General Terms and Conditions
General Terms and Conditions
§ 1 Area of Validity
(1) The following terms of business form part of each contract between AMINOVA S.L., Avda. Cortes Valencianas 58, 46015 Valencia (Valencia), Spain, represented by its managing director Jarnail Singh Sidhu, located at the aforementioned address (hereafter ‘Aminova’) and the customer.
(2) Aminova carries out its services exclusively on the basis of these terms and conditions.
§ 2 Conclusion of a Contract
(1) The point of presentation of the goods, in particular on the internet, does not yet represent a binding contractual agreement from Aminova.
(2) A contract is concluded as soon as written order confirmation has been sent from Aminova.
§ 3 Data Protection
§ 4 Terms of Delivery
(1) Unless otherwise agreed, delivery takes place from stock.
(2) If Aminova is forced to incur additional delivery costs relating to receiving a false delivery address or a false addressee/recipient, these costs must be reimbursed by the customer, unless he is not responsible for the incorrect information being transmitted.
§ 5 Payment Conditions
(1) The purchase price is due as soon as the contract has been concluded. Payment can be carried out by credit card or PayPal.
a) Credit card purchases
We accept Visa and Mastercard credit cards. After confirming the button ‘submit order’ you will be redirected to our payment provider Computop GmbH to enter your credit card information. To verify your payment, you be directed to your bank. Upon confirmation of your payment, a reservation will be made on your credit card. The processing of your data assuredly takes place via a secure connection. Your credit card details are stored by us for further processing only as pseudo card numbers. After your payment is completed, the amount due will be charged on your credit card.
b) PayPal payment
If you would like to pay by PayPal, you will be transferred directly to PayPal in the payment process. If you already have a PayPal account, you can log in with your user details and confirm the payment. If you are new to PayPal, you can set up an account and then proceed with the payment. Your order will be processed as soon as we have received confirmation of the payment from PayPal. Should you later wish to use your right to a refund, funds owed will also be credited to your PayPal account.
(2) All prices should be understood as end-customer (retail) prices which include the statutory VAT amount and exclude shipping costs.
(3) All shipping costs, especially postage and packaging, transport costs and deliveries carried out are to be met by the customer, providing no other agreement has been made. All prices and additional costs will be calculated according to the price lists presented by Aminova at the time of the order being placed.
(4) The customer is only entitled to off-set charges if the counter-claim is undisputed or are established by force of law.
§ 6 Transfer of Ownership
The goods remain the property of Aminova until payment has been received in full.
§ 7 Guarantee
Guarantees are regulated within the framework of the applicable legal provisions.
§ 8 Cancellation Policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Aminova S.L. c/o CuBuSo B.V., Industriestraat 77, 7554 TA Hengelo The Netherlands, e-mail: firstname.lastname@example.org ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to
c/o CuBuSo B.V.
NL-7482 EW Haaksbergen
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
Premature expiration of the right of withdrawal
The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
End of the cancellation instructions
You can download a PDF model withdrawal form here.
The legal regulations are not affected by the following statements:
Please include a copy of the delivery note with your return shipment and provide your bank account information so that we can promptly reimburse the payment due without any unnecessary complications. Please be advised that when returning only part of the original order, any volume discounts initially awarded will no longer be valid. In such cases, the volume discount amount will be deducted from that credited to you. For example if you ordered 3 products for a total price of €99.00 and return only 2 of these products, the retained product is charged at the full unit price of €49.00. This means we will reimburse you €50.00.
If the delivery contains complimentary goods, these are also to be returned if the right of withdrawal is exercised. If the complimentary goods are not returned, a calculation shall be made for them with the price reflecting the price of the goods valid at the time of the order, as if the goods had not been complimentary.
§ 9 Liability Limitations
(1) With the exception of injuries to life, body and health and the violation of significant contractual duties (the delivery and bill of sale), Aminova is only liable for damages which were caused by deliberate or grossly negligent content. This also applies to indirect consequential damages, in particular loss of profit.
(2) The liability is limited to typically foreseeable damages at the time of the conclusion of the contract, but only up to the amount of average damages which are typical to a contract, with the exception of intention or gross negligence or damages due to the injury of life, body and health and the violation of essential contractual obligations (cardinal obligations). This also applies to indirect consequential damages, in particular loss of profit.
(3) The limitation of liability of paragraphs 1 and 2 shall also apply for the employees and agents of Aminova.
(4) Liability claims according to the Product Liability Law remain unaffected.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany is valid with the exception of the UN law of purchase. Agreements required by the state in which the customer usually resides remain intact.
(2) Should any provision of this contract be invalid or not comply with the legal requirements, the remaining provisions shall be valid. The invalid provision will be substituted by an agreement of the parties concerned which corresponds more closely to the economic sense and purpose of the invalid provision and has legal effect. The above rule holds by analogy in the case of omissions in the contract regulations.