Terms and conditions
Responsible:
System Biologie AG
Sihleggstrasse 23, CH-8832 Wollerau
Email: info@system-biologie.com
Juerg Daniel Schmid, CEO
Sihleggstrasse 23, CH-8832 Wollerau
Email: info@system-biologie.com
Telephone: +41 44 787 15 93
General terms and conditions
(The following GTC also contain legal information on your rights under the provisions on distance contracts and electronic commerce.)
- Scope
- Offers and service descriptions
- Order process and conclusion of contract
- Prices and shipping costs
- Delivery, availability of goods
- Payment methods
- Reservation of proprietary rights
- Warranty and guarantee for material defects
- Adhesion
- Storage of the contract text
- Data protection
- Place of jurisdiction, applicable law, contract language
1. Scope
1.1. The business relationship between System Biologie AG, Juerg Daniel Schmid (CEO), Sihleggstrasse 23, CH-8832 Wollerau, Switzerland (hereinafter “Seller”) and the customer (hereinafter “Customer”) are exclusively subject to the following general terms and conditions in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints by e-mail at info@system-biologie.com as well as via the contact form.
1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers apply “while stocks last”, unless otherwise noted in the products. Incidentally, errors are reserved.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and collect them via the “Add to cart” button in a so-called shopping cart. The customer can then proceed to the completion of the order process within the shopping cart via the “Continue to checkout” button.
3.2. Via the “Order with obligation to pay” button, the customer submits a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has shipped the ordered product to the customer within 7 days, has handed over or confirmed the shipment to the customer within 7 days with a second e-mail, an express order confirmation or the sending of the invoice.
3.4. If the seller allows payment in advance, the contract is concluded with the provision of the bank details and the request for payment. If the payment has not been received by the seller despite the due date, even after a new request, by a time of 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to deliver. The order is then completed for customer and seller without further consequences. A reservation of the ordered item (or the ordered item) is therefore made for payments in advance for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website are inclusive of the applicable statutory value added tax.
4.2. All ordered products will be delivered free of charge.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, the delivery will take place after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his expense, as far as this is reasonable for the customer.
5.3. If the delivery of the goods fails due to the fault of the customer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.5. Customers are informed about delivery times and delivery restrictions (e.g. B. Restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completion of the order process. Customers will be informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. Become third-party providers (e.g. B. PayPal) with the payment processing, their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by not making the appointment. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Reservation of proprietary rights
Until full payment, delivered goods remain the property of the seller.
8. Warranty and guarantee for material defects
8.1. The warranty is determined in accordance with legal regulations.
8.2. A guarantee exists for the goods delivered by the seller only if they have been expressly handed over. Customers will be informed about the warranty conditions before the initiation of the ordering process.
9. Adhesion
9.1. Without prejudice to the other legal claim requirements, the following exclusions and limitations of liability apply to the seller’s liability for damages.
9.2. The seller is liable without limitation, insofar as the cause of the damage is due to intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected
9.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If the customer has registered in the seller’s shop, he can view his placed orders in his profile area. In addition, the seller stores the contract text, but does not make it accessible on the Internet.
11. Data protection
11.1. The seller processes personal data of the customer for a specific purpose and in accordance with the legal provisions of the GDPR.
11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right, upon request, to receive information free of charge about the personal data stored by the seller about him. In addition, the customer has the right to correct incorrect data, block and delete his personal data, insofar as there is no legal obligation to retain it.
11.4. Further information about the type, scope, place and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the privacy policy.
12. Place of jurisdiction, applicable law, contract language
12.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. The contract language is German.