Terms & Conditions
Welcome to Biogena-USA.com. Biogena-USA.com is a trading name of Biogena USA Inc.
The following are general terms and conditions of Biogena-USA.com and govern the use of the site.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF OUR WEBSITE AND OUR WEBSHOP.
Biogena USA Inc. offers the services conditioned upon your acceptance of these terms, and your continued use of the website and webshop constitutes your agreement to these terms. If you do not wish to be bound by these terms, do not access or use the website or webshop.
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Not Medical or HealthCare Advice
- Return policy
- Price and Delivery Costs
- Shipment and delivery conditions
- Limitation of Liability Regarding the Use of the Seller's Online Shop
- Limitation of action
- Governing Law
- Designation of forum
1) Scope of Application
1.1 Our Terms and Conditions (GTC) were last edited in May 2019.
1.2 These Terms and Conditions (GTC) for online orders in our webshop at www.biogena-usa.com and thus for the business relationship between of the company Biogena USA Inc. (hereinafter referred to as "Seller”, “Biogena”, “We”, “Our” or “Us”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "Client”, “You” or “Your”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
These Terms and Conditions shall also apply to the user of the Seller's website.
1.3 A consumer pursuant to these GTC is every natural person who enters into a transaction primarily for personal, family, or household purposes.
1.4 Entrepreneurs are natural or legal persons or companies with legal capacity for which the present contract is part of the business of their company. Companies are all long-term organizations of self-employed economic activity, even if they are not intended to make a profit.
1.5 The Client’s use of the Seller’s website shall be deemed to reflect the Client’s agreement to be bound by these GTC.
1.6 The Seller reserves the right to amend or replace these GTC at any time. The Seller will inform the Client about substantial amendments at least 30 days prior notice. By continuing to access or use the service of the Seller’s online shop after those revisions become effective, the Client agrees to be bound by the revised GTC.
1.7 You are advised to check these Terms and Conditions from time to time for any changes or updates.
If you have any questions or complaints, please contact us at:
Biogena USA Inc., 8383 Wilshire Blvd, Beverly Hills, CA 90211, USA, Email: firstname.lastname@example.org
Essential characteristics of the goods and services offered: Trading company; production and trade of foodstuffs and luxury foodstuffs (in particular food supplements); information on products offered and promotion of their sale.
YOU SHOULD ALWAYS CHECK WITH YOUR LOCAL DOCTOR, HEALTH PRACTIONER OR HEALTH CARE PROVIDER BEFORE TAKING ANY PRODUCT LISTED ON THIS WEBSITE.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 Your order on www.biogena-usa.com represents an offer to Biogena to conclude a purchase contract. The order is placed by clicking the checkbox "I have read and accepted the General terms and conditions of your shop." and clicking the button "Send order". Biogena saves the contract text and sends you an order confirmation by e-mail. The Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The contract of sale is not concluded until Biogena accepts the offer which gives rise to a claim to delivery of the goods. The order confirmation sent automatically by Biogena does not yet represent an acceptance of your offer. The acceptance of the offer is rather made by sending the confirmation of dispatch to the email address you have given us.
Should the seller not accept the Client’s offer within a period of five days, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 Billing is in United States dollars (USD). 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 is correct. You may not pass on the password required for ordering to third parties. If you pass them on, you are also responsible for the third party's orders. You will be responsible for any orders with your password and any resulting claims.
Because of the nature of the World Wide Web, Biogena cannot prohibit minors from visiting this site. Biogena must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. Biogena requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to Biogena be 18 years of age or older.
2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The English language is exclusively available for the conclusion of the contract.
3) Not Medical or HealthCare Advice
Content contained on or made available through the site is not intended to provide and does not constitute medical or healthcare advice nor can it be relied upon as preventative care, cure or treatment for any disease or medical condition. You should consult with a qualified healthcare professional for advice regarding the diagnosis and treatment of any medical condition and before starting any vitamin, herbal or dietary supplementation, nutritional, exercise or other medication program. Your use of information available on or through this site is your own responsibility and own risk. The information on this site is provided for informational purposes only and is not meant to substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider.
The information contained herein does not establish a doctor-patient relationship. These therapies are not substitutes for standard medical care. Consult your physician before taking this or any other product. These products are not intended to diagnose, treat, cure or prevent any disease.
Information on this site is based on scientific studies (human, animal, or in vitro), clinical experience, or traditional usage as cited in each article. The results reported may not necessarily occur in all individuals.
4) Return policy
The Seller offers 14 days return policy from the day the Client received the item. Consumers can withdraw from the contract within a period of 14 days without giving reasons. The period begins on the day of receipt of the goods by the consumer or a third party designated by him who is not a carrier. If the consumer has ordered several goods under a single order and the goods are delivered separately, the period begins with receipt of the last goods. The timeliness of the withdrawal is sufficient if the declaration of withdrawal is sent within this period.
In order to exercise your right of withdrawal, you have to inform us of your decision to withdraw from this contract.
The declaration of withdrawal / revocation shall be addressed to: Biogena USA Inc., 919 Noth Market Street, 28409 Wilmington, North Carolina, USA, email@example.com
Withdrawal can be made in these form (e.g. letter, e-mail). You can also use the sample cancellation form.
You have to return the goods immediately, in the original sealed condition and in any case within 14 days at the latest from the day on which you inform Biogena of the withdrawal to the address given above. The deadline is met if you send the goods before the 14-day deadline has expired.
If the consumer withdraws from the contract in accordance with this provision, he or she shall bear the costs of returning the goods. In the event of a valid revocation, we will refund the payments made by you (excluding the return costs) within fourteen days from the day we receive notice of your revocation of this contract. We may refuse to refund until we have received (and inspected) the goods or until you provide proof that you have returned the goods, whichever is earlier for you. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees for the refund. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
The Seller does not accept returns for the following items :
- Quickly perishable goods, sealed goods which are not suitable for return for reasons of health protection or hygiene as soon as the sealant has been removed (e.g. cosmetics, opened preparations),
- Goods which, due to their nature, were inseparably mixed with other goods after delivery,
- Goods, for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller;
- Goods that are made to the Client’s specifications or are clearly personalized;
- Goods, which are liable to deteriorate or expire rapidly;
- Newspapers, periodicals or magazines
- Sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
- Sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery.
Furthermore, a refund will not be accepted, if
- the item has been used
- parts of the item are missing, including original packaging, documentation, warranty cards, manuals and accessories
- the returned item is damaged
5) Price and Delivery Costs
5.1 Prices are indicated in US dollars on the Seller’s website excluding taxes and shipping costs. Taxes and shipping costs have to be borne by the Client. Shipping costs are specified separately in the respective product description. Despite the Seller’s best efforts, it may happen that some of the items listed on the Seller’s site are incorrectly priced. If the price of an item is less than the Seller’s stated price, the Client will be charged with the lower amount. If the price of an item is higher than the price stated on the Seller’s site, the Seller will either contact the Client for instructions before shipping the item or reject the Client’s order and notify the Client of such rejection.
Biogena retains the right to change prices without notice or warning.
5.2 For deliveries to the United States, additional costs may arise such as transfer fees charged by the bank and taxes and/or customs duties. Those costs have to be borne by the Client .
5.3 Payment can be made using one of the methods mentioned in the Seller’s online shop . Payments by the customer shall not be deemed to have been made until they have been credited to our business account. The delivered goods remain the property of Biogena until full payment has been received.
5.4 To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third-party databases. We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co- operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
5.5 In the event of default of payment by the customer, we shall be entitled to charge default interest at the legal rate as well as the reimbursement of the necessary and appropriate reminder and collection costs (at least not exclusively USD 40.00 in relation to entrepreneurs. In the event of default of payment by the customer, our company is also entitled to demand compound interest from the day of delivery of the goods. In the event of default of payment by the customer, Biogena is entitled to withdraw from the contract step by step, without prejudice to the other provisions, setting a grace period. With regard to other withdrawal options, reference is made to the relevant legal provisions.
Biogena-usa.com retains the right to suspend supply of goods displayed if it is out of stock or for general site maintenance and may do this without warning or notice.
5.6 Force majeure – we will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability to you.
6) Shipment and delivery conditions
6.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
6.2 In the case of unavailability of an item, the Seller will inform the Client by e-mail as soon as possible. In such a case, the Seller will propose to the Client either to order another item shown on the Seller’s site in substitution or to cancel his order. If the Client chooses to cancel his order, he will be refunded, if his bank account has been debited. The Seller shall not be liable in case of unavailability of items.
6.3 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch.
6.4 The gross shipping costs are included in the total amount indicated in the shopping cart and are calculated as follows:
- USD 4,90 within US (free shipping for orders over USD 99,-)
The standard delivery time is 2-5 working days (= Monday to Friday, except holidays)
6.5 If the customer has not accepted the goods as agreed (default of acceptance), the customer is nevertheless obliged to pay, and the price risk passes to the customer. In this case Biogena shall also be entitled to reimbursement of the expenses incurred due to the delay in acceptance.
The Seller disclaims any implied warranty of merchantability or of fitness for a particular purpose in connection with the Client’s purchase of units of any item under this contract.
The Seller will not be liable for any indirect, special, consequential, or punitive damages, including lost profits arising out of or relating to this contract or the transactions it contemplates (whether for breach of contract, tort, negligence , or otherwise) and irrespective of whether the Seller has been advised of the possibility of any such damage. In no event will the Seller’s liability exceed the price the Buyer paid to the Seller for the specific Goods provided by the Seller giving rise to the claim or cause of action .
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to the Client but only to the extent such exclusions are not allowed. In such case, such exclusion shall be limited to the extent required by applicable law.
The customer shall only be entitled to withhold payment for those defects which have been expressly acknowledged by us or established in court, but only to the value of a reasonable part of the gross invoice amount at most. In all other respects, offsetting and retention are excluded.
Only for entrepreneurs: Entrepreneurs have to investigate the delivered goods for defects within a reasonable period and inform us in writing within a period of one week after the 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 after discovery. Timely dispatch is sufficient to meet the deadline. The full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notice of defect, lies with the entrepreneur. The costs for the return in case of a defect are to be borne by us. In this case, please contact our customer service by e-mail to firstname.lastname@example.org
8) Limitation of Liability Regarding the Use of the Seller's Online Shop
8.1 The use of the Seller’s online shop is at the Client’s or user's risk. The Seller’s online shop is provided on an “AS IS” and “AS AVAILABLE” basis. Consequently, the Seller gives no warranties of any kind whether express or implied, statutory or otherwise (including the implied warranties of merchantability, fitness for a particular purpose). Such warranties include, but are not limited to, any representations that material on this website is complete, accurate, reliable, timely, and non-infringing on third parties; that access to this website is uninterrupted or error-free; that this website is secure.
8.2 The Seller shall have no liability or responsibility whatsoever for any losses suffered caused by viruses that may infect the Client’s or the user's computer equipment or other property as a result of his use of, access to, or the downloading of any material from the Seller’s website. Downloading material from this website is done at the Client’s risk.
8.3 The links possibly provided on the Seller’s online shop might take the Client outside the Seller’s website. The Seller accepts no liability for the content, accuracy, or function of these other websites. The Seller accepts no liability deriving from a breach or omission in the privacy policies of third parties. The links are provided in good faith and the Seller cannot be held responsible for any subsequent change in other websites to which it provides a link. The inclusion of any links to other websites does not imply endorsement by the Seller.
8.4 Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to the Client or the user of the Seller's website but only to the extent such exclusions are not allowed. In such case, such exclusion shall be limited to the extent required by applicable law.
8.5 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 caused by the item (e.g. in dimensions, colors, structure, etc.).
8.6 You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
8.7 You further agree that you will not access by any means except through the interface provided by Biogena for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Biogena and its affiliates, are responsible for compliance with applicable local laws.
8.8 You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Biogena.
8.10 The customer gives his consent that the personal data contained in the purchase contract may also be stored and processed by us with the aid of automation in order to fulfill this contract. The customer is obliged to inform us of 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.
8.11 Any suggestions, ideas, comments or other similar submissions by users shall be deemed the sole property of Biogena, which shall not be liable for any use or disclosure, including without limitation use for commercial purposes, of such submissions. You agree to grant Biogena a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You hereby waive any claim, cause of action or other recourse that you might have against Biogena for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions.
9) Limitation of action
No action arising out of or relating to this contract or the transactions it contemplates may be commenced against the Seller more than 12 months after the basis for such claim could reasonably have been discovered.
Compensation for damages due to breach of an obligation arising from the contractual relationship is to be paid under the statutory requirements. All notes on the packaging and enclosures should be observed. No liability is assumed for any other application and/or handling.
10) Governing Law
The laws of the Federal State of the U.S. in which the Client has his permanent residence govern all legal relationships between the parties excluding the UN-Convention for the international sale of movable goods.
Waiver: If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
11) Designation of forum
A party bringing a legal action of proceeding against the other party arising out of or relating to this contract or the transactions it contemplates must bring the legal action or proceedings in the court of the State where the Seller has his place of business. Each party to this contract consents to the exclusive jurisdiction of the courts of the State where the Seller has his place of business for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.