General Terms and Conditions

General Terms and Conditions of Business of bio pin Vertriebs-GmbH - Sector E-Commerce

§ 1 Area of Application
All services performed for our customers are exclusively carried out on the basis of the General Terms and Conditions of Business set out below. By placing an order the customer agrees to these terms.

§ 2 Customer’s Duty of Notification
(1) The customer undertakes only to issue truthful information upon logging in. The customer undertakes to inform us immediately, or at least prior to his next order, of all changes to such data that may be relevant to our business relationship (e.g. name, address, e-mail address, consumer attributes). In the event of wrong data having been submitted to us, we shall be entitled to withdraw from any contracts already concluded and to block this customer from our on-line shop.
(2) The customer warrants that the e-mail address given by him is actually accessible. In the event of the receipt of e-mails being impeded due to transmissions, suspension or congestion of an account, all rights in accordance with sec. (1) shall apply.
(3) Immediately upon submission of an order, the customer shall receive confirmation of receipt by e-mail from us. The customer undertakes to notify us immediately if he does not receive such confirmation promptly.
(4) The customer shall be issued a password which will allow him to access our on-line shop. He undertakes to treat this password confidentially and not to allow any third parties access to it. We shall not be held liable for any abuse of the password if this has been caused by the customer.

§ 3 Conclusion of the Contract
Our offers on the internet constitute non-binding invitations to the customer to place an order. By placing an order he makes a binding offer. We are entitled to accept this offer by sending an order confirmation. Orders are confirmed through transmission of an e-mail. Only upon this acceptance of the offer does the customer have a claim to the delivery of the goods.

§ 4 Revocation Instructions in accordance with § 355 BGB (German Civil Code)
Customers can cancel orders within two weeks either in writing (e.g. letter, fax, e-mail) or through return of the goods, without stating a reason. The period commences at the earliest upon receipt of these instructions. In the case of a consignment being delivered, however, it only commences upon arrival of the goods at the recipient’s premises. The cancellation period is deemed to have been observed if either the cancellation or the goods have been sent to us in time. Cancellations shall be sent to:
bio pin Vertriebs-GmbH
Linumweg 1-8
D-26441 Jever - Germany
Tel.: +49 (0)4461-75750
Fax: +49 (0)4461-757510
E-Mail: info@biopin.de


§ 5 Consequences of Revocation
In the event of an effective revocation, all services performed and any use being drawn shall be mutually returned. If the service performed cannot be returned at all or only partially or only in a worse condition, the customer may have to compensate us for lost value. This does not apply if goods have been left to the customer and if the deterioration of the goods is solely related to its inspection – such as would be possible in a shop or store. Compensation for lost value can generally be avoided if the customer does not use the goods as if they were his property and if he omits to do anything that could have an adverse effect on its value. Goods that can be returned in a parcel have to be returned. The customer shall bear the costs of returning the goods if the goods supplied are identical with the goods ordered and if the price of the goods returned is below a value of €40.00, or if the price is above €40.00, in absence of consideration or of the contractually agreed instalment at the time of the cancellation. In all other cases the return of goods is free of charge to you. Goods that cannot be sent in a parcel shall be collected from your premises. All obligations for reimbursement of payments must be complied with within 30 days of sending your notification of cancellation.

§ 6 Prices
(1) Prices stated for our goods are to be understood as final prices including all relevant VAT and other integral price elements. Prices do not include dispatch and shipping charges.
(2) Up-dating of our internet pages renders all earlier prices and other information issued invalid.
(3) Invoices are based on the prices that were valid at the time the customer made his offer.

§ 7 Payment, Maturity, Default of Payment
(1) The goods may either be paid for by advance payment, cash on delivery, by credit card or by automatic debit transfer. Payment by cash on delivery is only possible for deliveries within Germany. We retain the right to accept or deny certain forms of payment in individual cases.
(2) In the case of advance payment, the customer undertakes to pay the purchase price immediately upon conclusion of the contract. In the case of cash on delivery, the customer undertakes to pay the purchase price upon delivery of the goods. In the case of payment by automatic debit transfer, the purchase price shall be debited within one week upon completion of the contract. In the case of payment by credit card, the purchase price is debited upon dispatch of the goods.
(3) If the customer is in default of payment he shall be liable for all cases of negligence during this period of time. He shall also be liable for any cases of bad luck concerning the goods unless the damage would also have occurred if the payment had been performed in time.
(4) In the case of default of payment, interest shall be charged on the purchase price. The default interest rate shall be 5 percent above the base rate per annum. In the case of legal transactions that do not involve a consumer, the interest rate shall be eight percent above the base rate per annum.
(5) The enforceability of further damage is not excluded.

§ 8 Delivery of Goods
(1) Delivery is made by sending the goods to the address stated by the customer. If advance payment has been agreed, the time of delivery is generally 2-3 working days after receipt of the purchase price. In all other cases, the time of delivery is generally 2-3 working days after dispatch of the order confirmation. These particulars are not binding, unless otherwise agreed upon.
(2) Delivery is made against the packaging and dispatch costs stated on the internet. In the case of deliveries to foreign countries, the price for packaging and dispatch is charged separately, unless otherwise agreed upon. Should the customer request a special type of dispatch that increases the costs, he shall bear these extra costs.

§ 9 Withdrawal
(1) We are entitled to withdraw from the contract, also with regard to a part of the delivery or service that has not yet been effected, if false information about the creditworthiness of the customer has been given, or if objective reasons with regard to the customer's ability to pay have arisen and if he, upon our demand, neither makes an advance payment nor produces suitable security prior to the delivery, or if insolvency proceedings have been instituted on the customer's assets, or if an application for the initiation of insolvency proceedings is rejected for lack of cost-covering assets.
(2) Irrespective of our claims for damages, in the case of a partial withdrawal any partial services already rendered shall be settled and paid for in accordance with the contract.

§ 10 Retention of Title
The goods remain our property until full payment has been made. Pawning, transfer by way of security, processing or transfiguration of the goods prior to the transfer of ownership are not allowed without our explicit consent.

§ 11 Warranty
(1) The warranty period is two years. In the case of legal transactions that do not involve a consumer, the warranty period shall be one year.
(2) Should the goods be defective, the customer has the right to choose whether he wishes the deficiency to be rectified or whether goods free of defects should be sent in place of the defective goods. We have the right to refuse the customer's choice of replacement, irrespective of § 275 sects. 2 and 3 BGB, if the customer's choice of replacement incurred disproportionate costs. In this case, special consideration should be taken of the value of the goods when free of defects, the significance of the deficiency and the question as to whether the other type of replacement could be resorted to without disadvantaging the customer to a considerable extent. In this case, the customer's entitlement applies to the other type of replacement; our right to also refuse this under the requirements of clause 1 remains unaffected.
(3) If the purchase is a commercial transaction for both parties involved, the customer shall inspect the goods immediately after delivery, insofar as this is feasible in the orderly course of business. If a deficiency is revealed within this inspection, he shall inform us of this immediately. Should the customer refrain from notification, the goods are deemed to have been accepted, unless it involves a deficiency that was indiscernible at the time of the inspection. Should a deficiency become apparent at a later date, notification shall be made immediately after its discovery; otherwise the goods are deemed to have been approved, even in respect of this deficiency. These provisions do not apply if the deficiency has been fraudulently concealed. To assert his rights the customer need only send the notification in good time.
(4) If for the purpose of replacement we deliver goods free of defects, we are entitled to demand the return of the faulty goods by the customer under the requirements of §§ 346 to 348 BGB.
(5) Damage occurring due to measures implemented by the customer that are improper or contrary to the contract, e.g. regarding use or storage, does not constitute a claim against us.

§ 12 Limitation of Liability
(1) We are only liable for any other occurring damage, apart from injury to life, body and health, if this damage is based on intentional or grossly negligent actions or on the negligent violation of a fundamental contractual obligation by us or our vicarious agents. Any other claims are excluded. The provisions of the Product Liability Act remain unaffected.
(2) In accordance with the current state of technology, it cannot be guaranteed that the communication of data via the internet is error-free and/or always available. For this reason, we do not accept liability for the constant availability of our internet shop.

§ 13 Data Protection
Within the meaning of the Data Protection Act, we are entitled to store and process any data about the customer gained in connection with the business relationship, regardless of whether they originate from the customer himself or from third parties, as long as the data are required for the business relationship. Barring the statutory or official duty of notification, the data shall only be passed on to third parties with the customer's consent.

§ 14 Place of Jurisdiction and Choice of Law
Any disputes arising from this legal relationship shall be subject to the law of the Federal Republic of Germany. Application of the UN Sales Convention is excluded. If the parties to this agreement are business people, the place of jurisdiction shall be our principle place of business in Jever unless a specific place of jurisdiction has to be used for the dispute.

§ 15 Severability Clause
In the event of any parts of this agreement, its supplements or amendments being invalid for any reason whatsoever, or becoming invalid, this does not bear any effect on the rest of these terms and conditions.