Terms and conditions and data protection
GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope and provider
(1) These general terms and conditions apply to all orders you place in the online shop
BMTLAB
Krautgartenweg 5, 88480 Achstetten
Tel.: +49152 02750004
Email: info@bmtlab.de
Owner: Artyom Engel
make.
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18. We would like to point out that products intended for invasive treatments must only be used by doctors (with a license to practice medicine) and alternative practitioners (with HP permission).
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to.
(4) The contract language is exclusively German.
(5) You can read the currently valid general terms and conditions on the
Website https://bmtlab.de/en/pages/agb-und-datenschutz.
retrieve and print out.
2. Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking the button [“Order now with payment” / “buy”] you are making a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not concluded through confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you - without a prior express declaration of acceptance.
3. Prices
The prices stated on the product pages include statutory VAT and other price components and do not include the respective shipping costs. Further information about shipping costs can be found on our website under [“Shipping information” / “Delivery conditions”].
4. Payment terms; Default
(1) Payment can be made either by:
Bank transfer in advance,
Instant bank transfer,
Credit card,
Paypal,
Last name (upon request via email).
(2) We are responsible for selecting the available payment methods. In particular, we reserve the right to only offer you selected payment methods for payment, for example only advance payment to protect our credit risk.
(3) If you select the payment method in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.
(4) If paying by cash on delivery, an additional fee of EUR 7 will be charged, which will be charged by the delivery person on site. There are no further costs or taxes.
(5) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account will actually be charged at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) If you fall behind with a payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter that is sent to you after the default occurs, you will be charged a reminder fee of EUR 5.50, unless lower or higher damage can be proven in the individual case.
5. Set-off/right of retention
(1) You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us or has a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6. Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
(2) The goods remain our property until the purchase price has been paid in full.
(3) In exceptional cases, we are not obliged to deliver the ordered goods if we ordered the goods correctly but were not delivered correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this fact immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments you have already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(4) If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies:
- We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.
- You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined or mixed, 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.
- We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
7. Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that cannot primarily be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us
Company: BMTLAB
Address: Krautgartenweg 5, 88480 Achstetten
Email: info@bmtlab.de
Telephone: 015202750004
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you revoke this contract, we must repay all payments that we have received from you, including delivery costs, immediately and no later than fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.
At
Company: BMTLAB
Address: Krautgartenweg 5, 88480 Achstetten
Email: info@bmtlab.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for paper notification)
Date
(*) Delete what is not applicable.
End of revocation
(1) The right of withdrawal does not apply to delivery
- of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name),
- sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery,
- of goods if, due to their nature, they were inseparably mixed with other goods after delivery,
- audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- from newspapers, magazines or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to damage caused by inadequate packaging.
(3) Before returning the item, please call us on 015202750004 to announce the return. In this way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
8. Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such errors immediately to the delivery person and please contact us as quickly as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
9. Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used items is - contrary to the statutory provisions - one year. This limitation does not apply to claims due to damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation). as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) Otherwise, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of Section 14 BGB, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer's product description are binding regarding the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
- In the event of defects, we will, at our discretion, provide a guarantee through repair or replacement delivery (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.
- If supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
- The warranty period is one year from date of delivery.
10. Liability
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from injury to life, body and health of persons due to slight negligence.
(2) Otherwise, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents.
11. Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without going to court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/ .
We endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.
12. Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become ineffective, this will not affect the effectiveness of the remaining provisions.
(2) German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Convention on Contracts for the International Sale of Goods”). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
As of: April, 2018
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
DATA PROTECTION
The operators of these sites take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
It is generally possible to use our website without providing any personal data. As far as personal data (e.g. name, address or e-mail addresses) is collected on our pages, this is always done on a voluntary basis, as far as possible. This data will not be passed on to third parties without your express consent.
We would like to point out that data transmission over the Internet (e.g. when communicating via email) can have security gaps. Complete protection of data from access by third parties is not possible.
Data protection declaration for the use of etracker
Our website uses the etracker analysis service. The provider is etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg Germany. Usage profiles can be created from the data under a pseudonym. Cookies can be used for this purpose. Cookies are small text files that are stored locally in the cache of your Internet browser. The cookies make it possible to recognize your browser. The data collected using etracker technologies will not be used to personally identify visitors to our website without the separate consent of the person concerned and will not be combined with personal data about the bearer of the pseudonym.
You can object to data collection and storage at any time with effect for the future. In order to object to data collection and storage of your visitor data in the future, you can obtain an opt-out cookie from etracker using the following link, which means that no visitor data from your browser will be collected and stored by etracker in the future: http://www .etracker.de/privacy?et=V23Jbb
This sets an opt-out cookie called “cntcookie” from etracker. Please do not delete this cookie as long as you wish to maintain your objection. Further information can be found in etracker's data protection regulations: http://www.etracker.com/de/datenschutz.html
Data protection declaration for the use of Facebook plugins (Like button)
Plugins from the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, are integrated into our pages. You can recognize the Facebook plugins by the Facebook logo or the “Like” button on our site. You can find an overview of the Facebook plugins here: http://developers.facebook.com/docs/plugins/ .
When you visit our pages, the plugin establishes a direct connection between your browser and the Facebook server. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook "Like" button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This allows Facebook to assign your visit to our pages to your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Facebook. Further information can be found in Facebook's privacy policy at http://de-de.facebook.com/policy.php .
If you do not want Facebook to be able to assign your visit to our pages to your Facebook user account, please log out of your Facebook user account.
Data protection declaration for the use of Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
However, if IP anonymization is activated on this website, Google will first shorten your IP address within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other Google data.
You can prevent the storage of cookies by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: http://tools.google.com/dlpage/gaoptout?hl=de
You can prevent collection by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this website: deactivate Google Analytics
Data protection declaration for the use of Google +1
Our pages use functions from Google +1. The provider is Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA.
Collection and sharing of information: You can use the Google +1 button to publish information worldwide. Using the Google +1 button, you and other users will receive personalized content from Google and our partners. Google stores both the information that you gave +1 to a piece of content and information about the page you viewed when you clicked +1. Your +1 can be displayed as information along with your profile name and your photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and advertisements on the Internet.
Google records information about your +1 activities to improve Google services for you and others. In order to use the Google +1 button, you need a globally visible, public Google profile, which must at least contain the name chosen for the profile. This name is used across all Google services. In some cases, this name may also replace another name you used when sharing content through your Google Account. The identity of your Google profile may be displayed to users who know your email address or have other identifying information about you.
Use of the information collected: In addition to the purposes explained above, the information you provide will be used in accordance with the applicable Google data protection regulations. Google may publish aggregated statistics about users' +1 activities or pass them on to users and partners, such as publishers, advertisers or affiliated websites.
Data protection declaration for the use of Instagram
Functions of the Instagram service are integrated into our pages. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to assign your visit to our pages to your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.
Further information can be found in Instagram's privacy policy: http://instagram.com/about/legal/privacy/
Data protection declaration for the use of LinkedIn
Our website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Every time one of our pages that contains LinkedIn functions is accessed, a connection is established to LinkedIn servers. LinkedIn is informed that you have visited our website with your IP address. If you click on LinkedIn's "Recommend button" and are logged into your LinkedIn account, LinkedIn will be able to assign your visit to our website to you and your user account. We would like to point out that, as providers of the pages, we have no knowledge of the content of the data transmitted or how it is used by LinkedIn.
Further information can be found in LinkedIn's privacy policy at: https://www.linkedin.com/legal/privacy-policy
Data protection declaration for the use of Pinterest
On our site we use social plugins from the social network Pinterest, which is operated by Pinterest Inc., 808 Brannan Street San Francisco, CA 94103-490, USA ("Pinterest"). When you access a page that contains such a plugin, your browser establishes a direct connection to Pinterest's servers. The plugin transmits log data to Pinterest’s server in the USA. This log data may contain your IP address, the address of the websites visited that also contain Pinterest functions, the type and settings of the browser, the date and time of the request, how you use Pinterest and cookies.
Further information on the purpose, scope and further processing and use of the data by Pinterest as well as your related rights and options for protecting your privacy can be found in Pinterest's data protection information: https://about.pinterest.com/de/privacy-policy
Data protection declaration for the use of Piwik
This website uses the open source web analysis service Piwik. Piwik uses so-called “cookies”. These are text files that are stored on your computer and enable your use of the website to be analyzed. For this purpose, the information generated by the cookie about the use of this website is stored on our server. The IP address is anonymized before storage.
The information generated by the cookie about the use of this website will not be passed on to third parties. You can prevent the storage of cookies by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent.
If you do not agree to the storage and use of your data, you can deactivate the storage and use here. In this case, an opt-out cookie is stored in your browser which prevents Piwik from storing usage data. If you delete your cookies, the Piwik opt-out cookie will also be deleted. The opt-out must be reactivated when you visit our site again.
[Insert PIWIK iframe code here] (Click for instructions)
Privacy policy for the use of Tumblr
Our pages use buttons from the Tumblr service. The provider is Tumblr, Inc., 35 East 21st St, 10th Floor, New York, NY 10010, USA. These buttons allow you to share a post or page on Tumblr or follow the provider on Tumblr. When you access one of our websites with the Tumblr button, the browser establishes a direct connection with the Tumblr servers. We have no influence on the amount of data that Tumblr collects and transmits using this plugin. According to the current status, the user's IP address and the URL of the respective website are transmitted.
Further information can be found in Tumblr's privacy policy at http://www.tumblr.com/policy/de/privacy.
Data protection declaration for the use of Twitter
Functions of the Twitter service are integrated on our sites. These functions are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. This data is also transmitted to Twitter. We would like to point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Twitter. Further information can be found in Twitter's privacy policy at http://twitter.com/privacy.
You can change your privacy settings on Twitter in the account settings at http://twitter.com/account/settings .
Data protection declaration for the use of Xing
Our website uses functions of the XING network. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. Every time you access one of our pages that contains Xing functions, a connection is established to Xing servers. To our knowledge, personal data is not stored. In particular, no IP addresses are stored or usage behavior is evaluated.
Further information about data protection and the Xing Share button can be found in the Xing data protection declaration at https://www.xing.com/app/share?op=data_protection
Data protection declaration for the use of YouTube
Our website uses plugins from the YouTube site operated by Google. The website is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to YouTube's servers is established. The YouTube server is informed which of our pages you have visited.
If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
Further information on how user data is handled can be found in YouTube's privacy policy at https://www.google.de/intl/de/policies/privacy
Information, deletion, blocking
You have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing, as well as the right to correct, block or delete this data. You can contact us at any time at the address given in the legal notice for this purpose or for further questions on the subject of personal data.
1. Cookies
Some of the websites use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make our offering more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and that your browser saves.
Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser the next time you visit.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
2. Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
Browser type/browser version
operating system used
Referrer URL
Host name of the accessing computer
Time of server request
This data cannot be assigned to specific persons. This data will not be merged with other data sources. We reserve the right to subsequently check this data if we become aware of concrete indications of illegal use.
3. Contact form
If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us in order to process the inquiry and in case of follow-up questions. We will not pass on this data without your consent.
4. Objection to advertising emails
The use of contact details published as part of the imprint obligation to send unsolicited advertising and information materials is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, such as spam emails.
5. Newsletter data
If you would like to receive the newsletter offered on the website, we need an email address from you as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter . Further data is not collected. We use this data exclusively to send the requested information and do not pass it on to third parties.
You can revoke your consent to the storage of data, the e-mail address and their use to send the newsletter at any time, for example via the “unsubscribe” link in the newsletter.