Terms and Conditions

BioProphyl® GmbH
Erlenweg 2, 56729 Nitz
Tel.: 02656 – 952 380
Fax: 02656 – 952 381

Commercial Register: HRB 12657, District Court of Wittlich
VAT ID No.: DE149265223
Managing Directors: Ingomar Devooght

§1 Scope

(1) The following terms and conditions are part of every contract between BioProphyl® GmbH, Erlenweg 2, 56729 Nitz, represented by the managing director, Ingomar Devooght, (hereinafter referred to as "Seller") and the buyer.

(2) The seller provides its services exclusively based on these terms and conditions. You can access our terms and conditions online at any time on our website. We store the contract text and send you the order data and our terms and conditions by email. You can view and change your contact details at any time in the "My Account" section after entering the requested data. There you will also find an overview of your previous orders.

§2 Conclusion of Contract

(1) The presentation of the goods, especially on the Internet, does not constitute a binding offer from the seller. The contract is only concluded with the acceptance of the order by the seller.

(2) You can freely choose from the available products and place goods in the shopping cart by clicking the "Add to Cart" link. You can change or completely empty the shopping cart by selecting the "edit" option in the menu. Changes can be made using the mouse. By clicking the "buy" button, you submit a binding order for the goods in the shopping cart.

(3) The confirmation of receipt of your order occurs together with the acceptance of the order. The purchase contract is concluded with this confirmation email.

§3 Delivery Conditions

(1) Delivery takes place within 5 working days, unless otherwise specified for the product. Working days are considered Monday to Friday, excluding public holidays. The period begins with the payment order to the transferring bank for prepayment by bank transfer and, for all other payment methods, with the conclusion of the contract.

(2) If the seller incurs additional shipping costs due to the specification of an incorrect delivery address or recipient, these costs must be reimbursed by the buyer unless they are not responsible for the incorrect information.

§4 Payment Terms

(1) The purchase price is due for payment without deduction upon delivery of the ordered goods. The buyer may pay the purchase price via bank transfer, direct debit, prepayment, PayPal, credit card (Visa/Mastercard), Giropay, or Sofortüberweisung. For first orders or orders with a very high order value, we reserve the right to only deliver these via cash on delivery, prepayment, or PayPal payment. Cash on delivery shipments will incur additional cash on delivery fees. For direct debit, debits usually occur within two weeks but no earlier than one day after the delivery of the goods.

(2) All prices are end customer prices, including statutory VAT, but excluding shipping costs.

§5 Retention of Title

The goods remain the property of the seller until full payment has been made.

§6 Legal Warranty Rights

(1) The legal warranty rights apply as long as nothing to the contrary is agreed in § 7 paragraphs 2 and 3.

(2) The limitation period for claims under the warranty begins with the handover of the goods and is 24 months if the buyer is a consumer. If the buyer acts for a commercial or independent professional purpose (entrepreneur under § 14 BGB), the period is 12 months. However, this limitation of the warranty period does not apply to damages arising from injury to life, body, or health, the breach of essential contractual obligations (handover and transfer of ownership of the goods), and damages caused by intentional or grossly negligent behavior. In these cases, the statutory limitation periods apply.

(3) For merchants, the legal regulations on inspection and complaint obligations under the German Commercial Code (HGB) apply.

§7 Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us (BioProphyl® GmbH, Erlenweg 2, 56729 Nitz, E-mail: [email protected] or Fax: 02656 / 952 381 or Telephone: 02656 / 952 380) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached sample withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery we offer) without undue delay and no later than fourteen days from the day we receive your notice of withdrawal. We will use the same payment method for the refund that you used for the original transaction unless expressly agreed otherwise; in any case, you will not incur any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods to us without undue delay and, in any event, no later than fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Model Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it to us:

The withdrawal is to be addressed to:

In writing to BioProphyl® GmbH, Erlenweg 2, 56729 Nitz
Via email to [email protected]
Via Fax to 02656/952381
Or by phone to 02656/952380

Hereby, I/we (*) revoke the contract I/we concluded for the purchase of the following goods (*) / the provision of the following service (*):

________________________________________

Ordered on (*) / received on (*):

________________________________________

Name of the consumer(s):

________________________________________

Address of the consumer(s):

________________________________________

Signature of the consumer(s) (only for notification on paper):

________________________________________

Date:

________________________________________

(*) Delete as appropriate

§8 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. Mandatory provisions of the state in which the buyer has their habitual residence remain unaffected. The contract language for this online shop is German.

(2) The European Commission has established an Internet platform for online dispute resolution. This platform allows consumers and traders to settle disputes related to online purchase or service contracts out of court. The platform is available at http://ec.europa.eu/consumers/odr.

(3) BioProphyl GmbH does not voluntarily participate in alternative dispute resolution proceedings before a consumer arbitration board.

(4) If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the seller's registered office.

(5) The contract remains binding even in the event of the legal ineffectiveness of individual points in its remaining parts. The statutory provisions shall apply in place of the ineffective points, if available.

Version of the GTC: 15.09.2021

Data Protection Notice:
You can find our data protection declaration at
https://www.bioprophyl.de/Datenschutz/