Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Contract Duration and Termination for Subscription Contracts for Goods
7. Retention of Title
8. Defect Liability (Warranty)
9. Liability
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of BioTeiGa GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted unless otherwise agreed.

1.2 For contracts concerning the delivery of vouchers, these GTC apply accordingly unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

1.4 An entrepreneur within the meaning of these GTC 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.

1.5 The subject of the contract may – depending on the Seller's product description – be either the one-time delivery of goods or the continuous delivery of goods (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer via email, the online contact form, post, or telephone.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has submitted their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been submitted. The Seller does not provide any further access to the contract text. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login details.

2.6 Before submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their inputs during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing is usually carried out automatically via email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the Seller and must be borne by the Customer. These may include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise with regard to money transfers if the delivery does not take place in a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, the payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where they provide advance performance to the Customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment with discharging effect to PayPal or the payment service provider commissioned by PayPal. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes, even in the case of assignment of the claim.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, the payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For the processing of payments, Shopify may use other payment services, for which special payment conditions may apply, and the Customer may be referred to these separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipping of goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial delivery if the Customer effectively exercises their right of withdrawal. For the return shipping costs in the event of an effective exercise of the right of withdrawal by the Customer, the provisions made in the Seller's withdrawal instructions apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the Customer or an authorized recipient. By way of exception, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned the carrier, freight forwarder, or other designated person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer based in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by email
• by post

6) Contract Duration and Termination for Subscription Contracts for Goods

6.1 Subscription contracts are concluded for a fixed term, for the contract duration evident from the respective product description in the Seller's online shop, and end automatically after the contract term has expired.

6.2 The right to terminate for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the end of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

6.3 Terminations can be made in writing, in text form (e.g., by email), or electronically via the termination facility provided by the Seller on their website (termination button).

7) Retention of Title

If the Seller provides advance performance, they retain title to the delivered goods until the full purchase price owed has been paid.

8) Defect Liability (Warranty)

Unless otherwise stipulated in the following provisions, the statutory defect liability regulations apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect rights is one year from the delivery of the goods;
• for used goods, defect rights are excluded;
• the limitation period does not restart if a replacement delivery is made as part of the defect liability.

8.2 The above liability limitations and limitation period reductions do not apply

• to the Customer's claims for damages and reimbursement of expenses,
• if the Seller has fraudulently concealed the defect,
• for goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation under § 377 HGB. If the Customer fails to comply with the notification obligations specified therein, the goods are deemed to have been approved.

8.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to inform the Seller accordingly. Failure to comply with this does not affect the Customer's statutory or contractual defect claims.

9) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

9.1 The Seller is fully liable for any legal reason

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• due to a guarantee promise, unless otherwise regulated,
• due to mandatory liability, such as under the Product Liability Act.

9.2 If the Customer acts as a consumer based in Germany or as an entrepreneur, the following liability limitations apply:

If the Seller negligently breaches an essential contractual obligation, their liability is limited to the typical, foreseeable damage, unless they are subject to unlimited liability under the preceding paragraph. Essential contractual obligations are those that the contract imposes on the Seller according to its content to achieve the contract's purpose, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely. Otherwise, the Seller's liability is excluded unless they are subject to unlimited liability under the preceding paragraph.

9.3The above liability regulations also apply with regard to the Seller's liability for their vicarious agents and legal representatives.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 If the promotional voucher refers to a specific amount rather than a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

10.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

10.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher as part of their statutory right of withdrawal.

10.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.2 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

11.3 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

11.4 The gift voucher is transferable. The Seller can discharge their obligation by performing to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, incapacity, or lack of power of representation of the respective holder.

12) Applicable Law

12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

12.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of the conclusion of the contract, do not belong to any member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

13) Jurisdiction

If the Customer acts as a merchant, legal entity under public law, or public-law special fund with their registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, the Seller is, however, in any case entitled to bring an action at the Customer's registered office.

14) Alternative Dispute Resolution

The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board but is willing to do so.