General Terms and Conditions, AGB
1. scope of application
For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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 his commercial or independent professional activity.
The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract, correction possibilities
The purchase contract is concluded with Biona GmbH.
The presentation of the products in the online store is not 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 sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you make 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.
We accept your offer within two days, by
- we issue a declaration of acceptance in a separate e-mail or
- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. delivery conditions
Shipping costs will be added to the indicated product prices.
Delivery within Germany:
You pay a flat shipping fee (including transport insurance) of
- 5,90 € up to 21,00 € value of goods
- 7,50 € up to 199,99 € value of goods
- 12,90 € from 200,00 € value of goods
Exceptions can be special orders.
Delivery to Switzerland & Liechtenstein:
Shipping costs flat rate (incl. transport insurance) from
- 35,00 € up to 300,00 € value of goods
- 69,00 € up to 599,99 € value of goods
- 103,00 € from 600,00 € value of goods
Delivery to EU foreign countries:
Shipping costs flat rate (incl. transport insurance) from
- 19,90 € up to 200,01 € value of goods
- 39,80 € to 599,99 € value of goods
- 58,90 € from 600,00 € value of goods
For deliveries outside of Germany, additional costs may be incurred for import into a third country (customs duties, possible customs fees and import sales taxes). These other costs have to be paid by the customer.
In principle, you have the option of collection from Biona GmbH, Alfred-Moeck-Straße 10, 72582 Grabenstetten, Germany during the following business hours: Monday to Friday from 8:00 am to 12:00 noon, Monday to Wednesday 2:00 pm to 4:00 pm and Thursday 2:00 pm to 6:30 pm. Please inform us before your pickup so that we can provide the goods from our warehouse. You can also pay here with EC card and PIN.
In our store, the following payment methods are generally available:
If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment. In 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.
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("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. You will receive further instructions in the order process.
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will receive further instructions with the respective payment option and in the order process.
Credit card via PayPal
Your 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.
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.
Cash payment at pickup
You pay the invoice amount in cash when picking up the goods.
6. right of revocation
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. reservation of proprietary rights
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. transport damages
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible 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.
9. Warranty and guarantees
9.1 Liability for defects
The statutory law on liability for defects shall apply.
9.2 Warranties and customer service
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
12. final provisions
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.