General terms and conditions with customer information

As of: May 7, 2024

General Terms and Conditions – Panacaia UG – www.panacaia.bio

1. General

(1) These General Terms and Conditions (GTC) apply to all offers and services related to the internet platform www.panacaia.bio . If the customer refers to the inclusion of their own terms and conditions of business or purchase, these are hereby rejected.

(2) Individual contractual agreements take precedence over general terms and conditions.

2. Conclusion of the contract

(1) The service descriptions on our website — www.panacaia.bio — do not constitute an offer to conclude a purchase contract. Such an offer is only made upon the customer's online order via the contact form or by telephone or in text form. The subsequent confirmation of receipt of the order sent by us does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound to their offer (it expires) if we do not send them the declaration of acceptance within 5 calendar days (calculated from the date of receipt of the order by us).

(2) If a declaration of acceptance received by the customer late was sent in such a way that it would have reached him in time had it been delivered regularly, and the customer should have been aware of this, he must notify us of the delay immediately upon receipt of the declaration, unless he has already done so. If the customer delays sending the notification, the acceptance shall be deemed not to have been late. Furthermore, late acceptance by us shall be deemed a new offer to conclude a purchase contract, which the customer may accept by express declaration of acceptance or by taking receipt of the goods.

3. Choice of law

The contractual relationships between the parties to the purchase agreement are governed by the laws of the Federal Republic of Germany. This choice of law excludes the mandatory consumer protection provisions of the country in which the customer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

4. Prices, payment, delivery, shipping costs

(1) The remuneration includes the value added tax (VAT) applicable at the time of the order.

(2) When concluding contracts, we offer the following payment options:

1. For deliveries within Germany:
2. Prepayment by

• Transfer
• credit card
• PayPal

2. Payment by credit card
3. For deliveries abroad:

Prepayment by

• Transfer
• credit card
• PayPal

(3) All items are delivered within Germany and in EU and NON EU countries.

(4) Delivery is via DHL and Hermes.

(5) The shipping costs can be found in the button – https://panacaia.bio/pages/versand-und-zahlungsbedingungen – in the navigation as well as in the product presentations.

5. Distance selling legal information

(1) The description of the goods is based on the presentation on the Internet at www.panacaia.bio

(2) Information on your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiration, the withdrawal form, and the consequences of withdrawal, e.g., return shipment, return costs, and compensation, can be found under the menu item "Withdrawal Policy."

(3) Delivery shall be made no later than 5 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring credit institution (in the case of advance payment) or after the contract has been concluded (in the case of cash on delivery or purchase on account).

(4) We do not provide any customer services, in particular no after-sales service, and do not provide any guarantees ourselves.

(5) There is no out-of-court complaint or legal remedy procedure to which we are subject.

(6) All further information about our company, the offer and the processing of the purchase can be found in the information on our website.

6. Consumer dispute resolution procedures

Since January 9, 2016, Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force. It applies to the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts or online service contracts between consumers and online retailers and aims to achieve a high level of consumer protection in the European internal market. The option of online dispute resolution (ODR) is intended to offer a simple, efficient, fast, and cost-effective out-of-court solution to disputes. The ODR platform forwards properly filed complaints to the competent ADR bodies (out-of-court dispute resolution) (according to national law). Use of the ODR platform itself is free of charge; in proceedings before the ADR bodies, consumers may incur costs (up to EUR 30.00) if their application constitutes an abuse of rights.
Link to the EU Commission's ODR platform: https://ec.europa.eu/consumers/odr
Our email address is: beratung@panacaia.bio

7. Information on electronic commerce

(1) Technical steps for the conclusion of the contract

For further information, please see section 2 of our Terms and Conditions.

(2) Contract text storage / printout

The customer can save the contract text to their computer using their browser's "Save as" function. They also have the option of printing the contract text using their browser's print function. We store the contract texts ourselves and make them available to the customer by email or mail upon request.

(3) Possibility of correction

The customer can correct their entries at any time during the ordering process by selecting the "Back" button in the browser and then making the necessary changes. The customer can cancel the entire ordering process at any time by closing the web browser. Furthermore, the order overview before submitting the online order also offers an additional correction option, which the customer will be informed of.

(4) Language

The language available for concluding the contract is exclusively German.

(5) Code of Conduct

We have not subjected ourselves to any particular code of conduct (rules).

8. Warranty

There is a statutory liability for defects in goods.

9. Retention of title
10. We retain title to the delivered item until all payments under the purchase contract have been received. If the buyer fails to fulfill his contractual obligations, particularly in the event of late payment, we are entitled to demand the return of the delivered item; in this case, the buyer is obligated to surrender the item.
    2. The buyer is obligated to notify us immediately of any seizure of the purchased item or any other related access or attempted access by third parties to the purchased item so that we can exercise our rights under the retention of title.
11. Note on the Battery Act (BattG)

If the offer includes rechargeable batteries, you are legally obligated to dispose of used batteries separately. Please dispose of them at a municipal collection point or at your local retailer. You can return any batteries or rechargeable batteries you have received from us free of charge. Batteries or rechargeable batteries containing harmful substances are marked with the symbol of a crossed-out garbage bin and the chemical symbol of the respective harmful substance (e.g., "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find this information in the accompanying documentation for the shipment.

11. Transport damage

(1) If goods are delivered with obvious transport damage, please report such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to file a complaint or contact us will not affect your statutory warranty claims. However, it will help us assert our own claims against the carrier or transport insurer.

12. Data protection

The data protection declaration for the implementation of the data protection requirements can be found in the separate data protection declaration.

13. Copyright notice

The photos posted on our website and the texts we create are protected by copyright. Unauthorized copying and publication of these (even excerpts) will be prosecuted under criminal and civil law in accordance with Section 97 of the German Copyright Act (UrhG).

14. Place of jurisdiction

For all mutual disputes between the contracting parties arising directly or indirectly from the contractual relationship, the exclusive place of jurisdiction is agreed upon – data entry – provided that the contracting parties are merchants, legal entities under public law or special funds under public law.

15. Severability clause

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should the agreements contain a gap, this shall not affect the validity of the remaining provisions.