General Terms and Conditions (GTC) for the Online Shop of NATURABIOMAT GmbH (abbr NATURABIOMAT or Seller)

Version 22.03.2017

§ 1 General

The following General Terms and Conditions of Business apply to all business relationships between us and the customer. The version current at the time of the conclusion of the contract is definitive.
Customers within the meaning of these General Terms and Conditions of Business are exclusively consumers.
Divergent, conflicting or supplementary General Terms and Conditions of Business shall not be considered part of the contract, even if already known, unless their applicability has been expressly agreed in writing.

§ 2 Conclusion of the Contract

The Conditions for our goods are subject to change without notice and without obligation. Our presentation of goods on the Internet does not constitute an offer, but is a non-binding invitation to customers to place an order. Technical and other modification in form, colour or weight remain reserved within reasonable bounds.
An on-line order of the customer is only an offer towards NATURABIOMAT for conclusion of a purchase contract. The confirmation of receipt of an order by e-mail does not constitute acceptance of the order, but only informs the customer that his order has been received by NATURABIOMAT. Receipt of a telephone order does not constitute a binding acceptance by NATURABIOMAT. The order is accepted by dispatching the goods and/or by payment in advance in response to a demand for payment by e-mail.
The contract is concluded under reservation of proper and correct delivery by our suppliers to us, if not, we are free to refuse contract performance in whole or partly. This shall only apply in case the failure to supply is not attributable to NATURABIOMAT.
In the event of non-availability or of only partial availability of the goods the customer shall be notified without delay. The consideration shall be refunded without delay.
The language of the contract is German.

§ 3 Delivery

The goods shall be delivered to the delivery address stated by NATURABIOMAT on https://www.biomat-shop.com/en/versandkosten/

§ 4 Remuneration

The price offered is binding. All prices are in Euros, and when the goods sold remain within the EU, the price includes the Austrian Value Added Tax.
Payment will be at the discretion of the customer in advance, via credit card (Mastercard, Visa, American Express und Diners), PayPal, Google Pay, Apple Pay, EPS bank transfer and Klarna. If the customer chooses to pay in advance and the currency is not in Euro, the customer needs to cover all fees.
The minimum order is 10 Euros.

§ 4 Shipping costs

The customer shall bear the costs of dispatch from the location of the branch office of NATURABIOMAT.
Shipping costs can be found on https://www.biomat-shop.com/en/versandkosten/

§ 5 Revocation

Only consumers have the right of revocation.

Revocation Guidelines

You have the right to revoke this contract within 14 days without giving reasons.

The revocation period is 14 days from the date you or any third party nominated by you, which is not the carrier, took possession of the last assignment of goods. In order to exercise your right of revocation, you must notify us,

NATURABIOMAT GmbH
Oberer Feldweg 64
6130 Schwaz
AUSTRIA
Phone: +43 (0) 5242 / 74 100
E-Mail: office@biomat-shop.com

by means of an unambiguous declaration (e.g. in a letter sent by post, in a fax or in an e-mail) of your decision to revoke this contract. You may use the attached Specimen Revocation Declaration Form, but you do not have to use this form.

You may fill out and send the Specimen Revocation Declaration Form or any other unambiguous declaration electronically to office@biomat-shop.com or by post on the above mentioned address. If you make use of this option, we shall without delay (e.g. by e-mail) send you a confirmation of the receipt of such a revocation.

To meet the revocation period it will be sufficient to send the notification of the exercise of the rights of revocation prior to the expiry of the revocation period.

Consequences of revocation:

If you revoke this contract, we are obliged to refund to you all received payments from you, including delivery costs (with the exception of any additional costs incurred due to your selection of a type of delivery other than the most cost-effective standard delivery) without delay and at the latest within 14 days from the date on which we received the notification of your revocation of this contract. We refund your payment using the same currency you used in the original transaction, unless otherwise expressly agreed with you; in no way we will charge you a fee for this reimbursement. We may refuse to make the repayment until we have received the returned goods or until you have submitted the evidence that you have returned the goods, depending on which is the earlier point in time.

You must return or surrender the goods to us without delay and in any case within 14 days from the date, on which you notified us about the revocation of this contract. The period will be met, if you dispatch the goods prior to the expiry of the 14 days period. You shall bear the direct costs of returning the goods.

You must pay for any loss in value in the goods, only if this loss of value is attributable to handling the goods in a manner other than necessary for checking properties and condition, features and mode of operation of the goods.

End of Guidance on Revocation

We shall be pleased to send you a Post return label. To find out more about this, send an email to office@biomat-shop.com. This service is free of charge for returns from Austria, Belgium; Luxembourg, the Netherlands and Germany. The return labels are solely a service provided by us and are not a prerequisite for the exercise of your right of revocation; this is available to you in any case.

Revocation Form

§ 6 Limitation of liability

In cases of slight negligent breaches of duty, liability of NATURABIOMAT and their vicarious agents is limited to foreseeable, direct average damage, typical for this type of contract.

There is no liability of NATURABIOMAT and its vicarious agents for slight negligent breach of duties, not essential to the contract and not jeopardizing the implementation of the contract.

The foregoing limitations on liability do not affect claims of the customer arising from product liability or warranty. Furthermore, the limitations on liability do not apply in the case of injury to the person or health of the customer or the loss of life of the customer.

§ 7 Retention of title

Until payment has been received in full from the customer the goods supplied remain the property of NATURABIOMAT:
The customer shall be obliged to handle the goods with care during the existence of the retention of title.
NATURABIOMAT is entitled in the case of conduct contrary to the contract by the customer, in particular in the case of delay of payment, to withdraw from the contract and to reclaim the goods. In addition NATURABIOMAT is entitled in the case of breach of a duty in accordance with paragraph 2 of the contract to withdraw from the contract and reclaim the goods, if it is no longer reasonable to adhere to the contract.

§ 8 Online Dispute Resolution

The European Commission provides an online platform with a list of dispute resolution bodies that offer out-of-court settlement procedures. You can reach the website through the following link: http://ec.europa.eu/consumers/odr/
We are not obligated to participate in an out-of-court settlement procedures by a dispute resolution body and refuse participation.

§ 9 Court of Jurisdiction and Applicable Law

Applicable law is the law of the Republic of Austria. For consumers, who have not concluded the contract for professional or commercial purposes, this choice of applicable law applies only insofar as the protection granted by mandatory provisions of the law of the state, in which the consumer has his habitual place of residence, has not been withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the sole Court of jurisdiction for all disputes arising from this contract is the registered office of NATURABIOMAT. The same shall apply, if the customer has no general Court of jurisdiction in Austria or his domicile or normal place of residence is not known on the date on which the action is brought.
Should provisions of the contract with the customer, including these General Terms and Conditions of Business, be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.

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