General Terms and Conditions of NUTAGEN Nutrigenetics GmbH

1. Scope of application

1.1. These General Terms and Conditions (GTC) apply to all business relationships between NUTAGEN Nutrigenetics GmbH (hereinafter referred to as “we,” “us,” or ‘our’) and our customers (hereinafter referred to as “customer”) for the areas of performing and arranging epigenetic laboratory analyses, the associated reporting, and the distribution of dietary supplements.
1.2. Deviating or supplementary terms and conditions of the customer will not be recognized unless we expressly agree to them in writing.

2. Conclusion of contract

2.1. Our offers are subject to change and non-binding.
2.2. A contract is only concluded upon our written order confirmation or upon delivery of the goods.
2.3. Verbal side agreements require written confirmation.

3. Product information and disclaimer

3.1. Our epigenetic laboratory analyses and reports do not contain medical diagnoses or therapy recommendations for medical indications; our dietary supplements are not medicines, have no pharmacological effect, and are not intended to treat or cure diseases. The laboratory analyses and the associated reports are carried out and prepared in our partner laboratory in the EU.
3.2. The information on our website and on the product packaging does not replace the advice of a doctor or pharmacist.
3.3. Before using the analysis kit and taking dietary supplements, the customer is obliged to read all relevant product information carefully and, if necessary, seek medical advice.
3.4. We accept no liability for damage caused by improper use or intake of our products.

4. Prices and terms of payment

4.1. All prices are quoted in the currency specified plus the applicable statutory value added tax, if applicable.
4.2. Payment shall be made in advance, unless otherwise agreed.
4.3. In the event of late payment, we are entitled to charge interest on arrears at a rate of 12% per annum.
4.4. The customer is only entitled to offset or withhold payment if their counterclaims have been legally established or recognized by us.

5. Delivery and shipping

5.1. Delivery is made from our distribution warehouse.
5.2. Delivery times are non-binding unless a binding deadline has been expressly agreed.
5.3. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover to the customer or the carrier.
5.4. Shipping costs shall be borne by the customer, unless otherwise agreed.

6. Retention of title

6.1. The delivered goods remain our property until the purchase price has been paid in full.
6.2. The customer is obliged to treat the goods with care during the retention of title and to inform us immediately of any seizures or other interventions by third parties.

7. Warranty

7.1. In the event of defects in the goods, we shall be entitled, at our discretion, to remedy the defect by repair or replacement.
7.2. If the remedy fails, the customer may, at their discretion, demand a reduction in price or withdrawal from the contract.
7.3. Obvious defects must be reported to us in writing within 5 days of delivery, otherwise warranty claims are excluded.

8. Liability

8.1. We are only liable for intent and gross negligence.
8.2. Liability for slight negligence is excluded.
8.3. Liability for indirect damage, consequential damage, and loss of profit is excluded.
8.4. The limitations of liability do not apply to damage resulting from injury to life, limb, or health.

9. Data protection

9.1. We collect, process, and use the customer's personal data in accordance with the statutory provisions.
9.2. The customer has the right to information, correction, deletion, and blocking of their personal data.
9.3 For further information on data protection, please refer to our specific data protection provisions.

10. Applicable law and place of jurisdiction

10.1. Swiss law applies.
10.2. The place of jurisdiction for all disputes arising from or in connection with this contract is Feusisberg (Switzerland).

11. Final provisions

11.1. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
11.2. Amendments or additions to these GTC must be made in writing.