General Terms and Conditions

§ 1 Scope of application, definitions

  1. These General Terms and Conditions (hereinafter: “GTC”) apply to all contractual relationships of botiss biomaterials GmbH, Hauptstr. 28, 15806 Zossen, (hereinafter: “Provider”, “us”) with its contractual partners (hereinafter: “Customer”), which they conclude via the website , in particular for orders and bookings via the online store. For the booking of online/offline events (hereinafter: “Events”), the “Event T&Cs” apply in addition, which are included in the contract when the event is booked. In the event of contradictions, the “Event T&Cs” shall take precedence over these T&Cs.
  2. The products offered in our online store are aimed exclusively at customers in their capacity as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e. who are acting in the exercise of their commercial or independent professional activity when concluding the contract. Our products (hereinafter: “goods”) are currently sold and delivered exclusively to dentists/dental practices licensed in Germany or Austria – or clinics based in Germany or Austria , unless expressly agreed otherwise during the ordering process. We offer other services, such as bookings of events, to entrepreneurs, even if they do not have one of the aforementioned dental licenses and are based in other countries. Before concluding the contract, we can demand that the customer provides us with sufficient proof of his entrepreneurial status, e.g. by providing the VAT ID number or other suitable evidence, in particular with regard to the dentist’s license. The data required for the proof must be provided completely and truthfully by the customer.
  3. Our deliveries, services and offers are made exclusively on the basis of these GTC, unless expressly agreed otherwise with the customer. The GTC shall also apply to all future business relationships, even if they are not expressly agreed again. We shall not recognize any deviating or conflicting terms and conditions of the customer unless we have expressly agreed to them. The performance of the services shall not be deemed to constitute such consent.

§ 2 Registration as a customer, customer account

  1. In addition to direct orders, the customer has the option of creating their own customer account and thus registering in our trading system. Registration alone does not constitute any obligation to purchase the goods offered by us or to book events. Eligible to participate are entrepreneurs (see § 1 para. 2).
  2. In the customer account, the order and booking history can be viewed and past invoices can be stored. The profile created by the customer can be edited and the newsletter subscription can be changed. Furthermore, by logging in, the customer is given the opportunity to write comments on our blog articles. Registered users do not have to enter their personal data each time they place an order/booking, but can simply log in to their customer account before or during an order/booking using their e-mail address and the password they chose when registering.
  3. The data required to create the customer account must be provided completely and truthfully by the customer. The customer is responsible for entering any subsequent changes to personal data. Customer accounts are not transferable.
  4. The password chosen by the customer must be kept secret by the customer. The customer is obliged not to disclose the password to third parties, i.e. persons outside the customer’s company or persons in the customer’s company who are not authorized to represent the customer. The customer must inform us immediately if there are any indications that the customer account has been misused.
  5. We are entitled to terminate the user contract at any time with a notice period of two weeks in text form. Customers can terminate the contract of use at any time without notice by deleting their customer account using the corresponding functionality or by contacting us by email at . After termination of a contract of use, the customer account and the data stored therein will be deleted.

§ 3 Subject matter of the contract, conclusion of the contract

  1. Our online store offers goods, including medical products, as well as other services such as Events . On the website, the customer can find out about the goods and services on offer and place them in the shopping cart. In the shopping cart, it is possible to check and correct the order (e.g. change the quantity) or remove selected goods or services completely. The customer can also use the back function of the browser to correct their selection and entries until the order form is submitted or to cancel the order. If goods or services have been placed in the shopping cart, the customer first clicks on the “Continue” buttons to reach a page where the customer can enter their data and then select the shipping and payment method. Finally, an overview page opens where the details can be checked. The input errors (e.g. regarding payment method, dates or the desired quantity) can be corrected by clicking on “Edit” in the respective field. If the customer wishes to cancel the order process completely, the browser window can simply be closed. Otherwise, after clicking on the order button (“order for a fee”), the customer’s declaration becomes binding within the meaning of Section 3 (2) of these GTC.
  2. The V contract is concluded through offer and acceptance. The placement of the goods and services offered in the online store constitutes a binding offer by the provider. The customer accepts this in a legally binding manner by clicking on the order button at the end of the order process. After completing the order, the customer receives an order confirmation by e-mail, which confirms receipt of the order.
  3. The text of the contract is not saved by the provider after conclusion of the contract and is not made accessible to the customer. The customer is not entitled to the transmission of the contents of the contract in text or written form.
  4. The online store is available in both German and English. The choice of contract language (German or English) is the responsibility of the customer .

§ 4 Prices and shipping costs

  1. The prices stated in our online store are net prices. The applicable statutory sales tax, if applicable, is added.
  2. . As a rule, shipping is free of charge from an order value of EUR 150.00. Below this amount, the shipping costs are EUR 7.00 (net).

§ 5 Terms of payment, default

  1. We accept bank transfer, PayPal and credit card as payment methods.
  2. All payments are due within 30 days of receipt of the invoice.
  3. If the payment method “bank transfer” is selected, we will send the customer the account information required for a bank transfer after the order has been placed.
  4. In the case of payment by credit card, the purchase price is reserved on the customer’s credit card at the time of the order (“authorization”). The customer’s credit card account is actually debited at the time we dispatch the goods to the customer.
  5. When paying by PayPal, the customer is redirected to the website of the provider PayPal after completing the order. After logging into the customer account, the payment instruction to PayPal can be initiated. The prerequisite is that the customer has a customer account with PayPal and has stored their bank or credit card details there.
  6. If the customer defaults on a payment, he shall be obliged to pay the statutory default interest of 9 percentage points above the base interest rate. The right to claim further damages remains reserved.

§ 6 Offsetting/right of retention

  1. The customer shall only be entitled to set-off if his counterclaim has been legally established or is not disputed by us.
  2. The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.
  3. We may assert a right of retention against all future orders of the customer, including recognized orders, if the customer does not meet his payment obligations.

§ 7 Delivery, transportation risk, return

  1. Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by the customer.
  2. The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other third party appointed to carry out the shipment. The handover begins at the same time as the loading process. A delay in acceptance by the customer shall result in the transfer of risk.
  3. We shall be released from our obligation to perform if we ourselves have not been supplied on time by our suppliers within the scope of a congruent covering transaction, unless we ourselves are responsible for the non-delivery. The customer shall be informed immediately about the missing delivery and the consideration shall be reimbursed immediately.
  4. We are entitled to make partial deliveries insofar as this is reasonable for the customer, taking into account the interests of both parties. Additional shipping costs shall be borne by us. The risk shall pass to the customer upon handover of the respective partial delivery. If we are in default with outstanding partial deliveries or if we are unable to deliver outstanding partial deliveries, the customer shall be entitled to withdraw from the contract as a whole or to claim damages for non-fulfillment of the entire obligation, provided that he has no interest in the partial delivery.
  5. It is not possible to return the products outside of the statutory warranty claims (see § 9). We are not obliged to take back the goods. Already booked events can be canceled in accordance with the cancellation conditions applicable to the respective event in accordance with the event terms and conditions.

§ 8 Retention of title

  1. We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.
  2. The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to us all claims in the amount of the invoice amount that accrue to the customer from the resale. We accept the assignment. However, the customer remains authorized to collect the claims. If the customer does not properly meet his payment obligations, we reserve the right to collect claims ourselves. It is the customer’s responsibility to check whether restrictions (e.g. professional restrictions) exist with regard to the resale.
  3. If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

§ 9 Warranty for the purchase of goods

  1. Unless expressly agreed otherwise, the customer’s warranty claims for the purchase of goods shall be governed by the statutory provisions of sales law (Sections 433 et seq. BGB) with the modifications specified in the following paragraphs.
  2. Minor or insignificant deviations in terms of color, material thickness and design of the goods are reserved and do not lead to a deviation from the agreed quality.
  3. Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. Samples, material properties and structure of the products may deviate from the information in the online store. Our information on the subject matter of the delivery or service, including the illustrations, are only approximate descriptions, unless an exact match is required for the contractual purpose.
  4. The customer is obliged to inspect the goods with due care for deviations in quality and quantity and to notify us of obvious defects immediately upon receipt of the goods. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect and give notice of defects.
  5. In the event of defects, we provide warranty by repair or replacement (subsequent performance). In the event of rectification, we shall not be required to bear the increased costs incurred by the transfer of the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
  6. If the supplementary performance fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract.
  7. The warranty period is one year from delivery of the goods. This limitation shall not apply to claims for damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by us or our vicarious agents.

§ 10 Liability

  1. We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.
  2. Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

§ 11 Copyrights

We have copyrights to all images, films and texts published on our website and in our online store. Use of the images, films and texts is not permitted without our express consent.

§ 12 Final provisions

  1. The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the provider. Mandatory statutory provisions remain unaffected by this.
  2. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  3. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.