General Terms and Conditions (GTC) for private end consumers

1. scope of application

These General Terms and Conditions (GTC) apply to all deliveries to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.

2. offer and conclusion of contract

2.1 The order placed by the consumer is a binding offer within the meaning of § 145 BGB. We can accept this offer within two weeks by sending an order confirmation or by sending the ordered goods within this period.

2.2 The presentation of our products on our website does not constitute a legally binding offer, but only an invitation to order.

3. documents provided

We reserve the right of ownership and copyright for documents, also in electronic form, such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent. Insofar as we do not accept the customer’s offer within the period specified in clause 1, these documents must be returned to us immediately.

4. right of withdrawal

4.1 If you are a consumer, you have a right of withdrawal in accordance with the statutory provisions.

4.2 If you as a consumer make use of your right of withdrawal in accordance with section 4.1, you must bear the regular costs of the return shipment.

4.3 In all other respects, the rules set out in detail in the following withdrawal policy apply to the right of withdrawal.

Cancellation policy

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise the right to cancel, you must inform us (bioclimatic GmbH, Im Niedernfeld 4, 31542 Bad Nenndorf, phone: +49 (0) 57 23 / 94 40 – 0, fax: +49 (0) 57 23 / 94 40 – 30; e-mail: info@bioclimatic.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website www.bioclimatic.de. If you make use of this option, we will send you a confirmation of receipt of such a withdrawal without delay (e.g. by e-mail).
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery indicated by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately, and in any case within 14 days of the day on which you notify us of the revocation of this contract at the latest. The deadline is met if you send the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

– End of the withdrawal policy –

5. delivery time

5.1 Delivery is only made within Germany by parcel service.

5.2 Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.

5.3 The commencement of the delivery period stated by us is subject to the timely and proper fulfillment of the customer’s obligations. We reserve the right to plead non-performance of the contract.

5.4 4 weeks after a non-binding delivery date/delivery period has been exceeded, the customer may request us in text form to deliver within a reasonable period of time. If we culpably fail to meet an express delivery date/delivery deadline or if we are in default for other reasons, the customer must set us a reasonable grace period to effect performance. If we allow the grace period to expire fruitlessly, the customer shall be entitled to withdraw from the purchase contract.

5.5 If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the customer reserves the right to prove that no damage at all or at least significantly less damage has been incurred in the amount claimed. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.

6 Prices and payment

6.1 Our prices include VAT (and packaging costs). Delivery and shipping costs are (not) included in our prices.) The prices at the time of the order shall apply.

6.2 Payment of the purchase price must be made exclusively to one of the accounts specified by us. The deduction of a cash discount is only permitted with a special written agreement.

6.3 Unless otherwise agreed, the purchase price must be paid within 14 days of delivery. We reserve the right in individual cases to make delivery only against cash on delivery or after receipt of a down payment. We will inform the customer of this in advance. Default interest shall be charged at a rate of 5% above the respective base interest rate per annum. We reserve the right to assert higher damages caused by default.

7. set-off and rights of retention
The customer shall only be entitled to set-off or retention if his claim has been legally established or is undisputed. The customer shall also be entitled to offset against our claims if he asserts notices of defects or counterclaims arising from the same purchase contract. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

8. reservation of title

8.1 We reserve title to the delivered goods until all claims arising from the delivery contract have been paid in full.

8.2 The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties.

9 Warranty and notice of defects

9.1 We guarantee that our devices are free of material defects at the time of dispatch in accordance with the respective state of the art. Should delivered devices nevertheless exhibit material or manufacturing defects, the customer must notify us of the defects immediately in text form.

9.2 Recognizable transport damage must be reported immediately to bioclimatic and the person handing over the devices.

9.3 If the delivered device does not have the quality agreed between the customer and us or if it is not suitable for the use assumed under our contract or for the use in general, we shall be obliged to provide subsequent performance. This shall not apply if we are entitled to refuse subsequent performance on the basis of statutory regulations.

9.4 The customer shall initially have the choice of whether subsequent performance is to be effected by repair or replacement. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If subsequent performance has failed or if we have refused subsequent performance altogether, the customer may, at his discretion, demand a reduction in the purchase price (abatement) or declare his withdrawal from the contract.

9.5 The customer may only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or we have refused subsequent performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.

9.6 Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damages to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages covered by liability under the Product Liability Act, and for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. However, we shall only be liable for damages which are based on the absence of warranted characteristics or durability but which do not occur directly on the goods if the risk of such damage is clearly covered by the guarantee of quality and durability.

9.7 We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. Otherwise, we shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1-3 shall also apply insofar as the liability for legal representatives, executive employees or other vicarious agents is concerned.

9.8 Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

9.9 The warranty period is 2 years, calculated from the transfer of risk. This period shall also apply to claims for compensation for consequential harm caused by a defect, provided that no claims in tort are asserted.

10. data protection

10.1 The customer’s data required for processing the transaction will be stored and used only for the purpose of processing the order.

10.2 We reserve the right to exchange data with the CREDITREFORM information file for the purpose of credit checks.

10.3 All personal data will be treated confidentially.

11. other

11.1 The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation.

11.2 This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

11.3 Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.