Terms and Conditions (GTC)

 

§ 1 Scope, Contractual Partner, Conclusion of Contract

1.1. The following general terms and conditions (hereinafter referred to as "GTC") apply to all contracts between intervivos AG
    represented by the board of directors, which is represented by the chairman of the board, Erik Schäfer, Königsallee 60F, 40212 Düsseldorf
    (hereinafter referred to as " contractor ") and consumers (hereinafter gender-neutral " client ", also jointly
    " Parties ") of the contractor. According to § 13 BGB, a consumer is any natural person who conducts a legal transaction for purposes
    which can be attributed predominantly neither to their commercial nor to their independent professional activity. The terms and conditions
    of the contractor apply exclusively. If the client uses conflicting or supplementary general information
    Terms and conditions, their validity is hereby contradicted; they only become part of the contract if the contractor the
    has expressly agreed.

1.2.  The presentation and description of the goods on the website of the webshop intervivos.de does not constitute a contract offer.  
    Basically, when the consumer orders goods by clicking on the button “order for a fee” at the end of the
    Order process, a binding offer to conclude a contract. The only comes when an order confirmation is sent
    Conclusion of contract.

§ 2 subject matter of the contract

2.1. The contractor provides services in the field of support, planning, organization and revision of holistic security
    and diagnostic concepts, the implementation, review, evaluation and debriefing as well as the transmission of results of tests for
    Containment of infections or viral diseases of all kinds (hereinafter referred to as "services").

2.2. The services of the contractor do not constitute medical services or examinations and do not result in any medical findings. the
    The contractor is not a public health service.

2.3. The responsibility for project control and project success lies with the client.

2.4. The services of the contractor are services in accordance with §§ 611 ff. BGB. Contractual services are not
    Subject of this contract.

§ 3 data storage

3.1. Intervivos AG processes and uses the personal data insofar as this is necessary for the provision of its services and implementation
    the execution of the contract is necessary.

3.2. In the case of orders, data (name and address, IP address, as well as time of order and retrieval) are collected and
    saved.  This primarily serves as proof of the conclusion of the contract and the use of the service. Personal data
    will only be passed on or otherwise transmitted by the contractor to third parties if this is for the purpose of contract processing or to
    Is required for billing purposes or the consumer has previously consented. This has the right to a given consent with effect
    can be revoked at any time for the future.

3.3. The data protection information available here also applies.  

§ 4 payment

4.1. The legal value added tax is included in the indicated prices. Shipping costs are not included in the price shown for the
    contain corresponding goods and may also be incurred.

4.2. The following payment options are available to consumers:

  • Prepayment by bank transfer
    After the conclusion of the contract, we will send you our bank details by email. When making the transfer, please state your full name and order number as the purpose for payment. The price is due immediately upon receipt of the bank details.
     

  • PayPal
    You need a PayPal account to use the payment service provider PayPal. You open a PayPal account or log into PayPal with your access data and confirm the payment instructions for the invoice amount. We will then retrieve the invoice amount from your PayPal account after the contract has been concluded. If this payment method is selected, delivery is only possible to the delivery address stored in the PayPal account.

  • SEPA direct debit
    If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. In this respect, the direct debit cannot be collected before the deadline for the advance information has expired. Pre-notification is any communication (e.g. invoice) to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . In addition, a credit and data check is carried out with the direct debit payment option (see Section 10).

    If the credit card is rejected, the customer undertakes to pay the price plus any costs incurred within 10 days of receiving the service. These costs include the costs that arise due to the cancellation of the credit card charge.
     

  • Instant bank transfer
    When paying by Sofortüberweisung, you can trigger payment for the ordered services via your online banking account while you are placing your order. After selecting the Sofortüberweisung payment method in the ordering process, you will be directed to the secure payment form from SOFORT GmbH, Fußbergstraße 1, 82131 Gauting. SOFORT GmbH automatically takes over the payment process, which is comparable to an EC card payment with a PIN, without us being able to inspect it. As with an EC card payment, SOFORT GmbH will check the availability of your account with an immediate transfer and, if there is sufficient funds in your account, will make a transfer to us. In addition, the SOFORT GmbH system checks in around 30 percent of the cases whether previous payments have been booked with Sofortüberweisung in order to rule out systematic fraud.
    In order to make an instant transfer, SOFORT GmbH needs your name, bank code and account number as well as the PIN and a TAN of your online banking account. Only your name, bank code, account number, purpose, amount and date of the transfer are saved, not the credit limit or account balance of your account or past transactions.

    If the transaction is successful, we only receive the automated confirmation in real time from SOFORT GmbH that the transfer has been carried out.
     

  • Payment on account
    In the case of payment on account, the price is due after the service has been provided and invoiced. In this case, the price must be paid within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed.

              

4.3. With the remuneration, all remuneration claims of the contractor in connection with the provision of the contractual
    Services, in particular the provision of work.

4.4. The services provided will be invoiced retrospectively, unless otherwise agreed between the parties. the
    The relevant evidence must be enclosed with the list. Activities and expenses that have not been proven are not considered by the client
    to reimburse.

4.5. The remuneration is in each case seven (7) days net without deduction after receipt of a proper and verifiable invoice, which is the in number
    7.3. is attached to the specified list, is due for payment. For the timeliness of the payment, the receipt of the invoice amount is on the
    The contractor's business account is decisive.

4.6. For clients who are consumers, the statutory provisions on default in payment apply. The client arrives no later than 30
    Days after the due date in arrears. This applies to a client who is only a consumer if this legal consequence is included in the invoice
    was expressly pointed out. The contractor can request EUR 3.00 (in words: three euros) for each reminder after the occurrence of default.

                                        

§ 5 Warranty

5.1. The implementation of the test, safety and diagnostic concepts, in particular the tests themselves, is based on the current status of
    Science and technology. The responsible
    Test materials that have been approved by the authorities and meet the minimum requirements are used. A complete exclusion of flawed
    Tests, especially due to delayed or non-delivery of results, too early an infection, or
    due to poor quality of the test materials, incorrect implementation, subsequent contamination, etc. is due to the
    However, the specificity and sensitivity of the tests are not possible. Liability on the part of the contractor is accordingly excluded, provided that the
    Contractor is not predominantly responsible for the defectiveness of a test, Section 254 of the German Civil Code (BGB).

    In addition, the contractor is not liable for the (country-specific) formal recognition of test certificates for submission to authorities,
    Institutions, companies, travel destinations, events, etc.

5.2 The statutory warranty regulations apply.

§ 6 Legal right of withdrawal of the service contract

      

6.1 The statutory right of withdrawal exists exclusively for consumers within the EU member states. For the definition of the
     Section 1 of these terms and conditions applies to the consumer

.

6.2. You have the right to withdraw from this contract without giving any reason. The withdrawal period is fourteen days from  
      the day the goods are received, if the goods are dispatched. If a test has been booked on site and no delivery takes place, so
      the withdrawal period is 14 days from the conclusion of the contract.

6.3 In order to exercise your right of withdrawal, you must inform us by means of a clear declaration    

    (e.g. a letter sent by post, fax or e-mail or by telephone)

    Inform you of your decision to withdraw from this contract.

    You can use our for this  Model withdrawal form  use. You can download a version in PDF format  download it here .  

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. This is possible by sending us an email to info@intervivos.de , writing to us at the address intervivos AG, represented by the board of directors, represented by the chairman of the board Erik Schäfer, Königsallee 60F, 40212 Düsseldorf, or by calling us on 0211 - 942 50 380

6.4. If you revoke this contract, the mutual performance obligations no longer apply.  The deadline is met if you withdraw your consent before it expires
    send within fourteen days.

6.5 We will reimburse you for all payments that we have received from you immediately and at the latest within fourteen days from the day
    on which we received the notification of your revocation of this contract. We use the same for this repayment
    Means of payment that you used in the original transaction, unless something else was expressly agreed with you
    agreed upon; In no case will you be charged any fees for this repayment.

§ 7 Validity of these terms and conditions

7.1 The contractor reserves the right to change these terms and conditions,

  • insofar as the contractor is obliged to do so due to a change in the legal situation;

  • insofar as the contractor thereby complies with a court ruling or an official decision directed against itself;

  • insofar as the contractor introduces additional, completely new services, services or service elements that require a service description in the terms and conditions, unless the previous contractual relationship is adversely affected by this.
     

7.2. The parties' right of termination remains unaffected.

§ 8 final provisions

8.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding international law
    Uniform law, in particular the UN sales law.

 

8.2. If the client is a merchant within the meaning of the Commercial Code, an entrepreneur within the meaning of Section 14 BGB, a legal entity under public law or a
    public law special fund, is the exclusive - also international place of jurisdiction for all arising from the contractual relationship
    directly or indirectly resulting disputes the place of business of the contractor in Haan. The contractor is in all cases
    also entitled to take legal action at the place of performance of the performance obligation in accordance with these terms and conditions or a priority individual agreement or on
    general place of jurisdiction of the participant. Overriding legal regulations, especially those that are exclusive
    Responsibilities remain unaffected.

Status: 10/01/2021