The following general terms and conditions apply to the online shops of bioactiva diagnostica GmbH, represented by the managing director Mr. Adnan Dawoud, Louisenstr. 137, 61348 Bad Homburg (hereinafter referred to as “Seller”). Contractual relationships are concluded between the seller and his customers (hereinafter referred to as "buyers").
Contracts are concluded with both consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
According to § 14 BGB, 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 self-employed professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.
Section 2: Conclusion of the Contract
All products, items 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.
After the buyer has sent the order, he immediately receives an e-mail that confirms receipt of the order, but does not yet represent acceptance of the offer in the legal sense, whereby the contract is concluded. The contract is concluded through a separate order confirmation from the seller. Alternatively, the contract is concluded when the ordered goods are delivered to the customer or the customer is asked to pay.
Section 3: Prices, Sales Tax, Payment
All prices quoted are total prices including statutory VAT plus any shipping costs incurred depending on the type of delivery (see § 4).
The seller offers the payment methods that are communicated within the online shop. The seller issues the customer an invoice for the ordered goods, which is enclosed with the delivery of the goods or sent by letter.
Section 4: Deliveries, Shipping Costs and Transfer of Risk
If a delivery (delivery to the shipping company) has been agreed between the seller and the buyer, this will take place immediately after receipt of the money. The shipping and packaging costs and the delivery date can be found in the respective item description. There, the shipping and packaging costs are displayed as a total sum for the respective countries to which the corresponding items are sent.
If the buyer is a consumer within the meaning of § 13 BGB, 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 entitled to receive them. If the customer commissions the freight forwarder or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller has not previously named this person or institution to the customer, the risk of accidental loss and accidental deterioration of the goods sold also applies to the customer as soon as the seller has delivered the item to the carrier or the person or institution otherwise responsible for carrying out the shipment.
However, if the buyer is an entrepreneur, the risk passes to the buyer as soon as the seller has delivered the item to the carrier or to the person or institution otherwise responsible for carrying out the shipment.
The seller's terms of delivery and payment are detailed in the order form. The delivery date can be found in the respective item description.
On the last order page before submitting your offer, you will again receive a general overview of the essential characteristics of the goods, the total price of the goods and all associated components such as shipping and packaging costs.
Section 5: Cancellation Policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us, bioactiva diagnostica GmbH, represented by the managing director Mr. Adnan Dawoud, Louisenstr. 137, 61348 Bad Homburg, phone: +49 (0) 6172 17102-0, fax: +49 6172 1710229, email: bioactiva@ bioactiva.de ) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient that you submit the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the inexpensive standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed upon with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You have to bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning 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 use-by date would soon be exceeded.
for the delivery of alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
for the delivery of goods, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the cooling-off period.
The right of withdrawal can expire in the case of contracts
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 these were inseparably mixed with other goods after delivery due to their nature.
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.
Sample withdrawal form
If you want to revoke the contract, please fill out this form and send it back.
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 Liability for Defects
The statutory right to liability for defects applies to our goods. In principle, consumers are also entitled to a right of withdrawal. For more information on the right of cancellation, see the seller's cancellation policy.
If a consumer purchases used goods, the limitation period for claims for defects is one year from delivery of the goods if this agreement was expressly contractually agreed separately between the buyer and the seller before the customer made the contractual declaration.
The following applies to entrepreneurs:
The limitation period for new goods is one year from delivery of the goods
Claims for defects are excluded for used goods
If a replacement delivery is made, the limitation period does not begin again
The seller can choose the type of supplementary performance
In the § 7 clauses 2 and 3 the shortening of deadlines and limitations of liability mentioned do not apply:
for claims for damages and reimbursement of expenses by the customer
in the event that the defect was fraudulently concealed by the seller
if there is an obligation to update digital products as part of a contract for the delivery of goods with digital elements
For goods which cause the defect in a structure and are normally used in such a structure
Section 8: Further Information Obligations for Contracts in Distance Selling and for Electronic Commerce
Technical steps to conclude a contract / order process
Select the products you want to order by clicking the "Add to basket" button. This will add your selection to the shopping cart. You can change this selection at any time before submitting your order by changing the number of products, deleting the selection completely by clicking the minus button or canceling the order process. Clicking on the "Checkout" button takes you to the next order step. If you already have a customer account, please log in with a username and password, otherwise please register as a new customer. Your data will be collected, processed and used in compliance with data protection regulations. Any other use or transfer to third parties does not take place. After entering the customer and billing information, please select the desired shipping and payment method. Please read the general terms and conditions and the cancellation policy carefully. You can only continue 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 button "Buy now" you send your order to us. You are hereby submitting a legally binding offer. You will receive an overview of your order: the selected products, the shipping and billing address and your contact details.
Storage of the Contract Text after the Conclusion of the Contract and Accessibility for the Customers
The text of the contract and your order details are saved by the seller. After completing the order you have placed, you will receive a clear order confirmation containing all the information about your order. It is also possible to print out the text of the contract using the print functions of the browser. Your order data can also be found separately in the e-mail sent to you. In addition, the seller will send the buyer the contract terms by e-mail at any time upon request.
Possibility of Correcting Input Errors
Before submitting the order, you can 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 correct entries directly on the individual offer pages in the existing input fields. It is also possible to update the products or delete individual products in the virtual shopping cart. All of these correction options exist up to and including the submission of the binding offer via the "Buy" button.
Contract Language
The contract language is exclusively German.
Codes of Conduct
The seller has not submitted to any relevant codes of conduct.
Order confirmation
After the customer has sent the offer, they will receive a confirmation email.
Complaints and Warranties
Complaints, such as warranty claims in particular, are to be addressed to the seller.
Essential characteristics of the goods
The main features of the goods can be found in the item 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:
For the out-of-court settlement of consumer disputes, the European Union has set up an online platform (“OS platform”) that you can contact. The OS platform is intended to serve as a contact point for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The platform can be found 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 under the Battery Ordinance to point out the following: Batteries must not be disposed of with household waste. As an 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 the immediate vicinity (e.g. in municipal collection points or in shops). You can also return batteries from our range in the usual quantities to us 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 signs 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 the Placing on the Market, Return and Environmentally Friendly Disposal of Electrical and Electronic Equipment
Since August 13, 2005, manufacturers have had to take back old electronic devices that have been put on the market free of charge. Manufacturers must mark their electrical and electronic equipment placed on the market after November 23, 2005 with a symbol (crossed-out wheeled bin). As a retailer, 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 “ElektroG” law of March 23, 2005, from November 25, 2005 we will only sell electrical and electronic equipment from manufacturers who have registered with the competent authority and can provide proof of an insolvency-proof guarantee for the financing of the return and disposal of their electronic devices.
Section 12: Final Clause
The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. Consumers with their habitual residence abroad can also refer to the law of the state in which they reside, regardless of the specific choice of law.
