1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Probio GmbH (hereinafter referred to as “Seller”) apply to all contracts related to the provision of data to the customer (hereinafter referred to as “Customer”) through the seller’s online shop. The inclusion of the Customer’s own conditions is hereby excluded, unless otherwise agreed.

1.2 For contracts concerning the delivery of digital content, these terms and conditions apply accordingly, unless stated otherwise.

1.3 A “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor professional. An “Entrepreneur” within the meaning of these terms and conditions is a natural or legal person or a legal partnership acting in the course of their commercial or independent professional activities.

1.4 Digital content, within the scope of these terms and conditions, refers to all data not stored on a physical medium which is produced in digital form and provided by the Seller with specific usage rights as regulated in these terms and conditions.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but serve as a basis for a binding offer by the Customer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods into the virtual shopping cart and completing the electronic ordering process by clicking on the button to finalize the order, the Customer submits a legally binding contract offer for the goods in the shopping cart. Alternatively, the Customer may submit the offer via phone, email, or post.

2.3 The Seller may accept the Customer’s offer within five days:

• By sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, with the receipt of the order confirmation being decisive, or
• By delivering the ordered goods to the Customer, with the delivery being decisive, or
• By requesting payment from the Customer after the order has been submitted.

If more than one of these options occurs, the contract comes into effect at the moment one of the options occurs first. The deadline for accepting the offer starts on the day after the offer is submitted and ends on the fifth day after the offer was sent. If the Seller does not accept the Customer’s offer within this period, it is considered a rejection, and the Customer is no longer bound by their offer.

2.5 When submitting an offer via the online order form, the Seller will store the contract text and send it to the Customer along with the current terms and conditions in writing (e.g., email, fax, or letter). Additionally, the contract text is archived on the Seller’s website and can be accessed by the Customer through their password-protected account, provided that the Customer has created an account before placing their order.

2.6 Before submitting the order via the Seller’s online form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. Using the browser’s zoom function can aid in better recognition of input errors. During the electronic ordering process, the Customer can correct their input using standard keyboard and mouse functions until clicking the button that finalizes the order.

2.7 The contract is concluded in English. No other terms apply, and these terms replace any previous agreements. Any amendments to the contract require prior written consent from both parties. Terms such as click-through or shrink-wrap do not apply. The Seller will not assign or transfer any rights to third parties.

2.8 This website uses cookies. By continuing to use our site, you consent to their use.

2.9 Order processing and communication typically occur via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct to receive emails from the Seller. Customers should also ensure that SPAM filters allow emails from the Seller or its third-party processors.

3) Right of Withdrawal

3.1 We explicitly state that there is no right of withdrawal for digital products.

3.2 For Customers who are Entrepreneurs, distance contract rules do not apply, and thus, they do not have a corresponding right of withdrawal.

4) Prices and Terms of Payment

4.1 The prices quoted are net prices, excluding statutory value-added tax. Additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred, which are not the Seller’s responsibility and must be borne by the Customer. These include, for example, transfer fees, exchange rate charges, import duties, or taxes. Such costs may also apply if payment is made from a non-EU country, even if the delivery is not.

4.3 Payment options will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately upon conclusion of the contract, unless a later due date is agreed upon.

4.5 If payment is made via a payment method offered by PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), according to the PayPal Terms of Service, available at PayPal User Agreement, or if the Customer does not have a PayPal account, under the terms and conditions for payments without a PayPal account, available at PayPal Privacy Policy.

5) Delivery and Shipping Conditions

5.1 Goods will be delivered to the address specified by the Customer, unless otherwise agreed. The delivery address provided in the order processing is decisive. Pickup is not possible for logistical reasons.

5.2 Digital content will be provided to the Customer only in electronic form, as follows:

• Via Download
• Via Email

6) Grant of Rights of Use for Digital Content

6.1 Unless otherwise specified in the content description on the seller’s online shop, the seller grants the customer and its affiliates (entities under common control with, controlling, or controlled by the customer) a non-exclusive, unlimited right to use the provided content for private and business purposes, including generating sales leads, assessing prospective clients, market share analysis, and creating market reports. Generally, purchasing a product licenses its use for end users. Further distribution within the customer’s organization requires the seller’s consultation, but end users may share analyses based on the content with colleagues.

6.2 Transfer of content to third parties or producing copies for third parties (other than affiliates) is not permitted unless the seller consents to the transfer of the license to the third party. Violations will incur a penalty of €10,000.

6.3 Rights are granted only upon full payment of the contractually owed remuneration. The seller may allow provisional use before full payment. Such provisional permission does not constitute a transfer of rights.

7) Retention of Title

If the Seller delivers goods in advance, they retain ownership of the delivered goods until full payment of the purchase price.

8) Redemption of Action Vouchers

8.1 Vouchers issued by the Seller as part of promotions, which are valid for a specific period and cannot be purchased by the Customer (hereinafter “action vouchers”), can only be redeemed in the Seller’s online shop within the specified period.

8.2 Individual products may be excluded from the voucher promotion if specified in the promotional voucher’s terms.

8.3 Action vouchers can only be redeemed before completing the order process. Subsequent redemption is not possible.

8.4 Multiple action vouchers may be redeemed in a single order.

8.5 The value of the goods must be at least equal to the value of the promotional voucher. Remaining balances will not be refunded.

8.6 If the action voucher’s value is insufficient to cover the order, the remaining amount can be paid using one of the other payment methods offered by the Seller.

8.7 The balance of an action voucher will not be paid in cash or accrue interest.

8.8 If the Customer returns goods fully or partially paid for with the action voucher as part of their statutory right of withdrawal, the action voucher will not be refunded.

8.9 The action voucher is intended for use only by the person named on it. Transfer of the action voucher to third parties is excluded. The Seller may, but is not obliged to, verify the eligibility of the voucher holder.

9) Applicable Law

The laws of the Federal Republic of Germany apply to all legal relationships between the parties.

10) Jurisdiction

The contract is written in English. Implementation of the contractual relationship occurs in German.

German law exclusively applies. For Consumers, this is only to the extent that it does not restrict statutory provisions of the state where the Customer has their domicile or habitual residence.

For disputes with Customers who are not Consumers, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the Seller’s registered office in Delbrück, Germany.

11) Alternative Resolution

11.1 The EU Commission serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving Consumers.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

For further inquiries, please contact us at info@pobio-gmbh.com or write to us at Pobio GmbH, LM Brinkort 6, 33129 Delbrück, Germany.