General Terms and Conditions with Customer Information
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) of Swiss Bionic Solutions Deutschland GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of products which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller regarding the products offered by the Seller. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2. For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for a purpose that can be attributed predominantly neither to his commercial nor to his independent professional activity.
1.3. Entrepreneur within the meaning of these General Terms and Conditions 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.
2. Conclusion of Contract
2.1. The customer can order the products offered by the seller through an independent consultant of the seller. The order is placed using an order form provided by the Seller, which is completed, signed and sent to the Seller.
2.2. The processing of the order and the contact with the Vendor shall normally take place in person, by e-mail or by telephone. The customer is responsible for ensuring that the invoice, delivery and e-mail addresses provided for order processing are correct, so that the goods and documents sent by the seller can be received at these addresses. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller can be delivered.
3. Right of Withdrawal
Consumers generally have a right of withdrawal. More information about the right of withdrawal can be found in the seller’s cancellation policy.
4. Prices and payment terms
4.1. Unless otherwise stated, the prices quoted by the Seller are total prices including VAT.
4.2. Additional delivery and shipping costs, if any, and payment options will be provided to the Customer by the Seller’s independent consultant or directly by the Seller.
4.3. Payment shall be made in advance to the Seller’s account specified on the Order Form. Payments in GBP or USD shall be made to the relevant foreign currency account.
4.4. In the case of payment by credit card, payment shall be processed by the payment service provider PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt/Main, Germany, in accordance with the PAYONE terms and conditions of use, available at (https://www.payone.com/DE-de/agb).
5. Delivery and shipping terms
5.1. Unless otherwise agreed, Products shall be delivered by shipment to the delivery address provided by the Customer. The delivery address indicated on the order form is decisive for the processing of the transaction.
5.3. If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if he is not responsible for the circumstance leading to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller has given him prior notice of the service within a reasonable period of time.
5.4. In principle, self-collection is possible after prior consultation with the seller.
6. Retention of title
In the event of advance performance by the Seller, the Seller shall retain title to the goods delivered until the purchase price owed has been paid in full.
7. Liability for defects
7.1. If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.
7.2. The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. Failure to do so shall not affect the customer’s statutory or contractual warranty claims.
8. Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the consumer is not deprived of the protection afforded by the mandatory provisions of the law of the country in which the consumer has his habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law with its 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 registered office of the seller (Bad Waldsee). If the customer’s place of business is outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to apply to the court at the Customer’s place of business.
10. Alternative Dispute Resolution
10.1. The EU Commission provides a platform for online dispute resolution on the Internet.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts with a consumer.
10.2. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status: February 2023