GENERAL TERMS AND CONDITIONS OF BioNoventa (B2B)
Table of contents
Article 1 – DefinitionsArticle 2 – Identity of the EntrepreneurArticle 3 – ApplicabilityArticle 4 – The offerArticle 5 – The agreementArticle 6 – Exclusion of right of withdrawal (B2B)Article 7 – Price and paymentArticle 8 – Conformity and warrantyArticle 9 – Delivery and executionArticle 10 – Return policy and refunds (B2B)Article 11 – LiabilityArticle 12 – Complaint settlementArticle 13 – Applicable law and disputes
Article 1 – Definitions.
In these terms and conditions, the following definitions shall apply:
Entrepreneur: the natural or legal person who offers products and/or services remotely to business customers.
Customer: the natural or legal person acting in the exercise of profession or business who enters into a distance contract with the entrepreneur.
Distance contract: an agreement concluded between entrepreneur and customer in the framework of an organized system for distance selling.
Durable medium: any device that enables the customer or entrepreneur to store information personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
BioNoventa
Article 3 – Applicability.
These general terms and conditions apply to any offer by the entrepreneur and to any distance contract between entrepreneur and business customer, unless the parties have expressly agreed otherwise in writing.
Article 4 – The offer
The entrepreneur’s offer is without obligation and contains a clear description of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Article 5 – The Agreement
The agreement is established at the moment of acceptance of the offer by the customer and the fulfillment of the conditions set forth thereby. The entrepreneur confirms the receipt of the acceptance electronically without delay.
Article 6 – Exclusion of right of withdrawal (B2B).
The legal right of withdrawal is expressly excluded for business customers. Returns are only accepted after written approval by the entrepreneur and under the conditions described in Article 10.
Article 7 – Price and payment
All prices are exclusive of VAT and other government levies. Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing. In case of late payment, the customer is legally in default and statutory interest is due.
Article 8 – Conformity and warranty
The entrepreneur guarantees that the delivered products comply with the agreement. Warranty claims are limited to written agreements. The entrepreneur is not liable for defects caused by improper use or storage.
Article 9 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders. Delivery terms are indicative and exceeding them does not entitle the customer to compensation or dissolution of the agreement.
Article 10 – Return policy and refunds (B2B).
Returns are only possible with the prior written consent of the entrepreneur. Products must be returned unused, undamaged and in original packaging. Costs and risk of return shipment are to be borne by the customer. Exclusions for returns include: perishable products, opened or customized products, hygienic products with broken seals, digital downloads and gift certificates.
Accepted returns will receive a refund within 14 business days, less any handling or shipping costs.
Article 11 – Liability
The entrepreneur’s liability is limited to the amount of the invoice for the product in question. Indirect damages, consequential damages or lost profits are excluded unless there is intent or gross negligence.
Article 12 – Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur in writing, stating reasons, within 5 working days of receipt of the products.
Article 13 – Applicable law and disputes.
Agreements between the entrepreneur and the business customer are exclusively governed by American law. Disputes shall be submitted exclusively to the competent court, unless otherwise required by mandatory law.