Terms & Conditions
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Dr. med. Alexander Michalzik) via the www.biotikon.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products including digital content (data created and delivered in digital form) .
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you are finally shown the order data again as an order overview.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 License to use digital content
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Dr. med. Alexander Michalzik
Wintergasse 144
69469 Weinheim
Germany
Telephone: 06201878380
E-Mail: Biotikon.eu
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are willing to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Codes of conduct
4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: https://www.haendlerbund.de/
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
6.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
6.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
7. Delivery conditions, Provision
7.1 The terms and conditions of delivery, the delivery date and, if applicable, existing delivery restrictions as well as the terms and conditions of the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/
last update: 29.11.2022
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The person responsible for data processing is: Dr. med. Alexander Michalzik, Wintergasse 144, 69469 Weinheim Deutschland, 06201 878380, info@biotikon.de
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
Use of PayPal
On our website we use the PayPal payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of offering you payment via the payment service. By selecting and using payment via PayPal, the data required for processing the payment will be transmitted to PayPal in order to enable us to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
All PayPal transactions are subject to PayPal Privacy Policy. You can find these at https://www.paypal.com/de/webapps/mpp/ua/privacy-full
We use the PayPal Check-Out payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, credit card via PayPal, direct debit via PayPal or "Pay Later" via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.
Credit card via PayPal, direct debit via PayPal & "Pay later" via PayPal.
For individual payment methods such as credit card via PayPal, direct debit via PayPal or "Pay later" via PayPal, PayPal reserves the right, if necessary, to obtain credit information on the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a weighed decision on the establishment, implementation or termination of the contractual relationship. The credit information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit assessment for a contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate interest in protecting against payment default when PayPal makes advance payments.
You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you have chosen.
Local third-party providers
When paying via the payment method of a local third-party provider, the data required for payment processing is transmitted to PayPal. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. For the execution of this payment method, the data may then be forwarded by PayPal to the respective provider. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. Local third-party providers may be, for example:
- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany).
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)
Purchase on account via PayPal
When paying via the payment method purchase on account, the data required to process the payment is first transmitted to PayPal. For the execution of this payment method, the data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO. Ratepay may conduct a credit check on the basis of mathematical-statistical methods using credit agencies according to the procedure already described above. The data processing serves the purpose of credit assessment for contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO from our overriding legitimate interest in protecting against payment default when Ratepay makes advance payments. For more information on data protection and which credit agencies Ratpay uses, please visit https://www.ratepay.com/legal-payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.
For more information on data processing when using PayPal, please see the associated privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Cookies
Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.
Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.
The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TTDSG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.
Use of Consentmanager
Our website uses the consent management tool Consentmanager from Consentmanager AB (Håltegelvägen 1b, 72348 Västerås, Sweden; "Consentmanager").
The tool enables you to grant consents to data processing via the website, in particular the placing of cookies, and to make use of your right of revocation for consents already granted.
The processing of data serves the purpose of obtaining necessary consents for data processing and to document these, thereby complying with statutory obligations.
Cookies may be deployed for this purpose. In this process the following information, inter alia, can be collected and transmitted to Consentmanager: Date and time of the page retrieval, information on the browser and device you are using, anonymised IP address, opt-in and opt-out data. This data will not be forwarded to other third parties.
The data processing is carried out on the basis of Article 6(1)(c) GDPR to comply with a legal obligation.
More information on data protection at Consentmanager can be found at: https://www.consentmanager.net/privacy.php
Analysis Advertising tracking Partner program
Our website uses the web analysis service Google Analytics from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”).
The processing of data serves to analyse this website and its visitors and for marketing and advertising purposes.
Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services to the website operator relating to website and internet use. In this process the following information, inter alia, can be collected: IP address, date and time of the website access, click path, information on the browser and the device you are using, the pages visited, referrer URL (website via which you accessed our website), location data, purchasing activities. The IP address transmitted from your browser within the scope of Google Analytics is not associated with any other data held by Google.
Google Analytics uses technology such as cookies, web storage in the browser and tracking pixels which enable an analysis of your use of the website. The information generated by these regarding your use of this website is usually transferred to a Google server in the USA and stored there. Google relies on standard contractual clauses as suitable guarantees for the protection of personal data, available at: https://policies.google.com/privacy/frameworks and https://business.safety.google/adsprocessorterms/.Both Google and the US government authorities have access to your data. Google may combine your data with other data, such as your search history, personal accounts, usage data from other devices and any other information Google has about you.
You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/analytics/terms/de.html and/or at https://www.google.de/intl/de/policies/ and at https://policies.google.com/technologies/cookies?hl=de.
Our website uses the remarketing function "Custom Audiences" by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland "Facebook").
Meta Platforms Ireland and we are jointly responsible for the collection of your data and the transfer of this data to Facebook when the service is integrated. The basis for this is an agreement between us and Meta Platforms Ireland on the joint processing of personal data, in which the respective responsibilities are defined. The agreement is available at https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible in particular for the fulfilment of the information obligations in accordance with Art. 13, 14 GDPR, for compliance with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for compliance with the obligations in accordance with Art. 33, 34 GDPR, insofar as a violation of the protection of personal data affects our obligations under the agreement on joint processing. Meta Platforms Ireland is responsible for enabling the rights of the data subject in accordance with articles 15-20 of the GDPR, for complying with the security requirements of article 32 of the GDPR with regard to the security of the service, and for complying with the obligations of articles 33, 34 of the GDPR, insofar as a breach of personal data protection concerns Meta Platforms Ireland's obligations under the joint processing agreement.
This application serves to address the visitor to the website with interest-related advertising on the social network Facebook.
We have implemented Facebook’s remarketing tag on our website for this purpose. This tag sets up a direct connection to Facebook’s servers when you visit our website. This informs the Facebook server which of our web pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook you will then be shown personalised, interest-related Facebook ads.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available.The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of
You can find more detailed information on Facebook’s collection and use of data and your associated rights and options for protecting your privacy in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.
Use of Google Ads conversion tracking
Our website uses the online marketing program "Google Ads", including conversion tracking (evaluation of user actions). Google conversion tracking is a service operated by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google Ads customer receives a different cookie. It is therefore not possible to track cookies relating to the websites of Ads customers.
The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available.The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks and https://business.safety.google/adscontrollerterms/.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
You will find more information as well as Google’s data privacy policy at: https://www.google.com/policies/privacy/
Use of the remarketing or "similar target groups" function by Google Inc.
Our website uses the remarketing or "similar target groups" function by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
This application serves to analyse visitor behaviour and visitor interests.
Google uses cookies to analyse website use, forming the basis for producing interest-related adverts. Cookies allow for the recording of website visits as well as anonymised data on the use of the website. The personal data of website visitors is not saved. If you then visit another website in the Google display network you will then be shown adverts which are more likely to take previous areas of product and information interest into account.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
You can find more detailed information on Google remarketing as well as the associated data privacy policy at: https://www.google.com/privacy/ads/
Our website uses Microsoft Advertising from Microsoft Corporation (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA; "Microsoft").
The processing of data serves the purposes of marketing and advertising and the purpose of measuring the success of the advertising measures (conversion tracking). This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. It is, however, not possible to identify this user personally through this process. Microsoft Advertising uses technology such as cookies and tracking pixels which make it possible to analyse your use of the website. If you click on adverts placed by Microsoft Advertising, a cookie is placed on your computer for conversion tracking. This cookie has limited validity and cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Microsoft can recognise that you have clicked on the advert and were forwarded to this page. In this process the following information, inter alia, can be collected: IP address, identifiers (indicators) assigned by Microsoft, information on the browser and device you are using, Referrer URL (website via which you accessed our website), URL of our website. Your data may be transmitted to the USA.
More information on data protection and the cookies used by Microsoft Bing can be found at: https://privacy.microsoft.com/de-de/privacystatement
We use the partner programme “Awin” of AWIN AG (Eichhornstraße 3, 10785 Berlin; “Awin”).
Plug-ins
Our website uses the Google Tag Manager from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google"). This application manages JavaScript tags and HTML tags which are used in particular to implement tracking and analysis tools. The data processing serves to facilitate the needs-based design and optimisation of our website. The Google Tag Manager itself neither stores cookies nor processes personal data. It does, however, enable the triggering of further tags which may collect and process personal data. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/intl/de/tagmanager/use-policy.html
The request serves to distinguish whether the input was made by a human or automatic machine processing. For this purpose your input will be transmitted to Google and used by them further. In addition, the IP address and any other data required by Google for the reCAPTCHA service will be transferred to Google. This data will be processed by Google within the EU and potentially also in the USA.
Use of YouTube
Our website uses the function for embedding YouTube videos by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "YouTube"). YouTube is a company affiliated with Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
This feature shows YouTube videos in an iFrame on the website. The option "advanced privacy mode" is enabled here. This prevents YouTube from storing information on visitors to the website. It is only if you watch a video that information is transmitted to and stored by YouTube. Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available.
Further information on the data collected and used by YouTube and Google and your associated rights and options for protecting your privacy can be found in YouTube’s privacy policy (https://www.youtube.com/t/privacy).
Rights of persons affected and storage duration
last update: 29.11.2022