GENERAL TERMS AND CONDITIONS OF BUSINESS (GCB) – CONTENTS
1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. right of withdrawal
8. warranty for material defects and guarantee
10. storage of the contract text
11. final provisions
1. SCOPE OF APPLICATION
1.1 The business relationship between Beyond DNA GmbH, Schreiberweg 50, 1190 Vienna (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach us for questions or complaints by e-mail at firstname.lastname@example.org or on weekdays from 9:00 to 18:00 by phone +43 660 99 800 66.
1.3 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for a purpose that can be attributed predominantly neither to their commercial nor their independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
2. OFFERS AND SERVICE DESCRIPTIONS
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted with the products. Errors and omissions excepted.
3. Order process and conclusion of contract
3.1 The customer can select products from the assortment of the seller without obligation and collect them via the button “shopping cart” in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the conclusion of the ordering process within the shopping cart via the “Checkout” button.
3.2 By clicking on the button “order with obligation to pay”, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Necessary data are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic order confirmation by e-mail, in which the ordered products and services are listed again. The automatic confirmation of receipt documents that the Seller has received the Customer’s order and does not, however, constitute acceptance of the application. The purchase contract is only concluded when the seller has shipped the ordered product to the customer within 2-4 days.
3.4 In the case of instant bank transfer, the contract is concluded with the provision of bank details and request for payment.
4. PRICES AND SHIPPING COSTS
4.1 All prices stated on the Seller’s website are inclusive of the applicable statutory VAT.
4.2 In addition to the stated prices, the Seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on a separate information page and during the ordering process.
5. DELIVERY, AVAILABILITY OF GOODS
5.1 Delivery will be made after receipt of the invoice amount.
5.2 If the delivery of the goods fails due to the fault of the Buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the customer without delay, minus the costs of repeated delivery attempts.
5.3 If a product is not available, the customer will be informed immediately and the seller can withdraw from the contract.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. PAYMENT MODALITIES
6.1 The customer can choose from the available payment methods within the framework of and before the completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 In the case of payment processing via a third-party provider, e.g. Paypal, their general terms and conditions apply.
7. RIGHT OF WITHDRAWAL
The customer has the right to withdraw from the purchase up to 14 days after the order. For an analysis, a starter kit will be sent to him, which will be used for the cheek swab/saliva sample. If the customer wishes to exercise his right of withdrawal, the starter kit must be returned in its original condition (without opened packaging, especially the test strips for the cheek swab). This right expires when the customer makes the swab and the cotton swabs are returned used. Since the analysis is evaluated on the basis of his personal saliva sample, the cost of the analysis cannot be refunded from the moment the test swabs are received by the laboratory. For further information, please refer to Revocation.
8. WARRANTY FOR DEFECTS AND GUARANTEE
8.1 The warranty is determined by legal regulations.
8.2 A warranty exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the warranty conditions before initiating the order process.
9.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory conditions for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. STORAGE OF THE CONTRACT TEXT
10.1 The Customer may print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order process.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, but at the latest upon delivery of the starter set or other goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area.
11. FINAL PROVISIONS
11.1 Place of jurisdiction and place of performance is Vienna.
11.2 Contract language is German.
11.3. platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.