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General Terms and Conditions of osteolabs GmbH
§ 1 General Information
1. The following General Terms and Conditions apply exclusively to the delivery and sale of the tests of osteolabs GmbH and to the rendering of services by osteolabs GmbH.
2. osteolabs GmbH does not recognize terms and conditions of the contracting party that are contrary to or deviate from the General Terms and Conditions unless osteolabs GmbH has expressly consented to their application in writing. The General Terms and Conditions apply exclusively, even when osteolabs GmbH, with knowledge of terms and conditions of the contracting party that are contrary to or deviate from the General Terms and Conditions, renders the services without reservation.
3. All covenants which are made between osteolabs GmbH and the contracting party for the purpose of performing this contract are committed to writing in this contract.
§ 2 Offers and contract formation
1. A contract is formed through performance of the service. If information that is needed for the proper analysis of the blood sample is missing, the Responsible Physician will be informed of this and asked to furnish it by a deadline. If the information is not furnished by the stated deadline, the Responsible Physician will be informed that performance of the service may be delayed due to the absence of information that is relevant for the analysis. If the missing information is not furnished by the time the test result is available, osteolabs GmbH reserves the right to refuse to deliver the test result. This shall not affect the contracting party’s obligation to pay.
§ 3 Prices and payment terms
1. All prices are understood to be in euros and include statutory value-added tax.
2. The commission to perform the service triggers the payment obligation.
3. If the contracting party maintains a debit account at a German or Austrian financial institution, payment shall be made through the issuance of a SEPA direct debit mandate. The payment due will be collected after the test result is sent to the Responsible Physician, but not earlier than five days after placement of the order. The contracting party may within eight weeks, beginning with the date of debiting, demand reimbursement of the debited amount. The terms agreed to with its financial institution are applicable in such case. If the specified debit account has insufficient funds, the financial institution that maintains the account has no obligation to carry out the direct debit mandate. This shall not affect the contracting party’s obligation to pay osteolabs GmbH. If the contracting party is not the account holder of the debit account specified on the authorization to collect the receivable by SEPA direct debit mandate, from which the payable amount is to be collected when due, either the account holder must, through his or her signature, issue the authorization to collect the receivable or the contracting party automatically confirms through its signature on the requisition form that, at the time of the contract, it has a valid bank mandate for the specified debit account in the amount to be paid. The contracting party’s payment obligation toward osteolabs GmbH shall remain intact, even if it is not the account holder of the specified debit account or has no valid bank mandate.
4. The contracting party will automatically receive an invoice after payment has been received, provided that osteolabs GmbH has the contracting party’s complete address.
5. Subsequent contractual amendments are excluded. This shall not affect the contracting party’s obligation to pay the full price.
6. In case the consent for the testing is revoked, the contracting party is obligated to pay osteolabs GmbH the following amount for the service rendered: – 50% of the full amount before the start of the analysis of the test material – 100% of the full amount at the start of the analysis of the test material
7. In case the consent for the testing is revoked by the contracting party, the Responsible Physician must send the revocation in text form to osteolabs GmbH. The date of the receipt stamp is controlling.
8. If the evaluation of the analysis of the test material produces no usable result, the contracting party’s payment obligation no longer applies.
§ 4 Service of osteolabs GmbH
1. The purpose of the contract is the performance of noninvasive, clinically validated tests based on the use of the latest analytical methods.
2. Current data on the review of the noninvasive, clinically validated tests is available at www.osteolabs.de. osteolabs GmbH cautions that, in practice, 100% validity (socalled sensitivity and specificity) cannot be expected with the use of tests.
3. The test results are sent exclusively to the attention of the Responsible Physician. The test durations vary according to the choice of the test. 4. The rendering of the service requires the contracting party to satisfy the obligations on time and properly and the identical request for a test to be completed by the Responsible Physician in terms of § 2 of these General Terms and Conditions.
§ 5 Liability
1. osteolabs GmbH is exclusively liable for compliance with the duties under this contract, the validity of the selected test described in § 4 and for its technically correct performance, provided that the service was rendered by osteolabs GmbH.
Force majeure, interruptions of operations, labor disputes or other obstacles for which osteolabs GmbH is not responsible at osteolabs GmbH or its suppliers exempt osteolabs GmbH from the obligation to deliver for the duration of the disruption and its consequences.
§ 6 Place of performance, judicial venue and applicable law
1. Unless otherwise indicated in the order confirmation, the place of performance shall be the place of business of osteolabs GmbH.
2. The judicial venue shall be Kiel, Germany. German law shall apply.
Notes on Data Protection
1. In the following, we provide information on the collection of personal data in business transactions. Personal data is all data that can be related to you personally, such as name, address, email addresses and payment information.
2. The data controller pursuant to Art. 4 (7) of the General Data Protection Regulation (GDPR) is osteolabs GmbH, Lisa Meier, c/o Viking Telecom GmbH. Konrad-Zuse-Ring 28, 24220 Flintbek, Germany.
3. Data is collected, stored and, if necessary, shared if such is required in order to render the contractual performances. The data is therefore collected, stored and shared for purposes of contract fulfillment or for the performance of pre-contractual measures and based on Art. 6 (1) first sentence (b) GDPR. If we obtain a consent from the data subject for processing operations of personal data, Art. 6 (1) (a) GDPR serves as the legal basis for the processing of personal data. Failure to supply such data may have the consequence that the contract cannot be completed. Further processing occurs only if you have consented or it is permitted by law.
4. We maintain up-to-date technical measures to ensure the protection of personal data. They are continually updated to the current state of the art.
5. You have the right to demand information from us at any time on the personal data about you that is stored with us (Art. 15 GDPR). This also pertains to the recipients or categories of recipients with whom this data is shared and the purpose of the storage. Moreover, you have the right to demand correction pursuant to the requirements of Art. 16 GDPR and/or erasure pursuant to the requirements of Art. 17 GDPR and/or restriction of the processing pursuant to the requirements of Art. 18 GDPR. You can also demand transfer of the data at any time pursuant to the requirements of Art. 20 GDPR.
6. Personal data is deleted or locked when the purpose of the storage is no longer applicable. In addition, data can be stored if the European or national legislature has provided for this in Union regulations, statutes or other rules to which the controller is subject. The data is also locked or deleted when a storage period prescribed by such standards lapses, unless it is necessary to continue to store the data for contract formation or execution.
7. Please direct all desires for information, requests for information or objections about the data processing to our data protection officer via email to [firstname.lastname@example.org] or to the address mentioned in (2) above. For further information, we refer to the complete text of the GDPR, which is available on the Internet at http://eur-lex.europa.eu/eli/ reg/2016/679, and to our data policy, which can be accessed on the Internet at www.osteolabs.de. You also have the option to complain about data privacy issues to your competent supervisory authority. osteolabs GmbH Wischhofstr. 1-3, Gebäude 1, 24148 Kiel, Germany Managing director: Dr. Stefan Kloth, Wischhofstr. 1-3, Gebäude 1, 24148 Kiel, commercial register: 19474 KI Amtsgericht Kiel, VAT ID no. DE 31 93 41 921