Address: BIOSLAVA GbR Holzhof 10 76768 Berg DE-Germany E-Mail: info@Bioslava.de ________________________________________
Status:01.01.2024 General Terms and Conditions of BIOSLAVA GbR*
* except for special or additional terms and conditions for client / server software and websites, which are agreed separately. 1 Orders / and membership orders 2 Delivery 3 Transport risk 4 Quality agreement without guarantee 5 Warranty, obligation to examine 6 Damages and limitation of liability 7 Retention of title 8 Prices / offers
9 Payment 10 Late payment 11 Right of return 12 Delivery addresses 13 Place of performance and jurisdiction 1 Orders Orders are accepted by BIOSLAVA GbR by sending an order confirmation, an invoice or the goods. By accepting a delivery, the buyer agrees to the delivery and payment conditions of BIOSLAVA GbR. We cannot accept counter-conditions. This also applies if BIOSLAVA GbR does not expressly object. The same applies to consenting to membership and ordering from the member area. The membership fee is charged once a year and is equivalent to an order. Only those who have paid the annual fee are members. Only then is the "new member" granted the rights. 2 Delivery Books, magazines, websites and software and other products are only delivered with a fixed invoice and at the buyer's expense and risk from the shipping location specified by BIOSLAVA GbR. Deviating agreements require the written confirmation of the person responsible. BIOSLAVA GbR reserves the right to deliver against advance payment. Delivery dates are only binding if they have been confirmed in writing by the publisher. This also applies to the member area and the resulting orders and deliveries. 3 Transport risk The transport risk is transferred to the buyer when we send the goods, even if loss or deterioration is due to chance or force majeure. We will not provide compensation for shipments lost or damaged in transit. In order to protect his interests, the buyer must therefore report the damage to the relevant authorities within the deadlines set by the post office, shipping company or railway. 4 Quality agreement without guarantee 4.1 BIOSLAVA GbR guarantees that the delivery item has the agreed quality at the time of handover to the transport service provider. This is determined exclusively by the specific agreements made between the parties regarding the properties, characteristics and performance characteristics of the goods. 4.2 It is not in the interest of BIOSLAVA GbR - and this contract is not designed to do so - to assume a liability (guarantee) for the quality of the delivery item towards the buyer that goes beyond the quality agreement according to section 4.1. 4.3 In accordance with section 4.2, information in catalogues, price lists and other information material provided to the buyer by us are under no circumstances to be understood as such guarantees for a particular quality of the delivery item. 5 Warranty, obligation to inspect 5.1 The buyer only has a warranty claim against BIOSLAVA GbR if he checks the delivery item after delivery and informs us of any defects immediately, but no later than two weeks after delivery, in writing; hidden defects must be reported in writing immediately after they are discovered. 5.2 Defects in only part of the delivered goods do not entitle the customer to withdraw from the contract, unless the partial delivery is of no interest to the customer. The same applies to the customer's claim for damages instead of the entire service. 5.3 BIOSLAVA GbR will remedy defects that are subject to warranty either by remedying the defect free of charge for the buyer or by supplying a replacement part or the entire delivery item that is free of defects. 5.4 If BIOSLAVA GbR seriously and definitively refuses to fulfil the contract or if the remedy of the defect or the replacement delivery fails, if it is unreasonable for the buyer or if BIOSLAVA GbR has refused it in accordance with Section 439 Paragraph 3 of the German Civil Code (BGB) due to disproportionate costs, the buyer can, at his discretion and in accordance with the statutory provisions, withdraw from the contract, reduce the purchase price or, if applicable, demand reimbursement of his expenses (limited to the amount of the retail price of the item, excluding membership fees). Members are excluded from this, as they already receive a reduced amount (special price). 5.5 The limitation period for the warranty claim for the delivery item is 12 months from the time of delivery to the buyer. 6 Damages and limitation of liability 6.1.1 BIOSLAVA GbR is not liable for deliveries and products from other publishers and products, only for books that are directly from the publisher. 6.1.2 BIOSLAVA GbR is liable according to the generally applicable legal rules of the Federal Republic of Germany, provided that these are not grossly negligent and unless section 6.2 provides otherwise. 6.2 In exceptional cases, BIOSLAVA GbR is liable a) limited to the amount of the foreseeable damage typical for the contract for the slightly negligent breach of essential obligations from the contractual relationship; otherwise b) not at all for the slightly negligent breach of immaterial obligations from the contractual relationship. 6.3 This applies to all claims for damages, regardless of the legal basis, in particular also for liability due to unlawful acts. 6.4 The buyer is obliged to take appropriate measures to prevent and reduce damage. BIOSLAVA GbR cannot be held liable for statements regarding the content of the goods. 6.5 Compensation can only be granted in the amount of the retail price of the goods if this exists according to clauses 6.1, 6.2. The buyer automatically agrees to point 6 in full upon purchase. 7 Retention of title 7.1 Our deliveries are subject to retention of title in accordance with Section 449 of the German Civil Code (BGB). The delivered goods remain the property of BIOSLAVA GbR until all existing main and secondary claims from previous and future deliveries have been paid in full. 7.2 In the event of resale, the buyer must reserve the conditional ownership of the goods to which he is entitled vis-à-vis his buyers until they have paid the purchase price in full. 7.3 The buyer hereby assigns all of the buyer's claims from the resale of the reserved goods to the publisher as security. The publisher accepts this assignment. 7.4 If the buyer includes the claims arising from the resale of the reserved goods in a current account relationship with a third party, the respective recognized periodic balance is deemed to have been assigned to us after the individual current account claims have been settled. The same applies to the final balance arising upon termination of the current account relationship if the periodic balance is itself placed in the current account. BIOSLAVA GbR hereby accepts this assignment as well. If BIOSLAVA GbR claims are included in a current account relationship with the buyer, the agreed retention of title applies as security for BIOSLAVA GbR's balance claims. The buyer is obliged to immediately inform BIOSLAVA GbR of any third-party access to the reserved goods or the claim from resale. BIOSLAVA GbR is entitled to disclose the assignments and to collect the claims itself. After full payment of all claims against BIOSLAVA GbR from the business relationship, ownership of the reserved goods passes to the buyer without further ado. 8 Prices / Offers 8.1 All orders are processed at the prices that are valid when the order is received by BIOSLAVA GbR. 8.2 The buyer undertakes to comply with all price fixings made by the publisher for price-controlled publishing products. Intermediaries must oblige their customers accordingly. In the event of violations, BIOSLAVA GbR is entitled to stop further deliveries. If BIOSLAVA GbR has doubts that the fixed retail prices will be adhered to, it is entitled to not accept the order and refrain from delivery. 8.3 BIOSLAVA GbR publications, CDs and DVDs, as well as software and hardware, are not subject to price fixing. Non-binding recommended prices are given for them. The prices stated on the invoice are binding. If BIOSLAVA GbR has announced price changes before the order is received, the new prices apply. 8.4 Shipping costs will be invoiced additionally. 8.5 Our usual discount scales apply.
8.6 Offers
The offers do not include additional costs such as support and support contracts, as well as server and domain or license costs. Follow-up costs for development and updates of the software are also not included in the offer.
9 Payment Payment is due upon receipt of the invoice or online confirmation, unless otherwise agreed. Payments in foreign currencies are accepted taking into account the current exchange rate. Cash discounts are not granted. Checks are not accepted. Payment is only deemed to have been made after the amount has been credited without reservation. Bank fees and charges are to be paid directly by the buyer. 10 Default in payment In the event of default in payment, all of BIOSLAVA GbR's outstanding claims at the time of default are immediately due. We are entitled to withdraw from the contract if the buyer defaults on payment. BIOSLAVA GbR can charge default interest at the statutory rate on the total claim from the time of default. The assertion of further damages caused by default remains unaffected. BIOSLAVA GbR is entitled to exclude a defaulting buyer from further deliveries and to terminate existing business relationships for other reasons that are important to him. 11 Right of return There is no right of return. No returns will be accepted without the written consent of BIOSLAVA GbR. The buyer bears all costs and the risk of the return. In the case of returns, BIOSLAVA GbR reserves the right to charge an appropriate processing fee or a penalty for damaged goods. 12 Delivery addresses The publisher undertakes to use this information only for internal publishing purposes, in compliance with data protection regulations. 13 Place of performance and jurisdiction The place of performance for all payment obligations of the buyer is the headquarters of BIOSLAVA GbR. The place of jurisdiction for both parties is the local court responsible for the headquarters of BIOSLAVA GbR. ________________________________________ Cancellation policy Right of cancellation according to Article 246a § 1 Paragraph 2 Sentence 1 2 EGBGB You have the right to cancel this contract within 14 days without giving any reason. The cancellation period begins fourteen days from the day - on which you or a third party other than the carrier designated by you takes possession of the goods. - on which you or a third party other than the carrier designated by you takes possession of the last goods as part of a single order and which were delivered separately. - on which you or a third party other than the carrier designated by you takes possession of the last partial shipment or the last item. To exercise your right of cancellation, you must notify us Bioslava GbR Holzhof 10 76768 Berg Mail: info@bioslava.de - by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the template cancellation form provided for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period has expired. The following are excluded from return (for Plantafit Plantabell): 1. Food supplements and foods that are no longer sealed. Nutritional products can only be returned if they are in their original packaging, closed and sealed. Otherwise, they are no longer marketable for reasons of health protection or hygiene. 2. Goods that must be kept in a cold or freezer chain, that can spoil quickly, or whose expiration date would be quickly exceeded are generally excluded from return. 3. Goods that have been inseparably mixed with other goods after delivery. 4. Membership applications - Software Consequences of cancellation: If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you, and under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. Pack the goods in the original shipping box or another sturdy outer box for protection. If possible, enclose a copy of the invoice or order confirmation. Please also enclose a fully completed cancellation policy form. THANK YOU: You will bear the cost of returning the goods. We only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. End of the cancellation policy.
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