Terms & Conditions
GENERAL TERMS AND CONDITIONS
1.1. Biotrakr UG (haftungsbeschränkt), Röntgenstraße 6, 82362 Weilheim, Germany, (hereinafter referred to as the “Vendor”) runs a portal for healthcare services and goods at the Internet address www.flowgrade.de. For all orders placed by the customer (hereinafter referred to as the “Customer”) via the website in accordance with Section 13 of the German Civil Code (BGB) and for all deliveries and services provided by the Vendor, the following General Terms and Conditions applicable at the time of the order shall apply.
1.2. For the purpose of these General Terms and Conditions, the word “consumer” refers to any natural person who concludes a legal transaction for a purpose outside his or her trade, business or profession (Section 13, BGB).
1.3. Any other terms and conditions submitted by the Customer shall not be recognized unless the Vendor consents to their validity expressly and in writing.
2. Offers and descriptions of services
2.1. The representations of the goods and services shown in the online shop are intended solely as invitations to order, and do not constitute a legally binding offer. Descriptions of services in catalogs and on the Vendor’s website do not represent any form of assurance or guarantee.
2.2. All offers apply only “while stocks last” unless otherwise specified next to the goods or services in question. Furthermore, no liability shall be accepted for errors.
3. Order process and conclusion of a contract
3.1. The Customer can select goods and services from the range offered by the Vendor on a non-binding basis and add them to his or her “shopping basket” using the “Add to basket” button.
3.2. Having done so, the Customer can then proceed to the conclusion of the order process by pressing the “Continue to checkout” button in the “Shopping basket” screen.
3.3. By pressing the “Buy” button, the Customer submits a binding offer to purchase the goods and services in the shopping basket. The Customer can view and change his or her order data at any time before submitting the order. Fields for mandatory information are marked with an asterisk (*).
3.4. By clicking the “Buy” button, the Customer declares his or her consent for the test sets in the shopping basket/the associated examinations to be carried out. The services offered by the Vendor are preventive measures, and may not be covered by contract medical care programs. Please note that we cannot guarantee that the examinations will be reimbursed by private health insurers. As such, please contact your insurer to find out whether they will cover the services you require. The required medical laboratory examination services will be performed by the Vendor.
3.5. Once the Customer has submitted his or her order, the Vendor shall send him or her an automatic confirmation of receipt by e-mail. This confirmation shall list once more the details of the Customer’s order, and can be printed by the Customer using the “Print” function (order confirmation). The automatic order confirmation documents the fact that the Customer’s order has be received by the Vendor, and constitutes acceptance of the application. The contract comes into effect when the Vendor confirms the order.
4. Services and prices
4.1. All prices listed on the Vendor’s website are inclusive of VAT.
4.2. In addition to the listed prices, the Vendor reserves the right to claim shipping costs for delivery. The purchaser shall be notified clearly of the shipping costs on the shipping costs page and during the order process.
4.3. For some services, the Vendor shall send the Customer a sampling set once the contract has been concluded, for the purpose of taking a sample. In order to allow the Vendor to provide the agreed service, the Customer is obliged to take a sample from his or her body using this set and in accordance with the instructions, and to send said sample to the specified laboratory address using the envelope provided. The Customer shall bear the dispatch risk for the shipping of the sample.
4.4. If the Vendor does not receive a sample from the Customer within one month, the Vendor is entitled to withdraw from the contract.
4.5. The Vendor shall make the test results available to the Customer in electronic form in a user account on www.biotrakr.de that can only be accessed by the Customer. The Customer can also request for the Vendor to send him or her the test results via e-mail. In such cases, the Vendor shall bear the dispatch risk.
5. Provision of the service
5.1. If, for any reason, the service selected by the Customer is not available at the time of his or her order, the Vendor shall notify the Customer accordingly in the order confirmation. If the service is permanently unavailable, the Vendor shall refrain from issuing a declaration of acceptance. No contract will be concluded for such orders.
5.2. If the service listed by the Customer in his or her order is only temporarily unavailable, the Vendor shall likewise inform the Customer of this immediately in the order confirmation. If the provision of the service is delayed by more than two weeks, the Customer is entitled to withdraw from the contract. Furthermore, the Vendor is entitled in such cases to release itself from the contract. If this option is taken, the Vendor must reimburse the Customer without delay for any payments he or she has already made relating to the order. If advance payment is agreed upon for the order, the delivery shall take place once the due sum has been received.
6. Payment methods
6.1. During and prior to the completion of the order process, the Customer can choose from the available methods of payment.
6.2. If payment by invoice is possible, payment must be made within 30 days following receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without any deductions.
6.3. If third-party providers, such as PayPal, are enlisted to handle the payment process, then their General Terms and Conditions shall apply.
6.4. If the due date of the payment is defined according to the calendar, the Customer shall be in default if he or she fails to meet the deadline. In such cases, the Customer must pay default interest of 5 percentage points above the base rate.
6.5. The Customer’s obligation to pay default interest does not exempt him or her from further claims to default compensation that may be raised by the Vendor.
6.6. The Customer is only entitled to offset claims to the extent that his or her counterclaim has been legally established or acknowledged by us. The Customer is only entitled to assert a right to withhold to the extent that the claims result from the same contractual relationship.
7. Reservation of property rights
The supplied goods shall remain the property of the Vendor until paid in full.
8. Warranty and guarantee
8.1. The warranty shall be subject to the applicable legal provisions.
8.2. The goods delivered by the Vendor shall only be subject to a guarantee if such has been expressly provided.
9.1. The following exclusions and limitations of liability shall apply for the Vendor’s liability in case of claims for damages, irrespective of all other prerequisites for claims.
9.2. The Vendor assumes unlimited liability for damages arising as a result of intent or gross negligence.
9.3. Furthermore, the Vendor assumes liability for ordinarily negligent breaches of material contractual obligations, the breach of which endangers the achievement of the purpose of the contract, or the proper fulfillment of which constitutes a condition sine qua non, and on whose fulfillment the Customer regularly relies. In such cases, however, the Vendor shall only assume liability for foreseeable damages that are typical for this type of contract. The Vendor shall accept no liability for ordinarily negligent breaches of obligations other than those detailed in the clauses above.
9.4. The above limitations of liability shall not apply in case of loss of life, physical injury or damage to health, defects detected after the receipt of products covered by a quality guarantee or defects covered up with intent to deceive. Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
9.5. To the extent that the Vendor’s liability is excluded or limited, this shall also apply for the personal liability of employees, representatives and vicarious agents.
9.6. The laboratory diagnosis of the test can only be completed without any problems if the sample is taken and shipped in accordance with the specifications in the corresponding instructions. The Vendor shall assume no liability for faulty laboratory analysis resulting from incorrect handling or contamination.
9.7. The results of your test and the analysis thereof do not constitute a personal diagnosis. They contain general information on the way that biomarkers work and any disorders that may result from this, based on your data. If you require a personal diagnosis, we always recommend discussing the results we have provided with your doctor. Our results are intended solely as an initial indicator, not as a diagnosis!
9.8. We hereby expressly inform you that the scientific and medical information provided on our website does not purport to be comprehensive. Due to scientific research and development, medical knowledge is in a constant state of flux. Our authors and experts take every care to ensure that the scientific and medical information they provide is correct and presented in a form that is comprehensible to those outside the profession.
9.9. The information on products, therapies and methods of treatment provided on www.biotrakr.de and www.flowgrade.de does not constitute a recommendation for the purchase or use of the same. This information should never be used in lieu of professional consultation or treatment from qualified doctors. Under no circumstances should you begin, alter or cease a course of treatment without consulting a qualified medical professional, nor should you use the information provided by the Vendor for self-diagnosis. The Vendor cannot be held responsible in any way – either directly or indirectly – for damages or inconvenience arising from the use or misuse of the information provided.
10. Right of withdrawal
Policy on withdrawal by the consumer
The word “Consumer” refers to any natural person who concludes a legal transaction for a purpose predominantly outside his or her trade, business or profession.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reason. The deadline for withdrawals shall be calculated as fourteen days starting from the day on which you, or a third party nominated by you who is not the carrier, take/s possession of the goods. In order to exercise your right of withdrawal, you must inform us (Biotrakr UG (haftungsbeschränkt), Röntgenstraße 6, 82362 Weilheim, Germany, phone: +49 881 92489-0, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by mail, an e-mail or an oral statement over the telephone). You can do this using the enclosed withdrawal form template. In order for your right of withdrawal to be honored, it is sufficient for your notice of withdrawal to be sent off before the withdrawal deadline.
Consequences of withdrawal
If you withdraw from this contract, we are obliged to reimburse to you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from you potentially using a type of delivery other than the cheapest, standard form of delivery offered by us) without delay and, at the latest, within fourteen days starting from the day on which we receive the notification of your withdrawal from this contract. Unless expressly agreed otherwise following consultation with you, we shall reimburse this sum using the same method of payment as was used by you for the original transaction; you shall not under any circumstances be charged for this reimbursement. We hereby reserve the right to withhold your repayment until we have received the returned goods or until you provide evidence that you have returned the goods, whichever is the earliest. You must either return or hand over the goods to us without delay, or at the latest within fourteen days from the day on which you inform us of your withdrawal from this contract. This deadline shall be deemed to have been honored if you have sent off the goods before the fourteen-day deadline.
You are responsible for bearing the direct costs of returning the goods.
You shall not be required to answer for any devaluation of the goods unless said devaluation is the result of handling other than that which is necessary to ascertain the quality, properties and functionality of the goods.
Exclusion/premature lapse of the right of withdrawal
The right of withdrawal does not apply to contracts:
- For the delivery of goods that are not prefabricated and whose manufacture is the direct result of an individual choice or decision on the part of the consumer, or that are clearly tailored to the personal needs of the consumer
- For the delivery of goods that can spoil quickly or that would quickly reach their expiry date
- For the delivery of alcoholic drinks whose price was agreed upon the conclusion of the contract but can only be delivered 30 days following the conclusion of the contract at the earliest, and whose current value is subject to fluctuations in the market over which the Contractor has no influence
- For the delivery of newspapers or magazines, with the exception of subscription contracts
The right of withdrawal shall lapse prematurely for contracts:
- For the delivery of sealed goods that are not suitable for return for reasons of hygiene or preservation of health, and whose seal has been removed after delivery
- For the delivery of goods that, due to their nature, are inseparably mixed with other goods following delivery
- For the delivery of audio or video recordings or computer software in sealed packages whose seal has been removed after delivery
Since the changes to the guidelines for the right of withdrawal came into effect in June 2014, there has been no separate right of return. Instead, there is now simply a single, universal right of withdrawal. The conditions detailed in this “Returns” section do not constitute prerequisites for effectively exercising the right of withdrawal as per the “Policy on withdrawal by the consumer” section. Customers are requested to notify the Vendor (e-mail: email@example.com) in advance before returning products. This will enable the Vendor to locate said products as quickly as possible on their arrival.
Customers are requested to return the goods as a prepaid parcel and retain the mailing receipt. The Vendor shall reimburse the Customer for the shipping costs on request, unless they are to be borne by the purchaser. Customers are requested to avoid damaging or contaminating the goods. Wherever possible, the goods should be returned to the Vendor in their original packaging together with all associated accessories. If the original packaging is no longer in the purchaser’s possession, another suitable form of packaging should be used in order to provide sufficient protection against transport damage and avoid the risk of claims being brought due to damages resulting from insufficient packaging.
12. Saving the text of the contract
12.1. The Vendor shall save the contract text for the order. The General Terms and Conditions can be viewed online. The Customer can print out the text of the contract before submitting the order to the Vendor by using the “Print” function in his or her browser during the last step of the order.
12.2. The Vendor shall also send an order confirmation containing all the order data to the e-mail address provided by the Customer. The Customer will also receive a copy of the General Terms and Conditions with his or her order.
13. Notices on data handling
13.1. The Vendor processes Customers’ personal data for the intended purpose and according to the statutory provisions.
13.2. The personal data provided for the purpose of the order (e.g. name, e-mail address, postal address, and payment data) will be used by the Vendor for the purpose of fulfilling and executing the contract. This data will be treated as confidential and not passed on to any third parties who are not involved in the order, delivery or payment processes.
13.3. Upon request, the Customer has the right to receive information free of charge regarding the personal data pertaining to his or her person that has been saved by the Vendor. Furthermore, the Customer has the right to correct his or her personal data if incorrect or to lock or delete it, providing said data is not subject to a legal obligation to retain data.
13.4. Further information on the type, scope, place of execution and purpose of the collection, processing and use of the necessary personal data by the Vendor can be found in the data privacy statement.
13.5. The Customer hereby confirms that the samples he or she sends in for examination are taken from his or her own body. By concluding this contract, the Customer consents to the examination of his or her samples and the transfer of his or her test results.
14. Place of jurisdiction, applicable law, contract language
14.1. The place of jurisdiction and fulfillment shall be the location of the Vendor’s headquarters if the ordering party is a businessperson, legal entity or special fund under public law.
14.2. These conditions are subject to the law of the Federal Republic of Germany. This does not apply if mandatory consumer protection regulations prevent such use.
14.3. The contract language is German.
15. Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR). This platform can be found at http://ec.europa.eu/consumers/odr/