Terms of service
Terms and Conditions for purchases
General Terms and Conditions and Customer Information
- 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
(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.
- 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. ).
- 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.
- Material characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the respective offer.
- 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.
- 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.
- Legal liability for defects
The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
Terms and Conditions for rentals
Conditions
General terms and conditions and customer information for the rental of a Biow device and any accessories
- Terms and conditions
- 1 bases
(1) These terms and conditions apply to all rental agreements entered into with us as a supplier (biow.ch, a Biow Health & Beauty AG brand) via the website www.biow.ch , by email or in writing. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted. These general terms and conditions supplement the rental agreement. In case of contradictions, the lease agreement prevails.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his own commercial activity nor to his own self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, at the time of the conclusion of a legal transaction, acts in the exercise of his independent professional or commercial activity.
- 2 Formation of the contract
(1) The object of the contract is the rental of the goods specified in the rental agreement.
(2) By placing the respective product on our website, we make you a non-binding offer to conclude a contract under the conditions specified in the item description.
(3.1) The contract is concluded via the online shopping cart system as follows:
The rental goods are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes at any time.
After calling up the "Checkout" page and entering your personal data and payment and shipping conditions, all order data is displayed again on the order summary page. If you use an instant payment system (eg. PayPal / PayPal Express, Postpay , Sofort) as a payment method, you will be directed to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are forwarded to the respective instant payment system, please make the appropriate selection or enter your details there. You will then be redirected to the order overview page in our online shop.
Before submitting your order, you have the option to double-check all information, modify it (also using the "back" function of your Internet browser) or cancel the purchase.
By placing the order via the " rent " button you are making a legally binding offer. With the confirmation of this offer and its acceptance by us, the contract is legally valid.
(3.2) The contract is concluded by e-mail correspondence as follows:
The offer of the rental goods will be sent to you by e-mail. You can make changes at any time via the prepared response.
After completing the prepared answer and adding your personal data, as well as the payment and shipping conditions, you send us this answer by e-mail.
Before submitting your order, you have the option to check all information again or to withdraw our offer.
By sending the reply e-mail you are making a legally binding offer. With the confirmation of this offer and its acceptance by us, the contract is concluded. If your changes deviate significantly from our offer, we reserve the right to withdraw our offer.
(4) Your requests for the preparation of an offer are not binding on you. We will make you an offer in text form (e.g. by e-mail), which you can confirm within 5 days.
(5) The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract takes place by e-mail, in some cases automatically. You must therefore make sure that the e-mail address you have provided is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
- 2 Duration of rental , cancellation and return
(1) The rental period begins with the conclusion of the rental agreement and the transfer of risk begins with the delivery or acceptance of the rental object by the lessee. It ends with the mutual signing of the return documents and the return of the device and accessories to the location indicated by Biow Health & Beauty AG.
(2) The lease is concluded for an indefinite period and can be terminated by both parties on the 31st day following the conclusion of the contract with six months' notice until the end of the relevant month. The tenant's cancellations must be communicated in writing (letter or e-mail) to Biow Health & Beauty AG, Bundeplatz 9, 6300 Zug, in good time, whereby the tenant assumes the risk of delivery of the cancellation and timely receipt of the termination by Biow Health & Beauty AG wears.
(3) From the conclusion of the lease, the lease can be terminated by the tenant within 30 days. Cancellations by the tenant must be communicated in writing (letter or e-mail) to Biow Health & Beauty AG, Bundeplatz 9, 6300 Zug, in good time, whereby the tenant assumes the risk of delivery and receipt of the cancellation within the aforementioned period at Biow Health & Beauty AG transports.
(4) Upon return or collection by Biow Health & Beauty AG, the device and accessories must be clean and usable. If the leased property does not meet these requirements or has other defects, the device will be cleaned and / or repaired at the tenant's expense.
(5) The rental price is also due for the entire rental period up to the end of the notice period if the rental property is returned before the end of the rental period. Biow Health & Beauty AG reserves the right to request the rental price in advance or to request a reasonable down payment. An offsetting of the tenant's claims against Biow Health & Beauty AG is excluded.
- 3 Property for rent and use
(1) Biow Health & Beauty AG supplies the lessee with the devices described in the delivery documents, including instructions for use according to the offer, for the intended use of the lessee.
(2) As a consumer, please check the integrity of the item, obvious defects and transport damage immediately after delivery and notify us and the carrier of any complaints as soon as possible.
(3) The corresponding devices, including accessories, remain the unlimited and inalienable property of Biow Health & Beauty AG for the entire rental period.
(4) The lessee may not make technical changes to the devices. Biow Health & Beauty AG accepts no liability for damage to the appliance, the tenant himself or third parties and their property due to improper use, use or modification of the appliances.
(5) In any event of damage, Biow Health & Beauty AG must be notified in writing without delay and without request. Damage claims and other formalities must be submitted immediately to Biow Health & Beauty AG. Without the consent of Biow Health & Beauty AG, the lessee may not make changes to the damaged items that could make it difficult or impossible to determine the cause of the damage or damage, unless the modification appears necessary in order to reduce the damage or in public interest.
(6) Biow Health & Beauty AG's liability for damage to the tenant or third parties directly caused by the breakdown or breakdown of the rented object is excluded. In particular, loss of earnings, loss of orders or damage to the image of the tenant or third parties are entirely the responsibility of the tenant.
(7) Before putting the device into operation, the lessee ensures that all precautionary measures have been taken for the safe use of the device. In particular, he must ensure that the conditions of the respective place of use make it possible to use the rented property without danger.
(8) The lessee is not authorized to grant third parties rights to the rented object or to assign them rights deriving from the rental agreement, in particular it is expressly forbidden to sublease or lend the device to others.
(9) The tenant's exercise of a right of retention is excluded. Biow Health & Beauty AG is authorized to assign all rights arising from this contract to third parties.
(10) The rented device complies with the legal safety regulations. Biow Health & Beauty AG undertakes to provide the rental property in usable condition.
- 4. Non - payment / reminder / credit recovery
(1) The monthly rent is due within 14 days of receipt of the invoice. If the payment is not made within this period, the customer is in default.
(2) If the tenant is in default with the payment of the rent due, Biow Health & Beauty AG can terminate the contract with immediate effect. Biow Health & Beauty AG can take back the rented object without the tenant being able to raise objections. The resulting costs are entirely borne by the tenant.
(3) In the event of default, Biow Health & Beauty AG will issue a written reminder to the customer. The following fees are due with the reminder of the complaint:
reminder after 30 days [ CHF 10]
2nd reminder after 44 days [CHF 25]
last reminder after 58 days [CHF 50]
(4) If the amount due is not paid even after the last reminder, the claim will be prosecuted. Biow Health & Beauty AG assigns the credit to a debt collection agency.
- 5 Choice of law , place of performance , jurisdiction
(1) Swiss law applies. For consumers, this choice of law applies only to the extent that this does not revoke the protection granted by mandatory provisions of the law of the state of habitual residence of the consumer (aiding principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a trader, a legal person 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 if your domicile or habitual residence is not known at the time the action is filed. The right to go to court at another competent forum remains unaffected.
2. Customer information .
- Identity of the lessor :
Biow Health & Beauty AG
(biow.ch) Bundesplatz 96300 Zug Switzerland
Telephone: +41 (0) 76 792 14 14 or +41 (0) 41 743 14 14
E-mail: phofstetter@biow.ch
3. 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 rules "Conclusion of the contract" in our General Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After receiving the order, the order data, the information required by law for distance contracts and the General Conditions will be sent to you again by email.
3.3. If you request an offer outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form , for example by e-mail, which you can print or save electronically.
- Essential characteristics of the good or service
The essential characteristics of the goods and / or the service can be found in the respective offer.
- Prices and payment methods
5.1. The prices indicated in the respective offers, in particular the monthly fees and shipping costs, represent the total prices and include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be called up via a specially designated button on our website or in the respective offer, are displayed separately during the ordering process and are additionally charged to the user, unless free delivery has been promised.
5.3. If the delivery is made to countries outside of Switzerland, there may be additional costs incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange fees), which you have to bear. You must also bear the costs incurred for the transfer of money in cases where the delivery is made in Switzerland but the payment was made outside of Switzerland.
5.4. The payment methods available to you are displayed under a specially designated button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment credits resulting from the concluded contract are due immediately.
5.6. The reminder and collection costs are not foreseen and therefore not permitted.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found in a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the rented item during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently hired a transport company not appointed by the contractor or by another person responsible for carrying out the shipment.
Zug, 05/02/2022
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