General Terms and Conditions of osteolabs GmbH (hereinafter referred to as "osteolabs")

1 Applicability to entrepreneurs and definition of terms

(1) The following General Terms and Conditions apply to all deliveries between us and a customer in the version valid at the time of the order. These General Terms and Conditions form the basis of all offers and agreements between osteolabs and the customer and are deemed to be accepted for the duration of the entire business relationship. Conflicting or deviating terms and conditions of the purchaser are only binding if osteolabs has acknowledged them in writing.

2 Conclusion of a contract, storage of the contract text

(1) The following regulations regarding the conclusion of a contract apply to orders placed via our internet shop http://www.osteolabs.de.

(2) In the event of the conclusion of a contract, the contract is concluded with osteolabs GmbH Wischhofstr. 1-3 D-24148 Kiel.

(3) The presentation of the goods in our online shop does not represent a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.

The acceptance of the offer shall be made in writing or in text form or by sending the ordered goods within one week. After the unsuccessful expiry of this period, the offer shall be deemed to have been rejected.

(4) Upon receipt of an order in our Internet shop, the following regulations shall apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop.

Before the binding submission of the order, the consumer can return to the Internet page on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him after checking his details. We confirm receipt of the order immediately by an automatically generated email (confirmation of receipt). This does not constitute acceptance of the offer. The acceptance of the offer shall be made in writing, in text form or by sending the ordered goods.

(5) Storage of the contract text for orders via our online shop: We will send you the order data and our General Terms and Conditions by email. You can also view the GTC at any time at http://www.osteolabs.de/agb.

(6) The conclusion of the contract is subject to timely and complete self-delivery. This reservation does not apply in the event of short-term delivery disruptions or if osteolabs is responsible for the non-delivery, in particular if osteolabs fails to conclude a congruent hedging transaction in due time. The customer shall be informed immediately of the non-availability of the service. If the counter-performance has been rendered by the customer, this will be refunded.

3 Prices, shipping costs, payment, due date

(1) The stated prices include the statutory value added tax and other price components. The shipping costs are borne by osteolabs.

(2) The consumer has the option of payment in advance, PayPal, online bank transfer. Osteolabs reserves the right to limit the payment methods between which a customer can choose depending on the order value, shipping region or other objective criteria.

(3) The purchase price and shipping costs are due immediately without deduction. If the consumer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract. If we deliver cash on delivery, the purchase price claim shall become due upon receipt of the goods.

4 Delivery

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are generally ready for dispatch within one week.

(2) If the consumer has chosen payment in advance, we will not dispatch the goods before receipt of payment.

(3) If the method of payment selected by the customer cannot be carried out despite contractual execution on the part of osteolabs, in particular because a debit from the customer's account is not possible due to a lack of funds in the customer's account or due to the provision of incorrect data, the customer must reimburse osteolabs or the third party commissioned by osteolabs with the processing for the additional costs incurred as a result.

(4) osteolabs is entitled to use the services of trustworthy third parties for the processing of the payment:

a) In the event of default of payment by the client, osteolabs may assign its claims to a collection agency and transfer the personal data required for the processing of payment to this third party.

b) In the event of the involvement of third parties in the payment processing, the payment in relation to osteolabs shall only be deemed to have been made when the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without restriction.

5 Retention of title

We retain ownership of the goods until the purchase price has been paid in full. If the customer is a merchant in the sense of the German Commercial Code (HGB), osteolabs retains ownership of all delivery items until all payments from the business relationship have been received.

6 Warranty

(1) Information, drawings, illustrations, technical data, descriptions of weight, dimensions and performance contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. osteolabs does not assume any warranty for the correctness of this information. With regard to the type and scope of delivery, only the information contained in the order confirmation is decisive.

(2) Insofar as a defect subject to warranty exists, the customer is entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.

(3) In the event of returns due to defects, osteolabs will also bear the postage costs.

(4) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. osteolabs is therefore not liable for the constant and uninterrupted availability of the online offer.

(5) The claims of the client arising from the warranty presuppose that the client, insofar as the client is a merchant, has fulfilled its obligations to examine the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).

(6) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the limitation period is one year.

7 Limitation of liability

(1) The liability of osteolabs is otherwise governed by the statutory provisions, unless otherwise stipulated in these General Terms and Conditions of Business and Delivery. osteolabs is liable for damages, regardless of the legal grounds, only in the case of intent and gross negligence without limitation. In addition, osteolabs has unlimited liability for damages arising from injury to life, limb or health in the case of simple negligence. In the case of simple negligence and the violation of an essential contractual obligation (cardinal obligation), the liability of osteolabs is limited to the compensation of the foreseeable, typically occurring damage. Liability according to the Product Liability Act remains unaffected by the above regulations.

(2) Insofar as the liability of osteolabs is excluded or limited in these General Terms and Conditions of Business and Delivery, this also applies to the personal liability for damages of the employees, representatives and vicarious agents of osteolabs.

8

Cancellation policy for goods

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. 

In order to exercise your right of withdrawal, you must inform us (osteolabs GmbH, Wischhofstr. 1-3, 24148 Kiel, info@osteolabs.de, telephone: 0431 - 600 - 12 68) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to osteolabs GmbH, Wischhofstr. 1-3, 24148 Kiel, Germany, without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period. We will bear the costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. 

The right of withdrawal does not apply to the following contracts:

  • Contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
  • Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
  • Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

Cancellation policy for services

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract. 

In order to exercise your right of withdrawal, you must inform us (osteolabs GmbH, Wischhofstr. 1-3, 24148 Kiel, info@osteolabs.de, telephone: 0431 - 600 - 12 68) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

9 Contractual language / place of jurisdiction / place of performance / choice of law

(1) Only German is available as the contractual language.

(2) The place of performance for all deliveries is the registered office of osteolabs in Kiel.

(3) If the customer is a merchant in the sense of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction is Kiel. In this case osteolabs is also entitled to sue the customer at the customer's place of residence at the discretion of osteolabs. The same applies in the event that the client does not have a general place of jurisdiction in Germany, relocates its domicile or usual place of residence outside of Germany after conclusion of the contract or its domicile or usual place of residence is unknown at the time the action is filed.

(4) The contract in accordance with these General Terms and Conditions of Business and Delivery shall be governed exclusively by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(5) Should individual provisions of these General Terms and Conditions of Business and Delivery be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract.

10 Data protection

osteolabs processes personal data of the customer for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) are used by osteolabs for the fulfilment and processing of the contract. This data is treated confidentially by osteolabs and is not passed on to third parties who are not involved in the ordering, delivery and payment process. The client has the right to receive, upon request and free of charge, information about the personal data that osteolabs has stored about him. In addition, he has the right to correction of incorrect data, blocking and deletion of his personal data, insofar as there is no legal obligation to retain such data.

Use of Google Analytics:

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymisation is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the operator of the website.

and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can prevent the collection of the data generated by the cookie and related to your use of the website (incl. your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link. The current link is http://tools.google.com/dlpage/gaoptout?hl=de.

11 Information on dispute resolution bodies

(1) Information on the EU's online dispute resolution service: The EU Commission has provided an internet platform for the out-of-court settlement of disputes arising from sales and service contracts concluded online. This ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/ (2) Information pursuant to the Consumer Dispute Resolution Act (VSBG): osteolabs does not participate in dispute resolution procedures of consumer arbitration boards.

GTC Status 7 February 2018