General Terms and Conditions for Online Orders

For online orders in our online shop at www.biogena.com (the “website” and “webshop") and the use of our My Biogena Coach App (point XIII), the following General Terms and Conditions in their version valid at the time of order apply exclusively to the business relationship between the person placing the order (customer) and Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg, hereinafter referred to as “Biogena”. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if they are known, unless their validity has been expressly agreed in writing. These Terms and Conditions of Business 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 persons or legal entities or partnerships for which the present contract forms part of the operation of their company. Companies are all permanently established organisations pursuing independent business activities even if these activities are not profit oriented.

For questions or complaints, please contact: Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg, Infoline: Infoline DE: Fax: +43 662 23 11 11-5590, Email: info@biogena.com

You also have the option of sending complaints to the EU online dispute resolution platform: https://ec.europa.eu/odr

Our webshop is operated by our company named in the Legal Notice. Essential features of the goods and services offered: Trading business; production and trade in food and beverages (in particular nutritional supplements); information about products offered and promotion of sales of the same.

Our offers are non-binding and subject to change. We reserve the right to make technical and other changes within reasonable limits.

Your order on www.biogena.com is an offer to Biogena to conclude a purchase contract. The order is placed by clicking the “Buy” button and clicking the “Accept general terms and conditions (GTC)” checkbox. Biogena saves the contract text and sends you an order receipt confirmation by email. You can view and change your orders and your personal data at any time by logging in.

The purchase contract is only concluded with the acceptance of the offer by Biogena and a claim to delivery of the goods is created. The order receipt confirmation automatically sent by Biogena does not yet constitute acceptance of your offer. Rather, the offer is accepted by sending the confirmation of dispatch to the email address provided by you. The settlement is made in euros (EUR) or for customers from Switzerland in Swiss francs (CHF).

The sale is only made in household quantities and only to adults, i.e. persons who have completed their 18th year of age. You confirm that your age information provided corresponds to the facts.

You must not pass on the password required for the order to third parties. In the event of a transfer, you are also responsible for orders from the third party. You are responsible for the payment of any orders with your password and any resulting claims.

The webshop, the content of the contract, all other information, customer service, data information and complaints processing are only provided in the German language.

The following applies to consumer transactions: Unless otherwise expressly stated, the prices that we specify are to be understood as inclusive of statutory VAT. The total amount stated in the shopping cart includes the gross product price and the gross delivery price. In the relationship with entrepreneurs, all prices that we specify are to be understood as exclusive of VAT, unless otherwise expressly stated.

In relation to registered customers from A, DE, CH and IT, the purchase price must be made by payment on account within 10 days or conveniently by PayPal. Customers outside the EU can pay by credit card or PayPal. The invoice will be delivered together with the package. Payment via SEPA direct debit must be agreed separately with Biogena. Guest orders within and outside the EU can only be made with PayPal. Customer payments are only considered to have been made when they are received on our business account. The delivered goods remain the property of Biogena until full payment.

In the event of default of payment by the customer, we shall be entitled to demand default interest in the statutory amount as well as the reimbursement of the necessary and appropriate dunning and collection costs (in every case in relation to entrepreneurs, but not exclusively EUR 40.00). Our company shall be entitled, in the event of default of payment by the customer, to charge compound interest from the date of the handover of the goods. In the event of payment default on the part of the customer, Biogena shall be entitled to withdraw from the contract pari passu, notwithstanding the other provisions pursuant to § 918 (1) ABGB (Allgemein Bürgerliches Gesetzbuch [Austrian Civil Code]), setting a grace period. With regard to other options for withdrawal, reference is made to the statutory provisions.

Cancellation policy

Consumers may 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 named by him, who is not a freight forwarder. If the consumer has ordered several goods within the framework of a uniform order and the goods are delivered separately, the period begins with the receipt of the last goods. For orders with regular deliveries of goods over a fixed period of time (subscription), the period begins on the day on which the consumer or a third party named by the consumer who is not acting as a carrier has taken possession of the first goods. For the timeliness of the withdrawal, it is sufficient if the declaration of withdrawal is sent within this period.

In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract. 

The declaration of withdrawal/revocation must be addressed to: Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg, Infoline: Infoline DE:
Fax: +43 662 23 11 11-5590 or by email to info@biogena.com. The withdrawal can be made in any form (e.g. letter, telephone, fax or email). You can also use the sample cancellation form.

In the event of an effective revocation, we will reimburse you the payments that you have made (excluding the return costs) within fourteen days from the day on which we received the notification of your revocation of this contract. We may refuse to refund you until we have received (and checked) the goods again or until you have provided proof that you have returned the goods, whichever is the earlier date for you. For this repayment, we will use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you. We will not charge you any fees for the repayment under any circumstances. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods that is not necessary for checking the condition, characteristics and functionality of the goods.

You must return the goods to BIOGENA Logistikzentrum Natternbach, z.H. Retourenabteilung, Badstraße 8, AT-4723 Natternbach immediately and in any case within fourteen days at the latest from the day on which you informed us of the cancellation. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

There is no right of cancellation for the delivery of quickly perishable goods, sealed goods that are not suitable for return for reasons of health protection or hygiene as soon as the seal has been removed (e.g. cosmetics, opened preparations), goods, if these are not available after delivery due to their condition of being inseparably mixed with other goods,

Goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations on the market, over which the contractor has no influence,

Audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery, for the delivery of newspapers, journals or magazines, with the exception of subscription contracts.

Changes compared to the agreed service or deviations are reasonable on the part of the customer if they are minor and can be objectively justified. This applies in particular to deviations due to the nature of the object (e.g. in the case of measurements, colours, texture, etc.).

Compensation for damages due to breach of an obligation arising from the contractual relationship must be paid under the statutory conditions. The claim for damages must be asserted in court within 3 years of the knowledge of damages and of the injuring party in the event of other limitation. The same applies to claims based on the Product Liability Act. All instructions on the packaging and inserts must be observed. No liability is assumed for any use or handling that deviates from this. If the customer is an entrepreneur, we are not liable – except in the case of personal injury – for minor negligence or for lost profits. Recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the person entitled to recourse proves that the fault was caused on our side and was at least due to gross negligence.

You have a statutory warranty right in accordance with § 923 et seq. ABGB. The deadline for consumers is 24 months, for entrepreneurs 12 months from the acceptance of goods and for services with the conclusion of the service. If an exchange or improvement is not considered (not possible, too much effort, unreasonable, delay in time, etc.), then you are entitled to a price reduction or, if the defect is not minor, to the cancellation of the contract (conversion). Warranty rights do not exist for minor changes in performance pursuant to Point VII.

The following applies only to entrepreneurs: They must examine the delivered goods within a reasonable period for defects and notify us 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 their discovery. Timely dispatch is sufficient to meet the deadline. The contractor shall bear the full burden of proof for all requirements for the claim, in particular for the defect itself, for the time of the determination of the defect and for the timeliness of the complaint.

The costs for the return shipment in the event of a defect shall be borne by us. In this case, please contact our customer service by email to info@biogena.com or by phone on Infoline +49 8654 774 00-0

In the event of the resale of the item, the customer assigns his claims against third parties until the final payment of our claims for payment. Upon request, the customer must inform us of his purchasers and inform them of the assignment in a timely manner. The assignment must be entered in the accounts, in particular in the open item list and 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 are to be kept separate and the customer shall only hold these in our name. Any claims against an insurer have already been assigned to us within the limits of § 15 Insurance Contract Act. Claims against us may not be assigned without our express consent.

The customer shall only be entitled to retain payment for those defects that we expressly acknowledge or have determined in court, but at most in the value of an appropriate part of the gross invoice amount. In all other respects, offsetting and retention are excluded.

Austrian law applies. 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 application of the KSchG (Konsumentenschutzgesetz [Consumer Protection Act]) and the EuGVVO (European Convention on Jurisdiction and the Enforcement of Judgements – Defendant’s domicile in an EU member state) or the Lugano Convention (Defendant's domicile in CH, NO, IS) must 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 is agreed.

The customer grants his consent that the personal data contained in the purchase contract will also be stored and processed by us in an automated manner in order to fulfil this contract. The customer is obligated to notify us of any changes to his residential or business address for as long as the contractual legal transaction is not fully fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last published address. All logos, samples, catalogues, brochures, illustrations and the like shall always remain our intellectual property; the customer shall not receive any rights of use or exploitation of any kind in the absence of a separate agreement.

You can read more information about the handling of your personal data in our Data Privacy Policy.

By registering on www.biogena.com, the customer also receives access to our free consultation app “My Biogena Coach” (the “App”). 

Further information on the processing of the customer’s personal data within the app can be found in our data protection regulations (https://www.biogena.com/de-AT/datenschutz.html).

By using the app, the Customer does not assume any rights or obligations or conclude any contracts within the App. All purchases are made via the official Biogena webshop. It is possible that direct links may be provided by Biogena during the chat, which will forward the customer to the webshop on the website. The customer can then complete the purchase in the webshop. Conclusion of a contract (e.g. purchase of products) via the App is expressly excluded.

Coaching/chat function

Biogena gives the customer the opportunity to book an appointment for a consultation. This function should enable the customer to receive virtual advice. The Customer may only communicate with Biogena employees with the relevant training. Biogena expressly points out that communication is limited to those topics and areas that are communicated in the Biogena Store; in particular, any medical consultations reserved for healthcare professionals and/or pharmacists and/or doctors are expressly excluded. For the sake of clarity, it is stated that the consultation can only be carried out regarding Biogena products and their ingredients as well as within the framework of Biogena authorisations.

Biogena also points out that no purchases of products of any kind can be made on the app or via its coaching/chat function. All purchases are made via the official Biogena webshop.