General Terms and Conditions of Business
1. Field of Application
1.1. These terms and conditions of IVARIO Dienstleistungen GmbH, Gasstraße 12, 22761 Hamburg, Germany (hereafter referred to as the “Provider”) apply to all contracts concluded by a consumer or entrepreneur (hereafter referred to as the “Customer”) with the Provider with regard to the services presented by the Provider on its Internet site at www.wassertest-online.de. The presented services comprise different services in the field of environmental analysis, which are described further in detail on the website. The following terms and conditions equally apply to any services described on the website. The Customer’s own conditions shall not apply to the contract unless the Provider has explicitly agreed to their validity.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which cannot predominantly be attributed either to his or her commercial activities or his or her self-employed vocational activities. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity that – upon concluding a legal transaction – is acting in the interests of exercising his/her/its independent vocational or commercial activities.
2. Contract Conclusion
2.1. The service descriptions included on the Provider’s website do not constitute binding offers on the part of the Provider, but rather an invitation to the Customer to submit a binding offer. The Customer can submit the offer by means of the online order form which is integrated into the Provider’s website (www.wassertest-online.de). In doing so, the Customer – after having gone through the electronic ordering process – submits a legally binding contractual offer with regard to the service selected by the Customer by clicking on the “Buy” button to conclude the ordering process. The Provider then confirms receipt of the order immediately by email. The Provider can accept the Customer’s offer by means of an order confirmation which is sent together with the confirmation of receipt. The contract between the Customer and Provider is concluded on the basis of this order confirmation.
2.2. Upon the submission of an offer through the Provider’s online order form, the contractual text is stored by the Provider and sent to the Customer in text form (e.g. e-mail, fax or letter) after the submission of the Customer’s order together with these General Terms and Conditions. However, the contractual text can no longer be called up by the Customer on the seller’s website after the submission of the Customer’s order.
2.3. Before the binding submission of the order by means of the Provider’s online order form, the Customer can correct his/her/its entries continuously by using the standard keyboard and mouse functions. Furthermore, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the standard keyboard and mouse functions.
2.4. The German and the English language are available for the conclusion of the contract.
3. Services of the Provider
The Provider sends to the customer not later than 24 hours of the order confirmation in the event of an order on account or, in the event of other methods of payment, not later than 24 hours of the order confirmation and receipt of the total amount that is due, the Provider sends the Customer a sampling kit to the delivery address specified by the Customer at the time of the order. Saturdays, Sundays and public holidays are excluded from the aforementioned period calculation. When the Customer sends the sample that he/she/it has taken in accordance with the submitted instructions to the laboratory that has been commissioned by the Provider using the return material supplied, the Provider shall make the test results available to the Customer online for retrieval within the respective deadlines indicated however no later than 14 days after receipt of the Customer’s sample by the laboratory. The Provider will then inform the Customer by email of the availability of the results and will provide him with the results or make them available to him via an access code.
4. Cooperation Obligations of the Customer
4.1. The Customer must take and label the sample in accordance with the instructions supplied. If the Customer does not follow the instructions, the Provider is entitled to refuse to analyse the sample that has been sent in.
4.2. The Customer must send the consignment to the address of the laboratory indicated on the delivery note using the return material that has been supplied together with the consignment. If the order states a delivery address in Germany the postage costs for the return within Germany are included in the price. The envelope is pre-franked for the return. The same applies to the postage costs for the return from the United Kingdom if a delivery address in the United Kingdom is stated in the order. If the consignment is returned from other countries, the Customer must pay the correct amount in advance for the postage for the consignment. In such case the Customer bears the postage costs for the return consignment.
5. Prices and Terms of Payment
5.1. The prices quoted by the Provider for contracts with consumers within the meaning of section 1.2 are final prices which include statutory value-added tax. The prices submitted by the Provider to entrepreneurs within the meaning of section 1.2. are net prices and are quoted subject to the statutory value-added tax. This is shown accordingly not only in the offer, but also in the order process. The additional shipping costs that are incurred are always shown separately to the Customer – regardless of whether the Customer is a consumer or an entrepreneur – as part of the ordering process.
5.2. The payment options stated on the Provider’s website are available to the Customer. In the event that the “credit card” payment method is selected, the Customer must provide the necessary data for debiting the credit card after the binding order has been submitted. If payment by credit card cannot be carried out successfully for reasons for which the Provider is not responsible, the Customer shall be obliged to transfer the total amount to be paid to the account of IVARIO GmbH & Co. KG within seven days (IBAN: DE78200400000387024300, BIC COBADEFF).
5.3. If advance payment has been agreed, payment is due immediately after conclusion of the contract.
5.4. In case of delivery on account, payment shall be made within seven days after receipt of the order confirmation.
5.5. If the Customer has a discount coupon, he/she/it can enter the coupon code in the last section of the order process in the field provided for this purpose. In this case, the amount is automatically deducted from the price. Only one discount coupon can be used per order.
6.1. The Provider is liable to the Customer for the payment of damages in accordance with the statutory provisions if damage has been caused intentionally or as a result of gross negligence by the Provider, the Provider’s legal representatives or vicarious agents or is based on a culpable breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on compliance with which the Customer regularly relies – and may rely. If the Provider infringes an essential contractual obligation due to slight negligence, its liability shall be limited to the foreseeable damage that is typical for the type of contract involved.
6.2. The liability of the Provider due to a culpable injury to the body, life or health, as well as the mandatory liability according to the Product Liability Act and the liability due to any assumption of a guarantee remain unaffected.
6.3. In all other respects, liability on the part of the Provider is excluded. This shall also apply if the Customer demands compensation for futile expenses instead of compensation for damages.
6.4. The above liability provisions also apply with regard to the liability of the Provider with respect to its vicarious agents and legal representatives.
7. Warranty Rights
7.1. The Customer has an entitlement to the statutory warranty rights, subject to the proviso that any liability for damages shall be determined in accordance with Clause 6.
7.2. The Provider hereby refers to the fact that the test results cannot be used for official purposes as the sample is taken by the Customer him/her/itself.
8. Consumers’ Right of Withdrawal
If the Customer is a consumer within the meaning of Clause 1.2, he/she/it shall have a right of revocation in accordance with the following provisions:
Information on the Right of Revocation
Right of Revocation
You have the right to revoke this contract within fourteen days without stating any reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us, the firm
IVARIO Dienstleistungen GmbH
22761 Hamburg, Germany
by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. For this purpose you can use the attached sample revocation form, although this is not absolutely necessary.
In order to comply with the revocation period, it is sufficient that you send the notification of your intention to exercise the right of revocation before the expiry of the revocation period.
Consequences of Revocation
If you revoke this contract, we shall refund to you all payments which we have received from you, including the delivery costs (with the exception of the additional costs arising from your selection of a different method of delivery to the standard, low-cost delivery offered by us) immediately – i.e. no later than fourteen days from the date on which we receive the notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless alternative arrangements have been expressly agreed with you; under no circumstances will we charge you any amounts for this refund.
If you have requested that the services should start during the revocation period, you shall be obliged to pay us a reasonable amount that corresponds to the proportion of the services that have already been provided by us up to the time of your notification to us that you are exercising the right of revocation with respect to this contract compared to the total extent of the services provided for in the contract.
9. Expiry of the Right of Revocation
The right of revocation expires if the Provider has performed the service in full and only began to perform the service after the Customer had given his/her/its express consent to this and at the same time confirmed his/her/its knowledge that the right of revocation would be lost upon the complete fulfillment of the contract by the Provider.
10. Applicable Law
The contract is governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer’s residence is in an EU member state other than Germany, any provisions of the law applicable there which cannot be deviated from by means of an agreement, shall remain unaffected.
11. Dispute Resolution
The European Commission provides a platform for extra-juridical online dispute resolution via the link http://ec.europa.eu/consumers/odr/ pursuant to art. 14 (1) of the EU regulation No. 524/2013.
The Provider is not obliged to participate in alternative dispute resolution proceedings at a conciliation body for consumers and will therefore not participate in such proceedings.
12. Place of jurisdiction
Provided that the Customer is a merchant, a legal entity according to public law or a special asset according to public law the parties agree that the courts in Hamburg shall have jurisdiction for all disputes arising from and in connection with the contract concluded between the Provider and the Customer. For the Customer this shall be the exclusive place of jurisdiction. The Provider shall alternatively be entitled to bring an action against the Customer at the Customer’s general place of jurisdiction.