Terms of service

Table of Contents

1. Scope of Application
2. Contract Conclusion
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. Liability for Defects (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 that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for 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 that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

1.5 The subject of the contract may – depending on the Seller's product description – be either the purchase of goods via a one-time delivery or the purchase of goods via a continuous delivery (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) Contract Conclusion

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve for 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 contract offer regarding the goods in the shopping cart by clicking the button that completes the order process. The Customer may also submit the offer to the Seller by email, 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), with the receipt of the order confirmation by the Customer being decisive, or
• by delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives are present, 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 end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, 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 selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the order process.

2.5 When ordering via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. 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 free of charge by the Customer via their password-protected user account by entering the corresponding login details.

2.6 Before submitting a binding 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 may be the browser's zoom function, which can be used to enlarge the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 The contract can be concluded in German.

2.8 Order processing is usually automated by 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 generally have 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 concluding the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of concluding 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 indicated are total prices including the statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

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

4.3 The payment option(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 the customer selects a payment method offered via the payment service "PayPal", payment processing is carried out by PayPal, which may also use the services of third-party payment providers. If the seller offers payment methods via PayPal where they provide advance payment to the customer (e.g., invoice purchase or installment payment), they assign their payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the commissioned payment service provider will perform a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method if the credit check result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed installments. In this case, the customer can only make payments with discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the product, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits.

4.6 If the customer selects a payment method offered via the payment service "Shopify Payments", 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. To process payments, Shopify may use additional payment services, for which special payment terms may apply, and the customer may be separately notified of these. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Terms

5.1 If the seller offers shipping of the goods, delivery will be 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 process is decisive for transaction processing.

5.2 If delivery of the goods fails due to reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation specified in the seller's withdrawal instructions applies if the customer effectively exercises their right of withdrawal.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer upon handover of the goods to the customer or an authorized recipient. However, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 If the customer is a consumer based in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with the due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

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, as specified in the respective product description in the seller's online shop, and automatically end after the contract term expires.

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

6.3 Terminations can be made in writing, in text form (e.g., by email), or in electronic form via the cancellation tool provided by the seller on their website (cancellation button).

7) Retention of Title

If the seller provides advance payment, they retain ownership of the delivered goods until the full purchase price has been paid.

8) Liability for Defects (Warranty)

Unless otherwise provided in the following regulations, the statutory provisions on liability for defects apply. The following deviations apply to contracts for the delivery of goods:

8.1 If the customer is acting as a business,

• the seller may choose the type of subsequent performance;
• for new goods, the limitation period for defect rights is one year from delivery of the goods;
• for used goods, defect rights are excluded;
• the limitation period does not restart if a replacement delivery is made under the liability for defects.

8.2 The above liability limitations and 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, in accordance with their usual intended use, have been used 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 businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial duty of inspection and notification in accordance with § 377 HGB. If the customer fails to comply with the notification obligations stipulated there, the goods are deemed approved.

8.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the carrier and to inform the seller accordingly. Failure to do so has no effect on the customer's statutory or contractual defect claims.

9) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

9.1 The seller is liable without limitation 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 is a consumer based in Germany or a business, the following liability limitations apply:

If the seller negligently breaches a material contractual obligation, their liability is limited to the typical and foreseeable damage under the contract, unless they are liable without limitation as per the preceding clause. Material contractual obligations are those duties imposed on the seller by the contract to achieve its purpose, the fulfillment of which is essential for the proper execution of the contract and on which the customer may regularly rely. Otherwise, the seller’s liability is excluded unless they are liable without limitation as per the preceding clause.

9.3 The above liability provisions also apply 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 specified 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 promotion if such a restriction is stated in the promotional voucher.

10.3 Promotional vouchers can only be redeemed before completing the order process. Retroactive redemption is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 If the promotional voucher relates to a specific amount rather than a percentage discount, the order value must be at least equal to the voucher amount. Any remaining balance will not be refunded by the seller.

10.6 If the promotional voucher value is insufficient to cover the order, one of the other payment methods offered by the seller can be used to pay the difference.

10.7 The balance of a promotional voucher will neither be paid out in cash nor earn interest.

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

10.9 The promotional voucher is intended for use only by the named person. Transferring the promotional voucher to third parties is not permitted. The seller is entitled but not obligated to verify the material entitlement of the voucher holder.

11) Redemption of Gift Vouchers

11.1 Gift vouchers can only be redeemed before completing the order process. Retroactive redemption is not possible.

11.2 If the gift voucher value is insufficient to cover the order, one of the other payment methods offered by the seller can be used to pay the difference.

11.3 The balance of a gift voucher will neither be paid out in cash nor earn interest.

11.4 The gift voucher is transferable. The seller may perform with discharging effect 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 lack of knowledge of the holder’s lack of entitlement, legal incapacity, or lack of authority to represent.

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 applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of concluding the contract are outside the European Union.

13) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a public-law special fund with a 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 place of business. If the customer’s registered office is outside the territory of the Federal Republic of Germany, the seller’s place of business 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 place of business.

14) Alternative Dispute Resolution

The seller is not obligated but willing to participate in dispute resolution proceedings before a consumer arbitration board.