General Terms and Conditions
General terms and conditions of the online shop BIOMES NEM GmbH
§ 1 SCOPE, CONTRACTUAL LANGUAGE
(1) These general terms and conditions (GTC) apply to contracts concluded via the online shop between you and us, BIOMES NGS GmbH i.G. (BIOMES NEM GmbH Via Sanitas 1, 5082 Grödig / Salzburg, Austria, FN 516420, ATU74623179), represented by Reinhard Wallner and Andrej Wackerow via this online shop.
(2) The language for the conclusion of the contract is exclusively German. Translations of these general terms and conditions into other languages are for your information only. In the event of any differences between the German text and the current version, the German takes priority.
§ 2 APPLICABLE LAW, OBLIGATORY CONSUMER PROTECTION RULES
The law of the Republic of Austria applies, excluding the UN sales law, if:
(a) you have your habitual residence in Austria, or
(b) your habitual residence is in a state that is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, Austrian law also applies, whereby compelling provisions of the state in which you have your habitual residence remain unaffected.
§ 3 CONCLUSION OF CONTRACT
(1) The presentation of the goods and services in our online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) By clicking on the “Binding Order” button in the last step of the ordering process, you submit a binding offer to purchase or book the goods and/or services displayed in the order summary. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute acceptance of your offer to conclude a contract. A contract between you and us comes about as soon as we accept your order and/or booking via a separate e-mail or ship the goods. Please regularly check the SPAM folder of your e-mail inbox
(3) You can select goods for purchase and/or services for booking in our online shop by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the order process. After selecting the item in the shopping cart and specifying all the required order and address data in the next step, pressing the “Next” button opens a page in which the essential item details, including costs, are summarized again. You can correct your entries or refrain from concluding the contract until then. Only by subsequently pressing the “Binding Order” button is a binding offer within the meaning of paragraph 2 made.
§ 4 NOTICE ON CORRECTIONS
As part of the ordering process, you first put the desired goods or services in the shopping cart. There you can always change the desired quantity or completely remove selected goods or services. Once you have deposited goods or services there, you can click on the “Next” button to access a page where you can enter your data and then select the shipping and payment method. Finally, a summary page will open, where you can check your details. You can correct your input errors (e.g. with regard to payment method, data or the desired quantity) by clicking on “Edit” in the respective field. If you want to cancel the order process completely, you can simply close your browser window. Otherwise, after clicking on the “Binding Order” confirmation button, you make a binding order pursuant to § 3 para. 2 of these GTC.
§ 5 STORAGE OF THE CONTRACT
The contract terms with details of the ordered goods and/or booked services including these general terms and conditions and the withdrawal policy will be sent to you by e-mail with acceptance of the contract offer or with the notification thereof. Storage of the contract terms by us does not take place.
§ 6 COLLECTION, STORAGE AND PROCESSING OF YOUR PERSONAL DATA
(1) You can order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not have to enter your personal details every time, but you can simply log in to your customer account with your e-mail address and the password you have chosen when registering before or during an order.
(2) To carry out and process an order, we require the following data from you:
– First and last name
– E-Mail address
– Postal address
(3) If you would like to create a customer account, we require from you the data mentioned in para. 2 as well as a freely chosen password.
(4) We will use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order(s), for example for the delivery of goods to the address specified by you. When paying by bank transfer, we also use your bank details for payment. Any further use of your personal data for the purposes of advertising, market research or for the needs-based design of our offers requires your express consent. You have the opportunity to give this consent before placing a binding order. This declaration of consent is entirely voluntary and can be viewed on our website and revoked at any time.
(5) The data you have provided remains in your customer account until you delete it yourself. In addition, or in the case in which you only order or book as a guest, without creating a customer account, we store your data only in the context of our tax and commercial obligations.
(6) If your personal information changes, you are responsible for updating it yourself. All changes can be made online after logging in under “My Account”.
§ 7 PAYMENT TERMS
The purchase price is due immediately upon ordering. Payment for the goods takes place by credit card (we use the transmission method “SSL” for the encryption of your personal data), by means of, Paypal, GiroPay, immediate transfer or via one of our payment service providers. Our bank account details are: Raiffeisenverband Salzburg, IBAN AT26 3500 0000 2603 6293, BIC RVSAAT2S
§ 8 RESERVATION OF TITLE
The goods remain our property until full payment. If you are late with the payment for more than 10 days, we have the right to withdraw from the contract and to reclaim the goods.
§ 9 DELIVERY CONDITIONS
We deliver the goods according to the agreements made with you. Any shipping costs are listed in the product description and will be shown separately on the invoice.
§ 10 RIGHT OF WITHDRAWAL
As a consumer, you are entitled to a right of withdrawal in accordance with the instructions in the appendix. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
§ 11 WARRANTY FOR PURCHASED GOODS
(1) Insofar as the goods purchased and delivered in/from our online shop are defective, you are entitled within the scope of the statutory provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.
(2) The period of limitation of warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects, which we have fraudulently concealed, become statute-barred within the regular limitation period.
(3) You are also entitled to rights for defects within the scope of a quality and/or durability guarantee, insofar as we have expressly submitted such a guarantee in relation to the item sold in individual cases.
§ 12 LIMITATION OF LIABILITY
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you, the customer, can regularly rely. In the latter case, however, we are liable only for the foreseeable, contract-typical damage. We are not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability do not apply in case of injury to life, body and health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of the art, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We are not liable for the constant and uninterrupted availability of our online retail system.
§ 13 FINAL PROVISIONS
(1) The terms and conditions set out here are complete and conclusive. Amendments and additions to these GTC should be made in writing in order to avoid any ambiguity or dispute between the parties as to the respective contractual content.
(2) Insofar as you were domiciled or ordinarily resident in Germany upon conclusion of the contract and have either relocated from Germany at the time of the legal action or your place of residence or usual whereabouts is unknown at this time, the place of jurisdiction for all disputes is our registered official address in Wildau, Brandenburg.
(3) We remind you that in addition to the ordinary legal process, you also have the possibility of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following internet address: http://ec.europa.eu/consumers/odr
Our e-mail address is: info@biomes-nem.com According to § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be ineffective, this shall not affect the remainder of the contract.
APPENDIX
CONSUMER INFORMATION, WITHDRAWAL POLICY AND REBATE FORM
If you order goods when you visit our online shop, we would like to point out the following:
(1) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for information only. In case of contradictions, the German text has priority.
(2) Please refer to the individual product descriptions within the scope of our internet offer for the main features of the goods and services offered by us as well as the period of validity of temporary offers.
(3) The presentation of our goods does not constitute a binding offer on our part. Only the order of goods through you is a binding offer according to § 861 ABGB. In the case of acceptance of this offer, we will send you an order confirmation by e-mail or ship the goods. This represents the conclusion of the purchase contract between you and us.(4) You can recognize any input errors when placing your order during the final confirmation before checkout and correct them at any time the help of the deletion and change function before sending the order.
(5) Should the goods ordered by you not be available, we reserve the right not to provide the goods, whereby we shall inform you about this immediately before the conclusion of the contract.
(6) The prices quoted by us are final prices including taxes. The shipping costs are shown separately for the respective products as well as in the order summary.
(7) The purchase price is due immediately with the order. Payment of the goods may be done by credit card (we use the transmission method “SSL” to encrypt your personal data), by bank transfer or via our payment service provider. Our bank details are Raiffeisenverband Salzburg, IBAN AT26 3500 0000 2603 6293, BIC RVSAAT2S
8) We remind you that in addition to the ordinary legal process, you also have the possibility of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following internet address: http://ec.europa.eu/consumers/odr
Our e-mail address is: info@biomes-nem.com. Pursuant to § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(9) The data required for the execution of the contract between you and us is stored by us and are accessible to you at any time. In that regard, we refer to the data protection regulations in our GTC.
(10) We refer to our GTC for all other matters
BIOMES NEM GmbH,Company Register Number: FN 516420, Salzburg Regional Court,
Via Sanitas 1, 5082 Grödig / Salzburg, Austria,
represented by the Managing Directors Reinhard Wallner, Andrej Wackerow.
(11) As a consumer, you have a right of withdrawal according to the following instructions:
WITHDRAWAL POLICY
WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. [1]
In order to exercise your right of withdrawal, you must inform us, BIOMES NEM GmbH, Via Sanitas 1, 5082 Grödig / Salzburg, Austria, +43 (0) 6246 211 77 and info@biomes-nem.com, by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form template, which is not required.
In order to meet the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we must repay to you all all payments we have received from you, including delivery charges (except for additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer), immediately and at the latest within fourteen days from the date on which the notification of your withdrawal from this contract has reached us. For this repayment, we will use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us, BIOMES NEM GmbH, Via Sanitas 1, 5082 Grödig / Salzburg, Austria, without delay and in any event not later than 14 days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the deadline of 14 days. You bear the immediate costs of returning the goods.
ADDITIONAL NOTICE
In the event that you return the goods to us, we ask you to use the original packaging, if still available.
Withdrawal form according to
Appendix 2 pursuant to Art. 246a § 1 para. 2 p. 1 No. 1 and § 2 para. 2 No. 2 EGBGB
If you wish to withdraw from the contract, please fill out this form and send it toBIOMES NEM GmbH, Via Sanitas 1, 5082 Grödig / Salzburg, Austria or by e-mail to info@biomes-nem.com