General Terms and Conditions for biomes.world Online Shop
1. General terms and conditions for users – online shop
§ 1 SCOPE, CONTRACTUAL LANGUAGE
(1) These general terms and conditions (GTC) apply to contracts concluded via the online shop between you and us, BIOMES NGS GmbH i.G. (Schwartzkopffstr. 1, 15745 Wildau, HRB 235613 B, VAT-Number DE350601086), represented by Dr. Paul Hammer.
(2) The language for the conclusion of the contract is exclusively German. Translations of these general terms and conditions into other languages are for your information only. In the event of any differences between the German text and the current version, the German takes priority.
§ 2 APPLICABLE LAW, OBLIGATORY CONSUMER PROTECTION RULES
(1) Claims arising from our business relationship shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) In the event that you have your habitual residence in a member state of the European Union, German law also applies, whereby compelling provisions of the state in which you have your habitual residence remain unaffected.
§ 3 CONCLUSION OF CONTRACT
(1) The presentation of the goods and services in our online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) By clicking on the “Binding Order” button in the last step of the ordering process, you submit a binding offer to purchase or book the goods and/or services displayed in the order summary. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute acceptance of your offer to conclude a contract. A contract between you and us comes about as soon as we accept your order and/or booking via a separate e-mail or ship the goods. Please regularly check the SPAM folder of your e-mail inbox.
(3) You can select goods for purchase and/or services for booking in our online shop by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the order process. After selecting the item in the shopping cart and specifying all the required order and address data in the next step, pressing the “Next” button opens a page in which the essential item details, including costs, are summarized again. You can correct your entries or refrain from concluding the contract until then. Only by subsequently pressing the “Binding Order” button is a binding offer within the meaning of paragraph 2 made.
(4) The place of performance is the registered office of our company (Wildau, Brandenburg).
§ 4 NOTICE ON CORRECTIONS
As part of the ordering process, you first put the desired goods or services in the shopping cart. There you can always change the desired quantity or completely remove selected goods or services. Once you have deposited goods or services there, you can click on the “Next” button to access a page where you can enter your data and then select the shipping and payment method. Finally, a summary page will open, where you can check your details. You can correct your input errors (e.g. with regard to payment method, data or the desired quantity) by clicking on “Edit” in the respective field. If you want to cancel the order process completely, you can simply close your browser window. Otherwise, after clicking on the “Binding Order” confirmation button, you make a binding order pursuant to § 3 para. 2 of these GTC.
§ 5 STORAGE OF THE CONTRACT
The contract terms with details of the ordered goods and/or booked services including these general terms and conditions and the withdrawal policy will be sent to you by e-mail with acceptance of the contract offer or with the notification thereof. Storage of the contract terms by us does not take place.
§ 6 COLLECTION, STORAGE AND PROCESSING OF YOUR PERSONAL DATA
(1) You can order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not have to enter your personal details every time, but you can simply log in to your customer account with your e-mail address and the password you have chosen when registering before or during an order.
(2) To carry out and process an order, we require the following data from you:
– First and last name
– E-Mail address
– Postal address
(3) If you would like to create a customer account, we require from you the data mentioned in para. 2 as well as a freely chosen password.
(4) We will use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order(s), for example for the delivery of goods to the address specified by you. When paying by bank transfer, we also use your bank details for payment. Any further use of your personal data for the purposes of advertising, market research or for the needs-based design of our offers requires your express consent. You have the opportunity to give this consent before placing a binding order. This declaration of consent is entirely voluntary and can be viewed on our website and revoked at any time.
(5) The data you have provided remains in your customer account until you delete it yourself. In addition, or in the case in which you only order or book as a guest, without creating a customer account, we store your data only in the context of our tax and commercial obligations.
(6) If your personal information changes, you are responsible for updating it yourself. All changes can be made online after logging in under “My Account”.
§ 7 PAYMENT TERMS AND ASSIGNMENT
(1) The purchase price is due immediately upon ordering.
(2) BIOMES shall be entitled to assign the claims arising from this business relationship.
(3) BIOMES has assigned its receivables to aifinyo finance GmbH under a current factoring agreement. Payments can only be made with debt-discharging effect to aifinyo finance GmbH to the account IBAN: DE29 1203 00001021 6749 06, BIC: BYLADEM1001 at Deutsche Kreditbank Berlin. Please send cheques directly to aifinyo finance GmbH, Tiergartenstraße 8, 01219 Dresden, quoting the invoice number and our name. Payments with debt-discharging effect can only be made to aifinyo finance GmbH to the account IBAN: DE29 1203 0000 1021 6749 06, BIC: BYLADEM1001 at Deutsche Kreditbank Berlin. Due to the assignment of the fee claim, aifinyo finance GmbH acts as the claim holder vis-à-vis me. In the event of a dispute, any objections to the claim shall be raised and asserted against aifinyo finance GmbH.
(4) BIOMES shall collect, store, process, use and forward to aifinyo finance GmbH all personal data and documents necessary for this purpose, in particular name, address, invoice number and invoice amount, for the purpose of issuing the invoice as well as for the collection and, if necessary, the enforcement of the claim in court.
(5) Payments are in any case to be set off in accordance with § 366 para. 2 BGB (German Law).
§ 8 RESERVATION OF TITLE
(1) The goods shall remain our property until full payment of all outstanding and also future claims. In the case of open accounts, these goods subject to retention of title serve as security for our balance claim, which also includes any recourse claims, in particular from any liability under cheques or bills of exchange. You are entitled to process or handle the goods subject to retention of title in the ordinary course of business. You shall not acquire any title by virtue of any processing, transformation or alteration of the Reserved Goods, as the Customer shall carry out such processing, transformation or alteration on behalf of BIOMES, but without any obligation on the part of BIOMES. In the event that you process, transform, combine, mix and/or blend the goods subject to retention of title with other goods not belonging to us, BIOMES shall be entitled to co-ownership of the manufactured item in the ratio of the invoice value of the processed goods subject to retention of title to the sum of the values of all other goods used in the manufacture. If you acquire full ownership of the new item, you and BIOMES agree that you grant BIOMES co-ownership of the new item in the ratio of the invoice value of the processed or combined, mixed or blended goods to the values of the other goods used. You shall hold the resulting full or co-ownership in safe custody for BIOMES free of charge. You may sell the goods subject to retention of title in the ordinary course of business. The relevant claims of you against your customers – in the event of processing, transformation, combination, mixing or blending in the corresponding aforementioned proportionate amount – are hereby assigned to BIOMES accepting this assignment in the corresponding amount. You are entitled to collect these claims until revoked by BIOMES, which is permissible and effective at any time. If the Customer is in default of payment towards BIOMES, you shall be entitled to revoke the direct debit authorisation and/or to demand the surrender of the reserved goods, without the Customer having a right of retention against this claim for surrender, where the counterclaim is not based on the same contractual relationship, and without BIOMES thereby withdrawing from the contract. In the event of a revocation of the direct debit authorisation, BIOMES shall be entitled to notify the third party debtor of the assignment and to demand payment to BIOMES; you shall be obliged to immediately provide the information required to assert our rights and to hand over copies of the required delivery and invoice documents to BIOMES. If the value of the securities existing for BIOMES exceeds the claims of BIOMES not only temporarily by a total of more than 10 %, BIOMES shall, upon your request, release securities in the corresponding amount at its discretion.
(2) Withdrawal from the contract shall not be required in order to enforce the retention of title unless you are a consumer.
§ 9 DELIVERY CONDITIONS
(2) Our services are provided exclusively on the basis of our terms of delivery. Any conflicting terms and conditions on your part shall only be binding on us if and insofar as we have expressly acknowledged them in writing. Our terms and conditions of delivery shall also apply if we carry out the delivery to you without reservation in the knowledge that your terms and conditions conflict with or deviate from our terms and conditions of delivery.
§ 10 RIGHT OF WITHDRAWAL
As a consumer, you are entitled to a right of withdrawal in accordance with the instructions in the appendix. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
§ 11 WARRANTY FOR PURCHASED GOODS
(1) Insofar as the goods purchased and delivered in/from our online shop are defective, you are entitled within the scope of the statutory provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.
(2) The period of limitation of warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects, which we have fraudulently concealed, become statute-barred within the regular limitation period.
(3) You are also entitled to rights for defects within the scope of a quality and/or durability guarantee, insofar as we have expressly submitted such a guarantee in relation to the item sold in individual cases.
§ 12 LIMITATION OF LIABILITY
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you, the customer, can regularly rely. In the latter case, however, we are liable only for the foreseeable, contract-typical damage. We are not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability do not apply in case of injury to life, body and health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of the art, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We are not liable for the constant and uninterrupted availability of our online retail system.
§ 13 FINAL PROVISIONS
(1) The terms and conditions set out here are complete and conclusive. Amendments and additions to these GTC should be made in writing in order to avoid any ambiguity or dispute between the parties as to the respective contractual content.
(2) Insofar as you were domiciled or ordinarily resident in Germany upon conclusion of the contract and have either relocated from Germany at the time of the legal action or your place of residence or usual whereabouts is unknown at this time, the place of jurisdiction for all disputes is our registered official address in Wildau, Brandenburg.
(3) We remind you that in addition to the ordinary legal process, you also have the possibility of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at this internet address.
Our e-mail address is: email@example.com According to § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be ineffective, this shall not affect the remainder of the contract.
Consumer information, withdrawal policy and rebate form
If you order goods when you visit our online shop, we would like to point out the following:
(1) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for information only. In case of contradictions, the German text has priority.
(2) Please refer to the individual product descriptions within the scope of our internet offer for the main features of the goods and services offered by us as well as the period of validity of temporary offers.
(3) The presentation of our goods does not constitute a binding offer on our part. Only the order of goods through you is a binding offer according to § 145 BGB. In the case of acceptance of this offer, we will send you an order confirmation by e-mail or ship the goods. This represents the conclusion of the purchase contract between you and us.
(4) You can recognize any input errors when placing your order during the final confirmation before checkout and correct them at any time the help of the deletion and change function before sending the order.
(5) Should the goods ordered by you not be available, we reserve the right not to provide the goods, whereby we shall inform you about this immediately before the conclusion of the contract.
(6) The prices quoted by us are final prices including taxes. The shipping costs are shown separately for the respective products as well as in the order summary.
(7) The purchase price is due immediately with the order. Payment of the goods may be done by credit card (we use the transmission method “SSL” to encrypt your personal data), by bank transfer or via our payment service provider. Our bank details are Berliner Volksbank, IBAN DE32100900002714889004, BIC BICBEVODEBB.
(8) We remind you that in addition to the ordinary legal process, you also have the possibility of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at this internet address.
Our e-mail address is: firstname.lastname@example.org. Pursuant to § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(9) The data required for the execution of the contract between you and us is stored by us and are accessible to you at any time. In that regard, we refer to the data protection regulations in our GTC.
(10) We refer to our GTC for all other matters
BIOMES NGS GmbH, District Court Cottbus (HRB 13358 CB),
Schwartzkopffstr. 1 in 15745 Wildau,
represented by the CEO Dr. Paul Hammer.
(11) As a consumer, you have a right of withdrawal according to the following instructions:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. 
In order to exercise your right of withdrawal, you must inform us, BIOMES NGS GmbH, Schwartzkopffstr. 1, 15745 Wildau, + 49 03375 585 62 40 and email@example.com, by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form template, which is not required.
In order to meet the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Damaged, dirty or opened INTEST.pro kits as well as opened probiotic packs are not refundable.
Consequences of withdrawal
If you withdraw from this contract, we must repay to you all all payments we have received from you, including delivery charges (except for additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer), immediately and at the latest within fourteen days from the date on which the notification of your withdrawal from this contract has reached us. For this repayment, we will use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged fees 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 the goods to us, BIOMES NGS GmbH, Schwartzkopffstr. 1, 15745 Wildau, without delay and in any event not later than 14 days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the deadline of 14 days. You bear the immediate costs of returning the goods.
In the event that you return the goods to us, we ask you to use the original packaging, if still available.
Withdrawal form according to
Appendix 2 pursuant to Art. 246a § 1 para. 2 p. 1 No. 1 and § 2 para. 2 No. 2 EGBGB
Duration of analysis
The evaluation period of the intestinal flora analysis INTEST.pro is up to 4 weeks from receipt of the sample in the laboratory. This does not include the time required to send the sample to the BIOMES laboratory. In individual cases this processing time may be exceeded.