Terms of Service

 

§ 1 General

1.1 All performances by bio.logis Center for Human Genetics shall be provided for the Customer exclusively on the basis of the following Standard Terms and Conditions (Allgemeine Geschäftsbedingungen = “AGB”) in the version valid as of the time of ordering. Individual contractual agreements shall govern these Standard Terms and Conditions.

1.2 “Customers” within the meaning of these terms and conditions include both Consumers as defined by § 13 of the German Civil Code (BGB) and entrepreneuer as defined by § 14 of the BGB.

1.3 A contract is reached between you as Customer (hereinafter “Customer”) and us, bio.logis Center for Human Genetics, Altenhöfersallee 3, 60438 Frankfurt am Main, Managing Director: Daniela Steinberger (hereinafter By placing an order the Customer acknowledges the terms and conditions of delivery as legally binding. As provided by law, agreements with consumer Customers differing from these rules are possible at any time.

1.4 Where Customer is an entrepreneur these Standard Terms and Conditions may be altered or excluded only by written agreement. Any differing terms and conditions of an entrepreneur Customer shall not bind the Seller even if not expressly contradicted.

1.5 The language of the contract and negotiations is German.

 

§ 2 Contract execution

2.1 The description of services in our online portal represents a legally binding offer. The Customer makes a legally binding acceptance of that offer by clicking on the "Place Order“ ("Bestellung abschicken“) button.

2.2 The individual steps for placing an order are as follows: The ordering process is initiated by clicking on the "„PGS.box“ order“ ("„PGS.box“ bestellen“) button on the start page. This opens a data entry template for the Customer to fill in. After data entry the Customer places a binding order for the articles in the shopping basket by clicking on the "Finalize order“ ("Bestellvorgang abschließen“) button. Up to this point an order can be changed or deleted at any time. The Customer need merely exit the "shopping basket“ or close the browser. The "Delete“ ("Entfernen“) function can be used to remove individual items from the "shopping basket“ and modify its contents.

2.3 After the Seller receives the order the Customer will receive a dated order confirmation with a list of the articles ordered as well as shipping costs and payment method. A valid Email address is a prerequisite.

 

§ 3 Right to cancel

A consumer Customer must be informed in advance of his right to cancel remote sales contracts.

Notice of right to cancel

You may withdraw from your contracting declaration for any reason by text communication (e.g. letter, fax, E-mail) within 14 days or, if you receive the goods before the deadline runs – by returning them. The cancellation period begins after you receive this notice in text form but not before you receive the goods; (in the case of multiple deliveries of similar types of goods: not before receipt of the first partial shipment) and not before fulfillment of our duties to inform pursuant to Article 246 § 2 read in conjunction with § 1 para. 1 and 2 of the Introductory Law to the Civil Code (EGBGB) as well as our duties pursuant to § 312g para. 1 sentence 1 of the Civil Code (BGB) read in conjunction with Article 246 § 3 of the EGBGB. Timely dispatch of the cancellation notice or returned goods suffices to meet the cancellation deadline.

The cancellation notice is to be sent to:

bio.logis Zentrum für Humangenetik
Kundenbetreuung
Altenhöferallee 3
60438 Frankfurt am Main
Fax: + 49 (0) 69 - 530843711
Email: kundenbetreuung@bio.logis.de

Medical Director: Prof. Dr. med. Daniela Steinberger

 

Consequences of cancellation

If validly cancelled the mutual performances received are to be restored and, where appropriate, compensation paid for any value lost (e.g. interest). If you are unable to restore to us the performance received in whole or in part or only in worse condition, you must compensate us to the extent of that difference in value. You are only required to reimburse us for physical deterioration of goods and for services used to the extent that the deterioration or use is attributable to actions taken with regard to the item that go beyond “testing for quality and function”. “Testing for quality and function” means the same testing and trial use of the respective goods as would be possible and common in a store.

Items that can be mailed parcel post are to be returned at our risk. You must bear the ordinary costs of return shipment if

(1) the delivered goods conform to the order and if the price of the items returned does not exceed €40 or,

(2) in the event of a higher priced item, you have not yet fully performed or made a contractually agreed partial payment.

In other cases, the return is at no cost to you. Goods that cannot be mailed parcel post will be picked up from you.

Reimbursement obligations must be paid within 30 days beginning for you on the date you send your cancellation notice or the goods and, for us, when we receive them.

End of revocation rights advisement

Agreement

We agree that you must bear the ordinary costs of return shipment if the delivered goods conform to the order and if the price of the items returned does not exceed €40 or in the case of a higher priced item, you have not yet fully performed or made the contractually agreed partial payment.

 

§ 4 Prices, terms of delivery and payment

4.1 Prices may be found at the Seller’s website at pgsbox.com.

4.2 Delivery and fulfillment of orders is done exclusively on a cash in advance basis.

4.3 The Customer must consent to genetic testing in writing before testing begins. Accordingly, the „PGS.box“ will not be sent to the Customer until the Seller has received the Customer’s written consent.

4.4 The Seller expressly warns that the return of another person’s DNA without that person’s permission is a violation of general personality rights (Persönlichkeitsrecht) and can have legal consequences.

 

§ 5 Delivery

The Seller will send the „PGS.box“ within 10 working days after receipt of the declaration of consent. We ship only to countries and upon conditions listed at our website under "payment and shipment". Please contact us if you desire shipment to a country not listed.

 

 

§ 6 Revocation of consent to genetic testing

6.1 The Customer may revoke its consent to genetic testing. In that event, testing not yet begun will not take place and any that has already begun will be halted.

6.2 If the Customer revokes consent, the Customer shall reimburse any expenses incurred by the Seller to that point. Such expenses are as follows:

a) If consent is revoked after the „PGS.box“ is shipped to the Customer expenses of €150 shall be reimbursed.

b) If consent is revoked after the „PGS.box“ has been returned by the Customer to the Seller, then the Seller will have already incurred expenses in the ordinary course of business that the Customer must reimburse.

c) If consent is revoked before the „PGS.box“ is sent to the Customer then the Customer shall pay the Seller €50 for its processing expenses.

 

§ 7 Risk of loss

7.1 If the Customer is a consumer (§ 13 of the BGB), the risk of accidental loss and deterioration of the goods passes when the goods are delivered to the customer.

 7.2 If the Customer is an entrepreneur (§ 14 of the BGB), the risk of accidental loss and deterioration of the goods passes when the items are delivered to a suitable shipping person at the Seller’s business office. The Seller is not obligated vis-à-vis an entrepreneur to insure the shipment if the parties have not expressly agreed otherwise.

 7.3 Risk shall also pass to the customer where the latter has failed to timely accept delivery.

 

§ 8 Transportation damages in contracts with entrepreneurs

If the Customer is an entrepreneur, obvious transportation damages will be identified to the delivering shipper when the goods are delivered. If possible, confirmation of such notice should be demanded. If such confirmation is not obtained, the entrepreneur shall promptly inform the Seller of the transportation damages.

 

§ 9 Warranties 

9.1 Statutory warranty rights apply to consumers.

9.2 If the Customer is an entrepreneur, the warranty period is one year following delivery of the goods. Otherwise, the statutory rules apply.

 

§ 10 Compensatory damages

Compensatory damage claims against Seller or its vicarious agents for breach of duty are excluded if not based on intentional or grossly negligent conduct. Liability for damages due to death and personal injury are unaffected.

 

§ 11 Reservation of title

11.1 All deliveries are subject to reservation of title. For deliveries to a consumer Customer, title does not pass until the invoice for the respective delivery is paid in full.

11.2 If the Customer is an entrepreneur, title shall not pass until obligations arising under contracts between it and the Seller have been fully met. The entrepreneur’s terms and conditions for payment in this regard are not binding.

11.3 If the Customer is an entrepreneur, it may sell the delivered goods in the ordinary course of business upon its normal business terms and conditions. If the Customer sells the delivered goods, then it hereby now assigns to Seller its claims against its Customer arising from such sale up to the amount of its obligations to the Seller.

 

§ 12 Governing law, jurisdiction and venue

12.1 German law, excluding the UN Sales Convention, shall apply even for orders placed from abroad.

12.2 If the Customer is a merchant (Kaufmann)within the meaning of the German Commercial Code (HGB) or a juridical person organized under public law or an agglomeration of assets (Sondervermögen), jurisdiction and venue is with the court exercising jurisdiction at the Seller's registered office. The same shall apply for contracts with consumers who at the time judicial proceedings commence have no place of general jurisdiction and venue in the Federal Republic of Germany or whose residence is unknown at the time the action is brought.

 

§ 13 Savings clause

If one or more provisions of these Standard Terms and Conditions are invalid, it shall not invalidate the contract as a whole. The relevant provisions of law shall govern in lieu of any invalid provision.

 

§ 14 Seller identification

bio.logis Zentrum für Humangenetik
Altenhöferallee 3
60438 Frankfurt am Main