Terms and Conditions
genetic balance® UG (haftungsbeschränkt), Frankfurterstrasse 87, D-97082 Würzburg
firstname.lastname@example.org, www.genetic-balance.com, hereinafter referred to as genetic balance®. General terms and conditions for carrying out and arranging gene analyzes by genetic balance®. Status: 01/01/2017
1. genetic balance® belongs to a network of medical laboratories that is responsible for the mediation and logistics for carrying out genetic analyses. 2. The scope of services is exclusively the provision of genetic analysis. 3. These general terms and conditions (“GTC”) apply to all future services of genetic balance®. Deviating, conflicting or supplementary general terms and conditions, even if known, are not part of the contract unless their validity is expressly agreed in writing. 4. Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them. 5. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into and the exercise of their commercial or independent professional activity. 6. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. 7. The terms contained in these General Terms and Conditions always refer to both female and male persons.
II. Information for customers who are consumers
Company of the entrepreneur: genetic balance® UG (limited liability), www.genetic-balance.com. Practiced trade: Sales of genetic tests for health care. Registered under: HRB 13579 at the Commercial Court of Würzburg; Sales identification number (UID number): DE274585469. Contact details of the entrepreneur: Frankfurterstrasse 87, D-97082 Würzburg, email@example.com
III. Essential characteristics of the service
Mediation of gene analyzes using provided cells. The price of the service, including all taxes plus shipping costs, is stated by the referring physician or on the website, with the patient confirming that he has read and accepted the price by signing the declaration of consent. Genetic balance® gene analyzes are not about means, processes, treatments or objects that serve to identify, eliminate or alleviate diseases, ailments, physical damage or pathological symptoms in people. Only genetic tendencies are identified, but no statements are made about existing illnesses, ailments, physical damage or pathological symptoms.
IV. Conclusion of contract
1. By signing the order and sending the saliva sample, the customer makes a binding offer to order a genetic analysis. 2. The offer is accepted by means of an order confirmation and the allocation of an order number.
V. Prices, Payment
1. The prices offered are daily prices and apply until revoked. Prices are subject to change. Legal sales tax included in the price. 2. The price for carrying out the genetic analysis is to be paid within 8 calendar days after receipt of the order confirmation by the customer by bank transfer to the account specified there. 3. In the case of foreign transfers, the customer bears the expenses incurred. 4. The analysis of the submitted saliva samples takes place immediately after receipt of payment.
VI. Right of withdrawal for distance contracts
The right of withdrawal according to § 312 g BGB does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, such as when ordering genetic balance genetic tests or genetic balance metabolism programs.
VII. Effects of the Genetic Diagnostics Act
1. The possibility for the patient to state that he does not wish to know the result of the analysis and the consequences that can be derived from it has no influence on the concluded contract. 2. If the patient withdraws his consent to the genetic analysis, genetic balance® will stop all activities and will also be released from the provision of services. If the execution of the service has already started at genetic balance®, the costs in the amount of 50% of the contract price to be paid as an expense allowance.
VIII. Sample loss/destruction/damage/alteration/defectiveness
1. If the sample sent by the customer to genetic balance® is destroyed, damaged or altered during transport, or if it is lost in the process, then this is the sole responsibility of the customer. 2. If the result is incorrect or defective as a result of damage or changes to the sample during transport, this is not the responsibility of genetic balance®, so that no liability can be derived from it. 3. If no DNA can be isolated from samples, the patient agrees to provide another sample without being able to claim any costs or compensation. 4. Genetic balance® provides the service by sending the analysis result and, if applicable, the findings to the referring doctor or customer and is completed when the transmission has taken place. 5. Unless otherwise agreed in writing, genetic balance® will begin providing the service immediately after receipt of payment. The customer is advised that the genetic analysis can take about 4 to 8 weeks.6. Sample material sent in can be kept and will be destroyed at the customer's request. 7. The customer is only entitled to withdraw from the contract due to non-compliance with the performance deadline if he has given genetic balance® a reasonable grace period of at least 2 weeks in writing, unless a fixed delivery date has been expressly agreed. 8. If a circumstance occurs which makes a significant delay in performance or the impossibility of performance by genetic balance® likely, then genetic balance® is entitled to withdraw from the contract. If genetic balance® is at fault for this disruption in performance or if genetic balance® is otherwise responsible for this, then genetic balance® is liable for the damage caused as a result, but only if genetic balance® caused this circumstance intentionally or through gross negligence.
IX. Limitation of Liability
1. genetic balance® is only liable for damage caused to the customer through gross negligence or intent on the part of genetic balance® or its employees. 2. Liability for slight negligence, compensation for consequential damage and financial loss, savings not achieved, loss of interest and damage from third-party claims against the customer are excluded. 3. These limitations of liability do not apply to personal injury attributable to genetic balance® and - as far as consumers are concerned - to damage to genetic balance® items handed over for processing.4. We would like to point out that the results of genetic analysis are statistical probabilities and the results of genetic analysis are a technical evaluation. We would like to point out that genetic balance® excludes any liability claims that could arise due to future illnesses. The prevention programs offered by genetic balance® can reduce the risk of illness, but they cannot completely eliminate it. It is therefore possible for a disease to develop despite compliance with the precautionary measures. In addition, genetic balance® excludes liability claims that may arise due to psychological complications and illnesses in connection with the genetic analysis. The gene analyzes commissioned or carried out by genetic balance® only examine the area or gene commissioned. Other areas of the gene or other genes are excluded from the analysis.
X. Data protection
genetic balance® will keep the data obtained during the genetic analysis secret and observe the following provisions: The customer, as the person examined, must be granted access to all data relating to him upon request. The person examined must be informed of unexpected results that are of immediate clinical importance or which he/she specifically requests, unless there is an express wish to be informed of only a specific result. In particular, if the person being examined has not asked for it, this notification must be made in such a way that it does not have a worrying effect on the person being examined. Gene variations that were not sufficiently scientifically documented at the time of the analysis and whose clinical impact cannot therefore be clearly interpreted are not communicated to the customer. Data in non-anonymized form may only be used for a purpose other than that for which it was originally collected with the express and written consent of the person being examined. Data may only be passed on: to persons who are directly involved in the establishment, processing or evaluation of the data in the facility where they were collected, to the person examined, to the doctor who arranged for the genetic analysis, and to the treating or diagnosing doctor, to other persons only if the person examined has expressly consented to this in writing, whereby a written revocation of this consent is possible. Information in accordance with Sections 4b and 4c of the Federal Data Protection Act: genetic balance® transmits their personal data to partner companies in Germany and to partner companies in other member states of the European Union in order to fulfill the contract with the customer (Section 4c (2) of the Federal Data Protection Act), which is part of the genetic balance® provide the service offered. These companies only receive the data that is necessary to provide the respective service. In accordance with § 4c of the Federal Data Protection Act, these companies have been contractually obliged to ensure that the data transmitted may only be processed or used for the purpose for which it was transmitted. Data must be protected against access by unauthorized persons in an appropriate manner: 1. Data that has not been made anonymous may only be processed automatically in the facility where it was collected and only by the doctor who arranged for the gene analysis ; they are to be stored separately from other types of data and may only be accessed by persons authorized under this federal law and only with a separate access option. 2. The obligations also apply to persons who are involved in carrying out genetic analyzes or in storing or managing the data collected in this way. 3. Please note that we cannot assume any responsibility or liability for the content of linked external websites and we hereby expressly distance ourselves from the content of linked websites which may be accessible through the integration of external links on our website. Genetic balance® does not adopt third-party content on pages that are reached via links from our pages and sub-pages and therefore assumes no responsibility for it. We expressly distance ourselves from inadmissible or illegal content.
1. Binding assurances, obligations and promises can only be attributed to genetic balance® or accepted by genetic balance® if they are made by genetic balance® itself. In relation to the customer who is a consumer, the doctor who arranged for the genetic analysis or the treating doctor is in any case not attributable to genetic balance®, so that he/she can therefore not bind genetic balance®. 2. Changes or additions to these GTC are only valid if agreed in writing. 3. Should a provision, part of a provision of these GTC or any other agreement be wholly or partially ineffective, invalid or unenforceable, this shall not affect the effectiveness, validity or enforceability of the other provisions. Under these circumstances, the provision found to be ineffective, invalid or unenforceable shall be deemed to be replaced by a provision which comes closest in economic meaning to the provision found to be ineffective, invalid or unenforceable. 4. genetic balance® is entitled to transfer a contract or your rights and obligations from such a contract to third parties, taking into account the GenDG. 5. genetic balance® is authorized to contact the customer as part of marketing campaigns and to inform him about them. Contact can be made via e-mail, telephone, SMS, post or other modern communication media. At the customer's request, no further contact will be made for marketing purposes.
XII. Applicable law, place of jurisdiction, place of performance
1. These GTC and all contracts are subject to the law of the Federal Republic of Germany. 2. If the customer is a consumer, this choice of law only applies insofar as the guaranteed protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. 3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. 4. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.