Terms and Conditions

§1 Scope, Contract language

(1) These Terms and Conditions (GTC) apply to the contracts concluded between you and us, MYBODY Lab GmbH, represented by the Board of Directors (see Legal Notice), via this online shop.

(2) The language available for concluding 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 takes precedence.

§2 Applicable law, mandatory consumer protection provisions

The law of the Federal Republic of Germany applies, excluding 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 which 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, German law also applies, without affecting any mandatory provisions of the state in which you have your habitual residence.

§3 Conclusion of contract

(1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).

(2) By clicking the "Order with payment" button in the last step of the ordering process, you make a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which does not, however, constitute acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order and/or booking by separate email or dispatch the goods. Please check the SPAM folder in your email inbox regularly.

(3) You can select goods to purchase and/or services to book in our online shop by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the checkout. After entering all the required order and address details, the essential item details, including any costs incurred, are summarized again. Up to this point, you can correct your entries or withdraw from the contract declaration. A binding offer is only made in accordance with paragraph 2 when you then click on the "Order with payment" button. 

§4 Correction notice

As part of the ordering process, you first place the desired goods or services in the shopping cart. There you can change the desired quantity at any time or remove selected goods or services completely. 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 there. If you want to cancel the ordering process completely, you can simply close your browser window. Otherwise, after clicking the confirmation button "Order with payment", your declaration becomes binding within the meaning of Section 3 Paragraph 2 of these Terms and Conditions.

§5 Storage of the contract text

The contractual provisions with information on the goods ordered and/or services booked, including these General Terms and Conditions and the cancellation policy, will be sent to you by email upon acceptance of the contract offer or upon notification of this. We do not store the contractual provisions.

§6 Collection, storage, processing and transfer of your personal data

(1) You can order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not have to provide your personal data every time, but you can simply log into your customer account before or as part of an order using your email address and the password you freely chose when registering.

(2) To carry out and process an order, we require the following data from you:

- First and Last Name
- E-mail address
– Postal address
– Telephone number

(3) If you would like to create a customer account, we will require the data specified in paragraph 2 as well as a password of your choice.

(4) We use the data you provide to fulfil and process your order(s), for example to deliver goods to the address you have provided. If you pay by bank transfer, we also use your bank details to process the payment.

(5) We store the data you provide in accordance with our tax and commercial law obligations.

(6) For the purpose of fulfilling the contract in the context of commissioning a genetic analysis, your transmitted personal data will be transmitted to the laboratory carrying out the genetic analysis.

§7 Terms of payment

The purchase price is due immediately upon ordering. Information about the payment methods we offer can be found on the Payment Methods page.

§8 Retention of title

The goods remain our property until full payment has been made. If you are more than 10 days late with payment, we have the right to withdraw from the contract and reclaim the goods.

§9 Delivery conditions

We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and are shown separately on the invoice. You can find further information on shipping and delivery on the Shipping & Delivery page.

§10 Right of withdrawal

As a consumer, you have a right of withdrawal in accordance with the instructions set out in the appendix. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

 §11 Warranty for purchases of goods

(1) If the goods purchased and delivered in our online shop are defective, you are entitled, within the framework 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 that we have fraudulently concealed expire within the regular limitation period.

(3) You are also entitled to rights in respect of defects within the scope of a guarantee of quality and/or durability, provided that we have expressly given such a guarantee in the individual case with regard to the item sold.

(4) In all other respects, you are entitled to the statutory warranty rights.

§ 12 Special instructions and provisions for carrying out genetic analyses (1) We provide 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 any medical or physician services and are not obliged to provide any. We also do not carry out 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 carried out 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 or recommendations for action. (3) The questionnaire required for the genetic analysis must be answered completely and truthfully. Otherwise, a proper and meaningful genetic analysis is not possible. (3) We will send the samples you send to us to the laboratory that will carry out the analysis. Depending on the scope, the genetic analysis can take about 3 to 6 weeks to complete. (4) We accept no responsibility for any damage, loss or alteration of your sample during delivery to us. (5) Should the sample you have sent in prove unusable, you hereby agree to send us a new sample without being able to demand reimbursement of your expenses from us. (6) Results of genetic analyses often contain statistical probabilities and are to be understood as technical evaluations. The analyses are carried out using the latest technology. Nevertheless, an error rate of 1% cannot be ruled out.

 

§13 Limitation of Liability

(1) We are liable for intent and gross negligence. We are also liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance you as a customer can regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.

(2) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant and uninterrupted availability of our online trading system.

(3) We do not accept any liability within the scope of genetic analysis due to future or current nutritional or fitness measures or illnesses. The preventive and action programs or recommendations offered by the provider can often reduce the aforementioned risks, but cannot completely eliminate them. The action programs or recommendations are in no way a substitute for a medical examination and advice. The aforementioned recommendations are based on general findings and are not to be understood as specific advice in individual cases. It is therefore possible that nutritional or fitness measures do not lead to the desired result or that the illness develops despite compliance with the preventive measures. Insofar as nutritional or medical statements and recommendations are made, they are based on scientific publications that are also given as references in the reports. These have been evaluated to the best of our knowledge and belief and are considered to be correct, but should not necessarily be viewed by the customer as the last and final state of science. It is theoretically possible that future genetic studies will come to a different conclusion and could call into question the results and recommendations obtained. Our liability due to new scientific findings in the future is therefore excluded.

§14 Final provisions

(1) The terms and conditions set out here are complete and final. Any changes or additions to these terms and conditions should be made in writing in order to avoid any confusion or dispute between the parties regarding the agreed contractual content.

(2) If you had your place of residence or habitual abode in Germany at the time the contract was concluded and have either moved from Germany at the time we file suit or your place of residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes shall be our company headquarters in Freiburg (Germany).

(3) We would like to point out that in addition to the ordinary legal process, you also have the option of an 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: info@mybody-x.com. According to Section 36 VSBG, we would like to point out 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 remaining provisions of the contract.

Status of the General Terms and Conditions: December 2019