Menu
§1 General – Scope of Application
(1) PHABIOC GmbH, Friederich-Weick-Str. 40, 76189 Karlsruhe (hereinafter “PHABIOC”) operates an online shop (hereinafter “PHABIOC.shop”) on the Internet portal www.phabioc.shop, among other things. PHABIOC.com offers goods and services for purchase to entrepreneurs within the meaning of § 14 of the German Civil Code (hereinafter “customers,” individually also “customer”).
(2) These terms and conditions apply to all current and future purchases made by the customer on PHABIOC.shop. Deviating, conflicting, or supplementary general terms and conditions of the customer shall not become part of the contract, even if PHABIOC is aware of them unless their validity is expressly agreed upon in writing.
(3) If individual provisions of these general terms and conditions are or become invalid in whole or in part, the remaining conditions shall remain fully valid.
§2 Conclusion of the Contract
(1) When concluding contracts on PHABIOC.shop, the contracting party of the customer is exclusively PHABIOC.
(2) The offer on PHABIOC.shop is not a binding contractual offer within the meaning of § 145 of the German Civil Code (BGB) but is to be understood as an invitation to submit an offer. By clicking the “Place Order” button, the customer submits a binding contractual offer. After submitting the order, the customer will receive a confirmation email confirming the technical receipt of the order at the email address provided by the customer. This confirmation email does not constitute acceptance of the contract. PHABIOC declares acceptance of the contract by a separate email as soon as the goods leave the warehouse or the delivery period can be confirmed.
(3) The contract text (consisting of the offer, acceptance, and terms and conditions) will be stored while respecting data protection.
§3 Delivery Restrictions
(1) The offers are only directed at entrepreneurs, § 14 BGB, i.e., natural or legal persons or legal partnerships that act in the exercise of their commercial or self-employed professional activity. We do not enter into contracts with consumers, § 13 BGB.
(2) The offers are only directed at customers whose place of business or establishment is not located in an exclusive distributor territory granted by PHABIOC.
§4 Prices, Shipping Costs
(1) The prices stated on the respective product page at the time of the customer’s order on PHABIOC.shop apply to orders placed on PHABIOC.shop.
(2) The prices are net prices excluding statutory value-added tax.
(3) Shipping costs for the customer’s order will be charged separately and are based in particular on the size and weight of the goods. The shipping costs will be indicated on the product page.
§5 Payment
(1) PHABIOC offers the payment methods credit card, PayPal, and invoice purchase. PHABIOC reserves the right to exclude individual payment methods for customers or goods and to refer to other payment methods.
(2) PHABIOC accepts various credit cards, such as Visa and Mastercard. PHABIOC will debit the invoice amount directly from the customer’s credit card upon receipt of the order.
(3) In the case of the invoice purchase payment method, the invoice amount is due for payment within 14 days from the invoice date indicated in the invoice. The legal regulations regarding the consequences of payment default apply.
(4) The customer may only offset claims that are undisputed or have been legally established.
§6 Delivery
(1) Deliveries are made to the delivery address provided by the customer. The customer is responsible for ensuring that the delivery can be made to the delivery address during regular business hours.
(2) Delivery dates are non-binding unless explicitly stated in writing by PHABIOC as binding. In the case of binding delivery dates, all deliveries are considered timely if PHABIOC hands over the goods to the person responsible for transportation on the last day of the deadline.
(3) If PHABIOC is unable to meet a binding delivery deadline for reasons not attributable to PHABIOC (e.g., force majeure or non-delivery by suppliers), PHABIOC will immediately inform the customer and, if necessary, provide a new delivery deadline. If the new delivery deadline is not acceptable to the customer or if the goods are not available within the new delivery deadline or at all, both parties are entitled to withdraw from the contract regarding the respective goods; any consideration already provided will be promptly refunded in this case.
§7 Transfer of Risk
(1) The risk passes to the customer as soon as the goods are handed over by PHABIOC to the person responsible for transportation. If shipping becomes impossible without PHABIOC’s fault, the risk passes to the customer upon notification of readiness for shipment.
(2) The same applies if the customer is in default of acceptance.
§8 Retention of Title
(1) PHABIOC retains ownership of the goods until the invoice amount has been fully paid.
§9 Warranty
(1) The customer must inspect the goods immediately upon receipt. Obvious defects will only be recognized and are only permissible if reported in writing within one week after receipt of the goods.
(2) The warranty does not apply to consumables such as sterile adapters, printer paper, or wear parts (batteries, accumulators, electronic measuring cells), as well as wear and tear of the measuring probe caused by contact with the medium to be measured.
(3) Insignificant deviations from the agreed quality or insignificant impairment of usability do not constitute defects of the delivered goods.
(4) If the customer has not followed the instructions for use of the goods or has made modifications, alterations, or repairs to the goods, the customer bears the burden of proof that the defect is not related to these circumstances.
(5) In the case of valid complaints, PHABIOC is entitled, at its discretion, to remedy the defect by repair or to deliver a new defect-free item. If the remedy fails, the customer is entitled, at their discretion, to demand a reduction or to withdraw from the contract.
(6) All complaints must be made in writing (email to info@phabioc.com) and must be directed to PHABIOC immediately after the defect becomes apparent.
(7) All warranty rights of the customer expire at the latest one year after delivery of the goods, or two years in the case of consumers.
§10 Liability
(1) PHABIOC is liable in accordance with statutory provisions if the customer asserts claims for damages based on intent or gross negligence on our part. Our liability is limited to the foreseeable, typically occurring damages in cases of simple negligence.
(2) Liability for culpable injury to life, body, or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(3) Unless otherwise provided above, liability is excluded.
§11 Packaging
(1) Delivery is usually made in manufacturer’s packaging. Additional packaging is selected based on specific requirements.
(2) If PHABIOC is obligated under the Packaging Ordinance (§ 4) to take back the packaging used for transportation, the customer bears the costs for the return transport of the used packaging.
§12 Right of Return
Right of return for businesses according to §14 of the German Civil Code (BGB)
(1) PHABIOC grants the customer a 14-day right of return. Shortages and damages must be reported within 3 business days (Mon-Fri). In the case of deliveries of refrigerated or sterile goods, the goods must be unpacked and checked for damages immediately, and acceptance must be refused in case of damage. If you wish to exercise your right of return, please notify PHABIOC by email (info@phabioc.com). The customer will then receive a return delivery note and the return form by email from PHABIOC. These must be completed and included with the return shipment.
(2) The items must be unused, in their original packaging, securely packed, and must not exceed a total weight of 31.5 kg per package. PHABIOC does not assume liability for transport damage in case of improper packaging. All packages or pallets must be sent by the customer free of charge to PHABIOC. Unpaid shipments will not be accepted. After the expiration of the 14-day right of return, the goods can only be returned by agreement. Excluded from the right of return are:
§13 Data Security
(1) As part of the order process, the customer is requested to provide personal data. These are data that PHABIOC requires for the processing of contracts concluded on PHABIOC.shop.
(2) All personal data are treated confidentially by PHABIOC and in accordance with legal regulations, in particular the General Data Protection Regulation (EU-GDPR) and the Federal Data Protection Act (BDSG).
(3) To secure customer data in online payment transactions, PHABIOC protects them through encryption techniques such as Secure Socket Layer (SSL).
(4) PHABIOC’s privacy policy can be found at https://phabioc.com/datenschutz/.
§14 Copyright
The copyrights to the design and content of this website, including all its pages, always remain with us, particularly all photographs, texts, descriptions, and all content. Copying and downloading the website or parts thereof (images, texts, etc.) is not permitted. Reproduction or any other use for commercial purposes, especially transfer for remuneration, is not permitted. Without our express consent, we do not allow references via links, deep links, or hyperlinks to our website. To the extent that we refer to other websites or web pages via links or hyperlinks, we assume no liability or responsibility for the content of those pages.
§15 Final Provisions
(1) German law applies to the legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction is Espelkamp for all disputes arising from the contractual relationship. However, we are also entitled to file a lawsuit at the court having jurisdiction over the customer’s place of business or residence. The statutory provisions apply otherwise.
Copyright © PHABIOC GmbH, 2024