General Terms and Conditions (GTC) Online Shop
1. scope of application
These general terms and conditions apply to the order of goods from the assortment of BIONA Bettenvertrieb S. Jarkovsky GmbH on www.biona-shop.de.
2. contracting party
Contractual partner of the customer for orders from the assortment of BIONA Bettenvertrieb S. Jarkovsky GmbH on www.biona-shop.de is:
BIONA Bettenvertrieb S. Jarkovsky GmbH
Alfred-Moeck-Strasse 10
72582 Grabenstetten
Germany
Phone: 07382/232010
Fax: 07382/2320115
Web: www.biona-shop.de
E-mail: info@biona.de
(hereinafter referred to as "Biona GmbH")
3. conclusion of contract
(1) The delivery area is Germany, Austria, Liechtenstein and Switzerland.
(2) The contract language is German.
(3) By clicking the "Buy" button, the customer makes a binding offer to purchase the goods in the shopping cart and agrees to the validity of these GTC.
(4) The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
(5) The order confirmation sent automatically after the order has been sent confirms the content and receipt of the customer's order at Biona GmbH, but does not yet represent an acceptance of the customer's offer. A contract with Biona GmbH is only concluded through the declaration of acceptance by Biona GmbH, which is sent with a separate e-mail (order confirmation or shipping confirmation), at the latest, however, through the shipment of the order placed with Biona GmbH.
(6) Biona GmbH will declare acceptance either by sending a shipping confirmation or by shipping the goods within three business days from receipt of the customer's order. The relevant alternative for you depends on which of the listed events occurs first. If Biona GmbH does not issue a declaration of acceptance within this period, the customer's order has not been accepted by Biona GmbH.
4. availability of goods
If at the time of the order with Biona GmbH ordered goods are not available, Biona GmbH reserves the right not to accept the order of the goods, so that no contract is concluded. The customer will be informed about this. Payments already made will be refunded to the customer immediately.
5. vouchers for self-printing
Conclusion of the contract when purchasing the vouchers for self-printing: By clicking the "Buy" button, you make a binding offer to purchase the voucher for self-printing. Biona GmbH accepts the contract offer by email by sending you the gift card for self-printing, as well as the order confirmation.
6. delivery conditions and collection
(1) For delivery of the products to an address chosen by the customer within the specified delivery area, the following shipping costs will apply in addition to the product prices:
Delivery within Germany:
You pay a flat shipping fee (including transport insurance) of
- 6,90 € up to 21,00 € value of goods
- 8,90 € up to 199,99 € value of goods
- 13,90 € up to 449,99 € value of goods
- 17,90 € from 500,00 € value of goods
Exceptions for custom-made products are expressly reserved. Shipping in used cartons is 1 € cheaper in each case.
Delivery to EU foreign countries:
Shipping costs flat rate (incl. transport insurance) from
- 16,72 € up to 200,00 € value of goods
- 19,24 € up to 249,99 € value of goods
- 33,45 € up to 599,99 € value of goods
- 49,50 € from 600,00 € value of goods
plus VAT of the country of destination.
Delivery to Switzerland & Liechtenstein:
Shipping costs flat rate (incl. transport insurance and excl. VAT) from
- 29,41 € up to 300,00 € value of goods
- 57,98 € to 599,99 € value of goods
- 86,56 € from 600,00 € value of goods
(2) In the case of deliveries outside Germany and Austria, further costs may be incurred upon importation into a third country (customs duties, possible customs fees and import sales taxes). These other costs shall be borne by the customer.
(3) If the customer wishes to collect the goods himself, the collection address is Alfred-Moeck-Straße 10, 72582 Grabenstetten, Germany during the following business hours:
- Monday to Friday always from 8:00 a.m. to 12:00 p.m.
- Monday to Wednesday additionally 14:00 o'clock to 16:00 o'clock
- Thursday additionally 14:00 o'clock to 18:30 o'clock
- Saturday 09:30 o'clock to 12:30 o'clock
(4) Please inform us before your collection, so that we can provide the goods from our warehouse.
(5) If you choose to pick up the goods yourself, in addition to the payment options listed in our online store, payment on site with EC card and credit card is also possible.
7. payment
(1) All prices on www.biona-shop.de are in Euro and include the applicable German VAT. For orders to Switzerland or Liechtenstein, the VAT is not payable, the tax-free amount is automatically displayed during the order process when a valid delivery address in Switzerland or Liechtenstein is selected.
(2) The following payment methods displayed at the end of the ordering process are available to the customer:
Prepayment
If the payment method prepayment is selected, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment. In the case of bank transfers from abroad, ALL bank charges will be borne by the customer. The shipment will be made only after complete receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There will be an additional charge of 8,90 € Euro.
PayPal
When paying via "PayPal", the "PayPal Terms of Use" of PayPal (Europe) S.à r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") apply. These Terms of Use, which you as a PayPal user must agree to in your relationship with PayPal, are available at www.paypal.com. In order to pay via PayPal, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction.
The payment transaction is carried out by PayPal immediately after placing the order. The goods will be shipped to Biona GmbH after payment confirmation by PayPal. Further instructions are given in the order process.
If the customer chooses the PayPal installment payment as a payment method, the corresponding loan agreement with PayPal is concluded upon successful completion. Biona GmbH does not become a contractual partner of the customer in this loan agreement. The PayPal terms of use apply.
PayPal makes the final decision on the loan commitment. If the loan request is provisionally or finally rejected by PayPal, the customer can choose another payment method. In case of rejection by PayPal without the customer choosing another payment method, no contract with Biona GmbH is concluded.
PayPal Checkout
In cooperation with PayPal we offer the following payment options as PayPal services. Unless otherwise stipulated below, payment via PayPal Checkout does not require registration with PayPal. However, the "PayPal Terms of Use" apply. These terms of use, which you as a PayPal user must agree to in your relationship with PayPal, are available at www.paypal.com.
You will receive further instructions with the respective payment option and in the order process.
- Credit card via PayPal: Your credit card will be charged by PayPal after the goods have been shipped.
- Direct debit via PayPal: Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.
Immediately by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. This payment option is only available for regular customers after consultation with Biona.
Cash or card payment upon collection
You pay the invoice amount in cash or with your EC card or credit card when picking up the goods.
The entered data will not be stored at Biona GmbH, but possibly at the respective selected payment provider. The respective data protection regulations of the payment service provider apply.
8. retention of title for consumers
If the customer is a natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (consumer in the sense of § 13 BGB), the following applies: The delivered goods remain the property of Biona GmbH until the purchase price has been paid in full.
9. Retention of title for entrepreneurs
(1) The following conditions regarding retention of title only apply to entrepreneurs as defined by § 14 BGB.
(2) The delivered goods (hereinafter: "reserved goods") remain the property of Biona GmbH until full payment of all claims arising from the business relationship.
(3) The purchaser undertakes to treat the reserved goods with care and to insure them adequately at replacement value against fire, water and theft damage at his own expense as long as ownership has not yet passed to him.
(4) The Purchaser shall not be entitled to pledge the Retained Goods to third parties or to assign them by way of security. However, the Buyer shall be entitled to use the reserved goods and to resell them in the ordinary course of business as long as he is not in default with his payment obligations. The buyer assigns the claims arising from the sale to his business partners to Biona GmbH by way of security. Biona GmbH accepts the assignment.
(5) Biona GmbH revocably authorizes the buyer to collect the claims assigned to Biona GmbH for its account in its own name. The right of Biona GmbH to collect the receivables itself is not affected by this. Biona GmbH will not collect the receivables itself and will not revoke the direct debit authorization as long as the buyer properly fulfills its payment obligations.
(6) If the buyer behaves contrary to the contract with Biona GmbH - in particular, but not conclusively, by defaulting on payment obligations - Biona GmbH can demand that the buyer discloses the assigned claims and the respective debtors, informs the respective debtors of the assignment and hands over all documents to Biona GmbH as well as provides all information that the seller requires to assert the claims.
(7) The processing or transformation of the reserved goods by the buyer is always carried out in the name of and on behalf of Biona GmbH. If the reserved goods are processed with other items that are not the property of Biona GmbH, Biona GmbH acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. If the reserved goods are inseparably combined or mixed with other items not belonging to Biona GmbH, Biona GmbH acquires co-ownership of the new item in the ratio of the value of the reserved goods to the other combined or mixed items at the time of combination or mixing. If the combination or mixing is done in such a way that the buyer's item is to be considered the main item, it is agreed that the buyer transfers co-ownership to the seller on a pro-rata basis. Biona GmbH accepts this transfer. The buyer will keep the thus created sole ownership or co-ownership of the item for Biona GmbH.
(8) If the reserved goods are seized or if they are exposed to other interventions by third parties, the buyer is obligated, as long as the ownership has not yet been transferred to him, to inform the third party of the seller's ownership rights and to inform the seller immediately in writing in order to enable Biona GmbH to enforce its ownership rights. The buyer is liable for any judicial or extrajudicial costs incurred in this context towards Biona GmbH, unless the third party is able to reimburse Biona GmbH for these costs.
(9) Biona GmbH undertakes to release the securities to which it is entitled insofar as the realizable value exceeds the value of the outstanding claims against the buyer by 10% and the buyer demands this.
10. transport damages
(1) For consumers in the sense of the following applies: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery person and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
(2) Entrepreneurs in the sense of § 14 BGB bear the risk for transport damages themselves.
11. right of revocation
(1) Consumers within the meaning of § 13 BGB are entitled to the right of withdrawal described below in accordance with § 312g in conjunction with § 355 BGB. Entrepreneurs in the sense of § 14 BGB are not entitled to such a right of withdrawal.
(2) Cancellation Policy:
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In the event of a contract for the delivery of goods in several partial consignments or pieces, the revocation period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or piece.
In order to exercise your right of withdrawal, you must send us
BIONA Bed Distribution S. Jarkovsky GmbH, Alfred-Moeck-Strasse 10, 72582 Grabenstetten, Germany
Phone: 07382/232010
E-mail: info@biona.de
Inform us about your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory for you.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Furthermore, the right of withdrawal does not apply to contracts for the delivery of sealed goods, such as mattress covers or encasings, which are not suitable for return for reasons of hygiene if their seal has been removed after delivery.
(3) Consequences of revocation:
If you revoke this contract, Biona GmbH shall repay to you all payments received by Biona GmbH from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, Biona GmbH will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. Biona GmbH may refuse repayment until Biona GmbH has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to BIONA Bettenvertrieb S. Jarkovsky GmbH, Alfred-Moeck-Straße 10, 72582 Grabenstetten, Germany, or hand them over to us at this address without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send or hand over the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. On request, Biona GmbH will provide you with a parcel label for goods that can be returned by post.
You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
(4) Sample cancellation form:
You can revoke your contract by please filling out this form and returning it to us:
To:
BIONA Bettenvertrieb S. Jarkovsky GmbH.
Alfred-Moeck-Strasse 10
72582 Grabenstetten
Germany
E-Mail: info@biona.de
Fax: 07382/2320115
Revocation
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
________________________________________________________
________________________________________________________
________________________________________________________
Bestellnummer: ______________________________________
Ordered on (*)/received on (*): _______________________
Name of consumer(s): ________________________
Address of consumer(s): ______________________
________________________________________
Signature of the consumer(s)
(only in case of notification on paper)
Date: __________________________________
(*) Delete as applicable.
(5) Freight collect shipments will not be accepted. The shipping costs for the return are to be paid by the buyer. The shipping costs of the Hinsendung with delivery addresses are refunded by Biona GmbH. If a package label created by Biona GmbH is used, the return shipping costs will be offset against the costs for the return shipment.
12. Warranty and guarantees
(1) The legal liability for defects applies, i.e. the customer has warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased from Biona GmbH if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, the customer may demand a refund or reduction of the purchase price.
(2) If the supplementary performance is carried out by way of replacement delivery, the customer is obligated to return the goods first delivered to Biona GmbH within 30 days at the expense of Biona GmbH. The return of the defective goods has to take place according to the legal regulations. Biona GmbH reserves the right to claim damages under the legally regulated conditions.
(3) During the limitation period for claims for defects, the customer can assert his claims against Biona GmbH both by e-mail to info@biona.de and by telephone.
(4) The limitation period for legal claims for defects is 2 years if the customer is a consumer in the sense of § 13 BGB. If the customer is an entrepreneur in the sense of § 14 BGB, claims for defects against Biona GmbH become statute-barred within 12 months from handover of the goods. Excluded from this are claims due to injury to life, body or health, which are based on a negligent breach of duty by Biona GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Biona GmbH.
(5) The customer's legal claims for defects against Biona GmbH remain unaffected in the event of the existence or acquisition of a guarantee for the ordered goods.
(6) The assignment of claims for defects against Biona GmbH is excluded if the customer is not a consumer as defined by § 13 BGB.
(7) Please note the following information:
Custom-made products are generally excluded from the right of return and exchange.
Adhesions of foam materials are customary in the industry and do not constitute grounds for complaint. Dimensional deviations may also occur in mattresses and cut-to-size items due to the properties of the foam. A defect does not yet exist if the deviation is within the following tolerances:
+/- 1 cm for mattresses, mattress toppers and pillows of any kind.
Vacuum-packed mattresses must be unpacked no later than 2 weeks after delivery to allow the foam to expand. Otherwise, the mattress may be damaged and may no longer be able to develop its full volume.
An incorrect or inadequate spring base can considerably shorten the life of the mattress.
Make sure you have a functional, high-quality slat base, especially for cold foam mattresses.
The distance between the slats of the slatted frame should not be more than a maximum of 3 cm, otherwise there is a risk of damage to the cold foam mattress. Make sure you turn and rotate your mattress regularly every 14 days and ensure adequate ventilation.
Failure to comply with the above instructions does not affect your legal rights in the event of problems. These are not restricted by the above instructions. If you have any questions, please refer to our contact information.
Visco and cold foam materials tend to crack during and shortly after production, but especially during transportation or use. This cracking cannot be prevented. Visco and cold foam materials should always be covered with fabric. If you use these foams unprotected for a long time, thinner sheets in particular can easily tear. Cracking is typical for visco and cold foam materials and is not a defect. If you want foams that are less prone to cracking, it is best to choose our PU foams, which are more robust. If you want to seal cracks that have occurred during transportation, for example, you can do this with our spray adhesive. However, the cracks do not affect the upholstery and can therefore be ignored.
A normal process with conventional PU foam, cold foam etc. is the yellowing process. As foam reacts with oxygen and UV radiation, the panels can turn yellowish or brownish in color. This is often the case with light-colored upholstery panels. Such discoloration is not due to contamination or dirt, but is a completely normal color change process. These do not reduce the use of upholstery foam in any way and therefore do not constitute grounds for complaint.
13. Liability
(1) Claims of the customer for damages against Biona GmbH are excluded.
(2) Excluded from this are claims for damages by the customer:
- from injury to life, body, health
- in case of liability for other damages based on an intentional or grossly negligent breach of duty by Biona GmbH, its legal representatives or vicarious agents
- in case of guarantee promises, as far as agreed
- insofar as the scope of application of the Product Liability Act is opened.
(3) Furthermore, the liability for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer may regularly rely, remains unaffected. In the event of a slightly negligent breach of these contractual obligations, Biona GmbH shall only be liable for the foreseeable damage typical for the contract, the occurrence of which must typically be expected, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.
14. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We prefer to resolve your concerns in a direct exchange with you and therefore do not participate in consumer arbitration proceedings. Please contact us directly if you have any questions or problems.
15. final provisions
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. If you are a consumer with habitual residence in the EU, you also enjoy protection of the mandatory provisions of the law of your country of residence.
(2) The non-exclusive jurisdiction of the courts of the registered office of Biona GmbH shall apply. You may choose to file claims in connection with these Terms of Use arising from consumer protection standards both in Germany and in the EU member state in which you live.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Biona GmbH is the registered office of Biona GmbH.
(4) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points will be replaced by the legal regulations, if any.
(5) The text of the contract is not stored by Biona GmbH after conclusion of the contract and is not accessible to the customer. The customer can find individual transactions in his customer profile.