Terms and Conditions

Terms of Service

Valid from 1. November 2019

The operator www.aho.bio ist AHO.BIO GmbH
Zum Pfingstanger 3
31848 Bad Münder
Deutschland
E-Mail: hey@aho.bio

– Hereafter „we“ or „us“ will be used–

1. General

1.1.All services that are provided to us for the customer are carried out exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time the contract was concluded. These terms and conditions apply exclusively. Deviating terms and conditions of the customer do not apply unless we expressly agree to them.

1.2.Our general terms and conditions apply exclusively. Terms and conditions of the customer that deviate from our general terms and conditions are not valid unless we expressly agree to them.

2.Termination of contract

2.1.The offers from AHO.BIO GmbH on the Internet represent a non-binding invitation to the customer to order goods in the online shop. By submitting the order (click on the “Buy now” button) on our website, the customer makes a binding offer to conclude a contract.

2.2.The confirmation of the receipt of the order follows immediately after the order has been sent and does not in principle constitute an acceptance of the contract. We can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or e-mail), whereby insofar as your receipt of the order confirmation is decisive, or by delivering the ordered goods, whereby the receipt of the goods by you is decisive, or by asking you to pay after submitting the order (e.g. PayPal payment).

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If we do not declare acceptance within the aforementioned period, this is considered a rejection with the result that you are no longer bound by your declaration of intent. The offer to conclude a purchase contract is made by the customer by adding the selected goods to the shopping cart and clicking on the “order process” button after completing the contact details and choosing the payment method. Before this, the customer can view and change the order at any time using the shopping cart symbol. Before submitting the order, the customer can check and change his information on the delivery and payment modalities again.

2.3. When submitting an offer via the provider's online order form, the contract text is saved by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, along with these terms and conditions. In addition, the text of the contract is archived on the provider's website and can be accessed free of charge by the customer via his password-protected customer account by specifying the corresponding login data, provided that the customer has created a customer account in the provider's online shop before submitting his order.

2.4. Before submitting a binding order using the provider's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.5. Only the German language is available for the conclusion of the contract.

3. Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must contact us, AHO.BIO GmbH, Zum Pfingstanger 3, 31848 Bad Münder; hey@aho.bio by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use this Muster-Widerrufsformular to do this, although it is not obligatory to do so. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email). In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the costs of the return if the goods delivered correspond to the goods ordered. In the event of a complaint about defective delivery, the return is free of charge for you. 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 to check the nature, properties and functionality of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

(1) for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer, or (2) for the delivery of goods that spoil quickly or whose expiry date would be exceeded quickly, or (3) for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or (4) for the delivery of clay or Video recordings or computer software in a sealed package if the seal has been removed after delivery or (5) contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

4. Delivery

4.1.Delivery takes place both within Germany and to other EU countries, Norway and Switzerland.

4.2.Delivery within Germany will be made as quickly as possible after the payment order has been placed with the transferring bank (in the case of prepayment) or after the conclusion of the contract (in the case of cash on delivery, purchase on account or payment via PayPal). The delivery time is a maximum of 10 days.

4.3.In the case of deliveries abroad, the delivery time can be extended accordingly. The delivery time is a maximum of 13 days.

5. Packing and shipping costs

5.1.We offer the following shipping methods: DHL.

5.2 For delivery within Germany and packaging costs, we calculate the shipping price specified in the offer. The shipping costs are shown and communicated separately for each order.

5.3 For orders with an order value of more than EUR 29 including VAT, we deliver free of charge within Germany.

5.4 For deliveries abroad, exemption from shipping costs applies to orders over EUR 99 including VAT.

6. Payment, retention of title

6.1 All prices quoted are gross prices in euros, which include the statutory value added tax of currently 7% (food) or 19% (accessories). Prices are valid on the day orders are submitted.

6.2 The following payment methods are possible for deliveries within Germany and for deliveries abroad:

a) by credit card (debiting takes place before the goods are dispatched; the following credit cards are permitted: VISA, Master-Card)

b) by PayPal (debiting takes place before the goods are dispatched; the customer is obliged to use the Purchase price to be paid by bank transfer to our PayPay account); In this case, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/ mpp/ua/useragreement-full. 


c) If you pay in advance, you will receive an email from us with the exact invoice details. It is therefore essential that you enter your e-mail address and your telephone number in the order form so that we can contact you. When making your transfer, please state your name and the invoice number as the purpose for payment so that we can assign your incoming payment to the order.

7. Retention of title

7.1 In relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7.2.In relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

7.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.

7.4.The customer must inform us immediately of any foreclosure measures taken by third parties against the goods subject to retention of title, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Regardless of this, the customer must inform the third party in advance of the existing rights to the goods.

8. Guarantee

8.1 If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:

8.2.Für Unternehmer

– does not justify an insignificant defect in principle

Claims for defects; 


– the seller has the choice of the type of supplementary performance;

- In the case of new goods, the limitation period for defects is one year from the transfer of risk; 


– In the case of used goods, the rights and claims due to defects are fundamentally excluded;

- the statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.


8.3.For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.

8.4 The limitations of liability and reduction of the limitation period set out above do not apply 


– for items that have not been used for a building in accordance with their normal use and have caused its defectiveness, 


– for damages resulting from injury to life, limb or health based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,

- for other damages, which are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as 


– in the event that the seller has fraudulently concealed the defect. 


8.5.In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. 


8.6.If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.

8.7. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

If the supplementary performance has been carried out by means of a replacement delivery, the customer is obliged to return the first delivered goods to us within 30 days at our expense. The return of the defective goods must take place in accordance with the statutory provisions. We reserve the right to claim damages under the statutory requirements.

9. Liability, exclusion of liability and indemnification

We are liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:


9.1 We are unrestrictedly liable for any legal reason

- in the event of willful intent or gross negligence,

- in the event of willful or negligent injury to life,

body or health ,

- on the basis of a guarantee promise, unless otherwise regulated

in this regard,

- on the basis of mandatory liability such as under the Product Liability Act

9.2 If we negligently breach an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract gives us according to its content to achieve the 


The purpose of the contract is imposed, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

9.3 Otherwise our liability is excluded.

9.4 The above liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.

10. Data protection

We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent or only in the context of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. For more information, see our data protection declaration

Our privacy policy is available at THIS LINK.

11.copyright

The content and works on these pages created by the website operator are subject to German copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. If you should nevertheless become aware of a copyright infringement, we would ask you to inform us accordingly. If we become aware of legal violations, we will remove such content immediately.

12. Contents and links on our pages

12.1 The content of our website was created with the greatest care. However, we cannot assume any liability for the correctness, completeness and topicality of the content. As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7, Paragraph 1 of the German Telemedia Act. According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to research circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. At

We will remove this content immediately if we become aware of such legal violations. Our offer contains links to external third-party websites over whose content we have no influence.

12.2 We cannot therefore accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages.

12.2 The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. As soon as we become aware of legal violations, we will remove such links immediately.

13.Final provisions

The law of the Federal Republic of Germany is applicable to the exclusion of the UN Sales Convention, provided that this choice of law does not result in a consumer being withdrawn from mandatory consumer protection standards. This also applies if the customer does not have a place of residence within the European Union.

14. Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute settlement procedure according to the VSBG.

Our E-mail address is: ">hey@aho.bio

Language
German
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