Terms and Conditions for Online Orders as at 26 May 2026

I. Scope

These Terms and Conditions apply to all online orders placed via the webshop of Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg (“BIOGENA”) at www.biogena.com (“Webshop”) and at https://biogena-biohacking.com/home (“Booking Platform”), as well as for the use of the My Biogena App (“App”) operated by BIOGENA. by a purchaser or user (“Customer”) . Any deviating, conflicting or supplementary general terms and conditions shall not form part of the contract, even if BIOGENA is aware of them, unless BIOGENA has expressly agreed to their validity in writing to the customer.

Customer groups include consumers (“private customers”) as well as businesses (“business customers”) within the meaning of the Consumer Protection Act (KSchG); collectively “Customer”. Where individual provisions of the GTC apply only to one customer group, this is clearly indicated.

If you have any questions or complaints, please contact: Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg, Infoline: +43 662 23 11 11, Infoline DE: +49 8654 774 00-0, Fax: +43 662 23 11 11-5590, Email: [email protected]

II. Online orders in the webshop

1. Conclusion of contract

Products and services displayed in the BIOGENA webshop (“Offer”) are subject to change and non-binding. BIOGENA enters into contracts only with persons of legal age or persons with legal capacity for the relevant legal transaction and makes the offer only in quantities customary for household use. By concluding the contract, the customer confirms that they meet this age requirement.

An online order placed in the webshop constitutes an offer by the customer to BIOGENA to conclude a contract of sale. The order is placed by clicking the “Buy Now” button. BIOGENA stores the text of the contract and sends an order confirmation by email. This order confirmation, sent automatically by BIOGENA, does not constitute acceptance of the customer’s offer. BIOGENA only accepts the offer by sending a dispatch confirmation via email, and it is only then that the purchase contract between BIOGENA and the customer comes into effect.

Subscriptions are also offered in the webshop. The minimum duration of a subscription (“Subscription”) is one month (“Billing Period”). A subscription may be subject to a minimum term. Upon expiry of the minimum term, the subscription is automatically extended by a further month, unless the customer cancels in writing.

The terms of the contract, as well as all other information, customer service, data information and the handling of complaints, are provided in German only (the governing language).

2. Pricing

Invoicing is in euros (EUR) or, for customers from Switzerland, in Swiss francs (CHF).

It is agreed with private customers that, unless otherwise expressly stated, the prices quoted in the online shop are inclusive of statutory VAT. The total amount shown in the shopping basket includes the gross product price and the gross delivery costs. It is agreed with business customers that, unless otherwise expressly stated, all prices quoted in the online shop are exclusive of VAT, except for business customers in the online shop for Austria.

3. Change of address

The customer is obliged to notify BIOGENA of any changes to their residential or business address and email address (collectively “address”) until a legal transaction has been fully performed by both parties. If such notification is omitted, communications to the customer shall be deemed to have been received even if BIOGENA sends them to the last address provided.

4. Delivery, Transport, Default of Acceptance

The gross delivery costs are included in the total amount shown in the shopping basket and are calculated as follows, unless different costs are agreed during the checkout process:

Shipping fees

Free shipping from

Austria and Germany

4,90 EUR

19,90 EUR*

Italy

4,90 EUR

50,00 EUR*

Rest of EU area

(Except ***Estonia, Greece, Latvia, Lithuania and Cyprus)

4,90 EUR

75,00 EUR*

***Estonia, Greece, Latvia, Lithuania and Cyprus

9,90 EUR

100,00 EUR*

United Kingdom UK

9,90 EUR

100,00 EUR*

Switzerland and Liechtenstein

9,90 CHF

75,00 CHF*

Nationwide (Other countries on request)

9,90 - 35,90 EUR*

750,00 EUR*

*total bill

If the customer culpably fails to accept the goods ordered via the online shop despite BIOGENA’s readiness to deliver (default of acceptance), the customer remains obliged to pay the purchase price. At the same time, in this case, the risk of accidental loss or deterioration of the goods ordered via the online shop passes to the customer. The customer shall also bear the costs of storage and any further delivery attempts.

It is agreed with business customers that, unless otherwise expressly stated, all delivery costs quoted in the webshop are exclusive of VAT, except for business customers in the webshop for Austria.

5. Terms of payment

Customers with their place of residence or habitual abode in the EU and Switzerland may, in the webshop, provided the customer has already made a successful online payment once and unless otherwise communicated to the individual customer during the online ordering process, pay by invoice within 10 days or via the payment methods available in the webshop. In the case of payment by invoice, the invoice will be delivered together with the parcel. For customers outside the EU, payment is only possible via the other payment methods available in the online shop.

6. Late payment

In the event of late payment by the customer, BIOGENA is entitled to charge compound interest in addition to the statutory default interest from the due date. This means that interest at a rate of 4% p.a. is also charged on unpaid default interest.

7. Right of withdrawal for private customers

Private customers may withdraw from the contract within a period of 14 days without giving any reason. The period begins on the day the goods are received by the private customer or a third party designated by them who is not a carrier. If the private customer has ordered several items as part of a single online order and the goods are delivered separately, the period begins upon receipt of the last item. For orders involving regular deliveries of goods over a specified period (subscription), the period begins on the day on which the private customer or a third party designated by the private customer, who is not acting as a carrier, takes possession of the first item. For the withdrawal to be deemed timely, it is sufficient for the notice of withdrawal to be sent to BIOGENA within this period.

To exercise the right of withdrawal, the consumer must inform BIOGENA of their decision to withdraw from the contract. The withdrawal may be made in any form (e.g. letter, telephone, fax or email). The private customer may also use the model withdrawal form for this purpose. The notice of withdrawal must be sent to: Biogena GmbH & Co KG, Strubergasse 24, 5020 Salzburg, Infoline: +43 662 23 11 11, Infoline DE: +49 8654 774 00-0, Fax: +43 662 23 11 11-5590 or by email to [email protected].

In the event of a valid withdrawal, BIOGENA shall refund the private customer for any payments already made (excluding return postage costs) within fourteen days of the date on which the notice of withdrawal is received by BIOGENA. BIOGENA may withhold the refund until BIOGENA has received (and inspected) the goods or the private customer has provided proof that the goods have been handed over to a carrier for return. The refund will be made using the payment method selected by the private customer for the original payment.

There is no right of withdrawal for the delivery of

  • perishable goods, sealed goods which are not suitable for return for reasons of health protection or hygiene once the seal has been removed (e.g. cosmetics, opened preparations), goods which, due to their nature,

  • have become inseparably mixed with other goods after delivery,

  • goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs,

  • alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on market fluctuations over which the trader has no influence,

  • audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery, and the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

8. Returns and bearing of costs

The customer must return the goods to BIOGENA without delay and in any event no later than 14 days from the date of receipt of the notice of withdrawal to the BIOGENA Logistics Centre Natternbach, for the attention of the Returns Department, Badstraße 8, AT-4723 Natternbach. The deadline is met if the goods are handed over to a carrier before the deadline expires. The direct costs of returning the goods when exercising the right of withdrawal shall be borne by the private customer.

9. Minor changes to the service

Changes to the agreed service or deviations therefrom are reasonable for the customer if they are minor and objectively justified. This applies in particular to deviations caused by the nature of the item (e.g. in dimensions, colours, texture, etc.).

10. Compensation, product liability, notice of defects

BIOGENA shall not be liable to business customers for slight negligence, except in cases of personal injury. Liability for loss of profit is excluded. Claims for recourse by business customers within the meaning of Section 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused within our sphere of control and was at least due to gross negligence.

Business customers must inspect the delivered goods for defects within a reasonable period and notify us in writing of any defects within one week of receipt of the goods; otherwise, the assertion of warranty claims is excluded. Hidden defects must be reported to us in writing within one week of discovery. The business customer bears the full burden of proof for all prerequisites of the claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification.

11. Retention of title, assignment by way of security

The delivered goods remain the property of BIOGENA until full payment has been made.

In the event of the resale of the goods by a business customer, the latter hereby assigns to BIOGENA, by way of payment, its claims against third parties until such claims have been finally settled. Upon request by BIOGENA, the customer must name all purchasers and notify them in good time of the assignment for security purposes. The assignment for security must be recorded in the business records, in particular in the list of outstanding items, and must be made apparent to the purchaser in documents such as delivery notes or invoices. If the business customer is in arrears with its payments, the sales proceeds received by it must be booked separately and the business customer shall hold these solely on behalf of BIOGENA. Any claims against an insurer are hereby assigned to BIOGENA within the limits of Section 15 of the Insurance Contracts Act.

12. Right of retention, prohibition of assignment

The business customer shall only be entitled to a right of retention of payment in respect of defects that have been expressly acknowledged by BIOGENA or established by a court, but in any event not exceeding a reasonable proportion of the gross invoice amount. In all other respects, set-off and retention are generally excluded. Claims against BIOGENA may not be assigned without the express consent of BIOGENA.

13. Supplementary Provision for BIOGENA Biohacking

In addition to the online shop at https://biogena-biohacking.com/home, BIOGENA operates a booking platform for the purchase of supportive applications designed to promote general well-being (“Biohacking Services”). In addition to the other provisions in Chapter II of these General Terms and Conditions, the following applies to the purchase of Biohacking Services via the booking platform:

All Biohacking Services are intended exclusively for personal health care and do not constitute medical treatment or therapeutic measures in the legal sense. Use of these services is at the user’s own risk and does not replace medical advice, medical diagnosis or therapy. No promise of a cure is expressly associated with this.

Biohacking services can be booked as a single session, in packages (e.g. blocks of 5, 10 or 15) or as part of a subscription model. New customers may be offered a discounted first session, which may only be used once per person.

For Biohacking subscriptions, the specified allocation of credits is credited at the start of each new month of the subscription. Credits entitle the holder to use the services included in the Biohacking subscription. Unused credits expire at the end of each month and are replaced by the new allocation. The transfer or accumulation of unused credits beyond the respective billing period is not permitted.

BIOGENA is entitled to amend these Terms and Conditions in relation to Biohacking services. The amendments will be communicated via a personalised email sent to the most recently provided email address. If the customer does not agree with the amendments, they may submit a written objection within four weeks (“objection period”) of receiving the notification. If the customer objects and holds a subscription, this will continue under the old Terms and Conditions; however, the subscription will automatically end at the end of the minimum term or at the next possible renewal date. If the customer does not object, the changes will form the basis of the legal relationship from the notified date, which in any case lies after the objection period.

BIOGENA reserves the right to continuously develop or adapt Biohacking services and the terms of use, provided this is reasonable for customers and their legitimate interests are safeguarded.

III. My BIOGENA APP

By registering for the Biogena Club at www.biogena.com, the customer also gains access to our free app “My BIOGENA APP” (“App”).

1. Scope of services

In addition to the coaching/chat function, the App offers the same features as the online shop. For any contracts concluded via the App, the Terms and Conditions applicable to the online shop, as described above under Section II. “Online orders in the online shop”, shall apply.

2. Coaching/chat function

All employees have received appropriate training.

The advice relates exclusively to BIOGENA products and their ingredients and is provided within the scope of BIOGENA’s authorisation. BIOGENA expressly points out that communication is limited to those topics and areas communicated in the Biogena Store. In particular, all medical advice reserved for healthcare professionals and/or pharmacists and/or doctors is expressly excluded.

IV. Corporate Partnerships

BIOGENA offers additional benefits as part of corporate partnerships. The benefits of the respective corporate partnership are set out in the published terms and conditions of participation.

Businesses entitled to input tax deduction or VAT-exempt purchases are generally excluded from participating in corporate partnerships, unless these are specifically designated B2B corporate partnerships.

V. Competitions

BIOGENA occasionally runs competitions. This allows participants to win the prizes on offer.

Unless otherwise specified in the terms and conditions for the respective competition, only natural persons who have their main residence in the EU and are at least 18 years old at the start of the competition period are eligible to participate. Employees and relatives of employees of BIOGENA, any cooperation partners and their respective affiliated companies are excluded from participation.

The closing date for entries to the competition will be communicated via the relevant medium (social media post, newsletter, poster). The announcement of the winners is subject to change. Should the addresses or email addresses provided be incorrect or invalid, BIOGENA is under no obligation to trace the correct address. Any disadvantages arising from the provision of incorrect contact details shall be borne by the participants.

The prize cannot be redeemed for cash, other material goods or transferred to other persons. Winners may decline the prize. Digital prizes will be delivered via email, whilst physical prizes will be sent by post once the winner has provided their address. BIOGENA reserves the right to exclude from the competition any participants who use unauthorised aids or otherwise gain an advantage through manipulation. In such cases, prizes may also be revoked retrospectively and reclaimed.

If a participant does not confirm acceptance of the prize in writing to BIOGENA (at [email protected]) within two weeks of receiving the prize notification, the prize will be forfeited. In this case, a new winner will be drawn.

Participation in the competition is permitted for private purposes only. Neither the competition nor the content transmitted or created through it (in whole or in part) may be used by participants or third parties in the course of business. Participants may not offer the use of the competition, the content transmitted or produced through it, or access to the websites or their content to third parties, either for a fee or as part of sponsored services; nor may they distribute the content of the websites or the content produced through the competition themselves, or hold it in stock for distribution or any other commercial use. The programming of the competition must not be altered, edited, decompiled (including by means of reverse engineering), stored or reproduced.

BIOGENA reserves the right to amend or supplement these terms and conditions of participation at any time without giving reasons, insofar as this is necessary in the interests of simple and secure processing and, in particular, to prevent abuse or for other reasons.

VI. Governing Law, Jurisdiction

Austrian law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The language of the contract is German. Consumers falling within the scope of the KSchG and the Brussels I Regulation (defendant’s place of residence in an EU Member State) or the Lugano Convention (defendant’s place of residence in CH, NO, IS) shall be sued at their place of residence or at the place of their habitual residence. In business dealings with businesses, the international jurisdiction of the Austrian courts and the local jurisdiction of the courts of the City of Salzburg are agreed.

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