Conditions and Terms of Sale
1. Application of Terms
The following conditions shall apply in the current version for all future contracts with the Bionatic GmbH & Co. KG, Löwenhof 9, D-28217 Bremen, exclusively.
Additional agreements will be made only in writing.
We reserve the right to make appropriate changes to the products without prior notice, provided that the contract will not experience unreasonable modifications. Product illustrations are only approximate. Only samples are regarded as samples for quality and material properties. The details of the properties and uses of the products are merely descriptions and contain no warranty. Errors are possible due to incorrect information by the supplier or manufacturer. The dimensions and characteristics of products can be assured only and exclusively by delivery of the requested items related to the current product data sheets and certificates of the manufacturer or distributor.
Our offers are adressing professionals. All prices quoted in the product overview are net prices in Euro plus VAT. Prices do not include shipping and freight costs, disposal costs or license fees for the German Dual System recycling for packaging products.
A contract only materialises with the written order confirmation or delivery of goods ordered to the last-named address. The transmission of the shopping cart on our website is no binding order. We reserve the right to stop all outstanding deliveries or to require payment in advance, late payment of any invoice occurs or if reasonable doubts regarding the creditworthiness of the buyer emerge between the materialisation of the contract and the service provision.
All delivery times are non-binding. Stock availability given, ordered goods will usually be sent out before 2 p. m. on the same day. For first time orders, delivery times may be longer due to the delivery of payment or credit checks to be carried out. The minimum order value is € 20 net. We are entitled to send partial deliveries at no extra cost for the buyer. Transport damage must be reported immediately to the freight carrier.
There is a period for liability of defects of three months starting with delivery. Damages caused by intent or gross negligence or non-accidental injury of life, body or health are excluded. § 478 and § 479 BGB remain unaffected. Obvious defects must be reported immediately during the commercial transactions. Hidden defects must be notified in writing immediately upon discovery. If the buyer refrains from complaining in due form and time, the goods shall be deemed approved.
The delivery of the goods will take place when the prepayment is made. When agreeing on a direct debit agreement, the delivery is made against an invoice with early payment discount agreement or a grant with a date of payment. A delivery-versus-bill can be agreed on separately. The summation or retention of payments because of disputed and not legally established counterclaims is not possible. In case several payment reminders are necessary, an administration fee of € 5 for the second reminder and a fee of € 15 for the third reminder is charged.
8. Retention of title
All goods remain in our property until a full payment is made and all of our claims arising from the business relationship are accomplished.
Packaging designs, pictures, templates provided by us that are made for contract negotiations are protected by copyright law and remain our property until contract completion. Any duplication or distribution is permitted only with our written consent.
We shall otherwise be liable contractually, prior to the contract and non-contractually for compensation of damages or reimbursement of expenses that have been caused by intent or gross negligence or culpable violation of essential contractual obligations (cardinal obligations) or culpable causation of damage to life, body or health by us, our legal representatives, employees or agents. Except for intent or gross negligence or damage to life and body, we are liable for breach of a cardinal obligation on the most predictable and typical damages. The limitation of liability also extends to the personal liability of our employees, legal representatives and agents. Claims under the German Product Liability Act for fraudulent misrepresentation or under a procurement risk assumed by us remain unaffected.
The invalidity of single provisions of these terms and conditions does not affect the validity of the remaining provisions.
12. Place of Performance, Applicable Law, Place of Jurisdiction
The relationship between the parties is governed exclusively by the laws of the Federal Republic of Germany. International commercial law, particularly the UN sales law is excluded.
Place of fulfillment and jurisdiction is Bremen, if the contractor is a businessperson, a legal entity under public law or a special fund under public law.
Bionatic GmbH & Co. KG