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General Terms and Conditions

  1. The following General Terms and Conditions ("GTC") apply exclusively to business relationships also including granted information and advice with our customers who are consumers within the meaning of Sec 1 Para 1 No 2 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, "KSchG").

  2. Our offers are subject to change without notice unless they are expressly marked as binding, expressly binding commitments have been received or the binding nature has otherwise been expressly agreed.

  3. A contract is only concluded when we confirm the customer's order in writing or in text form. Unless expressly agreed otherwise, the customer is obliged to pay in advance. Delivery will only take place after receipt of payment. 

  4. We have the right to subcontract our laboratory services to our partner laboratory Labor Dr. Fenner und Kollegen Medizinisches Versor-gungszentrum für Labormedizin und Humangenetik GmbH with its business address at Bergstraße 14, 20095 Hamburg, Germany. Furthermore, we have the right to have shipments carried out by SjF Hanse Scientific GmbH, with its business address at Bergstraße 14, 20095 Hamburg, Germany.

  5. Binding delivery dates and/or deadlines must be expressly agreed. In the case of non-binding and/or approximate delivery dates and/or deadlines, we shall endeavour to adhere to them to the best of our ability. 

  6. We are entitled to ship the test kits to a location other than the place of fulfillment. Unless otherwise agreed, we reserve the right to choose the route and means of transport for agreed shipments. If shipment is delayed due to the fault of the customer or for reasons attributable to the customer, we shall store the goods at the customer's expense and risk. 

  7. Unless otherwise agreed, all prices are ex works and are generally quoted in euros net (plus any applicable Value Added Tax), excluding packaging, freight, postage and transport insurance. If taxes or duties are levied on the services we provide at the customer's or our premises, the customer shall indemnify us against these taxes. Unless otherwise agreed with the customer, the valid prices are those stated in our general price list applicable at the time of conclusion of the contract.

  8. Payment methods other than bank transfer and credit card payment require a separate agreement between us and the customer.

  9. The relevant provisions of the Distance Selling Regulations Act (Fern- und Auswärtsgeschäfte-Gesetz, "FAGG") and the KSchG, in particular Sec 11 FAGG and Sec 3 KSchG concerning the statutory right of withdrawal, shall apply. The customer was specifically informed of their right of withdrawal before the contract was concluded.

  10. If the sample does not arrive at our premises properly packaged in accordance with the instructions on the test kit (e.g., due to leakage) or arrives after the period specified on the test kit between sample collection and analysis, the sample will be destroyed. In this case, the customer will be informed of the destruction in writing or electronically within 14 days of destruction. The customer may request a new test kit to be sent to them within a further 14 days of receiving notification of the destruction, subject to a fee of EUR 25.00 and the customer bearing the shipping costs.

  11. The delivered goods are intended to be placed on the market for the first time within the European Union, the United Kingdom, Turkey as well as other countries located in Europe.

  12. The customer may not modify the goods delivered by us in any way that affects safety. In particular, the customer may not modify or remove any existing warnings or other product information.

  13. The place of fulfillment is the registered office of our company in Austria.

  14. The additional place of jurisdiction for all disputes is the registered office of our company in Austria. For the sake of clarity, this jurisdiction clause in sentence 1 also applies to matters between us and the customer that may lead to non-contractual claims within the meaning of EC Regulation No 864/2007 (Rome II-Regulation). Notwithstanding the foregoing, we are also entitled to sue the customer at their general place of jurisdiction.

  15. Pursuant to Art. 17 ff of Regulation (EU) No 1215/2012, the customer is entitled to sue us in the Member State in which our company has its registered office and in the Member State in which the customer has his general place of jurisdiction.

  16. Unless otherwise expressly agreed, these GTC, the contracts concluded on the basis of these GTC and their legal validity, interpretation and fulfilment are subject exclusively to Austrian substantive law, excluding the referral provisions and the UN Convention on Contracts for the International Sale of Goods.

  17. In case of contradiction between the two language versions, the German version shall prevail.