TERMS AND CONDITIONS
1. Scope of application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur 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.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with BIOvative GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Delivery conditions
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.
5. Payment
The following payment methods are available in our shop:
Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the order process.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland (‘Google’), you must be registered with Google, have activated the Google Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA (‘Apple’), you must use the ‘Safari’ browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.
Giropay / Paydirekt
In co-operation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M. (‘giropay’ or ‘paydirekt’) we offer the payment methods giropay and paydirekt.
Giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.
Paydirekt
In order to be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimise yourself with your access data and confirm the payment instruction.
Amazon Pay
In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg (‘Amazon’), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be carried out within one bank business day of placing the order. A bank business day is any working day with the exception of Saturdays, national public holidays and 24 and 31 December of each year. Further information can be found in the order process.
Klarna
In co-operation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (‘Klarna’), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice.
Klarna Credit Card
You enter your credit card details during the ordering process. Your card will be debited by Klarna immediately after placing the order. There is no address or credit check.
Klarna Direct Debit
You issue Klarna with a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). The account will be debited after the goods have been dispatched.
Purchase in instalments via Klarna
You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The minimum instalment is 6.95 euros.
6. Right of Cancellation
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.
7. Retention of title
The goods remain our property until full payment has been received.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport Damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise responsible for carrying out the shipment.
9. Warranty and guarantees
9.1 Liability for defects
The statutory liability for defects shall apply.
9.2 Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability
We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the case of guarantee promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.