GENERAL TERMS AND CONDITIONS (ONLINE STORE B2B)
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders placed with the online store of Ingenium Labs GmbH, Managing Directors: Prof. Dr. med. Wolfgang Kaminski, Dr. med. Peter Wieloch. (2) The goods offered in our online store are exclusively intended for buyers who have reached the age of 18. (3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations, even if they are not expressly agreed again. By way of clarification, this shall also apply to subsequent test requests by employees or other persons using the delivered goods. The inclusion of general terms and conditions of a customer which contradict our General Terms and Conditions is hereby already objected to. (4) The contract language is exclusively German.
§ 2 Conclusion of contract
(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store. (2) By clicking the button "Order with costs" you submit a binding offer to purchase (§ 145 BGB). (3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt. (4) A purchase contract for the goods shall only be concluded if we expressly declare acceptance of the purchase offer or if we ship the goods to you - without prior express declaration of acceptance.
§ 3 Price
The prices stated on the product pages are gross or as a healing service without VAT.
§ 4 Terms of payment; Default
(1) Payment shall be made either by invoice, advance payment, credit card, Paypal or direct debit. (2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only prepayment to hedge our credit risk. (3) If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation. (4) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will be made at the time we ship the goods to you. (5) In the case of payment by direct debit, you shall bear any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in your account or due to incorrect bank details provided by you. (6) If you are in default with a payment, you shall be obliged to pay the statutory default interest in the amount of 9 percentage points above the base interest rate. In addition, you shall be entitled to payment of a lump sum in the amount of 40 euros. We reserve the right to claim further damages.
§ 5 Set-off / Right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established or is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim. (2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
(1) Unless otherwise agreed, the goods will be delivered at your request from our warehouse to the address specified by you.
§ 7 Warranty
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB) with the following modifications: - Only our own specifications are binding for the quality of the goods. - You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 10 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded. - In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). - If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract. - The warranty period is 12 months from delivery of the goods. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
§ 8 Disclaimer
The results can only be reported after registration at https://ingenium-labs.de/register. Late registrations will therefore lead to delayed result reporting for which we assume no liability. In very few cases, the test may show a delayed or invalid result. Underlying causes include, for example, insufficient quality of the material sent, e.g. due to faulty acceptance, if the test person did not gargle or subsequent contamination, or a failure of the analysis due to unforeseeable reasons (e.g. delivery failures for reagents). Furthermore, in rare cases, delays in the delivery of findings may occur due to unexpected work on analytical equipment and IT infrastructure. Ingenium tries to exclude such delays as far as possible by appropriate planning. Furthermore, it is possible that during the early phase of a Corona infection virus is undetectable in the mouth/throat cavity resulting in a false negative test result. If an underlying problem could not be detected by Ingenium during sample collection, Ingenium is not responsible for a potentially incorrect test result. Furthermore, we assume no liability for samples that are not taken, packed and shipped according to the specifications of our instruction manual or shown on our homepage, and for delays in the reporting of results caused by this. Furthermore, we assume no liability for failures of our personnel caused by weather, forces of nature or Corona as well as delivery interruptions of our suppliers and logistics service providers.
§ 9 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. (2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). (3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.