general Terms and conditions .

Last updated: 31 August 2020

Please note: This is a translation of the content of the German "Allgemeine Geschäftsbedingungen (AGB)", which are the legally correct General Terms and Condition for Germany. Click here to read the original text.


1 Validity
1.1 The business relations between Adversis Pharma GmbH and the customer shall be governed exclusively by the following General Terms and Conditions.
1.2 Adversis Pharma GmbH does not recognize any conditions that conflict with or deviate from these General Terms and Conditions and hereby expressly objects to them. Other General Terms and Conditions of Business are thus only effective if Adversis Pharma GmbH has expressly confirmed and recognized them.

2 Conclusion of the contract

2.1 The contract is concluded upon receipt of the sample material or the signed contract document by Adversis Pharma GmbH, or by placing an order in the online store (at aproof-corona.de - by clicking on the "Buy Now" button).
2.2 Orders are only binding after oral or written order confirmation by Adversis Pharma GmbH.
2.3 Delivery periods and dates - both for delivery of the goods and for laboratory analyses - shall only be deemed binding if they have been assured in writing.
2.4 Unless otherwise agreed, laboratory analysis shall commence immediately upon sending samples to Adversis Pharma GmbH. The right of revocation shall expire upon sending in samples.

3 Prices, terms of payment and delivery times
3.1 All prices are - unless otherwise indicated - gross prices including the value added tax applicable in Germany.
3.2 Invoices are due and payable without deduction within a period of 10 days after receipt. In case of default of payment, the legal regulations shall apply. In the case of advance payment, Adversis Pharma GmbH will only carry out the analysis or the order after the purchase price has been credited to the account of Adversis Pharma.

4 Collecting samples and sample material

The customer declares to compensate Adversis Pharma GmbH for all loss or damage and to indemnify Adversis Pharma GmbH against all claims for damages by third parties brought against Adversis Pharma GmbH based on the fact that the customer has provided samples that he did not receive in a legal manner.

5 Analysis and notification of the test results

5.1 As far as sampling is not supervised by Adversis Pharma, Adversis Pharma GmbH shall refer to the data provided for this purpose.
5.2 Verbal information and explanations of results by representatives of Adversis Pharma GmbH shall not be binding.
5.3 Adversis Pharma GmbH shall begin the commissioned analysis immediately after receiving the sample material or, in the case of payment in advance, after receipt of payment and samples. The test results, which may be presented in a simplified form, shall be made available to the customer in electronic form on an Internet page accessible exclusively to the customer. In addition, the customer may request the analysis results from Adversis Pharma GmbH in writing or by fax.
5.4 Submitted sample material shall become property of Adversis Pharma GmbH. Adversis Pharma GmbH shall destroy the sample material sent in immediately after completion of the analysis or an order.

6 Warranty and liability

6.1 The correct taking of samples shall be the sole responsibility of the customer and shall be carried out at his expense in accordance with the respective legal and contractual regulations. Adversis Pharma GmbH shall not be liable for the usability of the samples submitted or the result resulting therefrom.
6.2 The doctor taking the samples or a competent witness are performing agents of the customer or the test persons. Adversis Pharma GmbH reserves the right to accept or reject them.
6.3 The risk of damage to or loss of the sample in transit from the customer to Adversis Pharma GmbH shall be borne by the customer.
6.4 Adversis Pharma GmbH guarantees careful execution of the analysis assigned to it in accordance with the current state of science and technology. Due to the complexity of the analyses, the accuracy of the results cannot be guaranteed in every case.
6.5 If the analysis is defective for reasons for which Adversis Pharma GmbH is responsible, Adversis Pharma GmbH is entitled to carry out a further test at its own expense. If necessary, the customer will provide further sample material for this test.

6.6 If Adversis Pharma GmbH was unable to carry out the further analysis for reasons for which it is responsible, or if the customer has unsuccessfully set Adversis Pharma GmbH a reasonable period of grace for rectification of the analysis in the event of default, the customer may reduce the price or withdraw from the contract.
6.7 If, on the basis of official or court orders and decrees, legal provisions or guidelines or similar, changes are made to the agreed service or the agreed method of conducting the analysis, claims for performance and damages on the part of the customer shall be excluded.
6.8 The contract exists exclusively between Adversis Pharma GmbH and the customer. The contract does not develop any protective effect in favor of third parties unless this is expressly agreed between Adversis Pharma GmbH and the customer.
6.9 Adversis Pharma GmbH's liability for damage to the customer is limited to intent and gross negligence on the part of Adversis Pharma GmbH or its representatives or persons employed in performing its obligations. This does not apply to damage due to injury to life, body or health.

7. Right of cancellation for internet orders

You can revoke your contractual declaration within two weeks without stating reasons in text form (e.g. letter, fax, email) or - if the sampling kit is handed over to you before the deadline - by returning the kit.  The time limit begins after receiving this instruction in text form, but not before the conclusion of the contract and also not before we have fulfilled our obligations according to Art. 312e para. 1, sentence 1 BGB (German Civil Code) in conjunction with Art. 3 BGB Info-V (Regulation on the Duty to Inform). The timely dispatch of the revocation or the sampling kit is sufficient to comply with the revocation period. The revocation has to be addressed to:
 

Adversis Pharma GmbH      Telephone: +49 341 697 678 20
Deutscher Platz 5               Fax:      +49 341 697 678 29
04103 Leipzig                     Email:  This email address is being protected from spambots. You need JavaScript enabled to view it.

Germany


Consequences of the cancellation

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived must be surrendered. If you are unable to return the received goods or services in whole or in part or only in a deteriorated condition, you may be required to pay compensation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the withdrawal set, for us with its receipt. In the case of the agreed service, your right of cancellation shall expire prematurely if Adversis Pharma GmbH has begun to perform the analysis with your express consent before the end of the cancellation period or if you have arranged for this yourself. For the cancellation of orders, samples or payments already sent in, Adversis Pharma GmbH will charge a lump sum of 25.00 EUR incl. VAT.

8 Privacy Policy

All personal data will be treated confidentially. Personal data will be stored in compliance with the Federal Data Protection Act, the Genetic Diagnostics Act and the Telemedia Act within the framework of the business relations.
9 Protection of intellectual property

The reports, calculations and statements prepared by Adversis Pharma GmbH within the framework of the contract may be used by the customer for his own purposes only and may be published only with the written consent of Adversis Pharma GmbH.

10 Applicable law, place of performance and place of jurisdiction

German law shall apply to the exclusion of the UN Sales Convention. The place of performance for all obligations to be fulfilled from the contractual relationship is Leipzig (Germany). Place of jurisdiction for all disputes is - as far as permissible - Leipzig (Germany).
11 Partial invalidity
Should any provision of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract. The parties shall find a provision which comes as close as possible to the invalid or unenforceable provision in economic terms.