General Terms and Conditions (TAC)

These General Terms and Conditions (GTC) apply to UK and Ireland. Click here for Austria & Germany.

These are the General Terms and Conditions (GTC) of Scientific DX GmbH for the portal www.igevia.com (in short "igevia"):

Address: 1030 Vienna, Kolonitzgasse 2A/DG
Management: Dominik Flener, Dr. Thomas Winkler
Phone number: +43 5 99 07 99
e-mail: [email protected]

We invite you to read the terms and conditions at your leisure, as they contain important information and provisions for your order at www.igevia.com. We have refrained from using gender-neutral wording in the wording of the GTCs, as this allows us to ensure that they are easier to read. However, it goes without saying that all personal designations refer to all genders.

1. subject matter of the contract

1.1 A contractual relationship with igevia is exclusively based on these GTC in the currently valid version.

1.2 The offer of www.igevia.com is directed exclusively to customers with residence or habitual abode in the United Kingdom and Ireland.

1.3. igevia operates a portal under the web address www.igevia.com, which enables customers to order different igevia tests. All tests include a Test-Kit with the utensils for secure sample collection at home and return of the sample to an igevia partner laboratory. The results of the analysis are made available to our customers in the Results-Report on the portal www.igevia.com/en/login. The results are also made available via the portal for customers who have purchased the igevia tests through other distribution channels (e.g. doctors or pharmacies).

1.4 Our aim is to make access to modern diagnostics as easy as possible. igevia provides customers with the results of the analysis from the laboratory. igevia explicitly does not offer any interpretation of the laboratory results, as we are convinced that this advice should be provided individually by medical experts. Consequently, the Results-Report provided is not a substitute for a visit to the doctor, which must take place before a fundamental change in lifestyle and eating habits takes place.

1.5 Please always follow the instructions for use that come with every igevia test. Only use the materials provided in the Test-Kit.

1.6 Each igevia test is accompanied by an individual Sample_ID (identification number). With this Sample-ID, you can activate your Test-Kit and link it to your e-mail address.

1.7 You send your sample with the return box directly to our partner laboratory, where your sample is analysed and evaluated. After evaluation of the test, the laboratory sends us the results with your Sample-ID and we make the results available on the portal www.igevia.com/en/login.

1.8 For the purpose of analysis and evaluation of your blood sample, it is necessary that our partner laboratory cooperates with us. Data is collected, processed and exchanged by both partners. However, the data will always and exclusively be linked to your Sample-ID for the laboratory in question, which does not allow the laboratory to draw any conclusions about your personal data or your person. igevia has obliged the partner laboratory to comply with the applicable privacy policy when collecting and processing all data.

2nd user profile

2.1 You can place orders at www.igevia.com/en/shop, stating your billing and delivery address and your preferred payment method.

2.2 When you hold your personal igevia test in your hands, we will ask you to activate it and thus link it to your e-mail address. You can then manage and update your personal data yourself. The results of the laboratory analysis can also be accessed in the user profile.

2.3 The data in the user profile is stored in accordance with our privacy policy.

2.4 You have the right and possibility to have your data deleted at any time. To do so, please contact us at www.igevia.com/en/contact. Your data will then be deleted immediately, unless igevia is allowed or required to store them further due to legal regulations. This is the case, for example, if not all contractually owed services have yet been provided. Further information on the handling of your personal data can be found in the privacy policy.

2.5 Please note that you are obliged to provide all information about your person completely and truthfully when ordering and activating.

2.6 You will be able to access your user profile or Results-Report via the email address you provide during activation. You must ensure that e-mails that you receive from igevia are kept confidential and that the data are not made available to third parties without authorisation. igevia is not responsible and liable for any unauthorised use of your data and for any damage resulting therefrom, if this is due to deficiencies in the safekeeping and confidentiality of access data at the customer's premises.

2.7 To place an order on www.igevia.com or to activate a Sample-ID, you must be at least 18 years old.

3. order process / conclusion of the contract

3.1 The presentation of the igevia tests on the website www.igevia.com does not constitute a binding offer by igevia to conclude a contract for delivery. Rather, customers are given the opportunity to make a binding offer to purchase the selected product.

3.2 You make this offer by selecting the desired number of igevia-Tests in the igevia shop and clicking on the "Confirm order" button at the end of the ordering process. Before submitting your order, you can view, change and delete your order details at any time. To do this, you can use the browser navigation and by selecting text fields to return to pages and fields that have already been filled in, and change the information entered.

3.3 After placing your order, you will receive a confirmation by e-mail to the e-mail address you provided during the ordering process. This order confirmation is not an acceptance of the offer, but merely information about the receipt of the order, stating the order data you have submitted.

3.4 The contract for the delivery of the igevia test and the associated obligation to carry out the analysis in our partner laboratory only comes into effect upon receipt of an order confirmation and/or invoice, which we will send to you in a second e-mail. The acceptance of the offer is at the sole discretion of igevia. You have no right to accept your offer and conclude the contract.

3.5 You are bound to your offer for at least 2 days after receipt of your order. After this period, you may cancel your order at any time until receipt of our order confirmation or invoice, notwithstanding your right of withdrawal. The e-mail by which the order confirmation and/or invoice with the essential contents for the conclusion of the contract is sent to you will be saved by us. Nevertheless, we recommend that you archive our order confirmation and/or invoice as well as the General Terms and Conditions of Business in their currently valid version.

4th cancellation policy - Right of cancellation (right of withdrawal)

4.1 You have the right to cancel this contract without giving any reason within 14 days of the day on which you or a third party (other than a carrier) designated by you took possession of the goods.

4.2 In order to exercise your right of withdrawal, you must inform us of your decision by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form for this purpose, but this is not mandatory. The revocation must be addressed to:

Address:
Scientific DX GmbH
Kolonitzgasse 2A/DG
1030 Vienna
Austria

In the event that the declaration of revocation is sent by e-mail, it must be sent to: [email protected]

In order to comply with the revocation period, it is sufficient to send your notification of the exercise of the right of revocation before the end of the revocation period.

4.3 If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment, we will use a bank account which you are welcome to provide us with in the context of the notice of revocation. Under no circumstances will you be charged for this repayment.

4.4 We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods to us, whichever is earlier.

4.5 You must return the goods to igevia without delay, but no later than 14 days from the date on which you declared your withdrawal. This period is deemed to have been observed if you send the goods before the expiry of this period.

4.6 You bear the direct costs of returning the goods.

4.7 For goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, the right of cancellation (right of withdrawal) does not apply if the seal on the goods has been broken after delivery.

4.8 Sample revocation form

Scientific DX GmbH
Kolonitzgasse 2A/DG
1030 Vienna

  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
  • Ordered on (*)/received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only in the case of communication on paper)
  • Date

5th payment / terms of payment / reservation of title

5.1 The prices stated on www.igevia.com are to be understood as final prices and include the respectively applicable value added tax as well as, in principle, also possible fees (e.g. shipping costs). In individual cases, however, it is possible that special regulations apply to individual fees. If this is the case, you will be informed of this directly in the context of the product presentation as well as during the ordering process.

5.2 The gross purchase price of your shopping cart will be displayed before the order process is completed.

5.3. igevia offers various payment options (e.g. credit card, PayPal, etc.). However, this does not imply any obligation to offer a specific payment method in the future.

5.4 Customers will not incur any additional costs for the use of these payment methods by igevia.

5.5 Payments must be made in the full amount of the purchase price plus any shipping costs.

5.6 Irrespective of delivery, the delivered goods remain the property of igevia until full payment has been received.

6. delivery / shipping / shipping costs

6.1 You have the option of specifying a delivery address for the igevia test during the ordering process. This may differ from the billing address.

6.2 Currently, shipping is only possible to delivery addresses in Austria, Germany, UK and Ireland.

6.3 The exact shipping process is defined and organised by igevia.

6.4 The dispatch of the ordered goods usually takes place 2-4 working days, at the latest 30 days after receipt of payment.

6.5 You agree to organise the return of the sample in such a way that it arrives at our laboratory as soon as possible after acceptance. The sample must be shipped the same day or the next day at the latest. Please note that igevia cannot guarantee that sample results will arrive at our partner laboratory as soon as possible after acceptance.

6.6 If the quality and quantity of the sample you send us is not sufficient for analysis, it is possible to request a new sample from you. We would like to point out that in this case, a new igevia test can be ordered by you on goodwill terms. You will be informed of the current goodwill conditions in an e-mail before ordering.

7. warranty, liability

7.1. igevia renders all services indicated and operates the website www.igevia.com according to the current state of the art and the organisational framework.

7.2. igevia reserves the right to modify or discontinue the services or the site.

7.3 The provisions of the legal warranty apply. The warranty period for the delivery of movable goods is two years from the date of acceptance of the goods.

7.4 Complaints due to legal warranty claims can be made under the contact information in the imprint.

7.5. igevia uses a secure transmission method (SSL) for the transmission of customer data to ensure the highest possible security standard.

7.6. igevia assumes no responsibility for any interruptions, malfunctions, deletions, faulty transmissions or memory failure in connection with the use of services or communication with the customer. Likewise, igevia is not liable for delay or impossibility of service due to force majeure (e.g. strike, fire, war, theft, etc.) or due to reasons beyond igevia's control (e.g. due to official orders or technical changes).

7.7 In the event of maintenance work, the service offered may be limited - the customer has no claims whatsoever.

7.8 In general, igevia's liability for financial losses is limited to cases of intent or gross negligence on the part of igevia or its vicarious agents. Liability for slight negligence is excluded. The aforementioned limitations of liability do not apply to bodily injury or damage to health attributable to igevia. As far as the liability of igevia is excluded, this also applies to its vicarious agents.

7.9. igevia does not warrant that the information, images or graphics, descriptions or other content of the Site is complete, accurate, reliable, secure, updated or error-free. The customer will inform igevia as soon as he/she becomes aware of any errors, contradictory information or content on the Site or the Services and agrees to the actions and changes made by igevia.

7.10. Unfortunately, igevia cannot guarantee the general usability, accuracy and correctness of data or content on www.igevia.com. Similarly, no guarantee can be given that the services provided by igevia will always function without interruption, punctually or without errors, or that errors on the site will be corrected immediately.

7.11. As a customer, you understand that any materials or documents downloaded or opened via the Site and your user profile on www.igevia.com are your own responsibility and that igevia is in no way responsible for any damage or loss resulting from such actions.

8. indemnification & indemnity

8.1 Customers expressly declare that they will fully indemnify and hold igevia harmless in the event of claims that are attributable to their activities (e.g. due to incorrect or otherwise illegal data, illegal use of the site, etc.). This applies in particular to any claims against igevia, which result from

  1. Content and information that customers enter, publish or transmit on www.igevia.com,
  2. the Customer's use of the Website or the Services,
  3. the violation of site rules,
  4. the violation of the rights of another person or organisation by customers; or
  5. viruses, Trojans, worms or similar harmful or disadvantageous programs from customers.

9. final provisions

9.1 Austrian substantive law shall apply to this contractual relationship, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.

9.2 It is agreed that the respective court in Vienna, Austria, with jurisdiction over the subject matter shall have non-exclusive jurisdiction. As a result, claims in connection with the contractual relationship with igevia arising from consumer protection may be asserted either in Vienna, Austria, or in the member state in which the consumer has his or her residence or habitual abode.

9.3 The contractual language is German.

9.4 Should individual provisions of these General Terms and Conditions of Business contradict the legal regulations and be invalid, the remaining provisions shall remain unaffected.

9.5 In accordance with EU Regulation No. 524/2013, the EU Commission provides a website (OS Platform) which serves to settle out-of-court disputes arising from online legal transactions between consumers and companies from the EU. The OS platform of the EU Commission can be found under this link: http://ec.europa.eu/consumers/odr/

9.6 Customers may also submit a complaint directly to igevia at the following e-mail address [email protected]]([email protected]).

9.7 Links to other sites or information are a free service provided by igevia for the convenience of customers. We make every effort to keep the links up-to-date, but would like to point out that we have no influence on the content and quality of the links.

9.8. logos, graphics, names and other documents and materials shown on www.igevia.com are the property of Scientific DX GmbH. Customers are not entitled to use them without the prior written consent of Scientific DX GmbH.

9.9. igevia is entitled to make changes to these terms and conditions, as long as these changes are minor, objectively justified and reasonable for consumers. igevia will inform all customers in advance in writing or by e-mail about all such changes or amendments. Each customer has the right to object to the amendment of the T&Cs in writing within one month after receipt of the notification of the amendment, otherwise the amended T&Cs are deemed accepted. igevia will inform the consumer separately and before the beginning of the period about this right of objection and the consequences of not objecting.

9.10. igevia always uses the last address provided by the customer for the transmission of written statements. Shipments sent to this address are considered received.

9.11. The general terms and conditions can be viewed at any time here: www.igevia.com/en/tac. We recommend that you archive the GTC in their currently valid version.

Last updated: July 2020

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