Terms & Conditions and customer information of Bormann Bioscience LLC for BuyHantaTest.com.
- Part A - General Provisions (all customers)
- Part B - Additional Provisions for Businesses (B2B)
- Part C - Additional Provisions for Consumers (B2C)
- Part D - Customer Information
Part A - General Provisions (all customers)
1. Scope and Definitions
(1) These Terms & Conditions (the "Terms") govern all contracts you enter into with us as the seller (Bormann Bioscience LLC, "we", "us" or "Seller") through the website https://buyhantatest.com, unless a written amendment has been agreed between the parties.
(2) "Business" means any natural or legal person, or partnership with legal capacity, acting in the exercise of their commercial, trade or independent professional activity when entering into the contract.
(3) "Consumer" means any natural person who enters into a contract for purposes that are predominantly outside their trade, business or profession.
(4) Depending on whether you order as a Business or as a Consumer, the provisions of Part B (Businesses) or Part C (Consumers) apply in addition to Part A.
2. Formation of Contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods are set out in the relevant product listing.
(2) Our online product listings are non-binding and do not constitute a binding offer to enter into a contract.
(3) You may submit a binding offer (order) by telephone, email, postal mail, or via our online shopping-cart system.
(4) Acceptance of your offer (and thereby formation of the contract) occurs through an express order confirmation in text form (e.g. email) or by dispatch of the goods. A mere acknowledgement of receipt of your order does not constitute acceptance.
(5) Upon request, we will issue an individual quotation by which we are bound for 5 days, unless otherwise agreed.
3. Prices and Shipping Costs
(1) Shipping costs are not included in the purchase price and will be charged separately, unless free shipping has been expressly stated. Any applicable shipping costs are disclosed to you before you complete your order.
(2) Shipments are generally dispatched from our warehouse in Berlin, Germany. For cross-border deliveries, additional taxes, duties or customs fees outside our control may apply and are borne in full by the buyer.
(3) The available payment methods are disclosed to you before you complete your order.
4. Delivery Terms
(1) Delivery dates and lead times are binding only if confirmed by us in writing.
(2) If an ordered product is unavailable for reasons outside our control, we will notify you without undue delay and refund any payments already made.
5. Liability
(1) We are liable without limitation for damages arising from injury to life, body or health caused by our intentional or negligent breach of duty or that of our legal representatives or agents.
(2) We are liable without limitation for other damages caused by our intentional or grossly negligent breach of duty or that of our legal representatives or agents.
(3) Liability under applicable product-liability law (including the EU Product Liability Directive for sales into the EU) remains unaffected.
(4) Additional limitations of liability for Businesses are set out in Part B, Section 5.
6. Governing Law
(1) These Terms and any contract concluded under them are governed by the laws of the State of Florida, USA, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) This choice of law does not deprive Consumers resident in the European Union, the United Kingdom or other jurisdictions of the protection afforded by mandatory consumer-protection provisions of the law of their country of habitual residence (in the EU: Art. 6(2) Rome I Regulation).
7. Data Protection
For information on how we process your personal data in the course of contract performance, please refer to our Privacy Policy.
Part B - Additional Provisions for Businesses (B2B)
The following provisions apply exclusively to Businesses as defined above and supplement the provisions in Part A.
1. Conflicting Terms of the Customer
Any conflicting or deviating terms of the customer are expressly rejected and shall only be effective with our express written consent.
2. Prices and Payment Terms
(1) All prices quoted are net prices, exclusive of any applicable VAT, sales tax or other statutory turnover taxes.
(2) We offer purchase against invoice. Unless a different payment term is stated on the invoice, payment is due within 14 days of the invoice date, without deduction.
(3) Cash discounts may only be deducted if expressly granted on the invoice.
(4) If the buyer is in default of payment, we are entitled to charge statutory default interest and reasonable dunning fees. For buyers in the European Union, the statutory rate under applicable law (currently 9 percentage points above the relevant base rate) applies; for buyers elsewhere, the statutory or commercially reasonable rate of the applicable jurisdiction applies.
3. Transfer of Risk and Partial Deliveries
(1) The risk of accidental loss of, or accidental damage to, the goods passes to the buyer once we have handed the goods over to the carrier, freight forwarder or other person or entity designated to perform the shipment.
(2) Partial deliveries are permitted and may be invoiced separately.
4. Warranty
(1) The warranty period is one (1) year from delivery of the goods. This shortened period does not apply to damages attributable to us for injury to life, body or health, or to other damages caused by our intentional or grossly negligent conduct.
(2) Only the specifications stated by us and the manufacturer's product description form part of the agreed condition of the goods; other advertising or public statements do not.
(3) In the event of defects, we will, at our discretion, provide remedy by repair or replacement. In the case of repair, we do not bear any increased costs arising from the goods being moved to a location other than the contractual place of performance, unless such relocation is consistent with the intended use of the goods.
(4) The buyer must inspect the goods immediately upon receipt for defects and notify any defects to us in writing without undue delay. If the buyer fails to do so, the goods shall be deemed accepted in accordance with applicable commercial-code obligations of the merchant.
5. Limitation of Liability
(1) In addition to the cases set out in Part A, Section 5, in the event of slight negligence in breach of a material contractual obligation (a "cardinal duty"), our liability is limited in amount to the foreseeable damage typical for this type of contract. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract and on whose observance the contracting party may regularly rely.
(2) We are not liable for slight negligence in breach of non-material contractual obligations.
(3) The above limitations of liability also apply for the benefit of our legal representatives and agents.
(4) The limitations of liability in paragraphs 1 and 2 do not apply to claims arising from injury to life, body or health, from intent or gross negligence, from the assumption of a guarantee, or under applicable product-liability law.
6. Right of Retention and Reservation of Title
(1) You may only exercise a right of retention with respect to undisputed or finally adjudicated claims arising from the same contractual relationship.
(2) We retain title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full (extended retention of title).
(3) The buyer may resell the goods subject to retention of title in the ordinary course of business. The buyer hereby assigns to us all receivables arising from such resale up to the invoice amount; we accept the assignment. The buyer remains authorised to collect the receivable. If the buyer fails to meet its payment obligations properly, we reserve the right to collect the receivable ourselves.
(4) Release clause: if the realisable value of the securities exceeds our total claims by more than 10%, we will release securities of our choice at the buyer's request.
7. Place of Performance and Jurisdiction
(1) The place of performance for all obligations arising from our business relationship is our warehouse in Berlin, Germany.
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contract - including claims by the buyer against the seller - is the seller's registered office in Miami-Dade County, Florida, USA, provided that the buyer is a merchant, a legal person under public law, or a special fund under public law.
(3) Notwithstanding paragraph 2, the seller is entitled, at its option, to sue the buyer at the buyer's general place of jurisdiction, at the place of performance in Berlin, or before any other court of competent jurisdiction within the European Union or the European Economic Area.
(4) Mandatory statutory rules on jurisdiction (in particular exclusive jurisdictions) remain unaffected.
Part C - Additional Provisions for Consumers (B2C)
The following provisions apply exclusively to Consumers as defined above and supplement the provisions in Part A.
1. Prices
(1) All prices shown are final prices and include any applicable statutory VAT or sales tax.
2. Payment Terms
(1) The available payment methods are disclosed to you during the checkout process and on our "Payment & Shipping" page.
(2) Unless otherwise stated for a specific payment method, payment is due immediately upon conclusion of the contract.
3. Transfer of Risk
(1) The risk of accidental loss of, or accidental damage to, the goods passes to you upon handover. In the case of mail-order purchases by Consumers, the risk passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured.
4. Warranty
(1) Statutory warranty rights apply. For Consumers resident in the European Union, the statutory warranty period is two (2) years from delivery of the goods. For Consumers resident outside the EU, the statutory warranty rights of the Consumer's country of habitual residence apply where mandatory; in addition, we voluntarily grant a minimum warranty period of one (1) year from delivery.
(2) If the goods are defective, you may, at your choice, request cure by way of repair or replacement. If cure fails, you are entitled to the further statutory remedies (price reduction, withdrawal from the contract, damages).
5. Right of Withdrawal
(1) As a Consumer entering into a distance-selling contract, you have a statutory right of withdrawal where required by the law of your country of habitual residence. The full withdrawal instructions and the model withdrawal form are available on our separate page: Right of Withdrawal & Model Withdrawal Form.
(2) The right of withdrawal does not apply, or expires early, for contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. As our product is a sealed in-vitro diagnostic device, this exception applies once the protective seal has been broken.
6. Jurisdiction
(1) For claims by the Consumer against the seller, the statutory rules on jurisdiction apply. In particular, Consumers may bring proceedings before the court of their place of residence where mandatory consumer- protection law so provides.
(2) For claims by the seller against the Consumer, the Consumer's place of residence is decisive, unless the claim relates to a contractual matter and the Consumer has no fixed place of residence in the relevant jurisdiction, has relocated their place of residence abroad after conclusion of the contract, or their place of residence is unknown at the time the claim is brought.
7. Alternative Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/
(2) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Part D - Customer Information
1. Identity of the Provider
Bormann Bioscience LLC
1065 Southwest 8th Street #1563
Miami, FL 33130
United States of America
Phone: +1 (786) 432-9779
Email: info@buyhantatest.com
Authorised representatives (Managing Members): Fernando Di Matteo and Friedrich Kley
Registry: Florida Department of State - Division of Corporations
Registration / Document No.: L24000174839
VAT identification numbers:
DE VAT ID: DE455928146
CZ VAT ID: CZ687905768
FR VAT ID: FR39995076643
PL VAT ID: PL5263854067
GB VAT ID: GB505338704
2. Information on Formation of Contract
The technical steps leading to formation of the contract, the formation of the contract itself, and the means for correcting input errors are set out in Part A, Section 2 of these Terms.
3. Contract Language, Storage of Contract Text
(1) The contract languages are English and German.
(2) The full text of the contract is not stored by us. Before submitting your order, the contract data can be printed via your browser's print function or saved electronically.