1.1. These General Terms and Conditions (hereinafter “GTC”) of BioMaderas GmbH (hereinafter "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the seller in his onlineShop goods and/or services shown. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2. These General Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly regulated otherwise.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of Contract
2.1. The onlineShop The product descriptions contained by the seller do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2. The customer can use the offer in the onlineShop submit the seller's integrated online order form. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process . Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.
2.3. The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer's receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.5. When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the onlineShop of the seller has created.
2.6. Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7. Only the German language is available for the conclusion of the contract.
2.8. The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3.1. In principle, consumers are entitled to a right of withdrawal.
3.2. Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4. prices and payment conditions
4.1. Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2. For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3. Various payment options are available to the customer, which can be found in the onlineShop specified by the seller.
4.4. If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
4.6. If you select the payment method purchase on account via BillSAFE, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter “PayPal”) as the operator of the BillSAFE payment service. The purchase on account payment method requires a successful credit check by PayPal. If the customer is allowed to pay on account after checking the creditworthiness, the payment is processed in cooperation with PayPal, to which the provider assigns his payment claim. In this case, the customer can only pay to PayPal with a debt-discharging effect. Even if the purchase on account payment method is selected via BillSAFE, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes. Otherwise, the general terms and conditions of BillSAFE, which the customer can call up and must confirm during the ordering process, apply in this respect. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the onlineShop indicate a corresponding payment restriction.
5. Shipping Conditions
5.1. Goods are delivered to the delivery address specified by the customer, unless otherwise agreed.
5.2. Goods that are delivered by a forwarding agent are usually delivered “free curb”, i.e. to the public curb closest to the delivery address, provided that the shipping information in the onlineShop of the seller and unless otherwise agreed. If longer decking boards are shipped by a freight forwarder, the recipient will unload them.
5.3. If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable amount of time in advance.
5.4. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.
5.5. The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6. In the case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.
5.7. Vouchers are left to the customer by email.
6. Retention of Title
6.1. In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
6.2. In relation to entrepreneurs, the seller reserves title to the delivered goods until all claims from an ongoing business relationship have been settled in full.
6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.
7. Liability for defects (warranty)
If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:
7.1. For entrepreneurs
If an insignificant defect does not justify any claims for defects, the seller has the choice of the type of subsequent performance. If the statute of limitations for defects is one year from the transfer of risk for new goods, the rights and claims for defects are generally excluded for used goods.
7.2. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
7.3. The liability limitations and reductions in the limitation period set out above do not apply to items that have not been used in accordance with their normal purpose for a building and have caused its defectiveness for damage resulting from injury to life, limb or health, which is based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller for other damages that are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as for the case that the seller has fraudulently concealed the defect
7.4. In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
7.5. If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
8.1. The seller is fully liable for any legal reason in the event of intent or gross negligence in the event of intentional or negligent injury to life, limb or health
on the basis of a guarantee promise, unless otherwise regulated in this regard, due to mandatory liability such as under the Product Liability Act
8.2. If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above paragraph. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
8.3. Incidentally, a liability of the seller is excluded.
8.4. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9. Redemption of action vouchers
9.1. Vouchers that are issued free of charge by the seller as part of advertising campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be used onlineShop of the seller and can only be redeemed in the specified period.
9.2. Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
9.3. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4. Only one promotional voucher can be redeemed per order.
9.5. The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7. The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
9.8. The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.9. The promotional voucher is transferrable. The seller can, with discharging effect, contact the respective owner who used the promotional voucher in the onlineShop of the seller redeems. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
10. Applicable law
10.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
10.2. Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
12. Information about online dispute resolution
12.1. The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Information about the identity of the seller
Managing partners: Catherine Körting, Christian Körting, Philip Jaeger
Rathenower Strasse 30
Phone: +49 (0) 30 22 45 58 93
Fax: + 49 32 121 30 33 42
E-Mail: info @biomaderas.com
Commercial Register Commercial Register Berlin-Charlottenburg HRB 126186 B
VAT number: DE272236901