General Terms and Conditions of Business
- Scope
- Contract partner
- Offer and conclusion of contract
- Right of withdrawal, right of cancellation, consequences of cancellation
- Prices and shipping costs
- Delivery
- Payment
- Retention of ownership
- Guarantee
- 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 am to 5 pm by phone on +49 (231) 9767301, by fax on +49 (231) 9767302 or by email at .
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
Right of cancellation
Right of cancellation
You may revoke your declaration of intent in writing (eg letter, fax, e-mail) within two weeks
without giving any reason or by returning the goods before the deadline. The period begins upon
receipt of this instruction in text form, but not before receipt of the goods by the consignee
(in the case of the recurring delivery of similar goods not before the receipt of the first partial
delivery) and also not before fulfillment of our information requirements pursuant to § 312c para
2 BGB in conjunction with § 1, 2 and 4 BGB-InfoV as well as our obligations pursuant to § 312e para.
1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. The timely dispatch of the revocation or of the
goods is sufficient to ensure the revocation period. The revocation must be sent to:
biviax GmbH & Co KG
Hagener Str. 428
D-44229 Dortmund
Germany
Fax: 0231 / 97 673 02
E-Mail:
Consequences of cancellation
In the case of an effective revocation, the services received at both ends must be returned
and any benefits (eg interest) taken. If you are unable to return the received performance in
whole or in part or in a deteriorated condition, you may have to provide us with a declaratory
sentence. This does not apply to the transfer of goods if the deterioration of the goods is
exclusively due to their examination - as it would have been possible for you in the store
business, for example. In addition, you can avoid the obligation to pay for a deterioration
caused by the intended use of the goods, by not using the goods as your property and by omitting
anything that might impair their value. Transportable items are to be returned at our risk.
You have to bear the costs of the return if the delivered goods corresponds to the ordered and if
the price of the returned item does not exceed an amount of 40 euros or if you at a higher
price of the thing at the time of the revocation not yet the consideration or a contract Agreed
payment. Otherwise, the return is free for you. Non-package items will be collected from you.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you
with the sending of your declaration of revocation or the thing, for us with 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.
In the case of cash on delivery, the delivering agent will collect an additional fee of 9.50€. Further taxes or costs do not apply.
Shipping costs for deliveries as a DHL parcel via UPS within Germany are 6.10€.
Shipping costs for deliveries in neighbouring EU countries start at 17.00€.
Free delivery applies from an order value of 50.00€ 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. Shipments can also be sent to delivery addresses outside the EU by agreement. 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 a case, you are free to wait for the ordered product or to cancel your order. In the event of cancellation, any consideration already paid may be reimbursed immediately.
7.
Payment
7.1
For customers from Germany, payment can be made by bank transfer, SEPA direct debit, credit card, cash on delivery or PayPal. Customers from other countries can pay by bank transfer, credit card or PayPal.
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€ 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 can only execute a right of retention if the claims result 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 .
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 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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