Terms and Conditions (GTC)

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed by consumers and entrepreneurs via our online shop.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to this.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with FERAGEN GmbH.

The presentation of the services in our online shop does not constitute a legally binding offer, but serves as non-binding information and represents an online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.

We accept your offer within two days by:

  • we submit a declaration of acceptance in a separate email or
  • if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see “Payment”).

The alternative that is relevant to you depends on which of the events listed occurs first.

3. Provision of services: genetic analysis for animals

Within the scope of this contract, the customer does not purchase a physical product, but rather a service consisting in carrying out genetic analyses for animals. The contract is fulfilled by analyzing and evaluating samples provided by the customer, not by delivering a material product.

Genetic analyses are carried out in accordance with the conditions and standards set out in the contract or the respective product description. The customer is responsible for providing the samples required for analysis correctly and completely. For further information, please refer to the specific requirements of the product description.

The customer acknowledges that the service we provide is a scientific analysis, the result of which may, under certain circumstances, depend on the quality of the samples provided. We accept no liability for results obtained due to inadequate or faulty samples.

Please note that the services we provide are of an intangible nature and are therefore not subject to the legal regulations for the purchase and delivery of goods. Cancellation and warranty rights refer accordingly to the service provided and not to physical products.

4. Contract language, contract text storage

The following languages ​​are available for the conclusion of the contract: German

We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

5. Requirements and handling of customer content

5.1 Requirements

If it is necessary for you to send us content (e.g. texts, data, files) in order to fulfil the order, the technical possibilities available for this and any applicable requirements are based on the respective product description. You are solely responsible for the content, including the legality and accuracy of the content you send. We do not carry out any editorial review of the content before executing the order. Customers can also upload documents of their animals to myFERAGEN. The uploader is solely responsible for the legality of the uploaded content.

5.2 Compliance with applicable law

The content submitted and the products created from it must comply with the applicable legal provisions at all times. In particular, they must not infringe the rights and claims of third parties (in particular copyright, trademark or other protective rights) and must not contain or serve any content that glorifies violence, is discriminatory, racist, xenophobic or immoral.

5.3 Limitation of liability for data loss

FERAGEN is liable for data losses that occur in connection with the use of myFERAGEN only to the extent required by law. Any further liability is expressly excluded to the extent permitted by law.

5.4 Exemption

You indemnify us against claims by third parties that they may assert in connection with a violation of their rights through our contractual use. You also assume the necessary costs of legal defense, including all court and attorney fees at the statutory rate. The indemnity does not apply if you are not responsible for the violation of law. In the event of a claim by a third party, you are obliged to provide us promptly, truthfully and completely with all information that is necessary for examining the claims and for a defense.

5.5 Right of withdrawal

We reserve the right to refuse the order or to withdraw from the contract if the content you provide violates legal or official prohibitions or violates common decency, or if there is reasonable suspicion of this. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

6. Delivery conditions

We ship the products to the delivery address specified during the ordering process.

In principle, you have the option of picking up the goods from FERAGEN GmbH, Strubergasse 26, 5020 Salzburg, Austria, during the following business hours: 08:00 - 17:00.

7. Payment

In our shop you can generally use the following payment methods:

  • Prepayment
    If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
  • Cash on pickup
    The invoice amount must be paid in cash upon collection.
  • Credit card
    You enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.
  • SEPA direct debit
    When you place your order, you give us a SEPA direct debit mandate. We will inform you of the date of the debit at least one banking day in advance (so-called prenotification). The account will be debited after the goods have been dispatched.
  • Apple Pay
    In order to pay the invoice amount via the payment service provider Apple Inc., you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed.
  • Google Pay
    In order to pay the invoice amount via the payment service provider Google Ireland Ltd., you must be registered with Google, have activated the Google Pay function, identify yourself with your login data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed.
  • PayPal, PayPal Express
    In order to pay the invoice amount via the payment service provider PayPal, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order is placed.
7.1 Due date and default in payment

Unless otherwise agreed, the contractual partner undertakes to pay the purchase price in full upon conclusion of the contract.

Late payment occurs no later than 14 days after invoicing, regardless of reminders, unless the delay occurred earlier due to an agreement or by law. In the event of late payment, we are entitled to charge reminder fees. We charge a reasonable fee for the first reminder, which will be communicated to you in advance.

In addition, the costs of third parties (e.g. lawyers, debt collection agencies) will be charged to the debtor, insofar as these costs were necessary for the appropriate legal action.

7.2 Credit check

For the purpose of credit checking, CRIF Bürgel GmbH Radlkoferstraße 2, 81373 Munich, Germany, will provide us with the address and creditworthiness data stored in its database relating to you, including data determined on the basis of mathematical-statistical procedures, provided that we have credibly demonstrated our legitimate interest.

7.3 Refunds

If payments made to the contractual partner are refunded, this will be done via the payment method used by the contractual partner when placing the order.

7.4 Chargeback

If a direct debit is not possible due to insufficient funds and/or objection, we are entitled to charge a processing fee corresponding to the actual costs incurred.

8. Right of withdrawal

Consumers have the statutory right to cancel, as described in the cancellation policy. Businesses are not granted a voluntary right to cancel. See cancellation at: feragen.at/shop/widerruf/

9. Retention of title

The goods remain our property until the purchase price has been paid in full.

The following also applies to entrepreneurs: We retain title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

10. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.

11. Data backup

You are responsible for backing up your data properly and regularly. We are not liable for any damage resulting from the loss of data if you could have avoided the loss of data by backing up your data regularly and completely.

The above restriction does not apply to claims based on damages caused by us, our legal representatives or vicarious agents:

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty or malice,
  • in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations),
  • within the framework of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is open.

12. Use of data and samples for research and development purposes

The customer grants FERAGEN the right to use the submitted samples and data in anonymized form for research, development and further development purposes. This use is carried out exclusively in compliance with the applicable data protection laws, in particular the GDPR. Anonymization ensures that no conclusions can be drawn about the identity of the customer or the animal.

13. Warranty and guarantees

13.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects applies.

The following restrictions and shortened time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents:

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty or malice,
  • in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations),
  • within the framework of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is open.
Restrictions on entrepreneurs

For businesses, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defects.

The statutory limitation periods for the recourse claim according to Section 445a BGB remain unaffected.

Note to merchants

Among merchants, the obligation to inspect and give notice of defects as set out in Section 377 of the German Commercial Code applies. If you fail to give notice as set out there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

14. Liability

We are liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents:

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations), liability for slight negligence on our part, our legal representatives or vicarious agents is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

15. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

16. Final provisions

For entrepreneurs, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

For merchants within the meaning of the German Commercial Code, legal entities under public law or special funds under public law, our place of business shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationships.

You can view the current terms and conditions at any time at shop.feragen.at/agb .

Should individual clauses of these terms and conditions be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.