GTC - Biocannovea

General Terms and Conditions of www.bioncannovea.com

(Valid from: 25/11/2019)

General information

The General Terms and Conditions apply to the sale and delivery of goods and the provision of services by our company. By clicking on the check box in the shopping basket before placing the order “I have read the GTC and agree to them”, the purchaser agrees to these General Terms and Conditions and is bound by them.

Our range of offers is non-binding. The order placed by the client who is of full legal capacity (persons over the age of 18) constitutes an offer to conclude a purchase contract. The confirmation of receipt of the order subsequently sent by us within the meaning of § 10 para. 2 ECG does not in itself constitute acceptance of the order. The purchase contract is only concluded as soon as we deliver the ordered goods, by sending a second e-mail as order confirmation or by otherwise accepting the client’s offer. All offers on our website are subject to change, non-binding and only available while stocks last.

Order process, order correction, order cancellation

Once you have selected the desired product, you can place it in the shopping basket without obligation by clicking on the button [Add to shopping basket]. You can view the contents of the shopping basket without obligation at any time by clicking on the button [Shopping basket]. You can remove the products from the shopping basket at any time by clicking on the button [x]. If you want to buy the products in the shopping basket,

click [Checkout]. Please then enter your data. Your data will be transmitted in encrypted form. After entering your data and selecting the type of payment and delivery, the button [Send order] will take you to the order page where you can check your entries again. By clicking the button [Order with payment] you complete the ordering process. You can correct your entries by pressing the “back arrow” of the browser. The order process can be cancelled at any time by closing the browser.

Contract language

The content of the contract, all other information, client service, data information and complaint handling are offered in German.

Prices

The prices are valid at the time of the order including statutory VAT plus all expenses incurred in connection with the shipment. They are shown in the shopping basket before the conclusion of the contract and afterwards in a contract confirmation sent to the client. Should export or import duties become due in the course of shipment, these shall also be borne by the client (information on this can be obtained from your responsible customs office).

Revocation

Revocation policy

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Right of revocation

You have the right of revocation from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Biocannovea Produktions & Vertriebs GmbH, Lederergasse 35/DG, 1080 Vienna, Austria, Tel.: +43 1 890 61 17 75, [email protected]) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or by e-mail). You may use the enclosed model revocation form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the withdrawal period.

Consequences of revocation

With your revocation from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your revocation 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; in no case will you be charged 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 without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

If the client is a business, revocation is completely excluded.

Download revocation form

Information for the smoothest possible handling of returns

(1) If possible, please return the item to us in its original packaging. The use of the original packaging is not a “must”, i.e. it is not a prerequisite for the assertion of your right, but it simplifies and males the processing safe for us.

(2) If you only want to return one item from the delivery but have ordered other items that you now want to pay for by invoice, simply deduct the item you have returned from the invoice amount. If you pay by direct debit

, the price for the returned item will automatically not be charged.

The consumer has no right of withdrawal for contracts concerning

goods whose price depends on fluctuations in the financial market over which the business has influence and which may occur within the withdrawal period,
goods which are made to client specifications or are clearly tailored to personal

needs, goods which may spoil quickly or whose expiry date would be exceeded quickly,

goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
goods, which, due to their nature, have been inseparably mixed with other goods after delivery,
alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which cannot be delivered earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control,
sound or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery,
newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications

Payment

In cooperation with Wirecard Central Eastern Europe GmbH, Reininghausstraße 13a, 8020 Graz, Austria, we offer the following payment options. Payment is made to Wirecard in each case:

Instant bank transfer
Credit card (Visa/Mastercard)

Your personal data will be handled by Wirecard in accordance with the applicable data privacy regulations and as specified in Wirecard’s data privacy regulations .

Furthermore, we accept:

PayPal
Prepayment by bank transfer

Late payment

If the client is in default of payment, we are entitled to claim the statutory default interest. The statutory interest rate for monetary claims between businesses from business transactions is 9.2 percentage points above the base interest rate (http://www.oenb.at/Service/Zins–und-Wechselkurse/Anknuepfungszinssaetze.html). However, if the debtor is not responsible for the delay, the default interest rate shall be 4%. In addition, we are entitled to demand a lump sum of 40 Euro from the debtor as compensation for any collection costs in the event of late payment in accordance with § 458 UGB.

The statutory default interest between consumers and businesses is 4 percentage points.

Reminder and collection charges

With any default, the contracting party undertakes to reimburse us for the reminder and collection charges to which we are entitled, even with late payment through no fault of our own, insofar as they are necessary for the appropriate prosecution of the claim and are reasonable in relation to the claim, whereby the contracting party undertakes in particular to reimburse the costs incurred by us with any involvement of a collection agency, insofar as these do not exceed the maximum rates of remuneration due to collection agencies. If we carry out the reminder process ourselves, the debtor undertakes to pay an amount of EUR 25 per reminder and an amount of EUR 5 per half-year for keeping records of the debt relationship in the reminder process.

Default of acceptance

For default of acceptance by clients who have ordered as businesses, we are entitled to store the goods with us, for which we charge a storage fee of EUR 0.1 per calendar day or part thereof. At the same time, we insist on fulfilment of the contract.

Retention of title

We retain title to the delivered service or goods or to the media processed or created by us until receipt of all payments from the business relationship with the client. If the client resells goods subject to retention of title, he shall also pass on the retention of title. The client shall notify us immediately of any third party seizure of our goods subject to retention of title. Pledges, transfers by way of security and similar of the goods subject to retention of title are only permissible with our prior consent. If payment is not made immediately after a reminder in the event of late payment, our goods subject to retention of title shall be returned immediately. The costs of taking back the goods shall be borne by the client.

Data protection

The protection of your privacy is very important to us. In the following we inform you in detail about the handling of your data.

Collection and processing of your data

In principle, you can visit our website without providing any personal information. If you wish to make purchases, subscribe to our newsletter or use certain functions of our website, personal data will be collected.

Data entry

Data on payment by credit card is not collected by us, as the credit card payment is processed via our payment partner Wirecard Central Eastern Europe GmbH.

Our payment partner encrypts your credit card data via SSL (at least 128 bit) during data transmission).

Use and disclosure of your data

We use the data you provide exclusively for the purpose of fulfilling the contract and strictly in accordance with the statutory provisions. For this purpose, your data will be passed on to other businesses, such as the postal service, if necessary. These companies may only use your data for order processing and not for any other purposes and are contractually obliged to us to comply with the statutory provisions on data protection.

However, in the event of a legal requirement, an official order or an official investigation, we are legally obliged to make the respective data available to the authority.

Newsletter

With your consent, we will use your e-mail address to send you our newsletter. You can unsubscribe from our newsletter at any time after registration by contacting the e-mail address in the imprint or by clicking on the unsubscribe link at the end of each newsletter.

Storage of the contract text

We store the contract text and send you the order confirmation by e-mail. For security reasons, your order data is no longer accessible via the Internet.

Use of cookies

We use cookies to make visiting our website attractive and to enable the use of certain functions. These are small text files that are stored on your computer.

The cookies remain on your computer and enable us to recognise your computer on your next visit (long-term cookies). These cookies are used to save the individual selections made by the visitor (e.g. the items placed in a shopping basket), so that they can then be restored in their original state when the respective site is called up again. We use cookies to create non-personalised statistics. The cookies generated have an expiry time of max. 3 months.

You can set your browser so that you are informed when cookies are set, decide on a case-by-case basis whether to accept them or generally exclude the acceptance of cookies. If you do not accept cookies, the functionality of our website may be limited. Under Help in your browser you can find a description of how you can set the common browsers accordingly and accept or reject cookies.

Cookies must be accepted in order to use our shopping basket! If you do not want to accept cookies, you can also order by e-mail. Each time you request a file in the shop, access data is stored. The data stored about you is evaluated exclusively for statistical purposes. A passing on to third parties, also in extracts, by us is excluded.

Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by these cookies about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

Data security

Your contract data is encrypted and transmitted via the Internet using SSL. We secure our website and other systems by technical and organisational measures against loss, destruction, access, changes or distribution of your data by unauthorised persons.

Right to information

According to the DPA 2000 (Data Protection Act), you have the right to free information about your stored data and, if applicable, the right to correct, delete or block this data.

Data protection information

If you have any questions about the collection, processing or use of your personal data, please contact our data protection officer in writing:

Martin Krupitza, Biocannovea Produktions- und Vertriebs G.m.b.H., Lederergasse 35/DG, 1080 Vienna

Use of social media plugins

We use plugins of the social networks (Google, YouTube, Facebook, Instagram, Twitter), which are operated by the following companies: Google, Facebook

When you visit one of our websites that contains such a plug-in, your browser establishes a connection to the respective social network. The social network receives information about your visit to our websites via the plug-in. If you are logged in to (Google, YouTube, Facebook, Instagram, Twitter), your visit can be assigned to your social network account. Any interactions with the plug-in can be stored by the operator of the network.

Information on the use of data collected by the respective social network can be found on the company’s website in the “data protection” or “privacy” section.

If you do not want any data to be collected, please log out of the respective social network before visiting our websites!

Company data of the social networks:

Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, www.facebook.com

YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA, www.youtube.com

Twitter, Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA, www.twitter.com

LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA, www.linkedin.com

XING AG, Gänsemarkt 43, 20354 Hamburg, Germany, www.xing.com

Warranty, liability, guarantee

The warranty is governed by the statutory regulations. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the purchaser or, in the case of services, from the date of completion of the service. In the event of justified deficiencies, the goods shall be replaced or improved free of charge within a reasonable period of time. If replacement or improvement is out of the question (not possible, too much effort, unreasonable, delay, etc.), the purchaser is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion).

Deficiencies that occur are to be notified as far as possible upon delivery or after they become visible, whereby a client’s failure to notify us upon delivery or after they become visible has no influence on the consumer’s warranty claims. If the purchase is a commercial transaction (B2B) for the client, they must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.

Our company is only liable for damages with any intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damage, as well as other property damage, financial loss and damage to third parties against the client, insofar as it is not a consumer transaction, is excluded.

The claim under the guarantee does not limit the statutory warranty. When goods are shipped in consumer transactions, the risk of loss of or damage to the goods shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage themselves without making use of a choice suggested by us, the risk shall pass as soon as the goods are handed over to the carrier.

Applicable law, place of jurisdiction

The contracting parties agree that Austrian law shall apply. If the consumer has their domicile or habitual residence in Austria or if they are employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against them; this does not apply to legal disputes that have already arisen. The UN Sales Convention and all regulations relating to the UN Sales Convention are expressly excluded.

For contracts with companies, our registered office is agreed as the place of jurisdiction.

Place of performance for business transactions

The place of performance for all services arising from the contract is our registered office.

Copyright

All news, graphics and the design of our website are exclusively for the personal information of our clients and are protected by copyright.

Arbitration board

We undertake to participate in the Internet Ombudsman’s arbitration procedure in the event of disputes:

www.ombudsmann.at

Internet Ombudsman, Margaretenstraße 70/2/10, A-1050 Vienna

More detailed information on the types of procedure at www.ombudsmann.at or in the

respective procedural guidelines:

Procedural guidelines of the Internet Ombudsman for alternative dispute resolution under the

AStG (AStG arbitration procedure)

http://www.ombudsmann.at/media/file/67.Richtlinien_Internet_Ombudsmann_AStGVerfahren.

pdf

Guidelines for the conciliation procedure with the Internet Ombudsman outside the

scope of application of the AStG (standard procedure)

https://secure.ombudsmann.at/media/file/66.Richtlinien_Internet_Ombudsmann_Standard-

Verfahren.pdf

For the settlement of disputes with our company, the OS platform

can also be used: http://ec.europa.eu/consumers/odr

Our e-mail address: [email protected]

Delivery

Delivery is by post or forwarding agent

If not all ordered items are available for immediate delivery, the items that are available for immediate delivery will be delivered immediately and additional items will be delivered as soon as they are available. However, the delivery costs will only be charged once per order, even with partial delivery.

Shipping costs

The prices shown in the list below are net prices. The VAT rate applicable to the delivery (10% or 20%) is determined by the products in the shopping basket.

[Shipping costs]

Storage of the contract

The order and purchase of a product in the webshop constitutes a contract. This is stored with us and can be requested by you after completing the order process. You can print out the order data immediately after submitting it. To do this, you can either use the subsequent “Your order” page or the “Confirmation of receipt” mail.

Other

Recourse claims within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.

The contracting party waives the possibility of offsetting. However, this does not apply