TERMS OF SERVICE (download as PDF)
1.1 Area of Validity
These General Terms and Conditions shall apply to all business relationships between us Eurofins Medigenomix Forensik GmbH, Anzinger Str. 7 a, 85560 Ebersberg, and you, in the version that is valid at the time of contract conclusion. Should you use contrary General Terms and Conditions, these are hereby expressly rejected forthwith.
1.2 Contract Agreement
Contract language is German and English.
1.3 Close of Contract
When booking via this website, the booking process consists of a total of three steps. In the first step, you select the desired service. In the second step, you enter your data including billing address and, if applicable, different address, and you can choose the payment method. In the third step, you have the option to verify all details (e.g., name, address, method of payment, desired service), and, if necessary, correct input errors before you confirm your order by clicking the button “Purchase Now”. With this order, you initiate a legally-binding contract offer. We will confirm the receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within five calendar days after receipt of the order by e-mail, fax, telephone or by post. The contract only comes into existence upon acceptance.
The contract’s text body will be saved by us and will be sent to you in writing (e.g., email, facsimile or regular mail) along with these General Terms and Conditions and Customer Information after your order has been submitted. The contract’s text body cannot, however, be accessed by you via the website following your submission of order. You may print the applicable website page showing the contract’s text body through the browser’s Print function
1.4 Performance time
After concluding the contract, you will receive the necessary materials within seven working days to send us the required samples.
1.5 Procedure and obligation to cooperate
In addition to the samples, we kindly ask you to fill out and send us the form enclosed with the test set, so that we can begin our processing. We are not responsible for delays due to your failure to cooperate. Please always make sure that you have obtained the respective consent of the persons to be analyzed or noted it on the form. We always provide our services according to your order, based on your information and the samples sent to us, but we do not verify that they have been obtained lawfully.
2. Service description
We offer you extensive DNA analyzes. You can choose between our different analysis tests.
All prices include VAT.
3.2 Right of Retention
The enforcement of a right of retention is only available to you for such counterclaims which are due and based on the same legal relationship as your obligation.
4. Notice to the Right of Cancellation for consumers with long-distance contracts
Notice to the Right of Cancellation
You may cancel this contract within fourteen (14) days without stating any reasons.
The cancellation period lasts fourteen (14) days from the day of closing the contract. To exercise your right of cancellation, you must inform us (Eurofins Medigenomix Forensics GmbH, Anzinger Str. 7 a, 85560 Ebersberg, Phone: 08092 - 8289 222, Fax: 08092 - 8289 201, E-Mail: firstname.lastname@example.org) with a clear statement (e.g., a letter mailed through the postal service, by facsimile, or email) regarding your decision to cancel this contract. For this purpose, you can use the enclosed sample Form of Cancellation although this is not mandatory.
To adhere to the cancellation period, it suffices, that you send the notice to execute the right to cancellation before the end of the cancellation period.
Consequences of cancellation
In case of your contract cancellation, we are required to return all payments to you which we have received from you, including the shipping cost (with the exception of additional cost caused by a different kind of delivery method than our lowest standard delivery offered), without delay and within fourteen (14) days at the latest, from the day when we have received the notice of your contract cancellation. For this return of payment, we shall use the same form of payment which you used for your original transaction, except where expressly agreed to with you otherwise; under no circumstances will you be charged with fees for this return of payment.
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
- End of Cancellation Notice -
Special reference about the early expiration of the Right of Cancellation
Your Right of Cancellation expires early if we have provided the service completely and have only started to perform the service, after you have given your express agreement and you confirmed your knowledge of it that you shall lose your Right of Cancellation upon full performance of the contract.
5. Your Responsibility
You are solely responsible for the content and accuracy of the data transferred by you. You also commit not to transfer data whose content infringes the rights of third-parties or violates existing laws. You confirm with the transmission of data to us to have adhered to copyright laws.
5.2 Liability Exemption Disclaimer
You commit to keeping us free from all third-party claims regarding such violations towards us. This includes the reimbursement of cost regarding necessary legal representation.
5.3 Data Storage
You are jointly responsible for the storage of the transmitted information. We cannot be held responsible for the loss of information transmitted by the customer since we do not assume responsibility for a general data storage guarantee.
6.1 Liability exemption disclaimer
We, and our legal representatives and associated agents, shall only be liable for intent or gross negligence. As far as significant contract duties (consequently such duties, whose adherence are of considerable meaning for the reaching of the contract purposes) are affected, even slight negligence is covered. Liability is limited in this case to foreseeable, contract-typical, immediate average damages. We shall be liable towards business owners in case of a grossly negligent violation of non-essential contractual duties only in the amount of the foreseeable, contract-typical, immediate average damage.
6.2 Retention of Liability
The aforementioned liability exemption disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.
7. Final Clauses
7.1 Place of Jurisdiction
Our head office is agreed as the exclusive place of jurisdiction for all litigation proceedings based on this contract, as far as you are a merchant, a corporate body under public law or a separate public estate or as far as you don’t have a place of jurisdiction in the Federal Republic of Germany.
7.2 Governing Law
Unless mandatory legal provisions based on the customer’s right of domicile do not prevent it, it shall be agreed upon that German law shall be valid excluding the UN Convention on the International Sale of Goods.
7.3 Consumer Dispute Settlement Procedure (B2C)
The European Commission has created an Internet platform for Online Dispute Settlement Procedures regarding contractual responsibilities originating from online contracts (OS Platform). You can reach the OS Platform by clicking the following link: http://ec.europa.eu/consumers/odr/
We are not required and not willing to participate in this Dispute Settlement Procedure before a Consumer Arbitration Board.
7.4 Severability Clause
Should individual terms of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.