General terms and conditions and data protection from www.biocannovea.de
(valid from: September 15, 2022)
- General
The General Terms and Conditions apply to the sale and delivery of goods and the provision of services by our company. By clicking the checkbox in the shopping cart before placing the order “I have read and agree to the General Terms and Conditions”, the buyer agrees to these General Terms and Conditions and is bound by them.
Our range of offers is non-binding. The order from the fully legally competent customer (persons aged 18 and over) represents an offer to conclude a purchase contract. The confirmation we subsequently send of receipt of the order within the meaning of Section 10 Paragraph 2 ECG does not in itself constitute acceptance of the offer The purchase contract is only concluded as soon as we deliver the ordered goods, by sending a second email as an order confirmation or by otherwise accepting the customer 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 product you want, you can add it to the shopping cart without obligation by clicking the [add to cart] button. You can view the contents of the shopping cart at any time without obligation by clicking on the [Shopping cart] button. You can remove the products from the shopping cart at any time by clicking on the [x] button. If you want to buy the products in the shopping cart, click
the [Checkout] button. Please then enter your details. Your data is transmitted encrypted. After entering your data and selecting the type of payment and delivery, you will be taken to the order page using the [Submit order] button, where you can check your entries again. By clicking the [order with payment] button you complete the ordering process. You can correct the entries by pressing the browser’s “back arrow”. The ordering process can be canceled at any time by closing the browser.
- Contract language
The contract content, all other information, customer service, data information and complaint resolution are offered in German.
- Prices
The prices apply at the time of ordering, including VAT plus all shipping costs. They can be seen in the shopping cart before the contract is concluded and then in a contract confirmation sent to the customer. If export or import taxes become due during shipping, these will also be borne by the purchaser (you can obtain information about this from your local customs office).
- revocation
Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must contact us (VinoVin GmbH, Ulmer Strasse 51 , 73431 Aalen, email: info@biocannovea.de, Telephone: +49 171 141 8423 ) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
If the customer is an entrepreneur, revocation is completely excluded.
Information on how to process returns as smoothly as possible
(1) If possible, please send the item back to us completely in the original packaging. The use of the original packaging is not a “must”, i.e. not a prerequisite for asserting your rights, but it simplifies and secures the process for us.
(2) If you only want to return one item from the delivery, but have ordered additional items that you now want to pay for by invoice, simply deduct the item you returned from the invoice amount. If you pay by direct debit, the price of the returned item will automatically not be charged.
The consumer has no right of withdrawal from contracts
- Goods whose price depends on fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period,
- Goods that are made to customer specifications or clearly personal
needs, goods that can spoil quickly or whose expiry date would quickly be exceeded,
- Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery,
- Goods that, due to their nature, were inseparably mixed with other goods after delivery,
- alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
- Audio or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery,
- Newspapers, magazines or magazines, with the exception of subscription contracts for the delivery of such publications
- payment
We offer all common payment options.
- Late payment
If the customer defaults on payment, we are entitled to demand the legally regulated default interest. The statutory interest rate for monetary claims between entrepreneurs from business transactions is 9.2 percentage points above the base interest rate. However, if the debtor is not responsible for the delay, the default interest rate is 4%. In addition, in the event of late payment in accordance with Section 458 UGB, we are entitled to demand a flat rate of 40 euros from the debtor as compensation for any debt collection costs.
The statutory default interest between consumers and entrepreneurs is 4 percentage points.
- Dunning and collection costs
In the event of a delay, even if late payment is through no fault of our own, the contractual partner undertakes to reimburse the reminder and collection costs to which we are entitled insofar as they are necessary for the appropriate legal action and are appropriate in relation to the claim, whereby he undertakes in particular, in the event of recovery a debt collection agency to reimburse the costs we incur as a result, provided these do not exceed the maximum rates of remuneration due to the debt collection agency. If we operate the dunning 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 in the dunning process.
- delay of acceptance
In the event of a delay in acceptance by customers who have ordered as an entrepreneur, 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 contract fulfillment.
- Retention of title
We reserve ownership of the service or goods delivered or the media processed or created by us until all payments from the business relationship with the customer have been received. If the customer resells goods subject to retention of title, he must also pass on the retention of title. The customer must immediately report any access by third parties to our goods subject to retention of title. Pledges, transfers of security and similar items of the goods subject to retention of title are only permitted 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 must be returned immediately. The return costs are borne by the customer.
- data protection
VinoVin GmbH
Ulmer Strasse 51
73431 Aalen
Email: info@biocannovea.de
Telephone: +49 171 141 8423
Use of social media plugins
We use social network plugins (Google, YouTube, Facebook, Instagram, Twitter), which are operated by the following companies: Google, Facebook
If you access one of our websites that contains such a plugin, your browser will establish a connection to the respective social network. The social network receives information about your visit to our websites via the plugin. 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 plugin can be saved by the network operator.
Information about the use of the 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!
Social network company data:
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 based on the legal provisions. It is limited to the statutory period of 24 months from the time the buyer takes delivery of the goods or, in the case of services, from the completion of the service. If there are justified complaints about defects, either a free replacement or an improvement will be made, for which a reasonable period of time must be granted. If an exchange or improvement is not possible (not possible, excessive effort, unreasonable, delay in deadline, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (cancellation).
Any defects that occur must be reported upon delivery or after they become visible, whereby failure to disclose them 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 customer, he must inspect the goods no later than 2 weeks after receipt and report it to us immediately if a defect is discovered.
Our company is only liable for damages caused by intent or gross negligence. This does not apply to personal injury or consumer transactions. Unless it is a consumer transaction, the injured party must prove the existence of slight or gross negligence. Compensation for (defect) consequential damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.
Claiming the guarantee does not limit the statutory warranty. When shipping the goods in consumer transactions, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and other than the carrier. However, if the consumer has concluded the transport contract himself without using one of the options we have suggested, the risk is transferred to the carrier when the goods are handed over.
- Applicable law, place of jurisdiction
The contractual partners agree on the application of Austrian law. If the consumer has his domicile or habitual residence in the country or is employed in the country, an action against him can only be brought under the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions that refer to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
Our company headquarters is agreed as the place of jurisdiction for contracts with companies.
- Place of performance for entrepreneurial transactions
The place of performance for all services under the contract is our company headquarters.
- copyright
All messages, graphics and the design of our website are intended solely for the personal information of our customers and are protected by copyright.
- Arbitration Board
Our email address: service@biocannovea.de
- Delivery
Delivery takes place by post or courier
If not all items ordered are available for immediate delivery, those that are available for immediate delivery will be delivered immediately and others will be delivered as soon as they are available. However, the delivery costs are only charged once per order, even for partial deliveries.
- Shipping
Shipping costs are calculated individually during the ordering process depending on the order value and delivery location.
- Storage of the contract
Ordering and purchasing a product in the online shop constitutes a contract. This is stored by us and can be requested by you after completing the ordering process. You can print out the order details immediately after sending. To do this, you can either use the subsequent “Your order” page or the “Confirmation of receipt” email.
- Miscellaneous
Claims for recourse within the meaning of the Product Liability Act are excluded unless the person entitled to recourse proves that the error was caused within our sphere and was at least due to gross negligence.
The contractual partner waives the possibility of offsetting. However, this does not apply to consumers.