Terms and Conditions

1.1 These Terms and Conditions ("T&Cs") of Biologa Danell GmbH ("Seller") apply to all contracts concluded between the Seller and consumers or business customers ("Customer") regarding the goods offered in the Seller's online shop.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 A business customer is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business, or profession.

1.4 Any conflicting or supplementary terms and conditions of the Customer shall not apply unless expressly agreed otherwise.

2. Conclusion of Contract

2.1 The presentation of products in the online shop does not constitute a legally binding offer.

2.2 By placing selected goods in the shopping cart and completing the ordering process, the Customer submits a binding offer to purchase the goods contained in the cart.

2.3 The Seller may accept the Customer's offer by:

• Sending a written order confirmation by e-mail;
• Requesting payment after the order has been placed; or
• Delivering the ordered goods.

The contract is concluded when the first of the above actions occurs.

2.4 If PayPal or PayPal Express is selected as the payment method, the contract is concluded when the Customer authorizes the payment transaction.

2.5 The contract text is stored by the Seller and made available to the Customer in accordance with applicable legal requirements.

2.6 Before submitting the order, the Customer may identify and correct input errors using the available correction functions.

2.7 The contract language is English.

2.8 The Customer is responsible for providing a valid e-mail address and ensuring that communications relating to the order can be received.

3. Prices and Payment Terms

3.1 All prices displayed in the online shop are final prices and include applicable statutory VAT unless stated otherwise.

3.2 Additional shipping costs, where applicable, are displayed separately during the ordering process.

3.3 For deliveries outside the European Union, additional customs duties, taxes, fees, or import charges may apply. These charges are the responsibility of the Customer.

3.4 Available payment methods are displayed during checkout.

3.5 Payment processing via PayPal is provided by:

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg

Additional terms and conditions of PayPal may apply.

3.6 For purchases on account, payment shall be due within the payment period specified on the invoice.

4. Delivery and Shipping Conditions

4.1 Goods shall be delivered to the delivery address specified by the Customer during the ordering process.

4.2 Any additional costs resulting from incorrect delivery information provided by the Customer may be charged to the Customer, unless the Customer is not responsible for the error.

4.3 For consumers, the risk of accidental loss or deterioration passes upon delivery of the goods.

4.4 If ordered goods are unavailable due to circumstances beyond the Seller's control despite proper procurement efforts, the Seller may withdraw from the contract. Any payments already made will be refunded without undue delay.

4.5 Where collection by the Customer has been agreed, the Seller will notify the Customer when the goods are ready for collection.

5. Right of Withdrawal

Consumers have a statutory right of withdrawal.

Details regarding the right of withdrawal, withdrawal period, consequences of withdrawal, and the model withdrawal form are provided in the separate Right of Withdrawal policy.

6. Retention of Title

6.1 Goods remain the property of the Seller until full payment has been received.

6.2 For business customers, title to the goods shall remain with the Seller until all outstanding claims arising from the business relationship have been settled in full.

7. Warranty and Liability for Defects

7.1 The statutory warranty rights apply.

7.2 For business customers, warranty claims may be subject to limitations permitted under applicable law.

7.3 Customers are requested to inspect delivered goods for obvious transport damage and report such damage to the carrier and the Seller without undue delay. Failure to do so shall not affect statutory warranty rights.

8. Liability

8.1 The Seller shall be liable without limitation for damages resulting from:

• Intentional misconduct;
• Gross negligence;
• Injury to life, body, or health;
• Liability under mandatory product liability laws;
• Express guarantees assumed by the Seller.

8.2 In cases of slight negligence, the Seller shall only be liable for breaches of essential contractual obligations (cardinal obligations). In such cases, liability shall be limited to foreseeable damages typical for the contract.

8.3 Any further liability of the Seller is excluded to the extent permitted by law.

8.4 The above limitations of liability shall also apply to employees, representatives, and agents of the Seller.

9. Applicable Law

The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If the Customer is a consumer residing in another EU Member State, mandatory consumer protection provisions of that Member State shall remain unaffected.

10. Jurisdiction

If the Customer is a merchant, legal entity under public law, or special fund under public law, the registered office of the Seller shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship.

Mandatory statutory provisions regarding consumer jurisdiction remain unaffected.

11. Consumer Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.