- Scope of Application
These General Terms and Conditions (AGB) of Novogenia Marketing GmbH apply to all contracts concluded between consumers or entrepreneurs and Novogenia Marketing GmbH, regardless of the manner in which they are concluded.
By placing an order (Section 3 of the AGB), these AGB are considered acknowledged and expressly agreed upon, excluding all other terms and conditions of customers (consumers and businesses).
Services of Novogenia Marketing GmbH
Novogenia Marketing GmbH provides services related to DNA tests, supplements, cosmetics, test kits, and other products (demo products, reports, packaging, etc.). The specific details of the services are outlined in the respective descriptions on the various websites or in the specific offers of Novogenia Marketing GmbH.
2. Conclusion of Contract
All services of Novogenia Marketing GmbH can be ordered directly on the Novogenia Marketing GmbH websites or through written orders on pre-printed order forms.
In the case of online orders, a legally binding contract offer regarding the items in the respective shopping cart is made upon completion of the ordering process (“Buy Now”), which cannot be revoked.
Novogenia Marketing GmbH can accept these offers by:
Sending a written order confirmation (e.g., email) to the customer within 7 working days
Delivering the ordered goods to the customer
Commencing the analysis of received DNA samples
If Novogenia Marketing GmbH does not accept the customer’s offer within 7 working days in any of the mentioned forms, it is considered a rejection of the offer.
Order processing typically occurs via email and automated processes; the customer must ensure that the email address provided for order processing is correct and can receive emails at any time.
3. DNA Test Kits
By submitting a DNA sample for testing, the customer explicitly declares:
They are at least 18 years old.
They have read and understood all relevant agreements and information.
They have undergone the required consultations by appropriate specialists for DNA analyses (A: §§ 65, 69 Genetic Engineering Act; D: §§ 5 – 7 Genetic Diagnostics Act) before placing the order and may undergo subsequent counseling after receiving the analysis.
The analysis of samples is carried out by DNA Plus – Center for Human Genetics GmbH, Georg Wrede Straße 13, D-83395 Freilassing, HRB 19437, tax number: 163/124/50295, VAT ID DE267251566, and this company is accepted as the contractual partner of the customer.
Companies or their responsible representatives commit to making the above declaration legally binding for their respective customers or expressly state that they have verified the corresponding requirements.
If testing the customer’s DNA sample is not possible for any reason, the customer will receive a new DNA kit for free to submit a new DNA sample. If the customer chooses not to submit another sample, Novogenia Marketing GmbH is entitled to invoice 30% of the actual analysis costs or the original order price and deduct it from already paid amounts (before their refund).
4. Right of Withdrawal
For all services based on DNA analysis and personalized production (§ 18(1) Z 3 FAGG), there is no right of withdrawal according to § 11 FAGG or right of revocation according to Article 11 of Directive 2011/83/EU of the European Parliament and of the Council of 25.10.2011 on consumer rights.
5. Prices and Payment Conditions
All services of Novogenia Marketing GmbH are subject to charges; the amount of remuneration and the respective payment modalities are specified in the service descriptions or offers.
Unless otherwise stated in the product descriptions of Novogenia Marketing 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 at any time, especially in the event of an increase in the costs associated with the production of Novogenia Marketing GmbH products.
Customers have at least Sofortüberweisung and credit card payments as payment options; 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/dispute, Novogenia Marketing GmbH or DNA Plus – Center for Human Genetics GmbH is entitled to charge a processing fee of €35.00.
6. Delivery and Shipping Conditions
All goods are delivered to the customer’s specified delivery address.
If the respective shipping company returns shipped goods to Novogenia Marketing GmbH because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
Returns made in exercise of the right of withdrawal or revocation are exempt from this.
7. Data Protection
Novogenia Marketing GmbH and DNA Plus – Center for Human Genetics GmbH will keep the data obtained during genetic analysis confidential and adhere to the following provisions:
Upon request, the customer as the examined person must be granted access to all data concerning them.
Unexpected results of immediate clinical significance or those expressly requested must be communicated to the examined person, unless there is an explicit wish to be informed only about a specific result.
Communication of such results should be designed not to be disturbing if the examined person has not specifically asked for it.
Gene variations that were not sufficiently scientifically documented at the time of the analysis, and whose clinical impact cannot be clearly interpreted, will not be communicated to the customer.
Data in non-anonymized form may only be used for purposes other than those for which they were originally collected with the explicit and written consent of the examined person. Novogenia Marketing GmbH and DNA Plus – Center for Human Genetics GmbH transmit personal data to partner companies in Austria and other EU member states to fulfill the contract with customers. These companies only receive data necessary to provide the respective service. These companies are contractually obligated to process or use the transmitted data only for the purpose for which it was sent.
All data is protected against unauthorized access.
8. General Provisions
Austrian law is exclusively agreed upon, excluding all referral norms and laws on international purchases.
The European Commission provides an online dispute resolution platform at the following link: https://ec.europa/consumers/odr
Novogenia Marketing 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 exclusive local jurisdiction of the competent courts of the city of Salzburg, Austria, is agreed upon.
If any of the above conditions are ineffective, the validity of the other provisions remains unaffected; a provision that economically corresponds as closely as possible to the ineffective condition replaces the ineffective condition.
AGB on specific platforms of Novogenia Marketing GmbH (such as products on the “NovoDaily” platform) take precedence over these AGB to the extent that they are incompatible with the content of these AGB.
As of September 2023.