General Terms and Conditions of Novogenia Marketing GmbH

1. Scope
These General Terms and Conditions (GTC) of Novogenia Marketing GmbH apply to all contracts concluded between consumers or businesses and Novogenia Marketing GmbH, regardless of the method of conclusion.

By placing an order (see Section 3 of the GTC), these GTC are deemed acknowledged and expressly agreed upon, excluding any other GTC from customers (consumers and businesses).

2. Services of Novogenia Marketing GmbH
Novogenia Marketing GmbH markets DNA tests, supplements, cosmetics, test kits, and other products (demo products, reports, packaging, etc.).

The exact scope of services is detailed in the respective service descriptions on various websites or specific offers of Novogenia Marketing GmbH.

3. Contract Conclusion
All services of Novogenia Marketing GmbH can be ordered directly on the company’s websites or through written orders using pre-printed order forms.

For online orders, completing the order process (“Buy”) constitutes a legally binding contract offer for the items in the shopping cart, which cannot be revoked.

Novogenia Marketing GmbH can accept this offer by:

• Sending an order confirmation to the customer in text form (e.g., via email) within seven business days, or
• Delivering the ordered goods to the customer, or
• Commencing the analysis of received DNA samples.

If Novogenia Marketing GmbH does not accept the customer’s offer within seven business days in one of the forms mentioned above, the offer is considered rejected.

Order processing generally takes place via email and automated systems; the customer must ensure that the email address provided for order processing is accurate and capable of receiving emails at any time.

4. DNA Test Kits
By submitting a DNA sample for testing, the customer explicitly 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 DNA analysis with appropriate specialists (Austria: §§ 65, 69 Gene Technology Act; Germany: §§ 5–7 Genetic Diagnostics Act) before ordering and will undergo any follow-up consultations after receiving the analysis.
• That the analysis of the samples will be conducted by DNA Plus – Zentrum für Humangenetik GmbH, Georg Wrede Straße 13, D-83395 Freilassing, HRB 19437, Tax ID: 163/124/50295, VAT ID: DE267251566, and this company is accepted as the customer’s contracting party.

Companies and their representatives commit to making the above declaration binding for their respective customers and explicitly declare that they have verified these requirements.

If a customer’s DNA sample cannot be analyzed for any reason, they will receive a replacement DNA kit free of charge to submit a new sample. If the customer opts not to send another sample, Novogenia Marketing GmbH is entitled to charge 30% of the actual analysis costs or the original order price or deduct this amount from prepaid amounts before refunding.

5. Right of Withdrawal
For all services based on DNA analysis and personalized production (§ 18(1) Z 3 FAGG), no right of withdrawal exists under § 11 FAGG or the EU Directive 2011/83/EU of the European Parliament and Council dated October 25, 2011.

6. Prices and Payment Terms
All services of Novogenia Marketing GmbH are subject to charges; the applicable fees and payment terms are outlined in the respective service descriptions or offers.

Unless otherwise stated in the product descriptions, the prices are gross prices; additional shipping costs are displayed on the respective websites.

All prices are “daily prices” and are subject to change, especially in the event of increased production-related costs.

Customers can choose from payment methods including immediate bank transfer and credit card payments. In some cases, Klarna, PayPal, or direct debit may also be available.

For direct debit payments that cannot be processed due to insufficient funds or withdrawal/objection, Novogenia Marketing GmbH or DNA Plus – Zentrum für Humangenetik GmbH reserves the right to charge a processing fee of €35.00.

7. Delivery and Shipping Terms
All goods are delivered to the address provided by the customer.

If goods cannot be delivered and are returned to Novogenia Marketing GmbH, the customer bears the cost of unsuccessful shipping, except in cases where the return is due to a withdrawal or cancellation right.

8. Data Protection
Novogenia Marketing GmbH and DNA Plus – Zentrum für Humangenetik GmbH will keep all data obtained from genetic analysis confidential, adhering to the following principles:

• The customer may request access to all personal data concerning them.
• Unexpected results of immediate clinical significance or those explicitly requested by the customer will be disclosed unless the customer specifies they only wish to be informed of specific results.
• Communication of unexpected results should be handled in a way that does not cause undue concern.
• Genetic variations with insufficient scientific documentation or unclear clinical impact at the time of analysis will not be disclosed.
• Non-anonymized data will only be used for purposes other than those originally collected with the explicit written consent of the customer.

Data may be shared with partner companies within the EU to fulfill the contract. These companies will only receive the necessary data for their services and are contractually obligated to use the data solely for these purposes.

9. Provisions for All Contractual Partners

• Term of Agreement: Agreements are concluded for an indefinite period. Either party may terminate the agreement with four weeks’ notice to the end of a calendar month. Extraordinary termination rights remain unaffected. Upon termination, all commission or other claims end.
• Unilateral Changes: Novogenia GmbH or Novogenia Marketing GmbH may unilaterally amend agreements or GTC, notifying partners via email or newsletter. Partners not subscribed to updates must check the website for current GTC.
• Project Protection (B2B): Project-specific agreements are required for businesses with more than 200 employees. A six-month project protection period applies unless renewed.
• End Customer Protection: End customers may switch partners freely and cooperate with any partner or Novogenia GmbH.
• Reseller Protection: Resellers leaving their partnership may directly collaborate with Novogenia GmbH. The original partner retains a 10% commission on net sales up to €100,000 for genetics services and personalized products.

10. General Provisions
Austrian law applies exclusively, excluding referral norms and international sales laws.
Disputes are subject to the jurisdiction of the competent courts in Salzburg, Austria.
Invalid clauses are replaced with economically similar terms without affecting the validity of the remaining provisions.
The German version of the GTC takes precedence over the English version in case of disputes or interpretation issues.

As of November 2024