise indicated for the products. Errors and omissions excepted.

3.2 By entering your personal data and clicking on the "Place Order" button in the final step of the order process, you are placing a binding order for items contained in your basket. Immediately after your order has been transmitted, you will receive an order confirmation from us, representing the conclusion of the purchase contract. If the email order confirmation cannot be delivered, the contract will be concluded upon delivery of the goods.


4. Right of withdrawal

4.1 Consumers (§ 13 BGB) have a statutory right of withdrawal.

Right of cancellation
Right of withdrawal
You can withdraw your contractual acceptance within two weeks in writing (e.g. by letter, fax, email), without stating reasons, or - if the item is delivered to you before this deadline - by returning the item. The deadline starts after receipt of this instruction in writing, however not before receipt of the goods by the recipient (in the case of repeat delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our information duties according to §312c, para. 2 BGB in conjunction with §1 para. 1, 2 and 4 BGB-InfoV, as well as our duties according to §312e para. 1 sentence 1 BGB in conjunction with §3 BGB-InfoV. The timely sending of the withdrawal or the item is sufficient for observance of the withdrawal deadline. The withdrawal must be sent to:
     biviax GmbH & Co KG
     Hagener Str. 428
     D-44229 Dortmund
     Germany
     Fax: 0231 / 97 673 02
     E-Mail: ed.xaivib@troppus

Consequences of cancellation
In the case of effective cancellation, the services received by both parties must be refunded and, if applicable, any derived benefits reimbursed (e.g. interest). If you cannot return to us the service received in full or in part, or only in a degraded condition, you must provide us with compensation for any deterioration in value so far as applicable. On delivery of items, this does not apply if the deterioration in the item is due solely to its inspection – similar to the kind it would have been possible for you to carry out in a retail store. You can also avoid the obligation to provide compensation for deterioration in value resulting from usage of the item for its intended purpose by not using the item as your property and refraining from any action which impairs its value. Items that can be sent as parcels must be sent back at our risk. You are responsible for the costs of the return shipment if the goods delivered correspond to those ordered and if the price of the item to be sent back does not exceed an amount of 40 euros, or a higher price of the item if you have not yet provided the counter service or a contractually agreed partial payment at the time of the cancellation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent as parcels will be collected from you. Obligations for reimbursement of payments must be fulfilled within 30 days. For you, this deadline starts from the sending of your withdrawal declaration or the item. For us, it begins upon their receipt.
End of right of cancellation


5. Prices and shipping costs

5.1 The prices stated on the product pages include statutory VAT and other pricing components.
5.2 In addition to the quoted prices, we calculate shipping costs for the delivery. The shipping costs are clearly indicated on the product pages, in the basket system and once again on the order page.
5.3 In the case of cash on delivery, the delivering agent will collect an additional fee of 9.50 euros. No additional taxes or costs are incurred.

Shipping costs for deliveries as DHL postal packages or via UPS within Germany are 6.10 euros.
Shipping costs for deliveries in neighbouring EU countries start at 17.00 euros.

Free delivery applies from an order value of 50.00 euros for orders and deliveries within Germany.


6. Delivery

6.1 Deliveries are made worldwide. In the case of deliveries within the EU, the prices stated in Paragraph 5. "Prices and shipping costs" apply. By agreement, shipments can also be sent to delivery addresses outside the EU. Our service partners are DHL and UPS.

6.2 The shipment will usually take up to 2 business days. Information about different delivery periods is indicated on the relevant product page.

6.3 If we cannot deliver the product ordered on time due to a delay in delivery from our suppliers, we will inform you immediately. In such case, you are free to wait for the ordered product or to cancel your order. In the case of cancellation, any counter services already provided will be immediately reimbursed.


7. Payment

7.1 For customers from Germany, payment can be made by bank transfer, SEPA direct debit, credit card or cash on delivery. Customers from other countries can pay by bank transfer or credit card.


Payment by Direct Debit (SEPA Direct Debit))
In the case of payments made by direct debit, the amount will be debited at the earliest seven days after despatch of the goods or creation of the invoice. The pre-notification period will be reduced to seven days. Granting of a direct debit mandate is possible only for accounts with German banks. If fees are charged by the banks, we reserve the right to invoice these amounts. This applies in particular to any return debit notes that we have not authorised. We will charge a processing fee of at least 5.50 euros for each return debit note.


7.2 If you choose the bank transfer payment method, we will provide our bank details in the order confirmation and deliver the goods after receipt of your payment.


7.3 You have a right to offset amounts only if your counterclaims have been legally and judicially established or recognised by us in writing.


7.4 You may exercise a right of retention only where the claims originate from the same contractual relationship.


8. Retention of ownership

The goods shall remain our property until receipt of payment in full.


9. Guarantee

The guarantee is granted according to statutory provisions. For all defects occurring during the statutory warranty period of two years from delivery, you have a statutory right to supplementary performance (either, at your discretion: rectification of the defects or a new delivery) and - in the presence of legal requirements - the statutory right to a reduction in price or withdrawal from the contract, as well as to compensation for damages. You must grant us a total of two rectification attempts. If your requested method of supplementary performance is possible only with disproportionate costs, your claim shall be restricted to the other method of supplementary performance.


10. Further information

Order process
Once you have found your chosen product, you can place it in your basket with no obligation by clicking on the "Add to cart" button. You can view the content of your basket at any time, again with no obligation, by clicking on the "Basket" button. You can remove products from your basket at any time by selecting the "Delete" field and then pressing the "Update" button. If you would like to buy the products in your basket, click on the "Go to checkout" button. You will then be prompted to enter your details in a new window. Mandatory entries are indicated with a *. Registration is not required. Your data will be encrypted for transmission. After entering your data, please check your entries again on the "Order summary" page. Clicking on the "Order" button completes the order process. You can cancel the process at any time by closing the browser window. Further information is provided on the individual pages, for example details of correction options.

Contract text
The contract text is stored on our internal systems. You can view the General Terms and Conditions (T&Cs) at any time on this page. The order data will be sent to you by email. You can open the T&Cs at any time by clicking on a link in the order confirmation. On completion of the order, for security reasons, you will no longer be able to access the contract text online.

Data privacy information
We use the information you provide solely for the purpose of fulfilling and processing your order. When you register for the newsletter, your name and your email address will be used, with your consent, for our own advertising purposes until you unsubscribe from the newsletter. To process payments, where applicable, we will forward your payment details to our company's bank. Once processing of the contract is complete and the purchase price has been paid in full, your data will be blocked for further use and deleted after the expiry of fiscal and commercial law provisions.

The party responsible for data processing is Mr. Dipl.Ing. Ingo Kumbrink, biviax GmbH & Co KG, Hagener Str. 428, D - 44229 Dortmund, phone +49 (231) 9767301, fax +49 (231) 9767302, email ed.xaivib@troppus.

We save and process all customer data with due regard for the relevant provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG) and the German Telemedia Act (Telemediengesetz - TMG). You have the right, at any time and free of charge, to request details of your stored data, to correct, block or, if required, delete this data. Please contact ed.xaivib@troppus by email or send your request to us by post or fax.

We will not forward your personal data, including your address and email address, to third parties. This excludes our service partners who require the transmission of data in order to process orders (e.g. the shipping company appointed to deliver the goods and the bank commissioned to handle payments). However, in these cases, the data transmitted will be restricted to the minimum required. Your personal data will be encrypted using SSL and S/MIME for transmission over the Internet. We use technical and organisational security measures to protect your managed data from accidental or deliberate manipulations, loss, destruction or access by unauthorised persons.

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