Terms and conditions
Terms of Services Phiten UAE OnlineShop
Standard Business Terms and customer information
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 (Bio World General Trading LLC) via the www.phiten.ae, www.phitenuae.com and www.phiten.abudhabi websites. 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.
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to 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 calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(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 Special agreements related to the offered payment methods
(1) Cash on delivery option is provided via UPS. The additional cost is 1% of the value to be collected but no less than 20 AED. UPS staff will attempt three times to deliver and collect the payment.
§ 4 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, except in case of “Cash on Delivery” payment method has been chosen. In the latter case the ownership is transferred when the goods leave our warehouse.
§ 5 Warranty
(1) The statutory warranty rights are applicable. For more information please refer to http://www.consumerrights.ae/en/federallawdirectives/pages/default.aspx .
(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.
§ 6 Choice of law, place of fulfilment, jurisdiction
(1) Federal laws of the United Arab Emirates and the laws of Dubai shall apply.
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in the United Arab Emirates, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) 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
Bio World General Trading L.L.C.
Jumeirah street
The Mall
shop 14
53909 Dubai
United Arab Emirates
Telephone: +971 52 310 8118
E-Mail: snikolov@bioworld-gcc.com
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 Arabic or 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. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices excluding VAT, as do the shipping costs. They include all the price components, except the VAT.
5.2 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.
5.3 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.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, 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.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
8. Returns and Refunds
All sales are final, no return nor refund is possible except under warranty conditions.
III. Payments and Dispatch
§ 1 Payments
1. Terms of payment
For domestic deliveries (UAE) the following payment options are available:
- Payment via PayPal
- Payment via credit card (via Network)
- Cash on Delivery (via UPS)
In case of deliveries to a GCC country, you have the following payment options:
- Payment via PayPal
- Payment via credit card (via Network)
2. Further details on payment
The invoice amount is to be settled at the time of payment on invoice within 10 days.
If payment is made using a credit card, your credit card account is debited in conjunction with the shipping of the goods.
In case of a GCC delivery for which payment is made using a credit card, your credit card account is debited in conjunction with the conclusion of the contract.
§ 2 Dispatch
1. Dispatch conditions
Domestic delivery refers to all seven Emirates of the UAE.
GCC delivery refers to the Kingdom of Saudi Arabia, Kingdom of Bahrain, the State of Kuwait and the Sultanate of Oman.
2. Dispatch charges
Domestic deliveries (UAE):
- We deliver the orders via UPS Express Saver – Delivery by Close of Business Day. For orders less than 400 AED we charge at a flat rate of 50 AED and for those of value 400 AED and more the delivery is free of charge.
- In case of Cash on Delivery payment the service charge is to be borne by the customer.
Deliveries to GCC countries:
We charge a flat shipping fee for international deliveries:
- We deliver via UPS Express Saver or Emirates Post International Express service at a flat rate of 150 AED.
- All actual import clearance service charges and duties (including VAT where applicable) are to be borne by the customer and payable directly to UPS and Customs.
4. Delivery periods
Unless otherwise specified in the quote, domestic delivery of goods shall be made (UAE) within 1 - 3 days, for GCC deliveries within 3 - 7 days from conclusion of contract (if advance payment agreed from the date of the payment instruction).
Please note that deliveries are not made on Fridays and other holidays.
If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.
IV. 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.
Server log files
You can use our websites without submitting personal data. Every time you access our website, user data is transmitted by your internet browser and stored in protocol files (server log files). This stored data includes e.g. name of the site called up, date and time of the request, amount of data transferred and the provider making the request. This data serves exclusively to ensure smooth operation of our website and to improve our offering. It is not possible to assign this data to a particular person.
Collection and processing when using the contact form
When you use the contact form we will only collect your personal data (name, telephone number, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact. By submitting your message you agree to the processing of your transmitted data. Processing will be carried out on the basis of your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. 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 Google reCAPTCHA
Our website uses the reCAPTCHA service by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). The request serves to distinguish whether the input was made by a human or automatic machine processing. The request includes the submission of the IP address and any other data required by Google for the reCAPTCHA service. For this purpose your input will be transmitted to Google and used further there. Google will use this information on behalf of the operator of this website in order to assess your use of this service. The IP address transmitted by your browser as part of reCAPTCHA is not associated with any other data held by Google. Your data may also be transmitted to the USA. By activating the request you agree to the processing of your data. The processing will be carried out on the basis of your consent. 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 reCAPTCHA and the associated data protection declaration at: https://policies.google.com/technologies/ads?hl=en
Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
Collection, processing, and use of personal data in orders
When you submit an order, we only collect and use your personal data where this is necessary for the fulfilment and handling of your requests. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing is required for the fulfilment of a contract with you. We will not forward your data to third parties without your explicit consent. This only excludes our service partners which we require in order to handle the contractual relationship or service providers we use to process an order. Along with the recipients named in the clauses of this data protection declaration, these may be recipients in the following categories: Shipping providers, payment service providers, merchandise management service providers, service providers for order processing, web hosts, IT service providers and dropshipping dealers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Use of your email address for mailing of newsletters
We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes. The processing will be carried out on the basis of your consent. 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 unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.
Using PayPal
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-prev?locale.x=en_GB
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. We use 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 data collected in this way is pseudonymised using technological measures. It is therefore not possible to connect the data to your person. The data will not be stored together with other personal data pertaining to you. 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 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-us/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/guide/safari/manage-cookies-and-website-data-sfri11471/mac
Use of YouTube
Our website uses YouTube LLC’s function for the embedding of YouTube videos. (901 Cherry Ave., San Bruno, CA 94066, USA; “YouTube”).
YouTube is an affiliated company of Google Inc. (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.Further information on the data collected and used by YouTube and Google, your rights and privacy can be found in YouTube’s privacy policy (https://www.youtube.com/t/privacy).
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.