General Terms and Conditions
This translation is for convenience only. The German version shall prevail.
scienova GmbH
Spitzweidenweg 30
07743 Jena
Germany
Managing Director: Dr. Stefan Kreusch
Commercial Register: HRB 503165, District Court of Jena
Phone: +49 (0)3641 504 586
Fax: +49 (0)3641 504 587
Email: order@scienova.com
VAT ID according to § 27 a German VAT Act: DE262484327
Scope
These Terms and Conditions of “scienova GmbH” (hereinafter referred to as the “Seller”) apply to all contracts concluded by a customer with the Seller relating to the products and/or services presented in the Seller’s online shop. Any customer’s own terms and conditions are hereby expressly rejected, unless otherwise agreed.
Customers in the sense of Section 1.1 are both consumers and business customers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business customer is any natural or legal person or legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
Conclusion of Contract
The product presentations in the Seller’s online shop constitute an invitation for the customer to submit a binding offer.
The customer may submit an offer in writing, by fax, by email, or through the integrated online order form. When placing an order via the online form, the customer submits a legally binding offer for the goods in the shopping cart by clicking the “Order” button. Before submitting the order, the customer can review and modify the entered data at any time using standard keyboard and mouse functions. A final summary of the order is shown before confirmation.
The Seller will confirm receipt of the customer’s offer promptly via electronic means (fax or email). The Seller may accept the customer’s offer within five days by sending an order confirmation (by mail, fax, or email) or by dispatching the goods. The Seller reserves the right to reject orders.
Order data will be stored by the Seller and may be viewed by the customer via their password-protected account, provided the customer created an account before placing the order.
Order processing and communication take place via email and automated systems. The customer must ensure the email address provided is correct and can receive messages from the Seller. Spam filters must not block these emails.
Right of Withdrawal for Consumers
Consumers within the meaning of § 13 BGB are entitled to a right of withdrawal as follows:
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 you or a third party named by you (not the carrier) takes possession of the goods. If multiple goods are ordered and delivered separately, the withdrawal period begins when the last item is received. Goods must be related to be considered a single order. If goods are delivered in multiple consignments or parts, the withdrawal period begins when the final part is received.
To exercise your right of withdrawal, you must notify us—scienova GmbH, Spitzweidenweg 30, 07743 Jena, Germany, Phone: +49 (0)3641 504586, Fax: +49 (0)3641 504587, Email: order@scienova.com—by means of a clear statement (e.g., letter, fax, or email). You may use our model withdrawal form, though it is not mandatory.
To comply with the withdrawal period, it is sufficient to send the notification before the period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery charges (except for additional costs incurred by selecting a delivery method other than our standard, least expensive option), promptly and within fourteen days from the day your withdrawal notice is received.
The refund will be made using the same payment method you used in the original transaction, unless explicitly agreed otherwise; in no case will fees be charged. We may withhold the refund until the goods are returned or you provide proof of return—whichever comes first.
You must return the goods to scienova GmbH, Spitzweidenweg 30, 07743 Jena, Germany, without undue delay and within fourteen days of notifying us of the withdrawal. This deadline is met if the goods are dispatched before the fourteen-day period expires.
You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functionality of the goods.
— End of withdrawal policy for consumers —
No right of withdrawal applies to customers acting in a business capacity or to the delivery of goods made to customer specifications, clearly tailored to personal needs, or sealed items that are not suitable for return due to health or hygiene reasons or by nature cannot be returned, as well as in all other legally regulated exceptions.
Prices and Payment Terms
All prices listed include all applicable taxes, including VAT under German law. Any additional delivery and shipping costs are indicated separately within the respective product descriptions. In the case of cross-border deliveries, additional costs such as customs duties and taxes may apply.
For deliveries within Germany, the following payment methods are available unless stated otherwise:
Prepayment via
Bank Transfer
PayPal
Sofortüberweisung.de
Purchase on Invoice
For international deliveries (if offered), the same payment methods are available.
If prepayment is selected, payment is due immediately upon contract conclusion.
For payment on invoice, the purchase price is due within ten (10) days after receipt of the invoice, unless otherwise agreed. In this case, the Seller is entitled to forward the customer’s data for credit checks to:
Schufa Holding AG, Kormoranweg 5, 65201 Wiesbaden
arvato infoscore GmbH, Rheinstraße 99, 76532 Baden-Baden
accumio finance services GmbH, Erzbergerstraße 18, 68165 Mannheim
The Seller may refuse invoice payment based on the result of the credit check.
For direct debit payments, the customer authorizes the Seller to collect the invoice amount from the provided bank account. Fees incurred from failed transactions due to insufficient funds or incorrect account details are the customer’s responsibility, provided the customer is at fault.
Offsetting is only permitted if the customer’s counterclaims are legally established or undisputed. A right of retention may only be exercised if it arises from the same contractual relationship.
The new customer discount of 10% does not apply to discounted products.
Shipping and Delivery Conditions
Goods are shipped to the delivery address provided by the customer during checkout. If payment is made via PayPal, the delivery address stored in the PayPal account applies.
If delivery is not possible, the shipping company returns the goods to the Seller. The customer bears the costs of failed delivery unless they are not at fault or are exercising their right of withdrawal.
The risk of accidental loss or damage passes to the customer upon delivery. If the customer is a business customer, risk passes upon dispatch to the carrier.
Delivery times for business customers are subject to timely and proper supply to the Seller.
Retention of Title
The delivered goods remain the property of the Seller until full payment is received.
Warranty
In the event of defects, statutory warranty rights apply. Deviations apply as follows:
For business customers: minor defects do not constitute warranty claims; the limitation period for new goods is one year from the date of transfer of risk. Used goods are sold without warranty. Replacements do not restart the limitation period.
For consumers: the limitation period is two years for new goods and one year for used goods.
Warranty periods for recourse claims under § 478 BGB remain unaffected. These limitations do not apply in cases of intent, gross negligence, fraudulent concealment of defects, or claims for damages.
Merchants must comply with inspection and notification obligations under § 377 HGB.
Consumers are encouraged to report obvious transport damage to the carrier and the Seller, though this has no effect on their legal rights.
If replacement goods are provided, the customer must return the original goods within 30 days at the Seller’s expense.
Warranty claims are non-transferable.
Liability
The Seller is fully liable in cases of injury to life, body, or health, as well as for intent, gross negligence, fraud, and mandatory liability under laws such as the Product Liability Act.
Otherwise, liability is limited:
For negligent breach of essential obligations, the liability is limited to foreseeable, typical damages.
For minor breaches, liability is limited to the value of the order.
Applicable Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law only applies to the extent it does not deprive them of mandatory protections in their country of residence.
For merchants, legal entities under public law, or public special funds, the place of jurisdiction is the Seller’s registered office. The same applies if no general jurisdiction exists in Germany or the EU, or the customer’s residence is unknown at the time of filing suit.
The contract language is German.
Last updated: July 2017