Bioreal Online-Shop

Notes/Preamble The company Lavano GmbH, Lußhardtstraße 1, D-76689 Karlsdorf-Neuthard is the operator of various branded web stores on the Internet, each of which is operated on behalf of the manufacturer under its Internet address under a subdomain.

The operator of these branded web stores is exclusively Lavano GmbH Seller (hereinafter referred to as "we" or "Lavano"), not the manufacturer of the products. Lavano GmbH acts in its own name and on its own account.

When you place an order, the purchase contract is therefore concluded between you (hereinafter "you" or "customer") and us. Lavano is the seller and therefore your contractual partner.

We have compiled details on shipping costs on a separate page for you.

Against this background, we agree with you on the following:

1. General

1.1 By placing an order, the customer agrees to these General Terms and Conditions (GTC).

1.2 The version of the GTC valid at the time of the order shall always apply.

1.3 If payment and shipping conditions in the web store differ from the conditions regulated in these GTC in individual cases, the conditions stated in the web store shall take precedence over these GTC.

2. Conclusion of the contract, storage of the contract text

2.1 Our offers are always subject to change.

2.2 The customer makes a binding offer to conclude a purchase contract by clicking on the button to order the goods for a fee. The acceptance of the offer by us is made by sending an e-mail to the customer, which at the same time contains a cancellation policy in text form and already the corresponding invoice. The e-mail is sent to the e-mail address provided by the customer. The acceptance can also be declared tacitly by sending the ordered goods.

2.3 We store the text of the contract and send you immediately after the conclusion of the purchase agreement a confirmation with the content of the contract by e-mail. You are obliged to save or print the order confirmation so that the content of the contract is available to you in a permanent form. In addition, our General Terms and Conditions of Business must always be taken into account as the content of the contract, which you will find in each case in our order confirmation e-mail and at any time on our homepage on the Internet and which you can print out or save. A claim to permanent accessibility of the contract content even after conclusion of the contract by us does not exist.

3. Payment and delay

3.1 The delivery to the customer shall be made against payment of the purchase price.

3.2 We will issue an invoice to the customer, which will be sent with the delivery of the goods or by e-mail.

3.3 Invoices are generally due for payment without deduction no later than 14 days after receipt of the invoice.

3.4 In the event of late payment, interest on arrears shall accrue at a rate of 5 percentage points above the base interest rate of the Deutsche Bundesbank. If the customer is an entrepreneur (§ 14 BGB), sentence 1 shall apply with the proviso that the default interest shall be 8 percentage points above the base interest rate of the Deutsche Bundesbank. We are entitled to prove and demand a higher damage caused by default.

4. Delivery, Costs of Return

4.1 The ordered goods shall be delivered to the delivery address specified by the customer, unless otherwise agreed in the contract.

4.2 In principle, we deliver only within the European Union. Exceptions require a separate agreement and must be clarified with us in advance. If, at the customer's request, the goods are to be shipped abroad, the customer shall be responsible for the proper import of the goods (customs clearance) and any costs incurred for this.

4.3 If we are not able to deliver the ordered goods through no fault of our own because a covering transaction has been concluded with a supplier to supply the customer and the supplier does not fulfill its contractual obligations to us, we shall be entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered goods are not available. If payment of the purchase price has already been made, it will be refunded immediately.

4.4 The delivery or shipping costs will be clearly listed again separately before you submit the offer. Further costs, which are not listed and presented separately before submission of the offer, are not incurred, in particular no costs that are not paid through us.

4.5 The legal claims of the customer remain otherwise unaffected.

5. Cancellation policy

Consumers have a right of revocation. A consumer in this sense is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. If you buy as an entrepreneur (§ 14 BGB), i.e. in the exercise of your commercial or self-employed professional activity, you do not have the right of withdrawal.

The details can be found in the cancellation policy provided separately by us. The cancellation policy can be found (as well as the model cancellation form, which you can use to declare the cancellation, but you do not have to), for example, at the end of these General Terms and Conditions, within our website or also in the order confirmation e-mail that you receive from us after placing your order.

6. Prices, period of validity of information/prices, essential characteristics

6.1 The prices shown on our website at the time of ordering apply to the goods offered and their dispatch.

6.2 All prices quoted are inclusive of the statutory value added tax.

6.3 The information provided by us is not subject to any specific period of validity. The period of validity of limited offers, in particular with regard to the price, can be found directly in the respective offer and the associated goods.

6.4 The essential characteristics of the goods or services can be obtained directly from the presentation and description of the relevant goods or services on our website.

7. Retention of title

The delivered goods shall remain our property until the customer's payment obligation under the respective order has been fulfilled in full.

8. Set-off and right of retention

The customer shall only have the right of set-off if his counterclaims are undisputed by us or have been legally established. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

9. Liability for defects and warranty

9.1 If the goods are defective, the customer shall be entitled to the statutory warranty rights.

9.2 As carriage forward shipments are associated with high additional costs, we request that you do not choose this type of shipment. We will therefore send you a so-called freeway parcel stamp in response to your notification of defects, with which you can then return the goods to us free of charge.

9.3 Consumers have the choice whether the supplementary performance is to be carried out by repair or replacement delivery. We are entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the consumer.

9.4 In the case of entrepreneurs, we shall initially provide warranty for defects in the goods at our discretion by rectifying the defect or supplying a replacement.

9.5 The warranty period for consumers is two years from delivery of the goods. If the customer is an entrepreneur, the warranty period is limited to 12 months.

9.6 The assignment of these rights of the customer is excluded.

10. Liability

10.1 Claims for compensation for financial loss are limited to cases of intentional or grossly negligent conduct.

10.2 We shall, however, be liable for simple negligence if there is a breach of an obligation whose proper fulfilment is essential for achieving the purpose of the contract (cardinal obligation). In this case, liability for pecuniary loss shall be limited to the direct pecuniary loss with regard to its scope and to the foreseeable loss with regard to its amount.

10.3 Insofar as liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

10.4 Liability in accordance with the provisions of the Product Liability Act, liability arising from a guarantee and liability for damage to life, limb and health shall remain unaffected by these provisions.

11. Recognising and correcting input errors

After you have been requested to enter your customer data, you will be directed to the following page by pressing the corresponding button. On this page you will be provided with a complete overview of the goods ordered / the order placed together with the costs and the data entered by you. Here you will be given the express opportunity to check and change both the order / order placement and the data you have entered. A binding offer is only made when you make a renewed declaration of intent (by pressing the corresponding button) to initiate the offer. You are therefore provided with sufficient opportunity to recognise input errors and correct them.

12. Place of performance, place of jurisdiction, contractual language, codes of conduct

12.1 The place of performance and jurisdiction for all disputes arising out of and in connection with this contract shall be Bruchsal for contracts with merchants, legal entities under public law or special funds under public law.

12.2 The contractual language and the language for declarations within the scope of the performance of this contract is German.

12.3 Translations of these GTC shall not have any legally binding effect. The German language version of these GTC shall always be decisive.

12.4 We are not subject to any codes of conduct.

13. Exclusion of the UN Convention on Contracts for the International Sale of Goods

The validity of the Convention on the International Sale of Goods ("CISG" or "UN Sales Convention") is excluded. Right of withdrawal for consumers

Consumers are entitled to a right of withdrawal according to the following provisions. A consumer in this sense is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.

A company or business as a buyer can therefore never be a consumer. A person who buys something for himself privately is always a consumer. In between there can be the sole trader, the self-employed or the freelancer or similar. Here it depends. For example, if a lawyer buys something, it depends on whether he buys for his office or for himself. In case of doubt, one can assume consumer status.

Right of withdrawal for consumers

Consumers are entitled to a right of withdrawal in accordance with the following provisions. A consumer in this sense is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

A company or business as a buyer can therefore never be a consumer. A person who buys something for himself privately is always a consumer. In between there can be the sole trader, the self-employed or the freelancer or similar. Here it depends. For example, if a lawyer buys something, it depends on whether he buys for his office or for himself. In case of doubt, one can assume consumer status.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day

• on the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or have taken possession of the goods if you have ordered one or more goods as part of a uniform order and the goods or goods are delivered uniformly;
• on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately;
• where you or a third party other than the carrier and indicated by you has taken possession of the last consignment or the last item, if you have ordered goods which are delivered in several consignments or items.

If there is more than one of the above alternatives, the withdrawal period does not start to run until you or a third party named by you who is not the carrier has taken possession of the last goods or the last partial consignment or piece.

In order to exercise your right of withdrawal, you must inform us (company Lavano GmbH, Lußhardtstraße 1, D-76689 Karlsdorf-Neuthard, telephone +49-(0)7251/34999-0, fax +49-(0)7251/34999-3, e-mail address info@lavano.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must return all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this return, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of the repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal

The right of revocation does not apply to contracts

• for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• for the supply of goods which may spoil quickly or whose expiry date would be rapidly exceeded;
• for the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract but which cannot be supplied until at least 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
• for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

• for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.

Model cancellation form

(If you wish to cancel the contract, please complete and return this form).

Ton
Firma Lavano GmbH
Lußhardtstraße 1
D-76689 Karlsdorf-Neuthard
Fax: +49-(0)7251/34999-3
E-Mail adress: info(at)lavano(dot)com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

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Ordered on (*)/received on (*): _____________________________________

Name of consumer(s): ______________________________________

Address of consumer(s): ______________________________________

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Signature of the consumer(s) (only in case of paper communication)

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Date

(*) Delete where inapplicable