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General Terms and
Conditions of Business

Terms & Conditions

1. Scope of application

The following GTC apply to all orders placed via the online store of Bioplasmar GmbH (hereinafter referred to as “Bioplasmar”). The online store is aimed at consumers and companies (hereinafter referred to as “Customers”). 

A consumer is any natural person who enters into a legal transaction, the purpose of which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a legal entity or natural person or a partnership with legal capacity that exercises its commercial or independent professional activity when concluding a legal transaction.

2. Contractual partner, conclusion of contract

The purchase contract is concluded between Bioplasmar and the Customer. The presentation of the products in the online store represents a non-binding online catalog. It does not constitute a legally binding offer. The Customer has the possibility to place the products in the shopping cart without obligation and to correct the entries at any time before sending the binding order.

By clicking the order button, the binding order of the products in the shopping cart is transmitted. The customer will then receive an order confirmation by e-mail. 

When the contract is concluded depends on the payment method requested by the customer:

Credit card

By sending the order, the customer transmits his credit card data to Bioplasmar. After the legitimation as a legitimate cardholder, Bioplasmar requests the credit card company to initiate the payment transaction and thus decides the contract.

PayPal

During the ordering process, the customer is redirected to the PayPal website. There he enters the payment details and confirms the payment instruction to PayPal. After placing the order in the store, Bioplasmar asks PayPal to initiate the payment transaction and thus decides the contract.

3. Contract language, contract text storage

The language on which the contract is based is German. Bioplasmar cannot be held liable for any errors resulting from the translation of the contract into another language.

Bioplasmar shall store the text of the contract and transmit the order data to the Customer by e-mail.

4. Terms of delivery

It is not possible to pick up the goods yourself. Bioplasmar delivers only by mail order.

5. Non-deliverable items

If an item is not available for delivery, Bioplasmar will inform the Customer of the non-deliverability upon receipt of the order.

If binding delivery deadlines cannot be met for reasons beyond Bioplasmar’s control, Bioplasmar undertakes to inform the Customer thereof without delay and to notify the Customer of the expected new delivery deadline. If the service is still not available within the new delivery period, Bioplasmar and the Customer shall be entitled to withdraw from the contract in whole or in part. Payments already made shall be refunded promptly.

6. Retention of title

The ordered goods remain the property of Bioplasmar until full payment has been received.

7. Transport damages

If a delivered good has obvious transport damages, the Customer is obliged to claim such defects immediately to the deliverer and to inform Bioplasmar about it. Failure to make a complaint or to contact Bioplasmar will not have any consequences for the Customer’s legal rights. However, it is important to inform Bioplasmar that Bioplasmar may make its own claims against the carrier or the transport insurance company.

8. Warranty and guarantees

The legal liability for defects applies.

Information on possible further warranties and their exact conditions can be found by the customer, if applicable, at the respective product in the online store.

9. Customer service

In case of questions, complaints or claims, Customer may contact Bioplasmar by e-mail at info@bioplasmar.de.

10. Right of return / complaints

The customer has the right to revoke the contract within fourteen (14) days without giving any reason.

The revocation period shall commence from the day on which the Customer or a third party designated by the Customer has taken possession of the last partial shipment or the last item.

In order to exercise the right of withdrawal, the Customer must notify Bioplasmar of the decision to withdraw by means of a clear written statement (by post, fax or e-mail). The notification must be sent before the expiry of the withdrawal period.

11. Consequences of the revocation

In the event of a revocation of the contract, Bioplasmar is obliged to refund all payments already made by the Customer within fourteen (14) days after receipt of the revocation.

Delivery costs will be fully refunded if the Customer has chosen standard delivery. For other types of delivery, costs may be incurred, which the customer must bear.

The refund will be made using the same means of payment that the Customer used for the original transaction. If the Customer and Bioplasmar agree on another form of refund, such agreement shall be in writing and may be subject to additional charges.

Bioplasmar has the right to refuse the refund until they have received the goods back, or the Customer has provided proof that they have returned the goods.

The Customer is obliged to return or hand over the goods to Bioplasmar without undue delay and at the latest within fourteen (14) days from the revocation of the contract. The deadline shall be deemed to have been met if the Customer sends the goods before the expiry of the deadline. The costs of returning the goods shall be borne by the Customer.

The Customer shall be liable for any loss in value of the goods if such loss in value is due to handling which is not necessary for the inspection of the condition, properties and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

  • Contracts for the delivery of quickly perishable goods or whose expiration date has quickly passed.
  • Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed.
  • Contracts for the delivery of goods if they have been inseparably mixed with other goods.

12. Discounts

Only one discount can be used for each order. Discounts (e.g. discount codes) cannot be combined with each other.

13. Liability

Bioplasmar shall be liable without limitation:

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • in case of warranty promises, as far as agreed,
  • as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations (cardinal obligations) due to ordinary negligence on the part of Bioplasmar, its legal representatives or vicarious agents, liability shall be limited to the amount of damages foreseeable at the time of the conclusion of the contract. Any further claims for damages shall be excluded.

14. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS) at https://ec.europa.eu/consumers/odr/. eine Plattform zur Online-Streitbeilegung (OS) bereit.

Bioplasmar is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

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