Terms and Conditions

GENERAL TERMS AND CONDITIONS

of antibodies-online GmbH, Aachen, Germany ('antibodies-online') for business transactions with companies and public entities.

§ 1 Scope of Application/Contradictory General Terms and Conditions
(1) antibodies-online provides the following on its domains ('websites')
  • antikoerper-online.de
  • antibodies-online.com
  • anticorps-enligne.fr
  • antibodies-online.cn
a global offering of research reagents and kits which may be purchased by scientists and employees of research institutions and organizations.
(2) The following General Terms and Conditions of antibodies-online apply to all contracts, deliveries, and other services, including consultancy services.
(3) If the client places orders on the basis of its own Terms and Conditions of Purchasing, the following General Terms and Conditions shall apply only in a subsidiary manner with regard to all points on which they do not contradict the client’s Terms and Conditions of Purchasing.
§ 2 Contracting Party; Requirements for Entering into a Contract
(1) In case of the conclusion of a contract, the contract will be entered into with:

antibodies-online GmbH
Schloß-Rahe-Str. 15
52072 Aachen
Deutschland
Tel.: +49 (0)241 95 163 153
Fax: +49 (0)241 95 163 155
Email: orders@antikoerper-online.de

HRB Aachen 13919
Steuernr.: 201/5944/3111
Umsatzsteuer-ID: DE251852438

(2) concludes contracts exclusively with companies as defined under Section 14 German Civil Code and public entities ('Customers') purchasing the products and/or services from antibodies-online in order to perform scientific research. antibodies-online reserves the right to request proof thereof from the customer before concluding the contract.
§ 3 Content and Offering on the Platform
(1) antibodies-online presents its own products and those of various providers on its websites and offers product-related content for informational purposes. Information provided in our publications is subject to modification.
(2) By making a purchase, the buyer shall not acquire any rights to use of the trademarks or any other industrial property rights from antibodies-online or its providers.By purchasing our products, the buyer shall not be granted any rights to patents or licenses.
§ 4 Offers & Conclusion of Contracts
(1) The presentation of products on the antibodies-online website is not a legally binding contractual offering, but only a non-binding offer to customers to order products. By ordering the requested products, the customer makes an offer that is binding for the conclusion of a contract. The contract will come into effect when our order confirmation is received by the customer.
(2) By placing the order, the customer confirms that the prerequisites of § 2(2) comply with these General Terms and Conditions. antibodies-online reserves the right to make the confirmation of the order dependent on suitable proof.
(3) The customer undertakes to review the information on the order confirmation immediately for accuracy and to report independently within 48 hours if there are deviations. If we are not notified of any deviations, the contract will come into effect under the conditions stated in the order confirmation.
(4) Our General Terms and Conditions and the General Terms and Conditions of Purchasing will always take priority over conditions stated in the order confirmation.
§ 5 Ordering Options
The customer may transmit its order in the following ways:
§ 6 Cancellation by the Customer
(1) The customer may cancel its order with antibodies-online within 24 hours of receipt of the order confirmation without any further consequences. The customer will not have any right of withdrawal, however.
(2) In case of cancellations after 24 hours of order confirmations, antibodies-online may take back the ordered products on a voluntary basis, at its own discretion, and with the issuing of an invoice of a 30% restocking fee, transport costs and any customs duties.
(3) If the buyer has already received the products and if antibodies-online agrees to a return of the products, the products must be returned in the original or appropriate packaging and with the necessary cooling. In case of cancellation, antibodies-online will bear the shipping risk. The customer will be charged for returned products, which are classified as defective as a result of incorrect or interrupted cooling or for other reasons at the discretion of antibodies-online.
§ 7 Warranty; Money-Back Guarantee
(1) The information on the features of our products (contents, quantity information, technical data, etc.) can only be treated as approximate values due to the nature of the products. This shall also apply to the information provided by us and our providers on the product data sheets. Minimal deviations that are customary in the industry shall not entitle the customer to any warranty claims. The customer will check the supplied product immediately after the delivery by antibodies-online to see whether it is of the quality that is specified in the product description.
(2) If a product is not of the quality specified in the product description, the customer will be entitled to a replacement from antibodies-online. In order for antibodies-online to perform the exchange or replacement appropriately, the customer must inform us of the defect and request rescission immediately after the defect is determined, at the latest, however, within 90 days of receipt of the product. If no complaints are made about the product, it shall be considered approved. The use or processing of the products will also be considered as confirmation of delivery in line with the contract and will exclude claims for defects, unless it was only possible to determine that the product was defective by using it. Any claims arising from the fact that a product is defective shall expire at the latest 90 days after the transfer of risk.
(3) In case of a complaint arising from a defect in the product delivered, antibodies-online reserves the right to request an informational report on the measurement results. If the material defect is comprehensible, the customer will be given its money back or an appropriate credit to the invoice amount. antibodies-online will arrange for the products to be collected. The customer must ensure that the packaging is appropriate for transportation.
(4) The risk of accidental destruction or deterioration will only be transferred to the customer when the product is handed over.
(5) antibodies-online shall guarantee the delivery against theft, breakage, transport, fire, and water damage, as well as other insurable risks. The costs of insurance are included in the transport costs.
(6) If the customer’s acceptance is delayed, the risk of accidental destruction or deterioration will pass to the customer at the time when the delay in acceptance begins.
§ 8 Liability
(1) antibodies-online shall be liable without limitation for damage arising from culpable harm to life, body or health.
(2) antibodies-online will only be liable for other damage if such damage was caused intentionally by or through the gross negligence of antibodies-online, its legal representatives, employees or vicarious agents. Furthermore, antibodies-online will be liable in case of slight breach of material contractual obligations ('cardinal obligations'), however, this will be limited to damage that is typically foreseeable for the contract. Material contractual obligations will be those whose completion enables the proper performance of this contract and that the contractual party could normally rely on to be complied with.
(3) Further claims by the customer, in particular claims for damages as a result of lost profit, other property damage, or other damage that was not caused to the supplied products themselves shall be excluded. This exclusion of liability will not apply if antibodies-online, its legal representatives or vicarious agents have acted intentionally or in a grossly negligent manner and if there is an error with regard to the guaranteed quality of the item, if and to the extent to which the purpose of the guarantee was to secure the customer against damage that did not occur to the product itself.
(4) antibodies-online shall not be liable under this contract for services provided by third parties on the basis of a separate contract with the customer.
(5) Liability of antibodies-online is excluded in particular if the products sold by us are used for other purposes than those stated on the product data sheet.
(6) Mandatory statutory provisions, such as the German Product Liability Act, shall remain unaffected by the provisions hereinabove.
§ 9 Use of the Products Supplied
(1) By placing an order, the customer ensures that the purchased products will be used for research only, or in vitro, with exception of products that are certified for diagnostics. The end user must be familiar with the procedure for handling these products and the statutory provisions involved. The products may only be used by trained staff in laboratories equipped for the purpose and must not be passed on to private persons.
(2) The customer undertakes to ensure that the products purchased are used within the applicable usage and security regulations and are disposed of properly.
(3) Any use of the purchased substances contrary to ethical, legal, or political standards shall not be permitted.
(4) Any consultation provided by us is to be considered as non-binding advice from us. It shall not release the buyer from the obligation to perform its own checks on the products to ensure that they are suitable for the intended procedures and purposes, or from its own duty of care. The user must comply with the necessary duty of care even if there is no clear hazard symbol.
§ 10 Prices & Payments
(1) The prices stated on the antibodies-online websites are net prices and exclude shipping and any customs duties. The customer shall be charged for these and they shall be listed separately on the order confirmation/invoice.
(2) Payment default shall be given in accordance with Section 286(3) German Civil Code at the latest 30 days after the due date without any further reminder. In case of delayed payment, antibodies-online is entitled without any further proof to charge interest on arrears totaling 8% above the base interest rate (Section 288(2) German Civil Code). The possibility of asserting further claims for damages as a result of default shall remain unaffected.
§ 11 Delivery
(1) The delivery times stated on the product websites shall give a rough idea of the timing of orders. The delivery times stated in the order confirmation from antibodies-online shall be governing. If antibodies-online obtains information on a delay in delivery, it will notify the customer immediately. If the delay is not acceptable for the customer, this shall not entitle it to cancel or withdraw from the order.
(2) If the delivery date is delayed on multiple occasions or if the delay is not reasonable for the customer, it shall be entitled to withdraw from the contract in accordance with statutory provisions.
(3) In all cases, antibodies-online will not be liable for indirect damages, consequential damages, or economic losses, which are incurred by the buyer as a result of a delayed delivery.
(4) The agreed delivery time will be considered to have been complied with if the products have left our warehouse in a timely manner. Timely performance on our part requires that all commercial and technical issues have been clarified between the customer and antibodies-online and the customer has performed all obligations, which it has a duty to perform.
(5) If we are not responsible for the delay, for example in case of energy shortages, import difficulties, interruptions in operations and traffic, strikes, or force majeure, the delivery time will be extended accordingly. Claims for compensation for damages by the customer shall be excluded.
(6) antibodies-online shall be entitled to make partial deliveries if this is reasonable for the customer.
(7) In case of a delay in acceptance or other culpable breach of obligations to cooperate by the customer, we are entitled to compensation for arising damages, including any additional expenses. Further claims shall remain unaffected.
(8) Current delivery costs can be accessed at Shipping costs.
§ 12 Retention of Title
The products delivered shall remain the property of antibodies-online until full payment is made. Assignment and sale as collateral or pledging of goods while retaining ownership shall not be permitted. The agreed retention of title shall remain unaffected by the placing of receivables in an ongoing invoice by means of reorganization and recognition of the balance.
§ 13 Privacy Policy
Data received from the buyers in connection with the use of the platforms shall be used by antibodies-online in compliance with statutory provisions and treated as confidential. Otherwise, the Privacy Policy shall apply, which can be accessed at: Privacy Statement.
§ 14 Place of Performance; Applicable Law; Legal Venue
(1) Exclusive place of performance for any and all obligations under this contractual relationship shall be Aachen, Germany.
(2) The laws of the Federal Republic of Germany shall apply in exclusion of the United Nations Convention on contracts for the International Sale of Goods and the conflict of laws rules.
(3) Exclusive legal venue for all disputes directly or indirectly arising from the contract, including from checks and bill of exchanges, is Aachen, Germany. In any collection procedure, the statutory legal venue shall always apply.
§ 15 Severability Clause
Should individual clauses of these General Terms and Conditions not become integral part of this contract in whole or in part or be or become invalid, null and void or contestable in whole or in part, the effectiveness of the remaining clauses or the remaining parts of the contract itself shall remain unaffected. In compliance with statutory provisions, the respective clause is then to be replaced by an effective clause most closely resembling the intended economic purpose of the ineffective, null and void or contestable provision. The same shall apply to gaps, if any.