§1 Scope of application, Contractual language
(1) These terms and conditions (GTC) apply to the contracts concluded between you and us MY BODY DNA, represented by the Board of Directors (see imprint), via this online store.
(2) The language available for the conclusion of the contract is exclusively German. Translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§2 Applicable law, mandatory consumer protection regulations
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a state that is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
§3 Conclusion of contract
(1) The presentation of goods and services in our online store does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking the “Order with obligation to pay” button in the last step of the ordering process, you submit a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not yet represent an acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order and / or booking by a separate e-mail or send the goods to the dispatch. Please check the SPAM folder of your email inbox regularly.
(3) You can select goods for purchase and/or services for booking in our online store by placing them in a shopping cart by clicking on the corresponding button. When you are ready to complete the order, go to the checkout. After entering all the necessary order and address data, the main item details, including any costs incurred, are summarized once again. Up to this point you can correct your entries or withdraw from the contract declaration. A binding offer within the meaning of paragraph 2 shall only be made by subsequently pressing the button “Order subject to payment”.
§4 Correction notice
As part of the ordering process, you first place the desired goods or services in the shopping cart. There you can always change the desired number of pieces or completely remove selected goods or services. The shopping cart is also the checkout page. On the page you can enter your data and then select the shipping and payment method. You will also see an overview of the products in the shopping cart. If you want to cancel the ordering process completely, you can also simply close your browser window. Otherwise, after clicking the confirmation button “Order with obligation to pay” your declaration becomes binding iSd § 3 para. 2 of these GTC.
§5 Storage of the contract text
The contractual provisions with details of the ordered goods and/or booked services, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail with the acceptance of the contract offer or with the notification thereof. We do not store the terms of the contract.
§6 Collection, storage, processing and disclosure of your personal data
(1) You can order goods or services in our online store as a guest or as a registered user. As a registered user you do not have to enter your personal data every time, but you can simply log in to your customer account before or during an order with your e-mail address and the password you freely chose during registration.
(2) For the execution and processing of an order we need the following data from you:
– First and last name
– E-mail address
– Postal address
– Phone number
(3) If you wish to create a customer account, we require from you the information specified in para. 2 and a password of your choice.
(4) We use the data provided by you for the fulfillment and processing of your order(s), such as for the delivery of goods to the address provided by you. When paying by bank transfer, we also use your bank details for payment processing.
(5) We store the data provided by you within the scope of our obligations under tax and commercial law.
(6) For the purpose of fulfilling the contract in the context of commissioning a genetic analysis, your submitted personal data will be transmitted to the laboratory performing the genetic analysis.
§7 Terms of payment
The purchase price is due immediately with the order. You can find information about our offered payment methods on the payment methods page.
§8 Retention of title
The goods remain our property until full payment. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.
§9 Delivery conditions
We deliver the goods according to the agreements made with you. Incidental shipping costs are listed in each case with the product description and are shown separately on the invoice. For more information on shipping and delivery, please visit the Shipping & Delivery page.
§10 Right of withdrawal
As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
§11 Warranty for purchases of goods
(1) Insofar as the goods purchased and delivered in our online store are defective, you are entitled within the scope of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become time-barred within the regular limitation period.
(3) In addition, you shall also be entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly issued such a guarantee with regard to the sold item in the individual case.
(4) In all other respects, you are entitled to the statutory warranty rights.
|§ 12 Special instructions and provisions for the performance of genetic analyses
(1) We arrange personalized genetic analyses based on a saliva sample. Based on the analysis, you will receive personalized nutrition and fitness recommendations.
(2) We do not provide medical or medical services and such are not owed by us. We also do not perform any analysis of the sample you submit, but only forward it to a laboratory for analysis. The examination of the saliva sample is expressly not performed for medical purposes, in particular not for diagnostic or predictive purposes. In particular, the analysis does not replace medical advice. We expressly point out that the recommendations given in the analysis do not constitute instructions for action or recommendations for action.
(3) The answers to the questionnaire required for the genetic analysis must be complete and truthful. Otherwise, proper and meaningful genetic analysis is not possible.
(3) The samples you send to us will be sent by us to the laboratory performing the analysis. Depending on the scope, the preparation of the genetic analysis can take about 3 to 6 weeks.
(4) We are not responsible for any damage, loss or alteration of your sample during delivery to us.
(5) If the sample sent by you is unusable, you agree already now to send us a new sample without being able to claim compensation for your expenses from us.
(6) Results of genetic analyses often contain statistical probabilities and are to be understood as a technical evaluation. The analyses are carried out according to the latest state of the art. Nevertheless, an error rate of 1% cannot be excluded.
§13 Limitation of liability
(1) We shall be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the fulfillment of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
(3) We do not assume any liability within the scope of the genetic analysis due to future or current dietary or fitness measures or diseases. The prevention and action programs or recommendations offered by the provider can often reduce the aforementioned risks, but not completely eliminate them. The action programs or recommendations are in no way a substitute for medical examination and consultation. The above recommendations are based on general findings and are not to be understood as specific advice in individual cases. Thus, dietary or fitness measures may not produce the desired result, or the disease may develop despite adherence to preventive measures. Where nutritional or medical statements and recommendations are made, these are based on scientific publications, which are also given as a reference in the reports. These have been evaluated to the best of our knowledge and belief and are believed to be accurate, but should not necessarily be taken by the customer as the last and final state of the art. It is theoretically possible that future genetic studies could reach a different conclusion and challenge the results and recommendations collected. Our liability based on future new scientific findings is therefore excluded.
§14 Final provisions
(1) The terms and conditions written here are complete and final. Amendments and supplements to these Terms and Conditions should be made in writing in order to avoid ambiguities or disputes between the parties regarding the respective agreed content of the contract.
(2) If you were domiciled or habitually resident in Germany at the time the contract was concluded and have either moved out of Germany at the time we file suit or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Freiburg (Germany).
(3) We draw your attention to the fact that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
Our email address is firstname.lastname@example.org. We point out according to § 36 VSBG that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.
Status of the GTC: December 2019