General Terms and Conditions

General Terms and Terms and conditions of neotes GmbH

Introduction

neotes offers customers services for the purpose of detecting and preventing disease risks and ageing processes. These include the following services:

Diagnostics

neotes enables customers to have the following tests carried out:

bioAge test

The bioAge test is an epigenetic age test used to measure biological age and to create a fitness and nutrition profile for the purpose of adapting the customer’s health strategy.

Procedure of the test:

After ordering, the customer receives the test kit by post. The customer then registers with the kit ID contained therein. The customer takes the blood drops according to the enclosed instructions (self-test), registers himself and the test kit online and then sends the properly packaged sample collection card in the prepaid envelope to the laboratory (Life&Brain, Bonn). After the sample has been analyzed by the laboratory, which takes approximately four weeks from receipt of the sample, the customer is provided with a detailed bioAge report online by neotes.

The premium package includes additional measurements and the option of evaluating the test results with a specialized longevity doctor.

Intestinal flora test

The intestinal flora test is carried out using DNA-based microbiome analysis and is used for a detailed assessment of intestinal health in order to improve quality of life, particularly with regard to digestion, nutrition and weight.

Procedure of the intestinal flora test:

After ordering, the customer receives the test kit by post. The customer takes the stool sample (self-test) according to the enclosed instructions, registers himself and the test kit online and then sends the properly packaged sample collection card in the prepaid envelope to the laboratory (BIOMES NGS, Wildau). Within 2-3 weeks after the sample has been analyzed by the laboratory, BIOMES NGS will provide the customer with his intestinal flora report online.

Longevity bloodAge test (hormone and bloodAge test)

The Longevity-bloodAge test consists of the measurement of over 50 blood parameters including hormone parameters.

The bloodAge test measures age-related parameters and is used to determine the body’s state of health based on over 50 biomarkers.

Procedure of the bloodAge test:

When ordering, the customer selects a referring doctor in their area on the website, with whom they then make an appointment for a blood sample to be taken. The referring doctor sends the blood sample to the laboratory of the Hormonzentrum an der Oper, Munich, for analysis.

Once the sample has been analyzed by the laboratory, the results are sent to the referring doctor, who contacts the customer to arrange an appointment to evaluate the results of the bloodAge test and provide advice. The doctor will make treatment recommendations if necessary and issue prescriptions… These prescriptions are not part of the scope of the bloodAge test.

Omega-3 test

The omega-3 test is used to check the body’s omega-3 level to determine whether the body is sufficiently supplied with DHA and EPA.

Procedure of the Omega3 test:

After ordering, the customer receives the test kit by post. The customer takes the blood drops according to the enclosed instructions (self-test) and then sends the properly packaged sample collection card in the prepaid envelope to the Omegemetrix laboratory and registers himself and his test kit according to the instructions. Within a few days of the sample being analyzed by the laboratory, Omegametrix provides the customer with a digital omega-3 report.

NAD test

The NAD test is used to check the intracellular NAD level to determine the need to take measures to optimize the health span.

Procedure of the NAD test:

After ordering, the customer receives the test kit by post. The customer then registers with the kit ID contained therein. The customer takes the blood drops (self-test) according to the enclosed instructions and then sends the properly packaged sample collection card in the envelope to the Jinfinity Inc. laboratory in the USA at their own expense. The sample is analyzed by the laboratory within approximately two weeks. The NAD report is then made available to the customer online by Jinfinity Inc.

Micronutrients

neotes also sells the micronutrients listed on the neotes.com website subject to availability.

BioCoach

The BioCoach Program is a holistic approach that paves the way to an individual longevity lifestyle for customers by improving medical parameters, replacing the body’s own vital substances and taking measures to reduce stress and biological age. The BioCoach Program is offered as a subscription model at the monthly prices shown on the website and includes different services depending on the level selected by the customer. A total of three subscriptions are available:

The “Basic M6” subscription includes the following partial services:

BioAge-Test Premium (see A. I.) + recurring test every 6 months
Intestinal flora test (see A. II.) + recurring test after every 6 months
Recurring longevity consultation after bioAge and intestinal flora tests
two micronutrients per month

The “Basic M12” subscription includes the following partial services:

BioAge-Test Premium (see A. I.) + repeat test after every 12 months
Intestinal flora test (see A. II.) + repeat test after 12 months
Recurring longevity consultation after bioAge and intestinal flora tests
two micronutrients per month

III The “Premium M12” subscription includes the following partial services:

BioAge-Test Premium (see A. I.) + repeat test after every 12 months
Intestinal flora test (see A. II.) + repeat test after 12 months
Recurring longevity advice after the bioAge and intestinal flora tests
five micronutrients per month
Longevity-bloodAge test (hormone test and bloodAge test, see A. III.) + repeat test after 12 months in each case
Recurring longevity advice according to the longevity-bloodAge test

The following optional services can be booked in addition to all three subscriptions:

Fitness coaching
Nutrition coaching
Motivational coaching
Sharing experiences in the group

The Customer may give consent for neotes’ IT partner, Datarella GmbH, Oskar-von-Miller-Ring 36, 80333 Munich, Germany, to transmit the Customer’s health data, including data from the Customer’s wearables, for optimized compilation. The customer receives more detailed information in § 12 of these GTC and in the separate privacy policy on the neotes website.

Other consultations

Longevity consulting

neotes offers customers the opportunity to book individual 25-minute longevity consultations in which the results of a bioAge-Test Basic and the resulting recommendations for action are discussed, possibly in conjunction with other health data.

Nutritional advice

neotes enables customers to develop personalized nutritional recommendations for everyday life with a nutrition expert. The scope of services includes three 45-minute sessions. The sessions focus on the following:

Session: stocktaking and goal setting; first concrete tips
Session: Recommendations for action and guidance on practical implementation
Session: specialist advice for more serious problems

III Free advice

The free consultation offered on the neotes website is a non-binding initial consultation. This does not result in the conclusion of a contract; these GTC do not apply to this consultation.

Membership

neotes offers its customers the opportunity to benefit sustainably from special offers for long-term customers by taking out memberships.

Membership is offered in the following three models with the benefits listed:

Starter membership:

Free shipping (no minimum order value)
Invitation to exclusive community events
Exclusive discount codes for members
Early access for new products
Advice from a longevity concierge
Prioritized treatment by customer service

Professional membership:

in the 1st month: implementation of the bioAge test Premium incl. Longevity consulting
in the 2nd to 13th month: receipt of up to three micronutrients corresponding to the customer’s individual requirements
in the 14th month: review progress by repeating the bioAge test Premium

III Expert Membership:

in the 1st month: implementation of the bioAge test Premium incl. Longevity consulting
in the 2nd to 13th month: receipt of up to three micronutrients corresponding to the customer’s individual requirements
in the 14th month: review progress by repeating the bioAge test Premium
Receive exclusive product gifts for special occasions
Monthly, personal exchange with a qualified nutritionist
Weekly, individual fitness coaching to optimize health and performance

1 Scope of application

(1) These General Terms and Conditions (hereinafter: Terms and Conditions) govern the legal relationship between neotes GmbH and its customers (hereinafter: “Customer(s)”) with respect to the delivery of test analyses presented by neotes GmbH via the website www.neotes.com.

(2) Unless otherwise agreed in writing, these Terms and Conditions shall apply exclusively. Any provisions of the customer that conflict with or deviate from these terms and conditions are not recognized and their use is expressly rejected.

2 Registration for a customer account

(1) The customer can order test analyses via his customer account. However, a customer account is not a prerequisite for placing an order. The order can also be placed via a so-called guest account.

(2) The customer has the option of registering for a customer account on the neotes GmbH website(www.neotes.com). Registration requires the provision of the customer’s personal data and the customer’s consent to the validity of these General Terms and Conditions. The General Terms and Conditions at the time of registration apply. Only persons with unlimited legal capacity are entitled to register. There is no entitlement to registration.

Upon registration, the customer selects and receives a personal electronic mailbox and a corresponding password. This password must be kept secret by the customer. The customer must ensure that this password is not accessible to third parties. This password may also not be passed on to third parties.

(3) Registration is free of charge for the customer. The customer has the option to cancel his customer account at any time. In the event of termination, the customer account will be deleted by neotes GmbH. The Customer may change the personal data stored in his customer account. The changes are made online on the neotes GmbH website(www.neotes.com). For this purpose, the electronic form “Change of Customer Data” must be used.

3 Conclusion of contract

(1) The presentation of test analyses on the website does not constitute a binding offer by neotes GmbH to the customer.

(2) The customer’s order via the neotes GmbH website(www.neotes.com) constitutes an offer to conclude a contract.

(3) Immediately upon receipt of the customer’s order, neotes GmbH will send an e-mail to the e-mail address provided by the customer confirming receipt of the order by neotes GmbH and listing its details (order confirmation). This confirmation of receipt does not constitute acceptance, but informs the customer that the order has been received by neotes GmbH.

(4) The contract is concluded when neotes GmbH accepts the customer’s offer by means of an order confirmation. The order confirmation is sent by e-mail to the e-mail address provided by the customer.

During the ordering process, the customer is required to complete a questionnaire that is necessary for the bioinformatics to be carried out as part of the test. Here, the customer can optionally provide further information that enables the doctor to better classify the test results in the overall health context.

4 Terms of delivery

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer.

(2) All deliveries are made at the expense and risk of the customer. The risk is transferred to the customer upon handover to the shipping company commissioned by neotes GmbH.

(3) The shipping costs are available on the website with the prices of the respective test analyses and are shown separately on the invoice by neotes GmbH.

(4) All information provided by neotes GmbH on its website regarding availability, shipment or delivery of a test analysis are estimates and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates.

5 Cooperation with laboratories and other analysis facilities

The institution performing the analysis depends on the service purchased by the customer:

As part of the bioAge test, the samples are analyzed by Life&Brain GmbH Venusberg-Campus 1, Building 76, 53127 Bonn, Germany, on behalf of and under the responsibility of Age Labs AS, Gaustadalléen 23A, 0373 Oslo, Norway.

As part of the intestinal flora test, the samples are analyzed by BIOMES NGS GmbH, Schwartzkopffstraße 1, Halle 21, 15745 Wildau, Germany.

As part of the Longevity bloodAge test, the samples are analyzed by the Kinderwunsch und Hormon Zentrum an der Oper, Lacher Puchta Pauer Michna PartG, Maximilianstraße 2a, 80539 Munich, Germany.

As part of the NAD test, the samples are analyzed by Jinfinity Inc. 1235 Walton Way, Augusta, GA 30901, United States.

As part of the Omega3 test, the samples are analyzed by Omegametrix GmbH Am Klopferspitz 19, 82152 Martinsried.

6 Modalities of the discussion and consultation in the doctor-patient consultation or coach-patient consultation

If the service includes a meeting or consultation with a doctor or coach, this meeting will take place by telephone or in person.

7 Prices, due date and terms of payment, subscription model

(1) The prices shown in the shopping cart on the neotes GmbH website(www.neotes.com) include the applicable VAT and transportation costs. They are therefore total end prices.

(2) The total final price for the test analyses is due for individual orders upon receipt of the order confirmation.

(3) If the customer decides to take out a subscription (also referred to as “membership”), the respective monthly amount must be paid at the beginning of each calendar month. Delivery shall then be made by the end of the fifth day of the respective calendar month.

(4) The customer can pay the purchase price by credit card or Paypal.

8 Retention of title

The test kits delivered by neotes GmbH to the customer remain the property of neotes GmbH until full payment has been received.

9 Claims for defects and limitation of liability

(1) The customer’s rights in the event of material defects and defects of title shall be determined in accordance with the statutory provisions, unless otherwise specified below.

(2) neotes GmbH gives no guarantee for the quality of the test kits it supplies to the customer. In particular, the product or test descriptions reproduced on the website do not have the character of a guarantee.

(3) neotes GmbH is liable without limitation for damages resulting from injury to life, body or health that are based on a breach of duty by neotes GmbH, a legal representative or vicarious agent of neotes GmbH.

(4) If the patient has the blood sample taken by a doctor of his choice and trust, this doctor is not a vicarious agent of neotes GmbH. neotes GmbH is not liable for damages resulting from injury to life, body or health that are exclusively attributable to a breach of duty by this physician.

(5) If the Customer is responsible for taking the samples, the Customer shall be responsible for taking the samples in accordance with the instructions. neotes shall not be liable for damages resulting from incorrect sample collection, unless these are attributable to the defectiveness of the instructions enclosed with the test kit or the test kit itself.

(6) In the event of a slightly negligent breach of material contractual obligations, neotes GmbH’s liability is limited to the amount of foreseeable damages typical for the contract. Essential contractual obligations are abstractly such obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance a contracting party may regularly rely. This does not apply to cases according to § 9 para. 1 and 2.

10 Special provisions for BioCoaching and optional coaching and experience exchange offers (see C.)

(1) Ordinary termination of a subscription can be made by either party at the end of the month without giving reasons.

(2) The possibility of extraordinary termination remains unaffected by this.

(3) As part of the BioCoach subscription, the customer receives a dose of the micronutrients recommended by neotes as a result of the test analysis, which is sufficient for the period of the subscription in accordance with the recommended daily dose.

(4) The optional coaching and experience exchange offers are booked and billed individually. Performance disruptions within the scope of these optional additional offers cannot affect the underlying BioCoach subscription.

(4) The offer to exchange experiences in the group depends on the availability of other participants. If no suitable group can be arranged for the Customer by neotes within a reasonable period of time, the Customer has the right to cancel the booking of the group offer. In this case, the customer will be refunded the full amount if this has already been paid.

11 Membership

(1) Membership can be terminated at any time to the end of the month.

(2) The right to extraordinary termination remains unaffected by this.

(3) Neotes is not obliged to regularly organize community events. Membership only entitles the holder to participate in community events to the extent that they actually take place.

(4) Prioritization by Customer Service shall only take place in relation to non-members.

12 Data protection

(1) neotes GmbH collects, processes and uses the customer’s personal data exclusively for the execution of the contract and in compliance with the applicable data protection laws.

(2) The customer can consent to data processing by neotes GmbH and to the transfer of data to cooperating laboratories by means of a separate declaration. This data transfer takes place in pseudonymized form.

(3) If the service includes a meeting or consultation with a doctor or coach, the customer can voluntarily consent to the transfer of data to the doctor or coach by means of a separate declaration. This transfer of personal data to the doctor or coach takes place without prior pseudonymization or anonymization.

(4) In the course of the BioCoach Program, the Customer’s consent to the transmission of personal health data to neotes’ IT partner, Datarella GmbH, Oskar-von-Miller-Ring 36, 80333 Munich, Germany, is required. This partner collects the customer’s individual health data, including the data from wearables worn by the customer, in order to make it available to the end customer and any doctors and coaches involved in the provision of services, in order to enable the most effective evaluation possible in terms of the contractual objective.

(5) The customer will receive more detailed information on clauses (1) to (4) in the separate privacy policy on the neotes website.

12 Choice of law, place of jurisdiction and final provisions

(1) The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of the conflict of laws and the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the validity of mandatory consumer protection law shall remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship shall be Berlin, unless an exclusive place of jurisdiction is given. Otherwise, the statutory provisions shall apply to the place of jurisdiction.

(3) Deviations from these terms and conditions must be made in writing. This also applies to the amendment of this written form clause.

(4) Should individual or several provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions.

13 Information on online dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court dispute resolution procedure.

Status: August 2024

APPENDIX: CONSUMER INFORMATION FOR DISTANCE SALES CONTRACTS FOR THE PURCHASE OF GOODS FROM NEOTES GMBH at: [www.neotes.com] – Section 312d (1) BGB in conjunction with Art. 246a EGBGB

The following information does not constitute contractual terms. The contractual conditions are defined exclusively by the General Terms and Conditions.

If you order on our website as a consumer, i.e. if you are not acting within the scope of your commercial or independent professional activity, we would like to draw your attention to the following:

Provider data

neotes GmbH
Managing Director: Roman Kacer
Immanuelkirchstraße 14
10405 Berlin

Phone: 030 440 39 720
E-Mail: cs@neotes.care

Commercial register: Charlottenburg Local Court (Berlin)
Commercial register number: HRB 222575
Sales tax identification number: DE 3360 75258

The language available for the conclusion of the contract via the website is exclusively German.
The essential characteristics, properties and other features of the goods offered by neotes GmbH can be found in the individual product descriptions on the website.
The presentation of goods on the Website is for information purposes only and does not constitute a binding offer for the delivery of goods. Rather, contracts for the delivery of goods between you and neotes GmbH are only concluded when you place an order by clicking on the “Buy now” button and neotes GmbH subsequently issues a declaration of acceptance (shipping confirmation). The declaration of acceptance (shipping confirmation) is sent by e-mail from neotes GmbH to the address you provided during your registration.
You can correct any input errors when placing your orders at any time via the input masks on the website or with the help of a delete and change function before sending your order.
The prices for goods shown on the website are final prices including VAT. The total final price also includes transportation costs.
The total final price for the delivery of goods by neotes GmbH is due upon acceptance of the order by neotes GmbH. Payment can be made by credit card or Paypal at your discretion.
You have a right of withdrawal according to the following conditions (see also separate section on withdrawal instructions):

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must notify us (neotes GmbH, Immanuelkirchstrasse 14, 10405 Berlin, Germany, telephone +49 (30) 97883015, email hello@neotes.care) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract to

neotes GmbH
Immanuelkirchstrasse 14
10405 Berlin
Germany

to return or hand over the goods. The deadline is met if you send the goods before the period of fourteen days has expired. We shall bear the costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

The revocation is to be sent to

neotes GmbH, Immanuelkirchstrasse 14, 10405 Berlin, Germany
If you have any questions about your right of withdrawal and/or our offers, you can contact our customer service by calling: +49 and sending an e-mail to the following address: cs@neotes.care. You can, but do not have to, use the following form:

Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return this form.)
To: neotes GmbH, Immanuelkirchstrasse 14, 10405 Berlin, Germany, E-Mail: cs@neotes.care

The right to cancel the contract is independent of your warranty claims if the goods are defective.

In the event of the purchase of an item, you have the statutory warranty claims. If there is a defect subject to warranty, you are entitled in particular to demand subsequent performance, withdraw from the contract or reduce the purchase price within the framework of the statutory provisions. For the rest, we refer to our General Terms and Conditions.
The text of the contract and this information are only available on our website in their current version. You will receive the text of the contract with the General Terms and Conditions applicable to you and the data protection agreement with your invoice. If you are interested in permanent storage, please keep the text of the contract yourself.
Technical steps that lead to the conclusion of a contract.

You have the option of viewing transactions such as orders, deliveries, invoices etc. in your password-protected customer account at any time.

The following steps explain in detail how to place an order with us. Please read this explanation carefully before purchasing.

10.1 Selection of goods

If you have found the desired product in our product range, you can call up the product description of the product by clicking on the respective category button and the corresponding expandable buttons on the product page.

If you have decided to purchase the product, you can add it directly to your shopping cart without obligation by clicking the “Add to cart” button at the end of the product description with the left mouse button.

Alternatively, you can place the product directly in the shopping cart without having to call up the product description – by clicking on the “Shopping cart” button with the left mouse button.

The selected goods are now in the shopping cart.

10.2 The shopping cart

You can view your shopping cart at any time by clicking the “Shopping Cart” button located at [describe the location of the button] or the “View Shopping Cart” button located at […]. As soon as you click the “Shopping Cart” button or the “Shopping Cart” button with the left mouse button, the shopping cart window opens. This window informs you that your selected product has been successfully added to your shopping cart. You will also have x options available.

The 2nd selection option allows you to change the quantities of the products placed in the shopping cart or to remove them from the shopping cart. The selection options are located in the information section of the shopping cart. This is where you first see your selection of products in the shopping cart and can check and manage them. Below the last product you will find an overview of the total amount you have to pay (purchase price and fees for shipping / payment methods for all products in the shopping cart). You can select the quantity in the line of the product you have added. To do this, go to the box in the “Quantity” column and click in the box with the left mouse button. You can now delete the existing number and enter the desired quantity/ number to be delivered to you. You can also remove a product from the shopping cart here. To do this, click on the product to be removed. In the product line, to the right of the quantity, there is a red cross (X). Click on the cross with the left mouse button and the product will be removed from the shopping cart.

10.3. Ordering process and customer registration

Once you have found all the goods you want and placed them in your shopping cart, you need to click the “…” button with the left mouse button to continue the ordering process. The first of x pages of the order process will then open.

You have the option of completing the order process as a “guest” or you can register as a customer and complete the order process as a registered customer.

If you complete the order process as a “guest”, the next page will appear:

First enter your data (e.g. name, date of birth, address). To do this, enter the data in the cells as prompted in the lines.

If you would like a different delivery address, click on the “Different delivery address” button with the left mouse button. A further input field for entering the delivery address will then appear. Enter the data as requested in the lines in the cells.