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General Terms and Conditions and Customer Information
I. General Terms and Conditions
1. Basic Provisions
(1) The following terms and conditions apply to all contracts concluded with us as the provider (SanaBio GmbH) via the website www.sanabio.bio. Unless otherwise agreed, the inclusion of your own terms and conditions is expressly rejected.
(2) A consumer in the sense of these terms is any natural person who concludes a legal transaction for purposes that predominantly are outside their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
Authorities and public institutions are treated as entrepreneurs.
2. Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) Your inquiries to receive an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days.
(3) Order processing and transmission of all information necessary in connection with contract conclusion are partially automated via email. Therefore, you must ensure that the email address you have provided is correct and that the receipt of emails is technically ensured and, in particular, not prevented by SPAM filters.
(4) Acceptance of the offer / conclusion of the contract
By sending an order confirmation by email, we accept your offer (your order) to conclude a contract. We may accept your offer after receipt of your order by sending you an order confirmation by email.
(5) Orders by telephone
For orders placed by telephone, your order details will be recorded verbally, and, if applicable, a customer account will be created. If a customer account is created, the password for the account will be sent immediately after entering the order. Even in the case of orders by telephone, the contract is only concluded upon our sending of an order confirmation by email to you, which we can send within 48 hours of receipt of your order.
3. Special Agreements on Payment Methods
(1) Credit check
If we provide advance performance, e.g., for payment by invoice or direct debit, we may transfer your data to SCHUFA Holding AG, Privatkunden Service Center, P.O. Box 103441, 50474 Cologne, for the purpose of a credit check based on mathematical-statistical methods, in order to protect our legitimate interests. We reserve the right to refuse payment by invoice or direct debit as a result of the credit check.
4. Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it relates to claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain title to the goods until all claims from the ongoing business relationship have been settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice amount, and we accept this assignment. You are authorized to collect the claims. However, if you do not meet your payment obligations properly, we reserve the right to collect the claims ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
5. Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to report any complaints to us and the carrier as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If you are an entrepreneur, the following applies instead of the above warranty regulations:
a) Only our own statements and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, or statements by the manufacturer.
b) In case of defects, we shall provide warranty at our discretion either by rectification or replacement delivery. If the rectification fails, you may choose to demand a reduction in price or withdraw from the contract. Rectification shall be deemed to have failed after the second unsuccessful attempt, unless, in particular, the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification, we do not have to bear the increased costs resulting from the transfer of the goods to a location other than the place of performance, provided the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This limitation does not apply to:
