These General Terms and Conditions (GTC) apply to the United Kingdom and Ireland and are therefore exclusively written in English.

These are the General Terms and Conditions of the igevia GmbH (called “igevia”):

Address: 4020 Linz, Industriezeile 36/5
Managing Directors: Gerhard Feilmayr, Dominik Flener
Phone number: +44 1905 940023
Email: [email protected]

We invite you to read the terms and conditions carefully, as they provide important information and regulations for your order at www.igevia.com.

1. Subject of the contract

1.1. A contractual relationship with igevia is concluded exclusively on the basis of the General Terms and Conditions in the currently valid version.

1.2. The services of www.igevia.com are currently only directed at customers with domicile or habitual place of residence in the United Kingdom or Ireland.

1.3. igevia uses a portal with the domain www.igevia.com, which allows customers to order the igevia box. With the equipment provided with the igevia-Box, customers can take a small amount of blood (0.5ml) at home. For an analysis the customer needs to send the blood sample to our partner labora-tory with the envelope enclosed in the igevia box. The results of the analysis are made available to our customers in the igevia allergen report on the portal www.igevia.com. For customers who have purchased the igevia-Box through other distribution channels (for example doctors or pharmacies), the results are also made available via the portal www.igevia.com.

1.4. Our goal is to make the access to allergen diagnostics as easy as possible. igevia gives access to the blood analysis results from the laboratory on the portal. igevia explicitly offers no interpretation of the laboratory results, because we are convinced that this consultation should be provided individually by specialists. Thus, the provided igevia-Allergen-Report is not a substitute for a doctor’s visit, which must take place before changing any living and eating habits.

1.5. Please always follow the instructions that are provided in the igevia-Box. For the blood sample please only use the equipment which is provided with the igevia-Box.

1.6. With each igevia-Box comes an individual ID (identification number). With this ID you can activate your igevia-Box and link it to your Email address.

1.7. You will send your blood sample directly to our partner laboratory, using your return envelope included in the box, where your sample will be analyzed and evaluated. After the evaluation, the lab submits the results to us connected to your ID and we provide you with the results on the portal at www.igevia.com.

1.8. For analyzing and evaluating your blood sample, it is necessary for our partner laboratory to work with us. Data is collected, processed and exchanged on both sides. In our partner laboratory your data is linked exclusively only to your ID, so no personal data is visible and the data cannot be associated with any particular individual. igevia has obligated the partner laboratory to always comply the applicable data protection regulations during the collection and processing of all data.

2. User profile

2.1. You can place an order stating the billing and delivery address as well as your preferred payment method on www.igevia.com.

2.2. When you receive your personal igevia-Box, you will be asked to activate it and link it to your email address. After completing the activation you can manage and update your personal data yourself. The results of the laboratory analysis are also available in your user profile.

2.3. The storage of the data in the user profile is according to our privacy policy.

2.4. You have the right and the opportunity to have your data deleted at any time. Therefor contact us at www.igevia.com/help. Your data will be deleted immediately, if igevia doesn’t have to or is allowed to save it due to legal regulations. This would be the case, if not all contractually owed obligations have been fulfilled. Further information on the handling of your personal data can be found in the privacy policy, available at https://www.igevia.com/privacy.

2.5. Please note that you are obliged to provide complete and truthful information about your data when ordering and activating the product.

2.6. You will have access to your user profile and your igevia-Allergen-Report with the email address you supply when activating the Box. You must ensure that emails that you receive from igevia are kept confidential and that the data is not made accessible to third parties without authorization. igevia is not responsible and liable for an unauthorized use of your data and for any resulting damages, as far as this is due to deficiencies in the safekeeping and confidentiality of access data of the customer.

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

3. Ordering process / conclusion of contract

3.1. The presentation of the igevia box 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 submit a binding offer to purchase the selected product.

3.2. You make this offer by selecting the desired number of igevia-Boxes in the igevia shop and click-ing the "Order with obligation to pay“" button at the end of the order process. Before submitting the order, you can view, change and delete your order data at any time. To do this, you can use the browser navigation and text boxes to redirect pages and fields that have already been filled in and to change the en-tered information.

3.3. After the order is made you will receive a confirmation email to the email address you entered in the order process. This confirmation of receipt is not an acceptance of your offer, but only acknowledgement that we have received your order stating the order data you have submitted.

3.4. We only accept your offer and conclude the contract of sale of the ordered igevia-Box and the obligation to carry out the analysis in our partner laboratory by an order acceptance and/or an in-voice, we send to you in a second e-mail. The acceptance of the offer is at the sole discretion of igevia. Customers shall have no claim for the acceptance of its offer and/or conclusion of any con-tract.

3.5. You shall be bound to your offer at least 2 days after we have received your order. After this period, you can cancel your order at any time until receipt of the order acceptance or invoice without affecting your right of withdrawal.

3.6. The email sent to you, containing the order confirmation and/or invoice with the essential information on the conclusion and content of the contract, will be stored by us. Nevertheless, we recommend that you archive our order confirmation and/or invoice as well as the General Terms and Conditions in the currently valid version.

4. Right of withdrawal

4.1. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you aquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

4.2. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (eg a letter sent by post or e-mail). You can use the attached model withdrawal form but the use is not obligatory. The withdrawal must be sent to the following address:

igevia GmbH
Indsutriezeile 36/5
4020 Linz
Austria

In the case of sending your notice of withdrawal via e-mail, it must be sent to: [email protected]
To meet the withdrawal deadline it is sufficient for you to send off your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

4.3. If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery charges, without undue delay and at the latest within 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reim-bursement using the same means of payment as you used for the initial transaction, unless otherwise agreed with you. In any event, you will not incur any fees as a result of such reimbursement.

4.4. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest.

4.5. You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

4.6. You will have to bear the direct cost of returning the goods.

4.7. For goods that are delivered sealed and for reasons of health protection or hygienic reasons are not suitable for return, there is no right of withdrawal, if the goods have been unsealed after delivery.

4.8. Model withdrawal form (complete and return this form only if you wish to withdraw from the contract):

To: igevia GmbH, Industriezeile 36/5, 4020 Linz, [email protected]:

– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
– Ordered on (*) / received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date

5. Payment / terms of payment / retention of title

5.1. The prices quoted on www.igevia.com are final and include applicable VAT as well as any applicable fees (eg shipping costs). In individual cases, however, it is possible that special rules apply to individual fees. In thiscase, you will be informed accordingly in the context of the product presentation as well as in the course of 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 different payment options (eg credit card, PayPal, etc.). However there is no obligation to offer a specific payment method in the future.

5.4. For clients, the use of these payment methods by igevia does not incur any additional costs.

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

5.6. The delivered goods remain the property of igevia, irrespective of their delivery, until their complete payment.

6. Delivery / Shipping / Shipping Costs

6.1. You have the option of specifying a delivery address for the igevia-Box as part of the ordering process. It may differ from the billing address.

6.2. Shipping is currently only possible to delivery addresses in the United Kingdom and Ireland.

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

6.4. The dispatch of the ordered goods usually takes 2-4 working days, but no longer than 30 days after receipt of payment.

6.5. You agree that you will organize the return of the blood sample in a way that it arrives at our laboratory as soon as possible after the blood draw. It should be sent on the same day, or on the next day at the latest. We expressly point out that igevia cannot give any guarantee for sample results that arrive at our partner laboratory too long after the blood draw.

6.6. If the quality and quantity of the blood sample submitted by you is insufficient for the analysis, our partner laboratory is entitled to request a fresh blood sample from you. We would like to point out that in this case a new igevia box can be ordered at goodwill conditions. The current goodwill condi-tions will be communicated to you in an information e-mail before ordering.

7. Warranty, Liability

7.1. igevia provides all specified services and operates the website www.igevia.com according to the current state of the art and the organizational framework.

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

7.3. The statutory provisions with regard to warranties of sales shall apply. The warranty period shall be 5 years for Scotland and 6 years for England, Wales, Northern Ireland and Ireland.

7.4. Warranty claims can be asserted using the contact information as provided in the imprint.

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

7.6. igevia accepts no responsibility for any interruptions, errors, deletions, transmission errors or memory failure in connection with the use of services or communication with the customer. Likewise, igevia is not liable for any delay or impossibility of performance as a result of force majeure (eg strike, fire, war, theft, etc.) or for reasons that are not in the sphere of igevia (for example as a result of offi-cial orders or technical changes).

7.7. In the case of maintenance work, restrictions may be imposed on the service offered - the customer does not stand any claims resulting this.

7.8. In general, the liability of igevia for damages, including financial losses is limited to cases of intention or gross negligence of igevia or its vicarious agents. Liability for slight negligence is excluded. The above limitations of liability do not apply to personal injury and damage to health attributable to igevia. As far as the liability of igevia is excluded, this also applies to their vicarious agents.

7.9. igevia does not guarantee that information, images or graphics, descriptions or other content on the site is complete, accurate, reliable, secure, updated or error-free. The customer will inform igevia as soon as he notices errors, contradictory information or content on the site or the services and agrees with 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. Likewise, it cannot be guaranteed that the services of igevia will always work without interruption, punctually or without error, or that errors on the site will be rectified immediately.

7.11. As a customer, you understand that all 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 these actions.

8. Damage & Complaint

Customers expressly declare that they will fully indemnify and hold igevia harmless in the event of claims arising from their activities (for example due to incorrect or otherwise unlawful data, unlawful use of the site, etc.). This applies in particular in case of claims against igevia arising out of

a. Content and information, that customers enter, post or transmit on www.igevia.com,
b. the use of the website or services by the customer,
c. violation of page rules,
d. infringement of the rights of another person or organization by customers or
e. Viruses, Trojans, worms or similar malicious or adverse programs by customers results.

9. Applicable Law, Final provisions

9.1. These Terms and Conditions and all contractual relationship under these Terms and conditions shall be governed by Austrian substantive law, excluding the rules of the conflict of laws and the United Nations Convention of Contracts for the International Sale of Goods. Furthermore consumers with domicile or habitual place of residence in the EU additionally enjoy the protection afforded by mandatory provisions of the law of the consumer’s country of residence.

9.2. It is agreed to submit to the non-exclusive jurisdiction of the courts of the local competent court in Linz, Austria. This means that a claim to enforce consumer‘s protection rights in connection with these General Terms and Conditions can be brought to court in Linz, Austria or in the EU country in which the consumer has its domicile or habitual place of residence.

9.3. Contract language is English.

9.4. If individual regulations of these General Terms and Conditions contradict the statutory regula-tions and are ineffective, the regulations remain otherwise unaffected.

9.5. In accordance with EU Regulation No. 524/2013, the EU Commission provides a platform for the resolution of out-of-court disputes arising from online legal transactions between consumers and EU entrepreneurs. The EU Commission's OS platform can be found at: http://ec.europa.eu/consumers/odr/.

9.6. Customers can also file a complaint directly to igevia at the following e-mail address: [email protected]

9.7. Links to other sites or information are a free service from igevia and serve the convenience of the customers. We always strive to keep the links up to date, but 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 owned by igevia GmbH. Customers are not entitled to use these without the prior written consent of igevia GmbH.

9.9. igevia is entitled to make changes to these General Terms and Conditions, provided that these are slightly, objectively justified and reasonable for consumers. igevia will inform all customers in ad-vance in writing or by e-mail about any such changes or supplements. Each customer has the right to object in writing to the change of the GTC within one month from receipt of the notification of the change, otherwise the changed GTC shall be deemed accepted. igevia will inform the consumer separately and before the deadline on this right of objection and the consequences in the absence of the opposition.

9.10. For the transmission of written explanations, igevia always uses the last address given by the customer. Items of correspondence sent to this address are considered received.

9.11. The contract text is not stored by us. We recommend you to archive our order confirmation and the current GTC.

9.12. The terms and conditions can be viewed here at any time: www.igevia.com/terms-and-conditions.

Last update: October 2018

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