For business relations between the user and biozoom Services GmbH, Wilhelmshöher Allee 273a, 34131 Kassel, the following general contract terms apply in their valid version at the time of order. biozoom Services GmbH (below called biozoom) does not recognize conditions other than these, unless biozoom has expressly agreed on their validity in writing.
2. Contracting party
biozoom is marketed by biozoom Services GmbH. If a contract is concluded (see §3), biozoom Services GmbH is the contractual partner.
biozoom Services GmbH
Wilhelmshöher Allee 273a
Phone: +49 (0) 561/ 52141-0
Fax: +49 (0) 561/ 52141-11
3. Contract conclusion
The customer, at the time of ordering, makes a legally binding offer to conclude a contract with biozoom. The purchase agreement was created as a result of biozoom’s acceptance of the customer’s offer through shipment of the goods. The automatically generated confirmation email after receiving the order does not represent a declaration of acceptance by biozoom, but only confirms biozoom received the offer. Even the transmission of account data via email for prepayment is not a statement of acceptance by biozoom. The contract text is saved. Concrete order data is shown in the receipt confirmation, which the customer will receive from biozoom via email. The customer can view or download the General Biozoom Agreement Terms at any time on this page.
4. Instructions on the right of withdrawal
Right to withdraw: The customer has the right to withdraw from this contract within fourteen days without providing any reason. The revocation period is fourteen days from the day that the customer or a third person named by this (who is not the courier) took possession of the goods.
In order to exercise the right of withdrawal, it is necessary to send an unequivocal statement (e.g. by mail, fax or e-mail) regarding the decision to cancel the contract at: biozoom services GmbH, Wilhelmshöher Allee 273a, 34131 Kassel, E-mail: firstname.lastname@example.org, Fax: .49 (0) 561 / 52141-11.
You can use the template withdrawal form on the site, which is not required. The customer can fill out and send electronically the withdrawal form present in the template or any other unequivocal statement on our website www.mybiozoom.de. If you use this option, we will promptly send the customer (e.g. email) a confirmation of receipt of withdrawal. In order to meet the withdrawal time, it is enough to send the notice of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal: If you withdraw from this contract, the company agrees to repay all payments received from the customer, including shipping costs (except for the additional costs that result from having chosen a different type of delivery than the one standards offered by us), immediately and in any case no later than fourteen days from the day the notification of the termination of this contract was received. For this refund, we use the same means of payment used in the original transaction, except for different agreement with the customer; Under no circumstances will the customer be charged the reimbursement fees.
The customer must return the goods to us biozoom services GmbH, Wilhelmshöher Allee 273a, 34131 Kassel immediately and in any case no later than fourteen days from the date of the termination of the contract. The deadline is met if you send the goods before the expiration of the fourteen-day period. The customer must bear the costs of returning the goods.
5. Exclusion of the right of withdrawal
The right of withdrawal does not apply if the customer is an entrepreneur under the paragraph §14 of the German civil code (BGB), who acts in the exercise of their commercial or self-employment. The right of withdrawal does not apply to computer media provided with audio or video recordings or software, if the computer support has been unsealed by the customer. The right of withdrawal does not apply to goods specially manufactured or assembled according to the wishes of the customer, if the individual components can be separated only at disproportionately high costs or with a significant loss of their substance or functionality.
6. Delivery, subsequent delivery
Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. The information on the delivery period is not binding, unless the delivery date has been exceptionally agreed on in a binding manner. In individual cases, biozoom offers the ability to send, when available, a product that is initially unavailable (subsequent delivery). For subsequent delivery, the customer does not pay additional shipping costs or marking costs.
7. Exchange of goods
biozoom is not obliged to change goods without defects. Biozoom is normally committed to meeting goods replacement requests as much as possible. For the return of the goods due to a change, biozoom can apply additional shipping costs. The right of withdrawal of the customer (see 4) is in no way limited or excluded from this regulation.
The customer can pay from all over Germany with PayPal and with prepayment. Invoice payment and electronic direct debit are not possible for new customers. biozoom reserves the right to exclude invoice payment methods and direct debit methods even for existing customers or to reject them for individual orders. We ask our customers from abroad to pay exclusively by credit card or prepayment. In the case of credit card and direct debit payments, accounting will only be done by biozoom when goods are shipped. In the case of prepayment, the customer will have to pay the amount set in advance directly to the biozoom account. Please note that in the case of prepayments (especially from abroad) you may need to pay your bank costs. The full invoice amount must be received by biozoom. If you choose to pay cash on delivery, biozoom can later change the payment method to a payment by invoice that is more convenient for the customer.
9. Expiration and delay
The purchase price is due immediately at the conclusion of the contract. If you pay by invoice, the invoice contains the due date. In the case of non-payment, biozoom has the right to charge the default interest.
10. Reminder fees
If the payment of the purchase price due is not paid despite the first reminder, biozoom has the right to request a reminder fee of EUR 5 for the second reminder.
11. Compensation, right of retention
The customer can only take advantage of the right to compensate if his claims have been legally established or recognized by biozoom. The customer may exercise the right of retention only to the extent that the counterclaim is based on the same contractual relationship.
12. Property retention
The goods remain biozoom owned until the full payment has been made.
13. Guarantee and Responsibility
Legal guarantee provisions apply. The warranty period is 2 years and begins with the delivery of the goods. Warranty requests are initially limited to subsequent delivery (defect correction or replacement delivery). Unless otherwise stated, further claims are excluded, regardless of legal reasons. biozoom is therefore not responsible for the damage that did not arise on the delivery item itself; Specifically, biozoom is not responsible for loss of profits or other financial losses. To the extent that biozoom liability is excluded or limited, this also applies to the personal responsibility of employees, representatives and proxy agents. The above liability limitation does not apply if the cause of the damage is based on intent or gross negligence or if there is an attack on life, body or health. In addition, the disclaimer does not apply if the requests are claimed under Section 1, 4 of the Product Responsibility Act. In addition, the liability limitation does not apply in the event of a violation of a material contractual obligation.
14. Data protection and security
15. Applicable law
The entire legal relationship between the client and biozoom services GmbH is based on German law. The United Nations (CISG) sales law does not apply.
Alternative resolution of disputes under Article 14 of the ODR-VO and 36 VSBG:
The European Commission provides an online dispute resolution platform available at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration panel.