Terms and Conditions
General Terms and Conditions of Novogenia GmbH
Scope
These general terms and conditions (AGB) of Novogenia GmbH apply to all contracts concluded between consumers or entrepreneurs with Novogenia GmbH, in whatever way they may be concluded.
With the placement of an order (point 3 of the GTC), these GTC apply, excluding all other GTC of customers (consumers and companies), as acknowledged and expressly agreed upon.
Services of Novogenia GmbH
Novogenia GmbH distributes DNA tests, supplements, cosmetics, test kits, and other products (demo products, reports, packaging, etc.). The exact scope of services can be found in the respective service descriptions on the various websites or in the respective offers of Novogenia GmbH.
Conclusion of Contract
All services of Novogenia GmbH can be ordered directly on the websites of Novogenia GmbH or by means of written orders on pre-printed order forms.
In the case of online orders, a legally binding contract offer regarding the goods in the respective shopping cart is made by completing the ordering process ("Buy") and cannot be revoked.
Novogenia GmbH may accept these offers by:
- sending the customer a written order confirmation (e.g., email) within 7 working days, or
- delivering the ordered goods to the customer
- or actually starting the analysis of received DNA samples.
If Novogenia GmbH does not accept the customer's offer within 7 working days in one of the forms mentioned above, this shall be deemed as a rejection of the offer.
Order processing usually takes place via email and automated processes; the customer must ensure that the email address provided for order processing is correct and that emails can be received at this address at any time.
DNA Test Kits
By submitting a DNA sample for testing, the respective customer expressly declares:
- that they are at least 18 years old
- that they have read and understood all relevant agreements and information
- that they have undergone the consultations required for the conduct of DNA analyses by relevant medical specialists (A: §§ 65, 69 Genetic Engineering Act; D: §§ 5 - 7 Genetic Diagnostics Act) before placing the order and, after the analysis results are available, will undergo any subsequent consultations if necessary that the analysis of the samples is carried out by DNA Plus - Zentrum für Humangenetik GmbH, Georg Wrede Straße 13, D-83395 Freilassing, HRB 19437, Tax number: 163/124/50295, UID number DE267251566 and that this company is considered and accepted as the contracting partner of the customer.
Companies or their responsible representatives undertake to make the above declaration legally binding for their respective customers or expressly declare that they have verified the corresponding requirements.
If the testing of the customer's DNA sample is not possible for any reason, the customer will receive a new DNA kit free of charge so that the customer can submit a new DNA sample. If the customer waives the submission of another sample, Novogenia GmbH is entitled to invoice 30% of the actual analysis costs or the original price of the order, or to deduct this amount from already paid amounts (before their reimbursement).
Right of Withdrawal
There is no right of withdrawal under § 11 FAGG or right of rescission under Art. 11 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights for all services based on a DNA analysis and produced in a personalized manner (§ 18(1) Z 3 FAGG).
Prices and Payment Conditions
All services of Novogenia GmbH are subject to a fee; the amount of the remuneration and the respective payment modalities can be found in the respective service descriptions or offers.
Unless otherwise stated in the product descriptions of Novogenia GmbH, the prices quoted are gross prices; separately incurred postage and shipping costs are visible on the respective websites.
All prices are "daily prices" and therefore subject to change without notice; this applies in particular in the event of an increase in the costs associated with the production of the products of Novogenia GmbH.
Customers have at least the payment options of Sofortüberweisung (instant bank transfer) and credit card payments available; in individual cases or on special platforms, payment can also be made via KLARNA, PayPal, or by direct debit.
For direct debits that cannot be honored due to insufficient funds or revocation / objection, Novogenia GmbH or DNA Plus - Zentrum für Humangenetik GmbH is entitled to charge a processing fee of €35.00.
Delivery and Shipping Conditions
All goods are delivered to the delivery address specified by the customers.
If the respective transport company returns shipped goods to Novogenia GmbH because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping.
Exceptions to this are returns made in exercise of a right of withdrawal or rescission.
Data Protection
Novogenia GmbH and DNA Plus - Zentrum für Humangenetik GmbH will keep the data obtained from the genetic analysis confidential and will observe the following provisions in particular:
Upon request, the customer as the tested person must be granted access to all data concerning them.
The tested person must be informed of unexpected results that are of immediate clinical significance or that they explicitly inquire about, unless there is an explicit wish only to be informed about specific results.
This communication, especially if the tested person did not ask for it, must be designed not to be disturbing to the tested person. Gene variations that were not sufficiently scientifically documented at the time of the analysis and whose clinical impact cannot therefore be clearly interpreted will not be communicated to the customer.
Data in unanonymized 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 tested person. Novogenia GmbH and DNA Plus - Zentrum für Humangenetik GmbH transmit personal data to partner companies in Austria and other EU member states to fulfill contracts with customers.
These companies only receive the data necessary to provide the respective service. These companies have contractually agreed that the transmitted data may only be processed or used for the purpose for which it was transmitted.
All data is protected against unauthorized access in an appropriate manner.
General Provisions
Austrian law is agreed upon exclusively, to the exclusion of all reference norms and laws on international purchases.
The EU Commission provides an online dispute resolution platform on the Internet under the following link:Online Dispute Resolution | European Commission
Novogenia GmbH is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
For any disputes, if legally permissible, the local jurisdiction of the competent courts of the City of Salzburg, Austria, is agreed upon exclusively. If any of the above conditions are invalid, this does not affect the validity of the other provisions; a condition that economically approximates the invalid condition shall replace the invalid condition.
Terms and conditions on special platforms of Novogenia GmbH (such as products on the "NovoDaily" platform) have priority over these terms and conditions insofar as they are not compatible with the content of these terms and conditions. As of September 2023