FERAGEN GmbH
Veterinary genetic diagnostics laboratory
Strubergasse 26
A – 5020 Salzburg
Tel.: +43 (0) 662 / 43 93 83
Tel.: +49 (0) 8654 / 68 24 430
email: office(at)feragen.at
VAT ID number: ATU72266816
Commercial register: FN 471418 m
1. Scope
Unless expressly agreed otherwise, the General Terms and Conditions (GTC) apply to the conclusion and implementation of all contracts of the company FERAGEN GmbH, Laboratory for Veterinary Genetic Diagnostics (hereinafter referred to as FERAGEN), Managing Director Mag. Dr. Anja Maria Geretschläger, Strubergasse 26, 5020 Salzburg concludes with her contractual partner.
A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity.
In this respect, actions on our part to fulfill the contract do not constitute consent to contractual conditions that deviate from our conditions. If any ambiguities remain in the interpretation of the contract, these must be resolved in such a way that the contents that are usually agreed in comparable cases are deemed to have been agreed.
By placing the order, the contractual partner agrees to FERAGEN's General Terms and Conditions. However, the contractual partner can exclude individual points as well as the entire general terms and conditions when placing the order. In this case, FERAGEN reserves the right to accept the order in whole or in part and will inform the contractual partner of this as quickly as possible.
The contract is concluded between FERAGEN and the contractual partner of the person named as the contractual partner on the order form. If the contractual partner is not the customer of the service, the actual customer of the service must also be stated on the order form.
All agreements and services provided by FERAGEN are carried out without exception on the basis of the following regulations, unless there is a recognized contradiction on the part of FERAGEN and/or the contractual partner. If FERAGEN and/or the contractual partner have agreed on different terms and conditions, the remaining general terms and conditions remain valid unless they contradict the modified and accepted general terms and conditions and/or the law.
If FERAGEN and/or the contractual partner do not expressly object or the contractual partner declares that they only want to conclude a contract on their own terms and conditions, these General Terms and Conditions are deemed to be accepted by both parties.
A contract for the provision of a service is concluded after an order is placed if a sample including a completed sample order/order form is received by FERAGEN and these are not rejected by FERAGEN for reasons that are immediately communicated to the contractual partner.
All agreements, subsequent changes, additions, side agreements, etc. require mutual consent in order to be valid. In order to later preserve evidence in court, the courts recommend the written form.
2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.
3. Ordering process and conclusion of contract
The customer can select products from FERAGEN's range without obligation and collect them in a so-called shopping cart using the [add to cart] button.
The customer can then proceed to complete the ordering process using the [Continue to checkout] button in the shopping cart.
Using the [Buy] or [Pay Now] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
FERAGEN then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by FERAGEN and does not constitute acceptance of the application. The purchase contract is only concluded when FERAGEN ships, hands over or dispatches the sample set to the customer within 2 days within 2 days with a second email, express order confirmation or sending of the invoice.
If FERAGEN allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by FERAGEN within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, FERAGEN will withdraw from the contract with the result that the order is no longer valid and FERAGEN is not obliged to deliver. The order is then completed for the buyer and FERAGEN without any further consequences. When paying in advance, the item is reserved for a maximum of 10 calendar days.
4. Delivery times-receipt authorization delay
The sample package and, if selected, the certificate* (within Austria and Germany) will be dispatched no later than the next working day after receipt of payment and is completely free of charge for you. A flat rate shipping fee of €5.00 will be charged to the EU and €14.90 outside the EU for shipping costs + customs fees. FERAGEN expressly accepts no liability for delays beyond FERAGEN’s control or due to third-party negligence.
Please refer to the respective test descriptions for the expected processing period for test processing and reporting. It is expressly pointed out that the processing period mentioned is non-binding and only provides an indication of the usual processing period. There is no claim to exact compliance due to the complexity of sample processing. FERAGEN is expressly not liable for delays caused by third parties (suppliers, service providers, etc.).
If there is a delay in the preparation of the findings that is not within FERAGEN's control (e.g. extended processing time due to sample quality, more intensive sample processing, etc.), this does not entitle the contractual partner to reduce the invoice amount.
The results of the findings and/or certificate are transmitted by email as standard. However, if an email address is not available, the contractual partner can request a written copy by fax or letter. The result of the findings and/or certificate will only be expressly sent to the contractual partner specified on the order form. If the result of the findings and/or certificate is to be sent by FERAGEN directly/or additionally to a third party, this must be stated on the order form or subsequently requested in writing. This is possible by post or at www.feragen.at/kontakt .
5. Deliveries
Finding results and/or certificates are sent by email as quickly as possible as standard after they have been created.
If it is not possible to transmit findings electronically, they will be transmitted in letter form.
6. Prices
All prices mentioned include the applicable statutory VAT.
If the contractual partner is an entrepreneur, the net billing will occur after the respective VAT identification number has been submitted and checked.
7. Delivery costs
By default we ship to Austria & Germany free of charge.
A flat rate shipping fee of €5.00 will be charged to the EU and €14.90 outside the EU for shipping costs + customs fees.
If shipping costs or other costs still apply, they will be announced to the contractual partner before the order is placed (type and amount) and will be charged.
The return of the sample taken (not cancellation, no return is necessary) to FERAGEN is at the expense of the contractual partner. Sample sets returned freight forwarded will not be accepted. (No return shipping is necessary for the cancellation).
8. Warranty
If there are errors in the processing of the sample, the findings and/or certificates or other errors in the course of order processing, FERAGEN is only liable for the amount of the invoice or in accordance with applicable statutory law.
FERAGEN is not liable for errors that lie outside the control of FERAGEN.
If it is not possible to process the sample due to defects (e.g. incorrect sampling, insufficient quantity, errors in handling, etc.) that are beyond FERAGEN's control, the contractual partner can submit another sample at his own expense. A flat rate of 5 euros can be charged for additional processing.
If it is not possible to process this replacement sample due to another defective sample, FERAGEN can refuse to complete the order and thus reject the order and return the costs incurred up to that point less a processing fee of 25% of the invoice amount.
Likewise, results that do not reflect the health status of the animal due to other circumstances (e.g. sample quality, contamination with foreign DNA) cannot be blamed on the laboratory as a defect.
The recipient of the sample is solely liable for the correspondence between the identity of the sample and the animal specified on the order form.
If it is an order with a certificate, the affidavit must be enclosed with the sample (included in the sample set).
For orders with certified certificates from FERAGEN, sampling is only possible by people who have been certified by FERAGEN. Information about people who have been certified by FERAGEN can be found at www.feragen.at or by telephone.
9. Limitation of liability
The following exclusions and limitations of liability apply to FERAGEN's liability for damages, without prejudice to the other legal requirements for claims:
FERAGEN is liable without limitation if the cause of the damage is based on intent or “blatant gross negligence”.
Furthermore, FERAGEN is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, FERAGEN is only liable for foreseeable, contract-typical damage. FERAGEN is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.
The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
To the extent that FERAGEN's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Outside the scope of the KSchG, FERAGEN is only liable for damages that arise due to “blatant gross negligence” or intent.
Claims for damages or warranty claims expire twelve months from the start of the statutory limitation period outside the scope of application of the KSchG. This does not apply to claims for damages caused by gross negligence, intent or concealment of a fraudulent defect.
10. Payment due date and delay
Invoices are sent by email as standard.
Unless otherwise agreed, the invoice date is the day the contract is concluded.
Unless otherwise agreed, the contractual partner undertakes to pay the purchase price in full upon conclusion of the contract.
Payment can be made by advance payment, cash on delivery, PayPal, credit card, instant transfer to our bank account, direct debit or by invoice.
Depending on the payment method, fees may apply, which will be communicated to you in advance.
We reserve the right to restrict individual payment methods for certain products, invoice amounts or countries and services.
If third-party providers are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.
For the purpose of credit checking, CRIF Bürgel GmbH Radlkoferstraße 2 81373 Munich Germany will provide us with the address and creditworthiness data stored about you in its database, including those determined on the basis of mathematical-statistical methods Provided we have credibly demonstrated our legitimate interest.
Delay in payment occurs regardless of payment reminders and payment reminders, no later than 14 days after the invoice has been issued, unless the delay occurred beforehand due to an agreement or according to the law. In the event of late payment, FERAGEN is entitled to charge reminder costs. We charge €9.95 for the first reminder, €15.95 for the second reminder and €19.95 for the third reminder. If payment has still not been received after the third reminder, we will hand over the outstanding claim to a debt collection agency and charge a processing fee of €39.95 up to a handover value of €500 and a €59.95 processing fee from a handover value of €500.
In addition, the costs of third parties (e.g. lawyers, debt collection agencies, etc.) will be charged to the debtor, provided that these costs were useful for appropriate legal prosecution.
The costs for engaging a lawyer are based on the respective Lawyers' Tariff Act (RATG) plus statutory sales tax.
The costs for using debt collection agencies are based on the rate announced by the Federal Ministry of Economics in the regulations for debt collection agencies plus the statutory sales tax (see BGBI No. 141/96).
If direct debit is not possible due to insufficient funds and/or objection, FERAGEN is entitled to charge a processing fee of EUR 15.00.
If there is a refund of payments made to the contractual partner, this will be done via the payment method used by the contractual partner when placing the order.
11. Revocation
See revocation at www.feragen.at/shop/widerruf/
12. Final provisions
The place of fulfillment for B2B is the location of the headquarters of the company FERAGEN.
Austrian substantive law applies to this contract; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The statutory places of jurisdiction apply to consumers.
You can view the current terms and conditions at any time at www.feragen.at/agb .
The contract language is German