Terms of Service
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships without our having to refer to them again. If the entrepreneur uses conflicting or additional general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly consented to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Castimondi GmbH & Co. KG.
When the products are placed in the online shop, we are submitting a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible over the Internet.
4. Terms of delivery
In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.
We deliver by mail. Collection of the goods yourself is possible on request.
We do not deliver to packing stations.
The following payment methods are generally available in our shop:
Payment in advance
If you choose to pay in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or first register and legitimize with your access data. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.
You pay the invoice amount after receiving the goods and the invoice by transfer to our bank account. We reserve the right to only offer purchase on account after a successful credit check.
6. Retention of title
The goods remain our property until full payment. For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
7. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
8. Warranties and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects applies. The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place without any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by removing the defect (repair) or by delivering a defect-free item (replacement delivery). The above limitations and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of willful or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed
- as far as the scope of the product liability law is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
You can reach our customer service for questions or suggestions from Monday to Thursday from 7:00 a.m. to 4:00 p.m. and on Fridays from 7:00 a.m. to 1:30 p.m. on the telephone number 02263/3146 and by email at info @ biomondi. de
We are always unrestrictedly liable for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of willful or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected. In addition, claims for damages are excluded.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.
AGB created with the Trusted Shops legal writer in cooperation with Wilde Beuger Solmecke Rechtsanwälte.