§ 1 Scope
(1) These Terms and Conditions apply to all contracts concluded through our Online Shop between us,
Immunservice GmbH
Christoph-Probst-Weg 4
20251 Hamburg
Germany
Chief Executive Officer: Prof. Dr. Dr. Edith Huland
Register Court: Hamburg District Court
Register Number: HRB 89443
Phone: +49 (0)40 / 611 35 184
Fax: +49 (0)40 / 380 178 572 79
Email: info@immunservice.com
VAT-ID No. pursuant to § 27 a of the German Value Added Tax Law: DE 232838429
and you as our customer.
(2) We conclude contracts exclusively with businesses as defined in § 13 BGB (German Civil Code), in particular university and private research institutions. A conclusion of contract with consumers as defined in § 12 BGB is not possible.
(3) The version of the Terms and Conditions valid when the contract is concluded shall be binding.
(4) We do not accept terms and conditions of the customer that deviate from our Terms and Conditions. This applies also if we do not expressly object to their inclusion.
§ 2 Conclusion of Contract
(1) The presentation and promotion of articles in our Online Shop do not constitute a binding Offer for conclusion of a sales contract.
(2) When you send an order via the Online Shop by clicking the „Buy“ button, you submit an Offer to conclude a contract.
(3) We will confirm receipt of an order placed through our Online Shop immediately by email. This email still does not constitute a binding acceptance of the Offer.
(4) A contract is concluded when we accept your offer within 2 working days of ordering by making an explicit declaration.
(5) If we are unable to deliver the products you ordered, for instance, because the respective product is not in stock, we will not make a declaration of acceptance. In this case no contract will be concluded. We will inform you of this without delay.
(6) Pleased be advised that there is no right to withdraw from contracts concluded with us.
§ 3 Terms of Delivery
(1) We are entitled to make partial deliveries insofar as this is acceptable for you.
(2) The delivery time is five (5) working days and begins with conclusion of the contract. The delivery period for advance payment begins the day after the payment order is issued to the transferring bank and ends with the last day of the delivery time.
(3) We ship products that are not temperature sensitive by Standard Shipping. The shipping time in this case is 1-2 days. Temperature-sensitive products are shipped exclusively by Express Shipping with a shipping time < 24 hours.
§ 4 Pricing and Shipping Costs
(1) All prices listed in our Online Shop are exclusive of shipping costs and 19% VAT
(2) Immunservice GmbH will charge the buyer for the following shipping costs:
- Standard Shipping costs within Germany: € 55
- Standard Shipping costs within Europe € 90
(3) The shipping costs are listed in the prices quoted in our Online Shop. The price including value-added tax and shipping costs will also be displayed in the order form before you send the order.
§ 5 Terms of Payment, Offsetting and Right of Retention
(1) The purchase price shall be paid immediately after conclusion of contract in advance by bank transfer.
(2) You may not offset against our claims unless your counterclaims are undisputed or legally enforceable. Your are also entitled to offset against our claims if you assert notices of defects or counterclaims deriving from the same purchase contract.
(3) As the buyer you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
§ 6 Warranty
(1) If the delivered goods are defective, you are entitled within the scope of statutory regulations to demand supplementary performance in the form of correction of the defect or delivery of a new item free of defects. We maintain the right to choose the type of supplementary performance. If supplementary performance is not successful, you have the right to reduce the purchase price or withdraw from the contract.
(2) All warranty claims shall expire – except in the case of claims for damages – within twelve months of receipt of the goods.
§ 7 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for compensation of damage or reimbursement of futile expenditure.
(2) In other cases we accept liability – unless otherwise stipulated in paragraph 3 – only in the event of the breach of a contractual obligation which must be fulfilled to enable proper performance of the contract and you as the customer can normally rely on to be met (so-called cardinal obligations). This liability is limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded, with the exception of the provision of paragraph 3.
(3) Our liability for damages resulting from loss of life, physical injury or damage to health and under the German Product Liability Act remains unaffected by the preceding limitations of liability and exclusions.
§ 8 Copyrights
We have copyrights to all pictures, films and texts published in our Online Shop. Use of these pictures, films and texts is not allowed without our express consent.
§ 9 Applicable Law and Jurisdiction
(1) German law is applicable while excluding the UN Convention on Contract for the International Sale of Goods.
(2) The sole place of jurisdiction is Hamburg.
(3) Should any provisions of this contract be or become invalid or an essential point not be included, this shall not affect the validity of the other provisions. The contracting parties shall undertake to replace the invalid provision with one that comes closest to the intended purpose and the parties would have agreed on had they known the ineffectiveness of the provision.
(4) Contracts can only be concluded in German. The contract will be sent to you by email after conclusion of contract and stored by us. Contracts will only be retransmitted on your request.