- General Terms and Conditions
General Terms and Conditions
§ 1 General
Verisana GmbH, Gustav-Mahler-Platz 1, 20354 Hamburg, Germany, email@example.com operates the website www.verisana.co.uk, an internet portal for laboratory services. All orders placed as a customer via the website, as well as our deliveries and services, are subject to the following terms and conditions governing the products and/or services that were applicable at the time of the order. We do not approve any other of the customer unless we expressly agreed to their validity in writing.
§ 2 Conclusion of contract
2.1 The presentation of the products in the online shop does not constitute a binding offer, but rather a non-binding online catalogue. By clicking the button “send order” you submit a legally binding offer of the products in the shopping basket. The confirmation of the receipt of your order and the simultaneous acceptance of the order are sent by automated e-mail immediately after the submission. With this e-mail the contract is concluded.
2.2 Should our order confirmation contain typing errors or misprints or should our pricingbe based on technical transmission errors, we have the right to declare the contract void. Whereby we are obligated to provide proof of our error. Payments that have already been made under these circumstances will be reimbursed immediately.
2.3 The statutory warranty legislation applies.
2.4 We reserve the right to refuse an offer on your part, without indicating any reason. Particularly if we have any reason to suspect that the merchandise purchased via our website is to be sold commercially to third parties.
2.5 We do not sell any products to underage persons, as long as the product was not ordered by the legal representative.
§ 3 Storage of the contract
We store the order details needed for the processing of the order. If you should wish for a printout of your order it is possible to print the order confirmation. The according link appears after sending the order to us using the “complete order” button. Furthermore, you will automatically receive an order confirmation with all the stated data per e-mail, which can also be printed.
§ 4 Delivery and dispatch
4.1 We process and dispatch orders during our general business hours, which are from Monday to Friday from 08:30 to 16:00 (apart from German public holidays).
4.2 The delivery to countries where delivery is possible is carried out by the Deutsche Post. In this matter, we bear the delivery risk.
4.3 We reserve the right to withdraw from the contract should the delivery of the product fail after three attempts. Under the circumstances, payments that have already been made will be refunded immediately.
4.4 Should the ordered product not be available because our delivery contractors cannot re-deliver this product without it being at our own liability, then we can withdraw from the contract. Under these circumstances, you will of course be informed from us immediately, and if possible, offered the delivery of a similar product. If there is no existing alternative or if you do not wish for a similar product, we may reimburse any type of payment already provided by the customer. In the case that not all of the products ordered are available, then we have the right to make partial shipments at our costs, provided that this is reasonable for the customer. Shipping costs are only charged once if an order is delivered in several parts.
4.5 Deliveries are only possible to delivery addresses in Germany, Austria and Switzerland and UK. The delivery costs for UK are included in the price.
§ 5 Payment and deferred payment
5.1 All prices indicated on our website are represented in pound, including VAT and delivery costs.
5.2 Please note that at the time of the visit to the website from the customer, the products presented on www.verisana.co.uk may not be available or no longer obtainable and respective prices may have changed.
5.3 You can pay for your purchase by Paypal and credit card. All payments, including credits for deliveries to all countries where delivery is possible, are invoiced in £.
5.4 If your payments are overdue, during the delay we will charge you 5% more interest than the basic interest on the purchase price. We reserve the right to prove higher damages and to enforce them.
5.5 The right to offset is only attainable when the counterclaims are deemed legally valid or undisputed, or if they are acknowledged by us in written form.
5.6 A right to retain and a right to refuse services on the customers side are excluded from commercial commerce.
5.7 Until the full payment has been made, the products and services remain the property of Verisana.
§ 6 Transport damage
6.1 Should products which are delivered to you be obviously damaged, please file a complaint for such mistakes and contact us as soon as possible under firstname.lastname@example.org.
6.2 Failure to file a complaint or to contact us does not have any influence on your statutory warranty rights. You will, however, help us file our own claims against the carrier or transport insurance company.
§ 7a Right to withdraw from services
7a. 1 Customers have a fourteen day long withdrawal right.
You can withdraw from the contract within 14 days in text form (e.g. letter, fax, e-mail) without stating any reasons. The time limit shall commence following receipt of this notification in text form, but not prior to conclusion of the contract and also not before the fulfillment of the obligation to inform. The timely dispatch of the withdrawal is sufficient for compliance with the withdrawal period. The withdrawal is to be directed to email@example.com.
Consequences of withdrawal
In the case of an effective withdrawal the mutually received payments must be refunded, and uses made thereof (e.g. interest) must be disbursed. In case you are unable to reimburse us, partially or only in bad condition for the services received (e.g advantages of use), you are required to offer a compensation of equal value. This can lead to you having to fulfill your contractual payment obligations for the period until the withdrawal was made. Obligations to reimburse payments must be met within 30 days. This time period begins for you with the posting of your withdrawal, for us with the reception of it.
- End of withdrawal rights -
Your right of withdrawal will expire prematurely if the contract has been completely fulfilled, before you applied your right of withdrawal.
7a. 2 The right of withdrawal is not valid for distance selling contracts
- regarding the provision of betting and lottery services, unless the customer gave a contractual statement over the telephone.
- that involve the delivery of products or the provision of financial services, of which the prices are subject to fluctuations on the financial market, over which the company has no influence, and which can occur during the withdrawal period; in particular services associated with shares or loan certificates that are issued by an investment company or foreign investment company, and other marketable securities, currencies, derivatives or money market instruments or
- regarding the provision of telecommunication-based services, at the request of the consumer, directly per telephone or telefax, with a single call or fax, provided it does not concern financial services.
§ 7b Right to withdraw for products
7b. 1 Customers have a fourteen day long withdrawal right.
You can withdraw from the contract without stating a reason within 14 days in text form (e.g. letter, fax, e-mail) or – if you have received the merchandise prior to expiry of the time limit – you may also withdraw by returning the merchandise. The time limit shall commence following receipt of this notification in text form, but not before the goods are received by the recipient (if similar products are being delivered on a recurring basis, then not before receipt of the first part of the delivery) and also not before the fulfillment of the obligation to inform. The timely dispatch of the withdrawal is sufficient for compliance with the withdrawal period. The withdrawal is to be directed to firstname.lastname@example.org.
Consequences of withdrawal
In the case of an effective withdrawal the mutually received payments must be refunded, and uses made thereof (e.g. interest) must be disbursed. In case you are unable to reimburse us, partially or only in bad condition for the services received (e.g advantages of use), you are required to offer a compensation of equal value. This only applies as long as the use or deterioration is due to the handling of the merchandise which exceeds the test of the characteristics and functionality of the merchandise. The characteristics and functionality test refers to the testing and of the merchandise as is usual and possible in a shop. Goods consignable by parcel shipment may be returned at our risk. You must bear the costs of the return shipment as long the the delivered merchandise correspond to the order and as long as the product to be returned does not exceed an amount of 40 Euros, or if, in the case of a more expensive item, you have not fulfilled your part of the agreement or made a contractually agreed part payment at the time of the withdrawal. Otherwise the return shipment is free of charge. Items not suitable for parcel shipment will be collected from the customer. Obligations to reimburse payments must be met within 30 days. This time period begins for you with the posting of your withdrawal, for us with the reception of it.
7b. 2 The right of withdrawal is not valid for distance selling contracts
- for the delivery of products produced to the customers specifications or
- which have evidently been made according to personal requirements or
- which are not in a suitable for a return shipment or
- which are highly perishable or
- which have passed their sell-by date or
- for the delivery of audio or video recordings or of software, as king as the delivered data carriers are unsealed by the customer or
- for the delivery of newspapers, magazines and illustrations, unless the customer has made a contractual statement directly per telephone
7b. 3 Please avoid damaging or contaminating the food supplements. If possible please send them and the original packaging including all accessories and all parts of the original packaging back to us. Please use protective packaging for return delivery, please pack properly to protect the merchandise from any transportation damage and to avoid damage claims as a result of defective packaging.
7a. 4 If the protective film is removed or the packaging of the food supplements is damaged, the value of the merchandise automatically drops, of which each individual case is analysed by us and must be refunded by the customer.
§ 8 Liability
8.1 At the current technical stage, the faultless data communication via the internet cannot be guaranteed and/or the availability at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
8.2 We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, of which the fulfillment enables the proper implementation of the contract with the customer, of which the breach will put the achievement of the contractual purpose at risk and on the fulfillment of which the customer regularly relies. In the latter case, we are only liable for the foreseeable damage typical of the contract. We are not liable for the slight negligent breach of other obligations than those specified in the preceding sentences. The aforementioned exclusions from liability do not apply for death, bodily injury and damage to the health of customers. The liability, according to product liability laws, remains unaffected.
8.3 We would like to point out that scientific and medical information stated on our website may be incomplete. Through scientific research as well as its development, medical knowledge is constantly evolving. Our authors and experts take great care in presenting the scientific and medical information in a correct and easy to understand form.
8.4 The information on our info page regarding products, therapies as well as treatment methods, does not represent a recommendation for their purchase or use. The information should by no means be seen as a substitute for professional or treatment by licensed physicians. You should under no circumstances begin, change or end any treatment independently, or use the information from Verisana to make self-diagnoses. Verisana can by no means be made responsible – neither direct nor indirect – for damage or inconveniences that result from the use or misuse of the presented information.
8.5 The results of your test as well as the evaluation do not represent a personal diagnosis. They contain your data according to the general effects of hormones and the disorders associated with them. For a personal diagnosis we therefore recommend discussing the delivered results with your doctor and to use the results as a first hint rather than interpreting of a diagnosis!
§ 9 Patient declaration
By clicking the button "send order" the patient declares that he/she agrees to the implementation of the test kits in the shopping basket or the respective examination. The services offered by Verisana are benefit services which do not necessarily belong to medical care. Please note that the examinations are not always approved by the private health insurance companies, so take care to inform yourself beforehand whether the services are reimbursed. The implementation of the chosen clinical laboratory tests is carried out by Verisana.
§ 10 Applicable law
10.1 The law of the Federal Republic of Germany applies, excluding the UN purchasing law.
10.2 Should a certain provisions listed above in the terms and conditions become legally ineffective, then the validity of the remaining provisions and the contract are unaffected. The relevant statutory provisions will apply in place of any invalid term.
10.3 If the Customer is a trader, does not have a domestic place of jurisdiction, as well as for those who have moved their place of residence or usual abode to a foreign country, or whose place of residence is not known at the time that the suit is filed, the place of jurisdiction for all disputes arising from contracts shall be registered office of our company.
10.4 Changes to the terms and conditions will be sent to you writing, by fax or e-mail. The changes apply as having been recognised by yourself, as long as there is no objection four weeks after receiving the notification.
§ 11 Further details
The products offered on verisana.co.uk are presented on the website as stylised pictures of the real existing products. Minor deviations of the photographs from the reality do not constitute a defect of the ordered merchandise.