General terms and conditions
Our online shop and our overall offer are intended exclusively for professionals.
In addition to verifying your status as a professional within the ordering process, we are entitled to request evidence of your status as an entrepreneur by provision of suitable, current documents such as a trade register excerpt or business registration documentation.
The present Terms and Conditions shall also apply to future business relations, without any further need of reference thereto. Where the trader employs conflicting or supplementary General Terms and Conditions, we hereby object to their validity; such Terms will only become a contractual component if we expressly agree to them.
2. Contractual partner, formation of contract
The purchase agreement is concluded with Science Services Beratungs- und Vertriebsgesellschaft für wissenschaftliche Laboreinrichtungen mbH („Science Services“).
By placing the products in the online shop, we make a non-binding offer to conclude the contract on these articles.
By clicking on the order button, you declare bindingly that you wish to purchase the goods contained in the shopping cart and thus make an offer to conclude a contract. Immediately after sending the online order, you will receive an automated confirmation of receipt by e-mail.
After checking your order, you will receive our order confirmation. We have the right to refuse to accept the order.
The purchase contract is concluded upon receipt of the unreserved, written order confirmation, subject to self-delivery (see also 5.).
The purchase process and contact usually take place by e-mail. As a customer, you are required to provide a correct email address at which you can receive the emails sent by Science Services. We ask you to ensure that, despite the use of spam filters, all e-mails can be delivered for the purpose of processing the purchase.
The minimum order value is EUR 25,00 (plus VAT).
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English
We store the contract text, your order and our order confirmation and send you the order data by e-mail in text form.
Our terms and conditions can be viewed at any time on our website scienceservices.de or scienceservices.eu.
You can only view your online orders on our websites with registered customer login.
4. Delivery conditions
Delivery costs may be added to the product prices displayed. Further information on delivery costs, if applicable, are explained on our website and within individual product offers.
We usually only deliver via the shipping route. A self-collection or delivery of the goods is only possible by arrangement.
If you collect the goods from our premises or from another place designated by Science Services (storage, related company) or we deliver them to you by one of our staff, the risk of accidental loss or accidental damage will be transferred to you when the goods are handed over.
If you, as a recipient, are late in accepting or breaching any other duty of cooperation, we are entitled to calculate the damage caused to you.
We do not deliver to packing stations.
5. Self-supply and partial supply reservations
When the product that you have ordered from us is unavailable because we have not received the supplies ordered from our reliable supplier, without fault on our part and in spite of placing appropriate orders, we will inform you as soon as possible. We will thereby be released from our obligation to perform and can withdraw from the contract. If you have already made payments, we will refund these without undue delay.
Subject to delivery from our suppliers, we will ensure speedy delivery. Where part of the order cannot be delivered immediately because we have not received the supplies ordered from our reliable supplier, without fault on our part and in spite of placing appropriate orders, we will deliver the remaining goods in an additional shipment without recalculating the shipping costs, insofar as this is reasonable for you.
In the case of partial deliveries abroad, we reserve the right, after agreement with you, to charge additional shipping costs that may arise.
In the case of late payment, we reserve the right to invoice you statutory interest for late payment amounting nine percentage points above the basic interest rate and a flat fee of 40 euros. Further claims remain unaffected hereby.
In our shop, the following payment methods are basically available to you:
When selecting the payment method in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
To transfer the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize with your credentials and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order.
Further information can be found in the ordering process.
The invoice amount is due 30 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to demand advance payment or offer the purchase on account only after a successful credit check.
A right of set-off is only available to you if your counterclaim entails mutuality of obligation with respect to our principal claim, is undisputed by us or has been legally established.
7. Retention of title
A right of retention is only available to you if your counterclaim is based on the same contractual relationship.
We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship.
You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. If you combine, mix or process the reserved goods with other items, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. We shall release the securities to which we are entitled at your request as far as the realizable value of the securities exceeds the value of the outstanding claims to be secured by more than 10%.
8. Damage during delivery
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the hauler, carrier or another contractor for forwarding to the defined person or establishment.
"Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory right of liability for defects shall apply.
Obvious defects of the goods must be notified in writing immediately, at the latest within three days of receipt of the goods. Hidden defects must be reported immediately after discovery, but no later than 12 months after receipt of the goods. If the defects are not notified in good time, the goods shall be deemed approved.
10.1 Risk of use
In principle, the risk of use for ordered goods lies with the buyer.
However, for reasons of goodwill, in individual cases and only after express consent, we are willing to dismiss you from the contractual obligation and, if goods have already been delivered, take them back for reimbursement of the purchase price without shipping costs, if these are returned undamaged and unopened at your expense within one week of delivery.
10.3 Expenditure package for cancellations
In this case, a lump sum of 10 % of the value of the goods will be due upon declaration of consent by us for payment.
The consent according to Section 10.2 is conditional upon the payment of the lump sum in accordance with Section 10.3.
Exclusion of special articles
For products subject to special storage, e.g. below the room temperature, withdrawal is excluded. Custom-made products of all kinds can only be withdrawn to a limited extent for credit. These regulations do not apply if the return is based on a defect in the delivery.
10.4 Obligation to decontamination
All products delivered to us must be decontaminated by you (or by the last user) if they have come into contact with potentially infectious or harmful material. The decontamination must be confirmed by a signed decontamination certificate attached to the product. You or the last user are fully liable for damages of any kind resulting from a lack of decontamination. Each owner of a device is obliged to share this information upon sale or transfer.
10.5 Disposal of chemicals
It is not possible to take back chemicals for disposal.
11. Intended use / Requirements of the customer / Non-binding advice
In the case of substances whose use may only take place within the scope of legal or regulatory regulations, your order shall at the same time constitute a declaration that these substances are used exclusively for a permitted purpose. For individual products, we are obliged to request a final declaration from you, which excludes the unauthorized use of the products in question upon purchase or resale.
It is necessary to comply with the statutory provisions and the laboratory directive.
Obligations of the customer
The products we sell are intended exclusively for research and laboratory purposes. On the other hand, the goods are expressly not suitable for other uses, especially for medical use. You will therefore inform persons who come into contact with the delivered goods as intended about the appropriate uses. You are liable for damages incurred by third parties as a result of a breach of this obligation to inform and indemnify us against all possible claims of third parties.
We advise you to the best of our knowledge within the scope of the given possibilities, but without obligation. You must always manage your products under your own responsibility and check their suitability for the intended purposes.
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed
- towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
13. Final provisions
German law shall apply to the exclusion of UN Sales Law.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
Terms and conditions created with the Trusted Shops Rechtstexter, additions and clarifications added