General Terms and Conditions
We are not willing and not obliged to participate in dispute settlement proceedings before a consumer arbitration board.
Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr
§ 1 Area of application, subject matter and conclusion of the respective contract
(1) The following conditions conclusively govern the contractual relationship between Laboklin Labor für klinische Diagnostik GmbH & Co. KG, represented by the personally liable partner Laboklin Verwaltungs GmbH, which in turn is represented by the managing director Dr. Elisabeth Müller, Steubenstraße 4, 97688 Bad Kissingen, hereafter called “LABOKLIN” and the respective customer.
(2) These Terms and Conditions apply exclusively. Conflicting or deviating terms and conditions of the customer shall not be recognised unless they have been explicitly confirmed by LABOKLIN in the individual case.
(3) They are applicable to consumers as well as entrepreneurs. Within the meaning of these Terms and Conditions, a consumer is every natural person who places the order for purposes that can neither be mainly attributed to a commercial nor an independent professional activity. Within the meaning of these Terms and Conditions, an entrepreneur is a natural person or legal entity or an incorporated partnership that is exercising the commercial or independent professional activity at the time of placing the order.
(4) The subject matter of the respective contract is the genetic test conducted for the customer by LABOKLIN.
(5) The offers provided by LABOKLIN on its website are binding offers for the conclusion of a contract. A contract between both parties shall come into effect when the customer clicks on “Buy now” at the end of the order process.
(6) After the order, the wording of the contract and the General Terms and Conditions will be sent to the customer by email. In addition, the customer who has created a customer account can use this customer account to check on his respective orders at any time after the conclusion of the contract.
(7) The German language will exclusively be used for the conclusion of the contract. German law shall apply if the customer is a businessperson.
(8) All prices shown are gross prices in euro.
§ 2 Settlement of the contract
(1) Payment of the price shall become due with immediate effect at the conclusion of the purchase contract. The customer has the option to choose between different payment methods. For deliveries abroad, initial orders or for other reasons, LABOKLIN reserves the right to exclude certain payment options.
(2) The customer shall send the necessary sample material for the genetic test ordered to LABOKLIN. LABOKLIN shall carry out the genetic test as provided in the contract and shall send the test result to the customer by email. A customer who has a customer account will also be provided with this result in his customer account.
(3) If the customer ordered a free test kit, it will be sent to him free of charge by LABOKLIN after the conclusion of the contract.
(4) The customer is obliged to take the samples in accordance with the requirements of LABOKLIN or to let a professionally trained third party, e. g. a veterinarian, take the samples.
(5) LABOKLIN can only examine samples which have been properly collected, packed and immediately sent to LABOKLIN. It is absolutely necessary to observe the corresponding instructions.
(6) It is pointed out to the customer that using LABOKLIN’s services does not replace any medical service and/or consultation.
(7) Descriptions of services in print media and on the websites of LABOKLIN GmbH & Co. KG do not have the character of an assurance or guarantee.
§ 3 Liability
LABOKLIN shall in no case be liable for damages caused by slight negligence. The restrictions of liability do not apply for damages resulting from the loss of life, physical injuries or health damages, fraudulent concealment of defects, claims under the German Product Liability Act, in the case of intent and gross negligence as well as in the event of breach of obligations, the fulfilment of which make the proper execution of the contract possible in the first place and whose observance the customer can regularly rely upon.
§ 4 Final provisions
(1) The present Terms and Conditions and each contract concluded shall be exclusively governed by German law to the exclusion of UN sales law, if the customer is not a consumer.
(2) As far as both parties are registered traders, the town of the LABOKLIN head office is agreed upon as the place of jurisdiction for all disputes arising out of or in connection with the present contract.
(3) Should one or more provisions of these Terms and Conditions be ineffective in whole or in part, its remaining provisions shall remain fully effective.
As of 26/11/2017