General Terms and Conditions of Novogenia Marketing GmbH
This is a translation of the German original. In case of any discrepancy, the German version prevails (section 11(5)).
Structure: Part A (all customers) comprises sections 1–4, 6–9 and 11; Part B (additionally for consumers) comprises section 5 and the Annex; Part C (exclusively for businesses) comprises section 10.
(1) These General Terms and Conditions (GTC) apply to contracts with Novogenia Marketing GmbH for the purchase of products and for genetic analyses.
(2) Part A applies to all customers. Part B applies additionally to consumers within the meaning of § 1 KSchG (Austrian Consumer Protection Act). Part C applies exclusively to businesses, in particular sales and cooperation partners.
(3) Deviating terms and conditions of the customer apply only if Novogenia Marketing GmbH expressly agrees to them in writing.
(1) The customer's contracting party for the purchase of products (in particular sample collection kits, dietary supplements and cosmetics) and for non-medical genetic analyses is Novogenia Marketing GmbH, Strass 19, 5301 Eugendorf, Austria, FN 531162 x, Landesgericht Salzburg ("Novogenia Marketing").
(2) The laboratory analysis of the samples for non-medical analyses and for medical preventive analyses is carried out by Novogenia GmbH, Strass 19, 5301 Eugendorf, Austria, FN 323177 k, Landesgericht Salzburg ("Novogenia Laboratory"), on behalf of Novogenia Marketing. For non-medical analyses – for example regarding nutrition, metabolism, skin, sport and lifestyle – Novogenia GmbH also evaluates and interprets the laboratory data.
(3) Medical preventive analyses are genetic analyses for medical purposes within the meaning of § 65 Gentechnikgesetz (Austrian Gene Technology Act) or of the German Gendiagnostikgesetz (Genetic Diagnostics Act) which examine a genetic predisposition to diseases. They are expressly identified as a medical analysis in the respective service description. The laboratory analysis is carried out by Novogenia GmbH. The medical interpretation of the genetic data and the issuing of the medical findings are carried out exclusively by DNA Plus – Zentrum für Humangenetik GmbH, Georg-Wrede-Straße 13, 83395 Freilassing, Germany, HRB 19437, Amtsgericht Traunstein ("DNA Plus"). For this medical service, DNA Plus is the customer's contracting party.
(4) Diagnostic genetic analyses for hereditary diseases (for example Huntington's disease) are carried out neither by Novogenia GmbH nor by DNA Plus. These analyses are provided by the partner company HLN-Genetik GmbH, Ortliebgasse 25/1, 1170 Wien, Austria, FN 423951 h, Handelsgericht Wien, a clinical genetics laboratory of the Novogenia Group.
(5) Who is responsible in each case for the processing of personal and genetic data is governed by the data protection information on the genetic analysis, which is made available to the customer before the sample is sent in.
(1) By completing the ordering process (button "order with obligation to pay"), the customer submits a binding offer to conclude a contract for the goods and services in the shopping cart. The statutory right of withdrawal for consumers (section 5) remains unaffected by this.
(2) Novogenia Marketing may accept the offer within 7 working days by an order confirmation in text form (e.g. e-mail) or by delivering the goods. If no acceptance takes place, the customer is no longer bound by their offer.
(3) Processing is generally carried out by e-mail. The customer shall ensure that the e-mail address provided is correct and that e-mails can be received.
(1) By sending in a sample, the customer confirms that they are of legal age and that the sample originates from themselves or that they are authorised to send it in. For minors, only non-medical analyses are carried out, and only with the written consent of the persons having custody.
(2) Non-medical analyses provide information about genetic characteristics in connection with nutrition, metabolism, skin, sport and lifestyle. They do not constitute a diagnosis or medical advice and do not replace a medical examination.
(3) Medical preventive analyses are carried out only if the legally required information by a physician or genetic counselling has taken place before the analysis and the written consent of the person tested has been given (§ 69 GTG or §§ 8–10 GenDG). The medical findings are issued and the result is communicated by DNA Plus. Diagnostic analyses for hereditary diseases are provided by HLN-Genetik GmbH (section 2(4)).
(4) If a sample cannot be evaluated, the customer receives a new sample collection kit free of charge. If the customer waives a new sample, Novogenia Marketing refunds the price paid. If the customer is responsible for the sample not being evaluable (e.g. sample collection contrary to the instructions), a reimbursement in the amount of the costs actually incurred for the used kit and the laboratory analysis already carried out may be retained, but no more than €100 and no more than 30% of the purchase price.
(1) Consumers may withdraw from a contract concluded at a distance or off-premises within 14 days without giving any reason. For sales contracts, the period begins on the day on which the consumer or a third party designated by the consumer has received the goods; for services, it begins on the day the contract is concluded. Details are set out in the instructions on withdrawal, including the model withdrawal form, in the Annex (Annex I Parts A and B FAGG).
(2) There is no right of withdrawal for goods that are made to customer specifications or are clearly tailored to personal needs (§ 18(1) no. 3 FAGG). These are in particular dietary supplements and cosmetics that are compiled and manufactured on the basis of the customer's individual analysis results.
(3) There is no right of withdrawal for sealed goods which are not suitable for return due to health protection or hygiene reasons, if they were unsealed after delivery (§ 18(1) no. 5 FAGG), for example a sample collection kit whose sample tube has been opened or filled.
(4) In the case of services, in particular the genetic analysis, the right of withdrawal expires when the service has been fully performed after the consumer has expressly requested that performance begin before the end of the withdrawal period and has confirmed that they lose their right of withdrawal once the contract has been fully performed (§ 18(1) no. 1 FAGG). If the consumer withdraws after performance has begun but before it has been completed, the consumer pays the proportion of the service provided up to that point (§ 16 FAGG).
(5) For all other goods, e.g. non-personalised products, the right of withdrawal applies without restriction.
(1) The prices stated at the time of the order apply. Price changes apply only to orders received after the change. For ongoing contracts, section 7 applies.
(2) Unless stated otherwise, prices are gross prices including VAT; shipping costs are shown before the order is completed.
(3) If a direct debit is not honoured for reasons for which the customer is responsible (e.g. insufficient funds in the account, unjustified objection), the customer reimburses the bank charges actually incurred as a result.
(1) Consumers: Changes to these GTC or to the prices apply to existing contracts only if the consumer expressly agrees to them. In the case of ongoing contracts (e.g. subscriptions), Novogenia Marketing notifies intended changes in text form at least two months before they take effect. If the consumer does not agree, the previous terms continue to apply; both parties may terminate the contract as of the next termination date.
(2) Businesses (Part C): Novogenia Marketing may amend these GTC, prices and commission rates with effect for the future if there is an objective reason for doing so, such as a change in the legal situation, changed costs or a changed product range. Changes are notified by e-mail at least four weeks before they take effect. Until the changes take effect, the partner may terminate the contract extraordinarily as of that date. Orders already accepted and commission claims already accrued remain unaffected.
How personal and genetic data are processed in connection with the analysis, who is responsible for this and what rights the customer has is governed by the data protection information on the genetic analysis, which is made available to the customer before the sample is sent in. The previous principles – access to one's own data, purpose limitation, use for other purposes only with express written consent, deletion of the genetic data in the event of insolvency – are adopted there.
All goods are delivered by shipment to the delivery address provided by the customer.
If the respective transport company returns shipped goods to Novogenia Marketing GmbH because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment.
This does not apply to returns made in the exercise of a right of withdrawal or revocation.
Term of the agreement: Cooperation and sales partner agreements are concluded for an indefinite period; both contracting parties have the right to terminate this agreement by giving 4 weeks' notice to the end of any calendar month and thereby to dissolve the agreement upon expiry of the notice period. The right to extraordinary termination remains unaffected. Termination of the agreement does not affect commission claims that have already arisen. Post-contractual commission claims exist insofar as they are required by law or expressly agreed in the contract.
Project protection – B2B area: Our partners are active worldwide and, for your protection and also for the protection of other partners, we want to prevent internal conflicts from arising in the sale of the analyses. This is where project protection comes into play.
In this context, a project is defined as a company that permanently employs more than 200 employees. A corresponding project-specific written agreement is required for each individual project. You apply for project protection by e-mail to KeyAccount@novogenia.com. If there is no conflict, project protection is activated for 6 months. Project protection lapses automatically after 6 months. At that point, another partner or Novogenia itself may conclude business directly with this customer without prior consultation.
End customer protection: If end customers wish to change their sales partner (for whatever reason), this is possible at any time and without restriction. After such a change, end customers may cooperate with any other cooperation partner (including Novogenia GmbH).
Reseller protection: If registered resellers of the contracting partner (for whatever reason) end their cooperation with their contracting partner on their own initiative, there is in any case the possibility of also cooperating directly with Novogenia GmbH; in such cases, the cooperation partner of Novogenia GmbH is entitled, from that point in time, to receive a commission amounting to 10% of the net sales of genetic analyses and personalised add-on products generated by Novogenia GmbH with these contracting partners or distributors; however, this applies only if the switching and registered reseller was clearly and demonstrably actually registered with the contracting partner before registering with Novogenia; the burden of proof in this respect lies with the respective contracting or cooperation partner.
Commission entitlement: The commission entitlement of Novogenia's contracting partner exists per switching reseller in any case only up to a total turnover of €100,000.00; once this turnover limit has been reached, the contracting partner's commission entitlement lapses entirely.
Serious breaches of contract: In the event of proven serious breaches of contract, in particular if contracting partners use anti-competitive or criminally relevant measures in their business activities within the scope of the respective contractual agreement, Novogenia is entitled to terminate the contractual relationship for good cause with immediate effect and to assert claims for damages based on law. A mere suspicion does not automatically lead to the loss of commission claims that have already arisen. Statutory rights of recovery and set-off remain unaffected.
Creditor's default – refusal of acceptance: If (end) customers or other contracting partners refuse to accept delivered goods or products and these are therefore returned to Novogenia, Novogenia will try to contact these (end) customers or contracting partners by e-mail or telephone and, where appropriate, make a second delivery attempt. Returned goods are kept for at least 30 days and then destroyed (for logistical reasons); the payment obligation of the (end) customers or other contracting partners is in any case not affected by such creditor's default or default of acceptance.
(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules. With respect to consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence.
(2) Novogenia Marketing is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(3) The place of jurisdiction for businesses is Salzburg. For consumers, the statutory places of jurisdiction apply; for actions against consumers whose domicile, habitual residence or place of employment is in Austria, § 14 KSchG applies.
(4) If a provision is invalid, the remaining provisions remain valid. With respect to businesses, it is replaced by a valid provision that comes as close as possible to its economic purpose; with respect to consumers, the statutory rules apply.
(5) GTC of special platforms (e.g. NovoDaily) take precedence insofar as they deviate. In the event of discrepancies between language versions, the German version is authoritative.
As of: 14 October 2026
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you have ordered multiple goods in one order and they are delivered separately, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. In the case of a contract for regular delivery of goods during a defined period of time, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good. In the case of service contracts, in particular for the genetic analysis, the withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Novogenia Marketing GmbH, Strass 19, 5301 Eugendorf, Austria, telephone +43 662 262 102, e-mail service@novogenia.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us (Novogenia Marketing GmbH, Strass 19, 5301 Eugendorf, Austria) without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Exceptions to the right of withdrawal and its premature expiry are governed by section 5(2) to (4).
(complete and return this form only if you wish to withdraw from the contract)
(*) Delete as appropriate.