Terms
Terms
Introduction
neotes GmbH offers its customers an epigenetic analysis of blood samples (bioAge test) to determine their (biological) age. The DNA methylation is measured as part of the analysis.
A test kit is provided to the customer. In particular, this test kit includes an activation card with a personal and individual six-digit code. This code is entered on the user profile on neotes.com. The customer also receives a prepaid return envelope.
The customer is obliged to sufficiently clean the puncture site he has selected before taking blood. The customer can find more detailed information on sufficient hygiene and the process of giving blood on the test kit.
The customer must place the blood sample in the enclosed, pre-paid return envelope. This return envelope is to be thrown into any mailbox by the customer promptly after the blood sample has been taken.
The bioAge test is now being sent to the cooperation partner, AGE LABS (register no. 919 825 723) at Gaustadealléen 23A in 0373 Oslo, Norway. At the same time, neotes GmbH transmits further pseudonymised personal data of the customer to AGE LABS. AGE LABS examines and analyzes the blood samples. AGE LABS uses the information available to determine the customer’s biological age. AGE LABS acts as a processor within the meaning of Art. 28 GDPR for neotes GmbH. AGE LABS communicates its results to neotes GmbH.
Neotes GmbH then emails the customer the results in a password-protected PDF.
§1 Scope
(1) These general terms and conditions (hereinafter: terms and conditions) regulate the legal relationships between neotes GmbH and its customers (collectively referred to as “customer” below) with regard to the delivery of goods that are sold on the Internet via the website www.neoteshealth .com (hereinafter the “website”) of neotes GmbH (hereinafter: “deliveries of goods”).
(2) Unless otherwise agreed in writing, these terms and conditions apply exclusively. Conflicting provisions or provisions of the customer that deviate from these terms and conditions are not recognized and their use is expressly prohibited.
§2 Registration for a customer account
(1) The customer can order goods 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 access.
(2) The customer has the option of registering for a customer account on the neotes GmbH website (www.neotes.com). The prerequisites for this are that the customer registers with his personal data on the website (www.neotes.com) and provides the personal data requested by him.
In addition, registration requires that the customer agrees to the validity of these General Terms and Conditions. The general terms and conditions at the time of registration apply.
Only persons with unrestricted legal capacity are entitled to register. There is no entitlement to registration.
With the 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 must also not be passed on to third parties.
(3) Registration is free for the customer. The customer has the option of canceling his customer account at any time. In the event of termination, the customer account will be deleted by neotes GmbH.
The customer has the possibility to change his personal data stored for his customer account at any time. The changes will be made online on the neotes GmbH website (www.neotes.com). To do this, the customer must use the electronic form “Change of customer data” provided on this website.
§3 Conclusion of contract
(1) The presentation of goods on the website does not constitute a binding offer from neotes GmbH to the customer for the delivery of goods.
(2) The customer’s order via the neotes GmbH website (www.neotes.com) represents an offer to neotes GmbH to conclude a contract.
(3) With the purchase of an online consultation service or the bioAge PREMIUM test, the customer agrees that the consulting doctor has assigned the right to remuneration from the treatment contract with the customer to neotes GmbH.
Immediately after receipt of the customer’s order, neotes GmbH will send the customer 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 acknowledgment of receipt does not constitute acceptance, but informs that the customer’s order has been received by neotes GmbH. In the case of the processing and shipping of orders for Omega-Metrix products and Amedes (microbiome test), neotes GmbH uses a third party, which processes the order data for the proper execution of the orders (predominantly legitimate interests Art 6 Para lit f GDPR).
A contract is only concluded when neotes GmbH informs the customer in a second e-mail about the dispatch of the goods (dispatch confirmation) and thus declares acceptance of the offer. The shipping confirmation will be sent to the email address provided by the customer
§4 Terms of Delivery
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.
(2) Unless expressly agreed otherwise with the customer, all deliveries are made at the customer’s risk and expense. The risk passes to the customer when the goods are handed over to the shipping company commissioned by neotes GmbH.
(3) The shipping costs can be called up on the website with the prices of the respective goods and are shown separately by neotes GmbH on the invoice for its deliveries.
(4) All information provided by neotes GmbH on its website (neotes.com) regarding the availability, shipping or delivery of a product is only expected information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates.
§5 Prices, due dates and terms of payment
(1) The prices on the neotes GmbH website (www.neotes.com) include the applicable VAT and transport costs. Therefore, these are total final prices.
(2) The total final price for the delivery of goods is due upon receipt of the shipping confirmation.
(3) The customer can pay the purchase price by credit card or PayPal.
§6 Retention of title
The goods delivered to the customer by neotes GmbH / TLL The Longevity Labs GmbH remain the property of neotes GmbH until full payment has been made.
§7 Claims for defects and limitation of liability
(1) The rights of the customer in the event of material defects and defects of title are determined by the statutory provisions, unless otherwise specified below.
(2) neotes GmbH does not guarantee the quality of the goods delivered to the customer. In particular, the product or goods descriptions reproduced on the website do not have the character of a guarantee.
(3) neotes GmbH has unlimited liability for damage resulting from injury to life, limb or health that is based on a breach of duty by neotes GmbH, a legal representative or vicarious agent of neotes GmbH.
(4) In the event of a breach of essential contractual obligations caused by slight negligence, neotes GmbH’s liability is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are, in abstract terms, those 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 § 7 paragraphs 1 and 2.
§8 Data protection
The customer can transmit the personal data required in each case to neotes GmbH. By means of a separate declaration on data processing to neotes GmbH and on data transmission to its cooperation partner, the customer can request the FA. AGE LABS and its cooperation partner TLL The Longevity Labs GmbH agree.
The customer receives more detailed information on this in the separate data protection declaration.
§9 Choice of Law, Place of Jurisdiction and Final Provisions
(1) The law of the Federal Republic of Germany shall apply to the contractual relationships, excluding the conflict of laws and excluding the UN Sales Convention (CISG). The statutory provisions on the application of mandatory consumer protection law remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction for all disputes arising from this contractual relationship is Berlin, unless an exclusive place of jurisdiction is given. For the rest, the legal regulations apply to the place of jurisdiction.
(3) Deviations from these terms and conditions must be in writing. This also applies to changes to this written form clause.
(4) Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions.
§10 Information on online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration process.
Status: July 2021
APPENDIX: CONSUMER INFORMATION FOR DISTANCE SALES CONTRACTS ABOUT THE PURCHASE OF GOODS FROM NEOTES GMBH at: [www.neotes.com] – § 312D ABS. 1 BGB I.v.M ART. 246A eggb
The following information does not constitute contractual terms. The contractual terms are exclusively defined by the general terms and conditions.
If you order on our website as a consumer, i.e. not in the context of your commercial or self-employed professional activity, we draw your attention to the following:
Provider Data
neotes GmbH
Managing director: Dr. medical Irmi Huber | Roman Kacer
Immanuelkirchstrasse 14
10405 Berlin
Telephone: 030 440 39 720
Email: [email protected]
Commercial Register: District Court of Charlottenburg (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.
You can find the essential properties, quality and other features of the goods offered by neotes GmbH in the individual product descriptions on the website.
The presentation of goods on the website is for informational purposes only and does not constitute a binding offer for the delivery of goods. Contracts for the delivery of goods between you and neotes GmbH only come about when you place an order by clicking on the “Buy now” button and you accept it subsequent declaration of acceptance (shipping confirmation) on the part of neotes GmbH. The declaration of acceptance (shipping confirmation) is sent by email from neotes GmbH to the address you provided when registering.
You can correct any input errors when placing your order 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 the transport 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 choice.
You have a right of revocation according to the following stipulations (see also separate section on revocation instructions):
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract
neotes GmbH
Immanuelkirchstrasse 14
10405 Berlin
Germany
to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The revocation must 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 on the telephone number: +49 and by e-mail at the following address: [email protected]. You can, but do not have to, use the following form for this purpose:
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
To: neotes GmbH, Immanuelkirchstrasse 14, 10405 Berlin, Germany, email: [email protected]
The right to withdraw from the contract exists independently of your warranty claims if the goods are defective.
If you buy an item, you have the statutory warranty claims. If there is a defect subject to warranty, you are entitled, within the framework of the statutory provisions, to demand supplementary performance, to withdraw from the contract or to reduce the purchase price. For the rest, we refer to our general terms and conditions.
The text of the contract and this information are only available in their current version on our website. You will receive the text of the contract with the General Terms and Conditions that apply 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 leading 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 statement carefully before purchasing.
10.1 Selection of Goods
If you have found the desired product in our range of goods, you can call up the product description of the product by clicking on the respective category button and the corresponding expandable button on the product page.
If you have decided to buy the product, you can place it directly in the shopping cart without obligation by clicking on the “Add to shopping cart” button at the end of the product description with the left mouse button.
Alternatively, you can buy the product without calling up the product description, without obligation – by clicking on the “shopping cart” button with the left mouse button – place it directly in the shopping cart.
The selected goods are now in the shopping cart.
10.2 The Shopping Cart
You can view the shopping cart at any time by clicking the “Shopping cart” button located at [describe the location of the button], or by clicking the “Show shopping cart” button located at […]. As soon as you click the “shopping cart” button or click the “shopping cart” button with the left mouse button, the shopping cart window opens. In this window you will find the information that your selection of the product was successfully placed in the shopping cart. Furthermore, x options are available to you.
The 2nd option allows you to change the quantities of the products placed in the shopping cart or to remove them from the shopping cart. The options are in the information section of the shopping cart. The first thing you see here is your selection of products that are in the shopping cart and you can check and manage them. Below the last product is a statement of the total amount payable by you as
Overview (purchase price and fees for shipping / payment methods of all products in the shopping cart). In the line of the inserted product you have the option to select the quantity. 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 quantity/number you want delivered to you. You can also remove a product from the shopping cart here. To do this, go to 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
When you have found all the goods you want and placed them in your shopping cart, you need to press the “…” button with the left mouse button to continue the ordering process. Then the first of x pages of the ordering process opens.
You have the option of completing the ordering process as a “guest” or you can register as a customer and complete the ordering process as a registered customer.
If you execute the ordering process as a “guest”, the next page appears:
First you have to enter your data (e.g. name, date of birth, address). To do this, write the data into the cells as prompted in the rows.
If you want a different delivery address, click on the “Different delivery address” button with the left mouse button. Another input field then appears for entering the delivery address. Here, too, write the data in the rows in accordance with the prompt.
