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

§1 Applicability to Entrepreneurs and Definitions

(1) The following General Terms and Conditions apply to all deliveries between us and a customer in their version valid at the time of the order. These GTC apply to all offers and agreements between osteolabs and the customer and are considered accepted for the duration of the entire business relationship. Any conflicting or differing conditions of the buyer are only binding if osteolabs has expressly acknowledged them in writing.

§2 Conclusion of a Contract, Storage of the Contract Text

(1) The following regulations on the conclusion of the contract apply to orders placed through our online shop at 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 products in our online shop does not constitute a legally binding offer on our part, but rather a non-binding invitation to the consumer to order products. By ordering the desired product, the consumer submits a binding offer to conclude a purchase contract.

The acceptance of the offer occurs in writing or in text form or by sending the ordered goods within one week. After the expiration of the period, the offer is considered rejected.

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

Before submitting the order, the consumer can return to the page where the customer’s details are entered and correct any input errors by pressing the “Back” button in the Internet browser used or cancel the ordering process by closing the Internet browser. We confirm receipt of the order immediately through an automatically generated email (order confirmation). This does not yet constitute acceptance of the offer. The acceptance of the offer occurs in writing, in text form, or by sending the ordered goods.

(5) Storage of the contract text for orders placed through our online shop: We will send you the order data and our GTC via email. The GTC can be viewed at any time at http://www.osteolabs.de/agb.

(6) The conclusion of the contract is subject to the timely and correct supply to ourselves. This reservation does not apply in cases of short-term delivery disruptions or if osteolabs is responsible for non-delivery, particularly if osteolabs has failed to conclude a congruent hedging transaction in due time. The customer will be informed immediately about the unavailability of the service. If the customer has already made a payment, it will be refunded.

§3 Prices, Shipping Costs, Payment, Due Date

(1) The stated prices include statutory VAT and other price components. Shipping costs are covered by osteolabs.

(2) The consumer has the option to pay in advance, via PayPal, or online transfer. Osteolabs reserves the right to restrict the available payment methods depending on the order value, shipping region, or other relevant criteria.

(3) The purchase price and shipping costs are due immediately without deduction. If the consumer has chosen to pay in advance, they are obliged to pay the purchase price immediately after concluding the contract. If we deliver by cash on delivery, the purchase price claim becomes due upon receipt of the goods.

§4 Delivery

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

(2) If the consumer has chosen to pay in advance, we will not ship the goods before receiving payment.

(3) If the payment method selected by the customer cannot be carried out, despite being contractually performed by osteolabs, particularly because a debit from the customer’s account is not possible due to insufficient funds or the provision of incorrect data, the customer must reimburse osteolabs or the third party engaged by osteolabs to handle the transaction for any additional costs incurred.

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

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

b) If third parties are involved in payment processing, the payment is considered to have been made to osteolabs only when the amount has been credited to the third party’s account in a manner that allows the third party to have unrestricted access to the funds.

§5 Retention of Title

We retain ownership of the goods until full payment of the purchase price has been made. If the customer is a merchant within the meaning of the German Commercial Code (HGB), osteolabs retains ownership of all delivered items until full payment of all claims arising from the business relationship has been received.

§6 Warranty

(1) Information, drawings, illustrations, technical data, weight, measurement, and performance descriptions contained in brochures, catalogs, circulars, advertisements, or price lists are of a purely informative nature. Osteolabs does not guarantee the accuracy of this information. The specifications in the order confirmation alone are decisive for the nature and scope of the delivery.

(2) If there is a defect requiring warranty, the customer is entitled, within the scope of the legal provisions, to demand supplementary performance, withdraw from the contract, or reduce the purchase price.

(3) In the case of returns due to defects, osteolabs will also cover the return shipping costs.

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

(5) The customer's warranty claims are subject to the condition that the customer, if they are a merchant, has fulfilled their obligations to inspect and give notice of defects in accordance with § 377 of the HGB.

(6) The limitation period for warranty claims for 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 specified in these General Terms and Conditions. Osteolabs is liable for damages, regardless of the legal reason, only in cases of intent and gross negligence without limitation. Furthermore, osteolabs is liable for damages caused by slight negligence resulting in injury to life, body, or health without limitation. In cases of slight negligence and breach of an essential contractual obligation (cardinal obligation), osteolabs' liability is limited to the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected by the foregoing provisions.

(2) To the extent that osteolabs' liability is excluded or limited in these General Terms and Conditions, this also applies to the personal liability for damages of osteolabs' employees, workers, staff, representatives, and agents.

§8 Right of Withdrawal for Goods

Right of Withdrawal

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

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

To exercise your right of withdrawal, you must inform us (osteolabs GmbH, Wischhofstr. 1-3, 24148 Kiel, info@osteolabs.de, Telephone: +49 431 - 600 - 12 68) by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notice of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including the delivery costs (except for the additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive the notice of your withdrawal from this contract. For this reimbursement, we will use the same payment method that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have provided proof of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to osteolabs GmbH, Wischhofstr. 1-3, 24148 Kiel without undue delay and in any event no later than fourteen days from the day you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

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

• Contracts for the delivery of goods that 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 that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery.
• Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.

Right of Withdrawal for Services

Right of Withdrawal

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

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

To exercise your right of withdrawal, you must inform us (osteolabs GmbH, Wischhofstr. 1-3, 24148 Kiel, info@osteolabs.de, Telephone: +49 431 - 600 - 12 68) by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notice of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including the delivery costs (except for the additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive the notice of your withdrawal from this contract. For this reimbursement, we will use the same payment method that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

If you requested that the services commence during the withdrawal period, you must pay us an amount proportionate to the services already provided up to the point you informed us of your exercise of the right of withdrawal regarding this contract in comparison to the full scope of the services provided for in the contract.

§9 Contract Language / Jurisdiction / Place of Performance / Governing Law

(1) The only language available for the conclusion of the contract is German.

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

(3) If the customer is a merchant as defined by the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, Kiel is the place of jurisdiction. In this case, osteolabs is also entitled to sue the customer at their place of residence. The same applies if the customer has no general place of jurisdiction in Germany, relocates their domicile or habitual residence abroad after the conclusion of the contract, or their domicile or habitual residence is unknown at the time of filing the lawsuit.

(4) The contract governed by these General Terms and Conditions is exclusively subject to the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

(5) Should any provision of these General Terms and Conditions be invalid or contradict legal regulations, this shall not affect the rest of the contract.

§10 Data Protection

Osteolabs processes personal data of the customer for specific purposes and in accordance with legal regulations. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) will be used by osteolabs to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the order, delivery, or payment process. The customer has the right to request information about the personal data stored by osteolabs about them free of charge. In addition, they have the right to correct inaccurate data, block, and delete their personal data, provided that there is no legal obligation to retain it.

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 analyze how users use the site. The information generated by the cookie about your use of the website is usually transmitted to and stored by Google on servers in the United States. In the event that IP anonymization is activated on this website, your IP address will be shortened 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 United States and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website and internet use to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. 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. You can also prevent Google from collecting data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link. The current link is http://tools.google.com/dlpage/gaoptout?hl=en.

§11 Information on Dispute Resolution Bodies

(1) Information on the EU Online Dispute Resolution Platform: The European Commission has provided an internet platform for the out-of-court resolution of disputes arising from online sales or service contracts. This OS platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/

(2) Information according to the German Consumer Dispute Resolution Act (VSBG): Osteolabs does not participate in dispute resolution proceedings before consumer arbitration boards.

GTC Status: February 7, 2018