Status: August 21, 2024
1. scope of application
For online orders in our webshop at www.biogena-one.com and thus for the business relationship between the purchaser (customer) and Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg, hereinafter referred to as "BIOGENA", the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity has been expressly agreed in writing. These terms and conditions also apply as a framework agreement for all further legal transactions between the contracting parties.
Customers are both consumers within the meaning of the Consumer Protection Act (KSchG) and entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom the contract in question is part of the operation of their business. Companies are all permanent organisations of independent economic activity, even if they are not profit-oriented.
If you have any questions or complaints, please contact Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg, Infoline: +43 662 23 11 11, Infoline DE: +49 8654 774 00-0, Fax: +43 662 23 11 11-5590, Email: mail@biogena-one.com
You also have the option of submitting complaints to the EU's online dispute resolution platform: https://ec.europa.eu/odr
Our webshop is operated by our company named in the imprint. Key features of the goods and services offered: Trading company; production and trade in foodstuffs and luxury foods (in particular food supplements); information about the products offered and promotion of their sale.
2. conclusion of contract
Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within reasonable limits.
Your order on www.biogena-one.com constitutes an offer to BIOGENA to conclude a purchase contract. The order is placed by clicking the "Buy" button and ticking the "Accept general terms and conditions" checkbox. BIOGENA saves the text of the contract and sends you an order confirmation by e-mail. You can view and change your orders and personal data at any time by logging in.
Only when BIOGENA accepts the offer is the purchase contract concluded and a claim to delivery of the goods arises. The order confirmation automatically sent by BIOGENA does not constitute acceptance of your offer. Instead, the offer is accepted by sending the dispatch confirmation to the email address you have provided. Invoicing is in euros (EUR) or, for customers from Switzerland, in Swiss francs (CHF).
Sales are only made in normal household quantities and only to adults, i.e. persons who have reached the age of 18. You confirm that your age information corresponds to the facts.
You may not pass on the password required for ordering to third parties. In the event of disclosure, you are also liable for orders placed by the third party. You are responsible for any orders placed with your password and any resulting claims.
The online shop, the content of the contract, all other information, customer service, data information and complaint handling are only offered in German.
3. conclusion of subscriptions
The provisions of point 2 apply to the conclusion of subscriptions with the following special features.
You have the option of concluding contracts for regular delivery of the product (the "Subscription") for a period of your choice (2, 3, 6 or 12 months, in each case the "Subscription Term").
At the end of the subscription period you have selected, the subscription is automatically extended by a further month if it is not cancelled by you at the end of the subscription period with four weeks' notice. We will inform you of this at the beginning of the cancellation period. The extended subscription can be cancelled monthly by giving four weeks' notice.
Text form is sufficient for the cancellation, which means that the cancellation can be made by email; in the event of cancellation by the customer, the cancellation must be sent to mail@biogena-one.com in the event of cancellation by the customer. In the event of cancellation before the end of the contract period, the products will be dispatched until the end of the contract period already invoiced and paid for.
We reserve the right to change the prices of the product after the end of the subscription period. In the event of a price change after the end of the subscription term, we will inform you four weeks in advance by e-mail to and, in the event that you do not agree to the price increase, declare the cancellation of the subscription. You will then have four weeks from the date of notification to notify of your agreement to continue your subscription at the increased prices. If you do not agree or fail to act within this period, the subscription will be cancelled and you will no longer receive any products.
There will be no price increases during the subscription period you have selected.
4. prize
The following applies to consumer transactions: Unless expressly stated otherwise, the prices quoted by us are inclusive of VAT. The total amount stated in the shopping basket includes the gross product price and the gross shipping costs. In relation to entrepreneurs, all prices quoted by us are exclusive of VAT, unless expressly stated otherwise.
5. Terms of payment, default of payment
Basically, the purchase is possible by payment via credit card or Paypal. The invoice will be sent together with the parcel. ABO orders within and outside the EU can only be made by credit card. Payments by the customer are only deemed to have been made when they are received in our business account. The delivered goods remain the property of BIOGENA until full payment has been made.
If the customer is in default of payment, we shall be entitled to demand interest on arrears at the statutory rate as well as compensation for the necessary and appropriate reminder and collection costs (in relation to entrepreneurs in any case but not exclusively EUR 40.00). In the event of default of payment by the customer, our company is also entitled to demand compound interest from the date of delivery of the goods. If the customer is in default of payment, BIOGENA is entitled to withdraw from the contract step by step, notwithstanding the other regulations according to § 918 (1) ABGB (Austrian Civil Code), setting a period of grace. With regard to the other cancellation options, reference is made to the statutory provisions.
6. money back guarantee
You can cancel your contract within a period of 30 days without giving reasons if the product has not been consumed by more than half. The period begins on the day of delivery of the goods. For the cancellation to be considered timely, it is sufficient for the declaration of cancellation to be sent within this period.
To exercise your right of cancellation and inform us of your decision, please complete the cancellation form and send it to us by email to mail@biogena-one.com.
You can find the sample cancellation form here: Sample cancellation form
In the event of an effective cancellation, we will refund the payments made by you (excluding the return costs) within fourteen days of the day on which we receive the notice of cancellation. We may withhold the refund until we have received (and inspected) the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
The statutory right of cancellation in accordance with the provisions of the FAGG (see points 12 and 13) remains unaffected.
7. Delivery, transport, default of acceptance
No shipping costs will be charged for orders placed at www.biogena-one.com.
The standard delivery time is 3-5 working days (= Monday to Friday, excluding public holidays). In general, we only deliver to customers residing within the EU.
8. minor changes to services
Changes to the agreed service or deviations are reasonable for the customer if they are minor and objectively justified. This applies in particular to deviations due to the nature of the item (e.g. dimensions, colours, structure, etc.).
9. Compensation, product liability, warranty
Compensation for damages due to breach of an obligation arising from the contractual relationship shall be paid in accordance with the statutory requirements. The claim for damages must be asserted in court within 3 years of knowledge of the damage and the damaging party, otherwise it shall be time-barred. The same applies to claims based on the Product Liability Act. All instructions on the packaging and inserts must be observed. No liability is accepted for any deviating use and/or handling. If the customer is an entrepreneur, we shall not be liable for slight negligence or loss of profit, except in the case of personal injury. Recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.
You have a statutory warranty right in accordance with § 923 ff ABGB. The period is 24 months for consumers and 12 months for entrepreneurs from the date of acceptance of the goods and, in the case of services, from the date of completion of the service. If replacement or improvement is not an option (not possible, too much effort, unreasonable, delay, etc.), you are entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (rescission). Warranty rights do not exist for minor changes to services in accordance with point VII.
The following only applies to entrepreneurs: They must inspect the delivered goods for defects within a reasonable period of time and notify us of these in writing within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to us in writing within a period of one week from discovery. Timely despatch shall suffice to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the complaint.
The costs for the return shipment in the event of a defect are to be borne by us. In this case, please contact our customer service by e-mail at mail@biogena-one.com or by telephone on +43 662 23 11 11.
10. assignments of receivables
In the event of resale of the goods, the customer hereby assigns to us his claims against third parties until final payment of our claims. Upon request, the customer shall name his buyers to us and inform them of the assignment in good time. The assignment shall be entered in the business books, in particular in the open items list, and shall be made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds received by him shall be segregated and the customer shall only hold them in our name. Any claims against an insurer are already now assigned to us within the limits of § 15 of the Insurance Contract Act. Claims against us may not be assigned without our express consent.
11. retention
The customer shall only be entitled to withhold payment for those defects that have been expressly recognised by us or established by a court of law, but only up to a maximum of a reasonable part of the gross invoice amount. In all other respects, offsetting and retention are generally excluded.
12. right of cancellation
For contracts concluded by customers who are consumers exclusively by distance selling and outside BIOGENA's business premises, the right of cancellation applies in accordance with the following provisions.
In addition to the right of cancellation and the money-back guarantee, the customer is entitled to withdraw from the contract in writing within 30 days without giving reasons. The cancellation period begins on the day on which the customer or a third party named by the customer, who is not the carrier, takes possession of the goods. To exercise this right of cancellation, the customer must inform BIOGENA by means of a clear declaration (e.g. by e-mail to mail@biogena-one.com or by post) of his decision to cancel this contract. The customer may use the model cancellation form below (point 13) for the cancellation. The use of the cancellation form is not mandatory.
To comply with the cancellation period, it is sufficient for the notification of the exercise of the right of cancellation to be sent before the expiry of the cancellation period.
Consequences of cancellation
If the customer withdraws from a purchase contract, he must return the goods received to BIOGENA without delay, but at the latest within 30 days of submitting the declaration of cancellation. The return period shall be deemed to have been observed if the goods are dispatched within this period. The direct costs of returning the goods shall be borne by the customer.
If the customer cancels the contract, BIOGENA shall refund to the customer all payments received by BIOGENA from the customer under this contract, including any delivery costs, without delay and at the latest within fourteen days of the day on which BIOGENA receives notification of cancellation of the contract. For this repayment, BIOGENA shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees for this repayment. BIOGENA may refuse repayment until we have either received the goods back or the customer has provided us with proof that the goods have been returned.
Exception to the right of cancellation
BIOGENA products are goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. The right of cancellation is therefore excluded as soon as the customer has removed the seal by opening the product packaging.
13. Sample cancellation form
If you wish to cancel the contract, you can fill in this form and send it back to us.
To Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg, email: mail@biogena-one.com:
I hereby cancel the contract concluded by me for the purchase of the following goods(*)/ provision of the following services(*):
-Ordered on/received on:
-Name of the consumer:
-Address of the consumer:
-Signature of the consumer (only for notification on paper):
-Date:
(*) Delete as appropriate
14. Choice of law, place of jurisdiction
Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contract language is German. Consumers within the scope of the KSchG and the EuGVVO (domicile of the defendant in an EU member state) or the Lugano Convention (domicile of the defendant in CH, NO, IS) are to be sued at their domicile or at the place of their habitual residence. In business transactions with entrepreneurs, the international jurisdiction of the Austrian courts and the local jurisdiction of the courts of the City of Salzburg are agreed.
15. Data protection, change of address and copyright
The customer agrees that the personal data contained in the purchase contract may also be stored and processed by us automatically for the fulfilment of this contract. The customer is obliged to inform us of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last known address. All logos, samples, catalogues, brochures, illustrations and the like shall always remain our intellectual property; in the absence of a separate agreement, the customer shall not receive any rights to use or exploit them in any way whatsoever.
You can find more detailed information on the handling of your personal data in our privacy policy.
