General terms and conditions for the online shop

Section 1: General and Business Relationships

  1. The following general terms and conditions apply to those in the online shop “www.bioactiva.com“ bioactiva diagnostica GmbH, represented by the managing director Mr. Adnan Dawoud, Louisenstr. 137, 61348 Bad Homburg (hereinafter referred to as "seller"), the contractual relationships between the seller and his customers (hereinafter referred to as "buyer").
  2. Contracts are made with both consumers and entrepreneurs.
  3. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity
  4. According to § 14 BGB, an entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.

Section 2: Conclusion of the Contract

  1. All products, articles and services to be purchased in the seller's online shop do not represent binding offers by the seller in the legal sense, but are in turn an invitation to the buyer to make an offer.
  2. After the order has been sent by the buyer, he immediately receives an email confirming receipt of the order. The contract is concluded with the confirmation of receipt by the seller.

Section 3: Prices, Sales Tax, Payment

  1. All prices quoted are total prices including statutory VAT plus any shipping costs incurred depending on the type of delivery (see § 4).
  2. The seller offers the following payment methods: credit card, PayPal, instant transfer. The seller issues an invoice to the customer for the goods ordered, which is enclosed with the delivery of the goods or is sent to him by letter.

Section 4: Deliveries, Shipping Costs and Transfer of Risk

  1. The delivery (delivery by a shipping company) takes place immediately after receipt of payment or message by PayPal.
  2. The seller's terms of delivery and payment are specified in more detail in the order form. Please refer to the respective item description for the delivery date.
  3. On the last order page before submitting your offer ("Buy") you will again receive a general overview of the essential characteristics of the goods, the total price of the goods and all related components such as shipping and packaging costs.
  4. If the buyer is a consumer within the meaning of § 13 BGB, the shipping risk is borne exclusively by the seller. If, on the other hand, the buyer is an entrepreneur, the risk is transferred to the buyer as soon as the seller has delivered the item to the freight forwarder or the person or institution otherwise assigned to carry out the shipment.

Section 5: Cancellation Policy

Cancellation policy and sample cancellation form

The following cancellation policy applies exclusively to consumers (see § 1 of the General Terms and Conditions).

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must contact us ( bioactiva diagnostica GmbH, represented by the managing director Mr. Adnan Dawoud, Louisenstr. 137, 61348 Bad Homburg, phone: +49 176 70855441, fax: +49 6172 1710229, email: [email protected] bioactiva.de ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification that you are exercising the right of withdrawal before the withdrawal period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

-End of revocation-

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

  • for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
  • for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
  • for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
  • for the delivery of newspapers, magazines or magazines with the exception of subscription contracts

The right of withdrawal may expire

  • for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
  • for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature,
  • for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery - for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

Model withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

To [bioactiva diagnostica GmbH, represented by the managing director Mr. Adnan Dawoud, Louisenstr. 137, 61348 Bad Homburg, phone: +49 176 70855441, fax: +49 6172 1710229, email: [email protected] ]:

I / we (*) hereby revoke the purchase contract concluded by me / us (*)

of the following goods (*) / the provision of the following service (*)

  • Ordered on (*) / received on (*)
  • Name of the consumer (s)
  • Address of the consumer (s)
  • Signature of the consumer (s) (only when notified on paper)
  • Date

(*) Delete where inapplicable.

§ 6 Retention of Title

The seller retains ownership of the goods until the purchase price has been paid in full.

§ 7 Right to Liability for Defects

The statutory right to liability for defects applies to our goods, insofar as this is not deviated from under V.

  1. If the customer acts as a consumer, the limitation period for warranty claims for used goods is limited to one year from delivery of the item. The statute of limitations for claims for damages in the event of injury to life, body or health based on an intentional or negligent breach of duty by the seller or on an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller remains unaffected. Furthermore, the statute of limitations for claims for damages in the case of other damages 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 seller remains unaffected. In addition, any liability under the Product Liability Act remains unaffected. In addition, the statutory provisions apply.
  2. The following applies to entrepreneurs with regard to warranty and liability:
    1. The limitation period for warranty claims towards entrepreneurs is one year for newly manufactured items as well as for used items. As for the rest, the statutory provisions also apply here.
    2. In accordance with Section 377 of the German Commercial Code (HGB), the buyer must inspect the goods immediately after delivery by the seller, insofar as this is feasible in the normal course of business, and, if a defect becomes apparent, notify the seller immediately. If the buyer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination. If such a defect appears later, the report must be made immediately after it is discovered. Otherwise, the goods are deemed to have been approved even with regard to this defect. Timely dispatch of the notification is sufficient to maintain the buyer's rights. If the seller has fraudulently concealed the defect, he cannot invoke these regulations.

Section 8: Further Information for Obligations for Contracts in Distance Selling and for Electronic Business Transactions

  1. Technical steps to conclude a contract / order process

    Select the products you would like to order by clicking the "Add to shopping cart" button. This will put your selection in the shopping cart. You can change this selection at any time until you send your order by changing the number of products, deleting the selection by clicking the "Remove" button or canceling the order process. By clicking the "Checkout" button you will go to the next step in the order process. Please log in with a username and password if you already have a customer account, otherwise please register as a new customer. In addition, you have the option of placing an order as a guest without your own customer account. Your data will be collected, processed and used in compliance with data protection regulations. Any other use or disclosure to third parties will not take place. After entering the customer and billing information, the registration must be completed by clicking the button "Continue to dispatch". In the next step of the order process, please select the desired shipping method and click "Continue to payment". Then select the payment method. By clicking the button "Check order" you get to the next order step. Please read the general terms and conditions and the cancellation policy carefully. You can only proceed with the order if you agree to the terms and conditions (tick the box). You will receive an overview of your order: the selected products, the shipping and billing address and your contact details. By clicking the "Buy" button, you send your order to us. You are submitting a legally binding offer.

  2. Storage of the contract text after conclusion of the contract and accessibility for the customer

    The contract text and your order details are saved by the seller. After completing the order you have placed, you will receive a clear order confirmation that contains all the information about your order. It is also possible to print out the text of the contract using the browser's print function. Your order data can also be found separately in the email sent to you. In addition, the seller will send the contract terms to the buyer by email at any time upon request.

  3. Possibility of correcting input errors

    Before submitting the order, you have the option to correct your entries at any time. This can be done on the one hand with the "back button" or the "back arrow" of your internet browser. You can either correct corrections directly on the individual offer pages in the existing input fields. There is also the option of updating the products or deleting individual products in the virtual shopping cart. All these correction options exist up to and including the submission of the binding offer via the "Buy" button.

  4. Contract language

    The contract language is exclusively German.

  5. Codes of conduct

    The seller has not submitted to any relevant codes of conduct.

  6. Order confirmation

    After the customer has sent the offer, they will receive a confirmation email.

  7. Complaints and warranties

    Complaints, such as warranty claims in particular, are to be addressed to the seller.

  8. Essential characteristics of the goods

    The essential characteristics of the goods can be found in the article description. This also applies to the period of validity of any limited offers.

Section 9: Alternative Dispute Resolution According to Art. 14 Para. 1 ODR -VO and § 36 VSBG:

The European Union has set up an online platform (“OS platform”) that you can contact for out-of-court settlement of consumer disputes. The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. You can find the platform at https://ec.europa.eu/consumers/odr/“

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Section 10: Duty to Provide Information in Accordance with the Battery Act (BattG)

In connection with the sale of batteries or accumulators or with the delivery of devices that contain batteries or accumulators, we are obliged to point out the following in accordance with the Battery Ordinance: Batteries must not be disposed of with household waste. As the end user, you are legally obliged to return used batteries. You can return batteries free of charge after use at the point of sale or in their immediate vicinity (e.g. in communal collection points or in stores). You can also send us batteries from our range in the usual quantities by post. Batteries or accumulators that contain harmful substances are marked with the symbol of a crossed-out garbage can. The chemical name of the pollutant is located near the garbage can symbol. "Cd" stands for cadmium, "Pb" for lead, "Hg" for mercury, "Li" for lithium, "Ni" for nickel, "Mh" for metal hydride and "Zi" for zinc. The symbols under the garbage cans stand for:

  • Pb: battery contains more than 0.004 percent by mass of lead
  • Cd: battery contains more than 0.002 percent by mass of cadmium
  • Hg: battery contains more than 0.0005 percent by mass of mercury

The symbol of the crossed-out garbage cans means that the battery must not be thrown into the household waste.

Further detailed information on the Battery Act is also available from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

Section 11: Law on Market Placement, the Return and the Environmentally-Safe Disposal of Electronic Equipment

Since August 13, 2005, manufacturers have had to take back old electrical appliances that have been on the market free of charge. Manufacturers must mark their electrical and electronic equipment that is placed on the market after November 23, 2005 with a symbol (crossed-out wheeled bin). As a dealer, we are legally obliged to inform you that such old devices are not to be disposed of as unsorted municipal waste, but are to be collected separately and disposed of via the local collection and return systems. According to the law "ElektroG" of March 23, 2005, from November 25, 2005 we will only sell electrical and electronic equipment from manufacturers who have registered with the responsible authorities and an insolvency-proof guarantee for the financing of the return and disposal of their electrical equipment can prove.

Section 12: Final Clause

The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer and to the respective terms and conditions. Consumers habitually resident abroad can also rely on the law of the country in which they are domiciled, regardless of the specific choice of law