The following General Terms and Conditions (GTC) apply to our deliveries and services. The customer's purchasing and delivery conditions, even if we do not expressly object to them, are only binding if they are acknowledged by us in writing.

1. Operator Information

Davids Biotechnologie GmbH

Röntgenstraße 3

93055 Regensburg

Germany

Phone: +49 941 948228

Email: info@davids-bio.com

2. Scope

These terms and conditions of sale apply exclusively to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310 (1) BGB. We do not recognize conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing.

These terms and conditions of sale also apply to all future transactions with the customer, provided they are related legal transactions.

Individually negotiated agreements with the buyer (including side agreements, supplements, and amendments) always take precedence over these terms and conditions. The content of such agreements is governed by a written contract or our written confirmation.

3. Offer and Contract Conclusion

The presentation of goods and services in our online store does not constitute a legally binding offer but rather an invitation for the customer to submit an offer.

By clicking the "Order" button, you submit a binding order for the items in the shopping cart. You will receive a confirmation of receipt of your order along with acceptance of the order immediately after submission via an automated email. The purchase contract is concluded only upon shipment of the goods (shipping confirmation).

Seller's specifications regarding services or goods, such as measurements, weights, properties, technical data, and usability, are only approximate unless exact conformity is required for the contractual purpose. Representations such as drawings, images, or diagrams are also approximate unless a precise match is contractually required.

Deviations in products or services due to technical improvements or legal regulations that do not impair the intended purpose are permissible.

4. Prices and Payment

Unless otherwise agreed in writing, our prices apply EXW, excluding packaging and VAT at the applicable rate. Packaging costs are charged separately.

The purchase price must be paid exclusively to the account specified on the invoice. A discount deduction is only allowed with a special written agreement.

Unless otherwise agreed, the purchase price is payable within 30 days after delivery. Default interest of 8% above the respective base interest rate per annum will be charged. The assertion of higher damages for delay remains reserved.

The prices applicable at the time of the order apply, as stated in the order confirmation email. Shipping, insurance, and packaging costs are not included in these sales prices. Any fees for export deliveries (customs, other public charges) are also not included in the sales price.

5. Right of Retention

The buyer is only entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.

6. Delivery Time

The estimated delivery time is non-binding and is always approximate. Delivery usually occurs within five business days. In case of delays, you will be informed. If the ordered goods are unavailable, we reserve the right not to deliver. In this case, payments already made will be refunded immediately.

The delivery period is extended due to unforeseen circumstances, such as shortages of raw materials, delivery difficulties, or operational disruptions. Compensation claims are not possible.

We are entitled to make partial deliveries. The additional shipping costs for such deliveries will be borne by the seller.

7. Transfer of Risk for Shipping

If the goods are shipped at the request of the buyer, the risk of accidental loss or deterioration of the goods passes to the buyer upon dispatch, at the latest when leaving the factory/warehouse. This applies regardless of whether the shipment takes place from the place of fulfillment or who bears the shipping costs.

Insurance of the goods is only carried out upon the customer's explicit request, in which case the customer bears the additional insurance costs.

8. Retention of Title

We retain ownership of the delivered goods until full payment of all claims from the delivery contract. This also applies to all future deliveries, even if we do not always explicitly refer to this. We are entitled to take back the goods if the buyer behaves in breach of contract.

The buyer must treat the goods with care until ownership has transferred. If maintenance and inspection work is required, the buyer must carry it out at their own expense.

The buyer is entitled to resell the goods in the ordinary course of business. The buyer hereby assigns to us any claims arising from the resale, up to the agreed invoice amount (including VAT). The buyer remains authorized to collect these claims, but we reserve the right to collect the claims ourselves if necessary.

9. Warranty and Complaints

Warranty claims require the buyer to properly fulfill their examination and complaint obligations under Section 377 HGB.

Warranty claims expire 12 months after delivery. This does not apply to claims for damages due to intentional misconduct, gross negligence, or injury to life, body, or health.

If the delivered goods have a defect already present at the time of risk transfer, we will, at our discretion, either repair the goods or provide a replacement. If rectification fails, the buyer may withdraw from the contract or demand a reduction in price.

Claims for defects do not exist for minor deviations from the agreed quality, natural wear and tear, improper use, or external influences.

10. Liability

The seller's liability is limited to 50% of the respective purchase price (including VAT). Liability is excluded for damages that are not typically expected under normal use. Indirect damages and consequential damages are also excluded.

The liability restrictions do not apply in cases of intentional misconduct, injury to life, body, or health, or under the Product Liability Act.

11. Use

Our products and services are intended for in vitro use only. They are not suitable for diagnostic or therapeutic purposes in animals or humans. Sales to private individuals are not possible.

12. Data Protection

See our privacy policy.

13. Miscellaneous

This contract and all legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of fulfillment and exclusive jurisdiction for all disputes arising from this contract is our registered office unless otherwise specified in the order confirmation.

If individual provisions of these GTC are or become invalid, the validity of the remaining provisions remains unaffected.