General terms and conditions of business
Please read the following General Terms and Conditions carefully.
These terms and conditions apply to all orders via our online shop www.fuwa3e.eu of
FUWA BIOTECH BIOTECHNOLOGY
Huong Bui-Peuser
Ziehltenbühndweg 22a
77704 Oberkirch
Deutschland / Germany
Managing Director: Huong Bui Poiser
1. Scope
The online shop www.fuwa3e.eu is operated by FUWA BIOTECH BIOTECHNOLOGY, Huong Bui-Peuser, Ziehltenbühndweg 22a, 77704 Oberkirch, Germany. The following terms and conditions apply to all orders placed via our online shop.
2. Contract
The seller’s range of goods on the Internet does not constitute a binding offer to conclude a purchase contract, but rather an invitation to submit an offer. The buyer can submit his purchase offer by telephone, in writing, by fax, by email or via the ordering system integrated in the seller’s online shop. When purchasing via the online shop, the goods that are intended to be purchased are placed in the virtual “shopping cart”. The customer can access the “shopping cart” and make changes there using the corresponding button on each page. The buyer then enters his personal data and selects the payment and shipping conditions. Before finally submitting the purchase offer, the customer has the opportunity to check his details again, change them or cancel the purchase. By submitting the order using the “Order with payment”, “Order with payment” or “Buy” button, the customer submits a binding offer. The customer first receives an automatic email about the receipt of his order. This confirmation of receipt does not yet lead to the conclusion of the contract. Acceptance of the offer (and thus conclusion of the contract) takes place separately in each case, either by confirmation in text form, in which the buyer is confirmed that the order has been processed or the goods have been delivered, or by sending the goods.
If the buyer has not received an order confirmation or notification of delivery or no goods within seven working days, he is no longer bound to the order. In this case, any services already provided will be refunded immediately. After a valid purchase contract has been concluded, the seller reserves the right to send the buyer so-called product information emails electronically to the email address provided by the buyer. We also reserve the right to send our existing customers postal advertising at irregular intervals. This is so-called direct advertising, where the seller can assume that the buyer is interested in the goods on offer. The buyer can object to the sending of product information emails and/or advertising letters at any time without incurring any costs other than the transmission costs according to the basic rates. To object, simply send an email to the following address, stating the email address provided by the buyer: fuwa3e@web.de
3. PRICES, SHIPPING COSTS
The respective offers include prices including VAT (if applicable). The prices represent final prices. They include all price components including all applicable taxes.
Only in the case of cross-border delivery may additional taxes (e.g. in the case of a purchase within the European Community) and/or duties (e.g. customs duties) be payable by the buyer in individual cases, but not to the seller, but to the customs or tax authorities responsible there.
The buyer must also pay shipping costs. These are not included in the purchase price. They can be accessed via the “Delivery and shipping costs” page and are shown separately during the ordering process.
4. Retention of ownership
The goods remain the property of the seller until the purchase price has been paid in full.
5. CONTRACT LANGUAGE, STORAGE OF THE CONTRACT TEXT
The contract language is exclusively German. The contract text (order data and general terms and conditions) is stored by the seller. However, the storage is only for a limited period and is not accessible to the buyer. The buyer must ensure that it is printed out or stored separately.
6. CHOICE OF LAW
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, but only to the extent that this does not deprive the customer of the protection afforded by mandatory provisions of the law of the state in which he has his habitual residence
7. LIMITATION OF LIABILITY
(1) The provider is fully liable for damages resulting from injury to life, body or health, insofar as he fraudulently conceals a defect or has assumed a guarantee for the quality of the purchased item, for damages caused intentionally and through gross negligence, for damages under the Product Liability Act and insofar as this is also mandatory by law.
(2) If essential obligations from the contract are affected, the violation of which endangers the achievement of the purpose of the contract, the seller’s liability in the case of slight negligence is limited to the foreseeable damage typical for the contract.
(3) In the case of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
SUPPLEMENTARY CONDITIONS FOR CONSUMERS
8. PAYMENT AND SHIPPING CONDITIONS
Consumers are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to the seller and the freight forwarder as soon as possible. Your warranty claims remain unaffected.
The risk of accidental loss and accidental deterioration of the item sold during shipping only passes to the buyer when the goods are handed over to the buyer.
9. WARRANTY
(1) The statutory provisions apply.
(2) For used items, the warranty period for consumers is one year from delivery of the goods. The one-year warranty period does not apply to damages resulting from injury to life, body or health caused by the seller’s negligence, nor to damages caused by gross negligence or intent or fraud on the part of the seller, nor to recourse claims in accordance with Sections 478 and 479 of the German Civil Code (BGB).
10. CONSUMER RIGHT OF WITHDRAWAL, CANCELLATION POLICY
10.1 As a consumer, you generally have a legal right of withdrawal when making a purchase in our webshop, which we will inform you about below:
§ 10.1.1 Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise the right to cancel, you must inform us (FUWA BIOTECH BIOTECHNOLOGY, Huong Bui-Peuser, Ziehltenbühndweg 22a, 77704 Oberkirch, Deutschland, fuwa3e@web.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the inexpensive standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
12.1.2 Cancellation form
If you wish to cancel the contract, you can use the form below or send us your cancellation by telephone (or via one of the other contact details provided).
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To
FUWA BIOTECH BIOTECHNOLOGY
Huong Bui Peuser
Ziehltenbühndweg 22a
77704 Oberkirch
Germany
E-Mail: fuwa3e@web.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the
purchase of the following goods (*) / the provision of the following service (*)
_______________________________________________
_______________________________________________
Ordered on ___________________ (*)/received on _______________________(*)
Name of the consumer(s) ______________________________________
Address of the consumer(s)
_________________________________
_________________________________
_________________________________
_________ _____________________________________________________
Date Signature of the consumer(s) (only if notification is on paper)
______________________________________________________________________
____
(*) Delete as appropriate
10.1.3 Exclusion or premature expiration of the right of withdrawal. There is no right of withdrawal:
for deliveries of goods that can spoil quickly or whose expiration date would be quickly exceeded
for deliveries of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery
11. JURISDICTION
If the consumer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction is the registered office of the seller. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.
SUPPLEMENTARY CONDITIONS IF THE BUYER IS NOT A CONSUMER
12. TRANSFER OF RISK
The risk of accidental loss and accidental deterioration of the purchased item passes to the buyer, who is not a consumer, as soon as the seller has delivered the item to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment. Section 447 Paragraph 2 of the German Civil Code remains unaffected.
13. WARRANTY
(1) The warranty period is one year from delivery of the goods. This does not apply to damages resulting from injury to life, body or health caused by the seller’s negligence, nor to damages caused by gross negligence or intent or fraud on the part of the seller, nor to recourse claims in accordance with Sections 478 and 479 of the German Civil Code (BGB).
(2) Only the seller’s own information and the manufacturer’s product description shall be deemed to be agreed upon as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.
(3) The buyer, who is not a consumer, is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify the seller of any obvious defects in writing within seven days of receipt of the goods; timely dispatch is sufficient to meet the deadline. The same applies to hidden defects discovered later.
If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
(4) The seller shall fulfill the warranty claim in the case of defective purchased goods by repair or replacement delivery at his discretion. If the defect cannot be remedied twice, the buyer can demand a reduction in price or withdraw from the contract at his discretion.
In the case of repair, the buyer shall bear the increased costs incurred as a result of the goods being brought to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
14. EXTENDED RESERVATION OF TITLE
(1) The seller reserves ownership of the goods from buyers who are not consumers until all claims from the current business relationship have been settled in full. Before ownership of the reserved goods has been transferred, the buyer is not entitled to pledge the item or to assign it as security.
(2) The buyer is entitled to resell the goods in the ordinary course of business.
In this case, the buyer hereby assigns to the seller all claims arising from the resale in the amount of the invoice amount. The seller accepts the assignment.
The buyer is also authorized to collect the claim. The seller reserves the right to collect the claim itself if the buyer does not properly meet its payment obligations.
(3) If the reserved goods are combined or mixed, the Seller shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
(4) The Seller undertakes to release the securities to which he is entitled at the Buyer’s request to the extent that the value of the securities exceeds the claim to be secured by more than 10%. The Seller shall be responsible for selecting the securities to be released.
15. PLACE OF PERFORMANCE, JURISDICTION
The place of performance for all services arising from the business relationship with the customer and the place of jurisdiction is the registered office of the seller. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.