General Terms and Conditions of Business
of Biocomfort GmbH & Co. KG and Biocomfort Diagnostics GmbH & Co. KG
- referred to below as Biocomfort
§ 1 Scope of application
The current version of our General Terms and Conditions as presented below exclusively applies to all orders. They apply to all deliveries and services, in particular to purchase contracts to be concluded with consumers (end-users) negotiated between Biocomfort and the customer using telecommunications media (e.g. online shop, telephone, fax, e-mail, etc.).
By placing the order, the customer declares that he or she accepts these terms and conditions. Any terms and conditions of business of the customer that contradict these are exclusively rejected at this stage.
§ 2 Conclusion of contract
The customer issues a binding purchase offer when placing his or her order. Biocomfort is entitled to accept the contractual offer represented by the order within three working days of receipt at Biocomfort. The contract shall become legally binding when the order confirmation reaches the customer.
§ 3 Prices
All prices and information are non-binding. Biocomfort shall be entitled to withdraw in the case of obvious mistakes, typing, printing or calculating errors.
The specified prices include VAT at the statutory rate. The prices are applicable at the time of the order. All prices are ex-works, without post and packaging. Delivery costs shall be calculated in accordance with § 5.
§ 4 Payment
Irrespective of the possibility of payment in advance, the invoice sum shall fall due for payment immediately after receipt of the goods. The payment methods offered as part of the order shall be accepted. In case of delayed payment by the purchaser, Biocomfort shall be entitled to charge the purchaser 3.00 euros per reminder.
§ 5 Delivery / transfer of risk
In case of payment on delivery, the delivery time is calculated from the date of order confirmation. In case of payment in advance, the delivery time is calculated from the date of receipt of payment to the account specified in the order confirmation. As a rule, the delivery time is seven working days, but may be extended accordingly in special circumstances. The purchaser shall be kept informed of the details in the event of delayed deliveries.
Deliveries shall be handled by DHL / Deutsche Post or another package service engaged by Biocomfort.
Delivery shall be made to the delivery address specified by the customer.
Biocomfort shall charge a flat fee of 5.00 euros for delivery within Germany of orders less than 30.00 euros in value. Orders in excess of 30.00 euros in value shall be delivered free of charge within Germany.
Biocomfort will provide information about the costs for delivery outside Germany on request.
Payment on delivery is possible within Germany. For this service, Biocomfort shall additionally charge the handling fee imposed by DHL / Deutsche Post amounting to 2.00 euros.
For private consumers, the risk of unexpected loss and unexpected impairment of the sold goods shall be transferred to the consumer when the goods are handed over, even for payment on delivery.
For entrepreneurs, the risk of unexpected loss and unexpected impairment of the goods shall be transferred to the entrepreneur on handover, in the case of payment on delivery the transfer shall be when the goods are passed on to the delivery company, haulier or other person or institution entrusted with undertaking the delivery.
§ 6 Retention of ownership
In the case of contracts with individual consumers, Biocomfort reserves ownership of the goods until complete payment of the purchase price has been received. In the case of contracts with entrepreneurs, Biocomfort retains ownership of the goods until all accounts receivable from an ongoing commercial relationship have been settled.
The purchaser is not allowed to dispose of the goods as long as they are subject to retention of ownership. The purchaser is obliged to maintain the goods in good working order during the period of retention of ownership.
§ 7 Right of cancellation for private individuals
Private clients are entitled to cancel their contractual declaration within two weeks without specifying reasons, giving notice in text form (e.g. letter, fax, e-mail) or by sending back the item.
This period starts at the earliest on acknowledgement of this notification, or if the goods are delivered then it starts when the goods are received by the recipient. In order to comply with the cancellation deadline, it is sufficient to send the cancellation or the item in good time.
The cancellation should be directed to:
Biocomfort GmbH & Co. KG or
Biocomfort Diagnostics GmbH & Co. KG
Customer service
Tel. +49 (7158) 980 160
Fax +49 (7158) 980 1699
info@biocomfort.de
Bernhäuser Straße 17
73765 Neuhausen a. d. Fildern
Germany
Postfach 1273
73762 Neuhausen a. d. Fildern
Germany
In the event of an effective cancellation, products and services received by both parties shall be returned and any obtained benefits (e.g. interest) refunded.
If you are unable to return the received products or services in full or if they are in a worse condition than that in which they were received, you shall be obliged to provide us with compensation. In terms of the transfer of items, this does not apply if the impairment is solely the result of having inspected them – such as you would have the opportunity to do in a shop, for example. In other respects, you can avoid the obligation to provide compensation by not taking the item into service as an owner and by avoiding any action that would impair its value.
Items suitable for sending as packages shall be returned. Items that cannot be sent as packages shall be collected from your address. If you are returning an item from a delivery of goods with a total order value not exceeding 40.00 euros, you shall be responsible for paying the costs of the return delivery if the delivered goods correspond to what was ordered. Otherwise, you shall not be required to pay for the return delivery.
§ 8 Defects
If packaging and transport damage are clearly apparent on delivery, the purchaser shall submit a complaint immediately to the delivery company and have the damage confirmed on the delivery papers. Obvious defects shall be notified in writing to Biocomfort within two weeks of delivery of the goods; no claims may be asserted after is period. The statutory period of limitation applies to defects that are not obvious.
If, following transfer of the risk, a defect becomes apparent that arose / was caused before the time of transfer of risk, the purchaser shall be entitled to have the item repaired or replaced, assuming the purchaser is the consumer. If the customer is a company, Biocomfort shall have the right to repair the item first, if it so selects. In the event that the repair or replacement delivery is unsuccessful or is refused, the purchaser shall be entitled to demand a reduction in the purchase price, irrespective of any other claims, or to withdraw from the contract.
The images of products on this website may differ from the appearance of the delivered products, in particular with regard to colour and size. They do not represent any contractually agreed properties.
§ 9 Warranty
Biocomfort offers a warranty of up to five years on its devices. The warranty starts at the moment of transfer of risk.
The warranty covers all material and assembly defects attributable to Biocomfort. The warranty does not extend to glass parts, natural wear and tear, damage by external forces or incorrect handling. Attempted repairs by third parties shall invalidate the warranty.
Irrespective of the regulations and provisions in the warranty document / declaration accompanying the product in question, the warranty shall be exclusively limited to delivery of an equivalent replacement product with a comparable period of use, subject to the exclusion of all other claims.
§ 10 Liability
Biocomfort shall only be liable for damage not occurring on the goods themselves only in case of deliberate or gross negligence, to the extent that liability is not prescribed as mandatory in statutes (e.g. physical injury and impairment of health, loss of life, etc.). Biocomfort shall be informed immediately and comprehensively about corresponding damage.
If Biocomfort is held liable in accordance with this provision, its liability shall be restricted to foreseeable and direct damage of an average nature that would be typical of the contract. Liability under product liability legislation shall not be affected by this.
§ 11 Data protection
Your personal or business data sent to us (e.g. name, address, e-mail) will be treated in confidence.
In accordance with § 33 of the German Federal Data Protection Act (BDSG), we inform you that data required for commercial transactions will be processed and stored using an IT system on the basis of and subject to §§ 28, 29 (BDSG), and will if necessary be communicated to associated companies and delivery services, e.g. to banks for the purpose of settling transactions.
All information given to us voluntarily will be exclusively used for offering you even better service. This data will be deleted at the customer's request.
§ 12 Other provisions
To the extent that the legal relationship between the purchaser and Biocomfort is not completely covered by these general terms and conditions of business, the statutory provisions shall apply in other respects.
In the event that individual provisions of these general terms and conditions prove to be ineffective in whole or in part, the other clauses shall be unaffected and remain valid.
German law applies, the application of the UN law on the sale of goods is excluded.
In commercial transactions with merchants and legal persons under public law, the court of jurisdiction for all disputes arising from or in connection with the contract shall be the court responsible for the place of business of Biocomfort.
Biocomfort GmbH & Co. KG
Postal and delivery address:
Bernhäuser Straße 17
73765 Neuhausen a. d. Fildern
Germany
Postfach 1273
73762 Neuhausen a. d. Fildern
Germany
Tel. +49 (7158) 980 160
Fax +49 (7158) 980 1699
info@biocomfort.de
Headquarters:
Kastellstrasse 14
73734 Esslingen a. N
Germany
Legal form:
Kommanditgesellschaft
Location: Esslingen a. N. / Germany
Registered court: Stuttgart
HRA 212378
VAT ID number:
DE814249575
Personally liable partner:
Personal Health Care GmbH
Location: Esslingen a. N. / Germany
Registered court: Stuttgart
HRB 214504
Chief Executive Officer:
Mathias Klingler
Bank:
Kreissparkasse Esslingen
BLZ 611 500 20
A/C 934 248
IBAN DE16 6115 0020 0000 9342 48
BIC ESSLDE66
Biocomfort Diagnostics GmbH & Co. KG
Postal and delivery address:
Bernhäuser Straße 17
73765 Neuhausen a. d. Fildern
Germany
Postfach 1273
73762 Neuhausen a. d. Fildern
Germany
Tel. +49 (7158) 980 160
Fax +49 (7158) 980 1699
info@biocomfort.de
Headquarters:
Kastellstrasse 14
73734 Esslingen a. N.
Germany
Legal form:
Kommanditgesellschaft
Location: Esslingen a. N. / Germany
Registered court: Stuttgart
HRB 212326
VAT ID number:
DE235256781
Personally liable partner:
Personal Health Care GmbH
Location: Esslingen a. N. / Germany
Registered court: Esslingen a. N.
HRB 214504
Chief Executive Officer:
Mathias Klingler
Bank:
Kreissparkasse Esslingen
BLZ 611 500 20
A/C 100,151,440
IBAN DE61 6115 0020 0100 1514 40
BIC ESSLDE66XXX
