Terms of service

Terms and Conditions

General Terms and Conditions and Customer Information

  1. General Terms and Conditions
  • 1 Basics

(1) These terms and conditions apply to all contracts that you conclude with us as a provider (biow.ch, a brand of Biow Health & Beauty AG) via the website www.biow.ch or others. Unless otherwise agreed, the inclusion of any terms and conditions used by you is contradicted.

(2) Consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the conclusion of a legal transaction in the exercise of their independent professional or commercial activity.

  • 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) Already with the placement of the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the appropriate button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data and the payment and shipping terms, all order data are finally displayed again on the order overview page.
If you choose as a payment method an instant payment system (eg. If you use as a payment method an instant payment system (eg PayPal / PayPal Express, Postpay, Sofort), you will either be guided in our online store to the order overview page or you will first be redirected to the website of the provider of the instant payment system.
If the redirection to the respective instant payment system, you make the appropriate selection or entry of your data. Finally, you will be redirected back to our online store to the order overview page.
Before submitting the order, you have the option here to check all the information again, change (also via the "back" function of the Internet browser) or cancel the purchase.
With the sending of the order via the "buy" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.

  • 3 Conclusion of the contract for download products

(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier).
Already with the placement of the respective download product on our website, we submit to you a binding offer to conclude a contract under the conditions specified in the item description.

(2) The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data and the payment terms, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page.
Before submitting the order, you have the option here to check all the information again, change (also via the "back" function of the Internet browser) or cancel the purchase.
With the sending of the order via the "buy" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(3) Your requests for the preparation of an offer are non-binding for you. We submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.

  • 4 License to use download products

(1) The download products offered are protected by copyright. You will receive a simple license of use for each download product purchased from us, unless otherwise stated in the respective offer.

(2) The simple license of use includes permission to save and/or print out one copy of the download product for your personal use on your computer or other electronic device.
You are prohibited from making any further copies. You are expressly forbidden to modify or edit a file or parts thereof and to make it available to third parties in any way, either privately or commercially.

  • 5 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Our possible specifications on file formats are to be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.

  • 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

  • 7 Warranty

(1) There are the statutory defect liability rights.

(2) As consumer you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

  • 8. Default of payment / reminder / collection
(1) The purchase price is due for delivery on account within 14 days after delivery of the goods. If payment is not made within this period, the customer is in default.

      (2) Biow Health & Beauty AG reminds the customer 3 in writing in case of default. The following fees are due with the reminder of the claim:

      reminder after 30 days [10 CHF]
      2nd reminder after 44 days [25 CHF]
      final reminder after 58 days [50 CHF]

      (3) If the outstanding amount is not paid even after the final reminder, the claim will be pursued. Biow Health & Beauty AG transfers the claim for collection to a collection agency.

      • 9 Choice of law, place of performance, jurisdiction

      (1) Swiss law shall apply. In the case of consumers, this choice of law shall apply only to the extent that this does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).

      (2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office, provided that you are not consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Switzerland or the domicile or habitual residence at the time of the action is not known. The right to also invoke the court at another statutory place of jurisdiction remains unaffected.

      (3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply

      2. Customer Information.

      1. Identity of the seller

      Biow Health & Beauty AG
      (biow.ch)
      Bundesplatz 9
      6300 Zug
      Switzerland

      Telephone: +41 (0)76 792 14 14 or +41 (0)41 743 14 14
      E-mail: phofstetter@biow.ch

      2. Information on the conclusion of the contract

      The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I. ).

      1. Contract language, contract text storage

      3.1 Contract language is German.

      3.2 The complete contract text is not stored by us. Before sending the order via the online - shopping cart system, the contract data can be printed or electronically saved via the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail.

      3.3. For offer requests outside the online shopping cart system, you will receive all contract data in the context of a binding offer in text form sent, e.g. by e-mail, which you can print or save electronically.

      1. Material characteristics of the goods or services

      The essential characteristics of the goods and / or services can be found in the respective offer.

      1. Prices and payment terms

      5.1 The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

      5.2. The applicable shipping costs are not included in the purchase price. They are via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless the free delivery is promised.

      5.3. If the delivery is made to countries outside of Switzerland, we may incur additional costs beyond our control, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. Arisen costs of money transmission are to be borne by you even in cases where the delivery is made to Switzerland, but the payment was initiated outside of Switzerland.

      5.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

      5.5. unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

      5.6. reminder and collection fees are not provided for and are therefore not permitted.

      1. Delivery terms

      6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.

      6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

      1. Legal liability for defects

      The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

      .