1. Scope and provider
2. Conclusion of a contract
4. Shipping costs
5. Terms of delivery
6. Terms of payment
7. Retention of title
9. Transport damage
10. Warranty and liability
12. Final provisions
These General Terms and Conditions regulate the contractual relationships between Diagenics Ltd, South House 3, Bond Avenue, Bletchley, Milton Keynes, MK1 1SW, England, United Kingdom (hereinafter referred to as “DIAGENICS”) and its customers for orders for the ALLERGOCOVER product via the online shop. On placing the order, the customer expressly accepts that the terms of business stipulated by Allergo Natur Healthcare are an integral part of the contract.
The product descriptions in the DIAGENICS online shop are subject to change without notice and are provided for the purpose of submitting a purchase offer. The customer submits a binding purchase offer by clicking on the “Buy” button. Our products are only sold for private use.
DIAGENICS may accept a customer order by emailing a separate order confirmation or by delivering the goods within two days.
An automatic email is dispatched to confirm receipt of the order immediately after the order is submitted. However, this confirmation of receipt does not yet result in the conclusion of a contract. The contract is only concluded once DIAGENICS issues a declaration of acceptance, which is sent in a separate email ("order confirmation").
The prices indicated on the product pages are net prices. They include statutory value added tax and other price components, but do not include shipping costs. DIAGENICS reserves the right to change these prices at any time.
A standard delivery from England is free of charge. This and other shipping costs, e.g. for express shipping, are clearly displayed to the customer on the product pages, in the shopping basket system and on the order page.
In the event of a return, the customer bears the cost of this return shipment.
DIAGENICS only delivers to United Kingdom and to this end uses the services provided by our courier. The delivery period generally amounts to 4-6 days, unless otherwise indicated in the offer. The delivery periods indicated by DIAGENICS apply from the time of order confirmation, if the purchase price has already been paid. It ends on shipment of the goods. Transport disruptions or bottlenecks at our courier may lead to delays in delivery. In these cases, the delivery and acceptance obligations are suspended within the relevant scope and for duration of the delay. The customer is not entitled to any compensation in these cases.
If none or not all of the units of the product selected by the customer are available at the time the order is placed, DIAGENICS shall inform the customer of this in the order confirmation. If the product is no longer available, DIAGENICS shall not issue a declaration of acceptance. A contract is not concluded in this case.
DIAGENICS may withdraw from the contract if the goods cannot be delivered on three separate occasions, for reasons for which the customer is responsible. Any payments made shall be refunded to the customer.
DIAGENICS may withdraw from the contract if the ordered product is not available because the product is not delivered to DIAGENICS by our suppliers through no fault of our own. In this case, DIAGENICS shall immediately inform the customer and recommend the delivery of a comparable product, if appropriate. If no comparable product is available, or the customer does not desire a comparable product, DIAGENICS shall refund any payments that have already been made.
Benefit and risk pass to the customer once the goods have left DIAGENICS's warehouse or that of the supplier.
The goods remain the property of DIAGENICS until complete payment is received. Prior to the transfer of ownership, pledging, assignment as security, processing or modification is not permitted without DIAGENICS's consent. DIAGENICS is entitled to enter its retention of title in the respective retention of title register.
The customer must check the delivery for any defects immediately after receipt. Any identified defects must immediately be reported to DIAGENICS in writing, within no more than 5 days if visible or immediately after discovery if not visible. Defective products may be returned in the unopened original packaging and in a flawless condition, after first contacting DIAGENICS. To do so, please contact Diagenics Ltd, South House 3, Bond Avenue, Bletchley, Milton Keynes, MK1 1SW, England, United Kingdom, email@example.com. As ALLERGOCOVER® is a sanitary product, the goods cannot be returned if the hygiene seal has been broken.Minor, customary variations of typical material properties are not considered to be defects. Returns are generally not accepted in the event of incorrect orders by the customer and for customised products.
DIAGENICS shall deliver a replacement product or refund the purchase price to the customer wherever possible, if a return is justified.
An exchange of the goods after use is not possible. All items available in our online shop can be subjected to an inspection/examination by the end customer to the normal extent (inspection of the condition, properties and function of the goods under normal sales conditions within a stationary specialised trade) and after receipt of the goods. An exchange of goods that have already been used and/or used (signs of use and traces of use caused by the use intended for the respective end device) is not possible or is only possible with a reduction in value. We reserve the right to examine such cases.
If goods are delivered with obvious transport damage, defects must immediately be reported to the delivery agent and DIAGENICS must be informed as soon as possible (firstname.lastname@example.org).
The statutory warranty regulations apply for items offered by DIAGENICS in the ALLERGOCOVER shop.
DIAGENICS is liable for the delivery of properly stored products in their original packaging. DIAGENICS shall provide a replacement for defective products or issue a corresponding credit note to the customer, as agreed with the customer, unless the customer has not promptly reported the defect in accordance with the aforementioned provisions. Any further warranty, especially for properties and effects of the product, is excluded, if permitted by the statutory provisions. Further product liability and warranty claims must be directed towards the manufacturers of the relevant products. The customer must retain the original invoice in order to assert any claims. All customer warranty claims against DIAGENICS expire 24 months after delivery of the products, even if they remain undiscovered until this point in time. DIAGENICS is not obliged to provide a replacement delivery if it can demonstrate that it is not responsible for the reported defect, especially in the event of a subsequent change to the products by the customer or in the event of defective products or third party services for which the customer is responsible. Compensation claims due to any errors in the illustrations or the prices and texts are excluded.
DIAGENICS’s liability is limited to damages in connection with the correct use of the product and to the extent permitted by law. If liability is limited by these General Terms and Conditions, liability is also excluded for indirect damages, consequential damages or for lost profit.
All texts, images, graphics and other content on the website are subject to copyright and other laws protecting intellectual property. They may not be copied, changed or used on other websites without DIAGENICS’s consent.
These General Terms and Conditions and the legal relationships with DIAGENICS are subject to English law.
If a provision in these General Terms and Conditions is invalid, this shall not affect the validity of the other provisions. The applicable statutory regulations shall replace the invalid provision.
DIAGENICS reserves the right to amend these General Terms and Conditions at any time.
Dated: February 2020