Status: 01 December 2014
§ 1 Scope - Subject
(1) These terms and conditions (the "Terms") is valid for delivery of movable property in accordance with the contract between BioActive Technology and the customer.
(2) Different, conflicting or additional terms and conditions are - even if known - not part of the contract. The use of the terms and conditions of the business partner is expressly prohibited. Available on the TNC of this customer is rejected by BioActive Technology. The following terms and conditions are an integral part of all business relationships right from BioActive Technology, also at the conclusion of contracts through the Internet. The customer agrees to the inclusion of the terms and conditions in the contract with triggering the order or the delivery of a directed to enter into a purchase agreement in respect of a product of Technology BioActive legal transaction statement to BioActive Technology.
(3) These terms and conditions apply both to consumers and to companies, unless the respective clause shall make any differentiation.
§ 2 Offer and Conclusion - Offer Documents
(1) The offers of BioActive Technology are subject to change. Technical and other changes are reserved within reasonable limits.
(2) The customer's order constitutes a binding offer, which we can accept by sending an order confirmation or delivery of the goods within four weeks.
(3) If the customer orders the goods electronically to the contract as well as these Terms stored in a reproducible form and send it to the customer's request by e-mail.
(4) For orders where the customer is not operated by the Internet, the provisions of the Civil Code shall apply (§§ 145 et seq. Of the Civil Code) for the formation of the contract with the proviso that in compliance with paragraph 2, a fax order and a Auftragsbestätigungsrückfax for the conclusion of the contract are sufficient.
(5) is BioActive Technology reserves the title and copyright to illustrations, drawings, calculations and other documents. This also applies to written documents that are designated as "confidential". Before passing on to third parties, the client's express written consent of BioActive Technology needs.
(6) The contract is concluded for BioActive Technology subject, or not to be paid in case of incorrect or improper delivery only partially. In case of non-availability or only partial availability of the service, the customer will be informed immediately. The (as already provided) payment will be refunded immediately.
(7) ancillary agreements or oral assurances must, as far as they go beyond the written text of the treaty to their written confirmation or confirmation by e-mail by BioActive Technology.
§ 3 Usage rights
(1) The performance and functionality of the licensed goods, equipment and programs shall be determined by the product descriptions valid at the contract. Further agreements in special circumstances, such. As over capacity, timing and compatibility, are dependent on the customer's specific situation and expressly agreed in writing. The same is true for individual customizations of the products or any other special conditions. Technical changes and minor deviations that do not lead to functional impairment (eg. As further developments) are reserved.
(2) In all other regards the rights of the mandatory provisions of the Copyright Act (§§ 69 et seq. Of the Copyright Act) apply additionally.
§ 4 Prices and payment
(1) The purchase price is binding, subject to the provisions of subsections 3 and 4. With consumers, the VAT is included.
(2) For entrepreneurs, we give only the net price. The sales tax is thus not included in the prices; It will be shown at the statutory rate on the date of invoicing separately in the invoice.
(3) If the customer is a consumer price changes are permissible if between the conclusion and the agreed delivery date is more than four months. Then change to the delivery of the wages or material costs, we are entitled to change the price appropriately according to the cost increases or cost reductions.
(4) For entrepreneurs, the agreed price is subject to the following rules. If the price increases at the time of performance by a change in the market price or by increasing the performance of companies included in the provision charges required by third parties, the higher price applies. If this 20% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be asserted immediately after notification of the increased price.
(5) The purchase price shall be paid within ten days of receipt of the goods and without discount, unless otherwise agreed. The statutory regulations regarding the consequences of late payment and the replacement of a delay damages (§§ 280 II, 286 BGB). For reminders may require fixed price 10,00 € / reminder reimbursement of expenses by the customer BioActive Technology.
(6) The right to offset the customer only if his counterclaims have been legally established, are undisputed or recognized by BioActive Technology. If the customer is an entrepreneur, he is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 Time of performance and transfer of risk
(1) Are provided to us by BioActive Technology Delivery times and been made the basis for the award of the contract to such periods shall be extended to strike, force majeure, and for the duration of the delay. The same applies if the customer does not fulfill any obligations to cooperate.
(2) For entrepreneurs is - if it is clear from the order confirmation otherwise - delivery is agreed ex works.
(3) The risk of accidental loss and accidental deterioration of the sold out - about the delivery of the goods to the consumer - are sent by mail. The handover is the same, if the customer is in default of acceptance.
§ 6 Withdrawal
(1) The customer, who is consumer has the right to withdraw his agreement to the conclusion of the contract will within two weeks after receipt of the goods. The revocation has no justification and must be declared in writing or by returning the goods to BioActive Technology; to meet the deadline, timely dispatch. The revocation must be sent to: BioActive Technology UG (limited liability), winter Straße 4, 86507 Kleinaitingen, E-mail: email@example.com, telephone 08203-963779 Fax: 08203-963778.
(2) In the case of an effective cancellation the mutually received benefits returned and possibly towed uses (eg interest).
(3) If the customer in whole or in part, or return the received power only in deteriorated condition, he must BioActive Technology obliged to pay compensation. This does not apply if the deterioration of the case solely on the test - is due - as it would in a shop have been possible. In addition, the customer can avoid the obligation to pay compensation by not using the goods as an owner and refrains, which impairs their value.
(4) Parcels are returned at the expense and risk of BioActive Technology. The return shipment is free. Not parcel will be picked up by the customer.
§ 7 Liability for defects
(1) If the customer is a consumer liable BioActive Technology in case of defects according to the statutory provisions, insofar as resulting from the following, no restrictions. The consumer has to report obvious defects BioActive Technology opposite within two weeks after the occurrence of the defect. If the display is not within the aforementioned period, void the warranty rights. This does not apply if BioActive Technology fraudulently concealed the defect or should have given a guarantee for the quality of the item.
(2) Guarantees in the legal sense are not the customer of BioActive Technology.
(3) If the customer is an entrepreneur, BioActive Technology reserves the right to choose the type of remedy in case of defects.
(4) If the customer is a consumer, the statute of limitations in the supply of new stuff is two years for delivery of used items one year. The period begins with the transfer of risk. The foregoing shall not apply if it is compensation claims. Claims for damages which rules apply in §. 8
(5) For entrepreneurs, the warranty period is always one year. The period begins with the transfer of risk. The limitation period in the case of recourse under §§ 478, 479 BGB. The foregoing shall not apply if it is compensation claims. Claims for damages which rules apply in §. 8
(6) The warranty liability of BioActive Technology is limited directly on the contract itself for defects. Therefore BioActive Technology shall not be liable for indirect damages (consequential damages), especially for lost profits or other financial damages. This disclaimer does not apply if the damage was caused intentionally or recklessly by BioActive Technology.
§ 8 Liability for damages
(1) The liability for breach of obligations and tort is limited to intent and gross negligence for BioActive Technology. This does not apply to injury to life, body and health of the customer or claims regarding breach of obligations and claims for compensation for damages caused by delay (§§ 280 II, 286 BGB). In that regard, BioActive Technology liable for any degree of fault.
(2) The above disclaimer also applies to negligent breach of duty of the agents of BioActive Technology.
(3) Where a liability for damages that are not based on injury to life, body or health of the customer is not liable for slight negligence barred within one year beginning with the onset of the claim or claims for damages due to a defect from delivery of the thing.
(4) Where compensation liability BioActive Technology excluded or limited, this also applies to the personal liability of employees, workers, employees, representatives and agents of BioActive Technology.
§ 9 Retention of Title
(1) For contracts with consumers, BioActive Technology retains ownership of the purchased goods until full payment of the purchase price.
(2) For entrepreneurs, BioActive Technology reserves the title to the goods until all claims against the customer, even if the specific merchandise has already been paid.
(3) execution activities in the reserved goods, the customer BioActive Technology has zuunterrichten immediately and supply the necessary documents for an intervention; this also applies to any other interference. Regardless, the customer shall be bound to third party beforehand as to the rights subsisting in the product. If the customer is an entrepreneur, he has to bear the costs of an intervention of BioActive Technology, unless the third party is not able to reimburse them.
(4) If the customer is an entrepreneur, he now is, until the settlement occurs BioActive Technology for the case of resale / lease of the goods subject to retention of all claims of BioActive Technology incurred by it from dengenannten shops, claims against his customers as security. When processing of the goods, reshaped or combined with another item, we acquire title to the new thing. This is considered to be reserved goods.
(5) If the value of the security claims of BioActive Technology against the customer by more than 20%, are BioActive Technology freely upon the customer's option and Technology BioActive securities due to a corresponding extent.
§ 10 Limitation own claims
The validity of claims of BioActive Technology is based on the general statutory provisions (§§ 195 et seq. Of the Civil Code), unless otherwise agreed in the contract between the customer and BioActive Technology.
§11 form of declarations
Relevant statements and announcements which the customer against BioActive Technology or upon the conclusion of the contract or its implementation must submit to a third party, in writing. This is also true for the Liberation of the above form requirement.
§ 12 Place of Performance - Choice of Law - Jurisdiction
(1) Unless otherwise provided for in the contract otherwise, performance is the seat of BioActive Technology.
(2) The law of the Federal Republic of Germany shall apply to the contract. This does not apply if special consumer protection rules in the home country of the customer are more favorable (Art. 29 BGB).
(3) For entrepreneurs, German law applies to the exclusion of the UN purchasing law and German, private international law.
(4) If the customer has no general jurisdiction in Germany or in another EU Member State, the sole place of jurisdiction for all disputes arising from this contract the business of BioActive Technology.
(5) For contracts with merchants, legal persons under public law or public law special funds jurisdiction is competent for the place of business of BioActive Technology court.
§ 13 Final Provisions
(1) The customer agrees to the collection, processing and use of personal data explicitly. He has the right to revoke this consent with effect for the future.
(2) If any provision of the contract with the customer including these Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partly ineffective (s) control (s) to be (s) replaced by a provision whose economic success of the invalid provision (s) as closely as possible. The parties are obliged to make a corresponding effective regulation.