Terms and Conditions
1) Scope of Application
1.1 Verisana GmbH, Spitalerstraße 9, 20095 Hamburg, operates an online platform at www.verisana.de offering laboratory services as well as food and dietary supplements. These General Terms and Conditions (hereinafter “Terms”) of Verisana GmbH (hereinafter “Seller”) apply to all contracts for services and delivery of goods concluded between a consumer or business (hereinafter “Customer”) and the Seller regarding the goods and/or services presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. A business is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s shop. After selecting the desired goods, going through the order process, and clicking the final confirmation button, the Customer submits a legally binding offer to purchase. Alternatively, the offer may also be submitted by telephone or email.
2.3 The Seller may accept the Customer’s offer within five days by sending a written order confirmation, delivering the goods, or requesting payment from the Customer. If the Seller does not accept the offer within this period, the Customer is no longer bound by it.
2.4 If the Customer selects “PayPal Express”, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., under PayPal’s terms and conditions. By clicking the final order button, the Customer also authorises PayPal to process payment. The contract is deemed concluded at this point.
2.5 After conclusion of the contract, the Seller stores the contract text and sends it to the Customer by email. If the Customer has created a user account, the order details can be accessed there at any time.
2.6 The Customer can detect and correct input errors at any time before submitting the order using standard browser and input functions.
2.7 The contract language is German only.
2.8 Order processing and communication generally occur via email. The Customer must ensure that the provided email address is valid and able to receive messages.
2.9 We do not sell goods to minors or persons with limited legal capacity unless ordered by their legal representative.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Details are outlined in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated, all prices include statutory VAT. Any applicable shipping costs are shown separately in the product description.
4.2 For deliveries outside the European Union, additional costs such as bank fees or import duties may apply and are to be borne by the Customer.
4.3 Available payment methods are displayed in the Seller’s online shop. All transactions are processed in Euro (EUR).
4.4 For advance payments by bank transfer, payment is due immediately upon conclusion of the contract unless otherwise agreed.
4.5 Payments via PayPal are subject to PayPal’s user agreement.
4.7 For “PayPal Direct Debit”, PayPal collects the invoice amount after prior notification (“pre-notification”). Fees incurred for failed or unauthorised chargebacks are borne by the Customer if they are at fault.
5) Delivery and Shipping Conditions
5.1 Delivery is made to the delivery address provided by the Customer. For PayPal payments, the delivery address stored with PayPal applies.
5.2 If a shipment cannot be delivered and is returned, the Customer bears the costs unless the non-delivery was not their fault or the withdrawal right was exercised.
5.3 For self-collection, goods are ready for pick-up the next working day from 12:00 p.m. No shipping costs apply.
5.4 Orders are processed and shipped Monday to Friday (excluding public holidays) via Deutsche Post. The Seller bears the shipping risk.
5.5 If delivery fails after three attempts, the Seller may withdraw from the contract and refund any payments made.
5.6 If the ordered product is unavailable due to supplier issues, the Seller may withdraw from the contract, inform the Customer immediately, and offer a replacement or refund. Partial deliveries are permissible if reasonable for the Customer.
6) Retention of Title
The goods remain the property of the Seller until full payment has been received.
7) Liability for Defects (Warranty)
7.1 Statutory warranty rights apply.
7.2 For used goods, claims for defects that occur after one year from delivery are excluded, except in cases of fraud, injury to life, body or health, construction materials, or product liability.
7.3 The Customer is requested to report any obvious transport damage to the carrier without affecting legal or contractual rights.
8) Redemption of Promotional Vouchers
8.1 Promotional vouchers issued free of charge within marketing campaigns can only be redeemed in the Seller’s online shop and during the specified validity period.
8.2 Certain products may be excluded from voucher promotions as stated on the voucher.
8.3 Vouchers must be redeemed before completing the order. Retroactive crediting is not possible.
8.4 Multiple vouchers can be used per order.
8.5 Remaining credit will not be paid out in cash.
8.6 If the voucher value is insufficient, the remaining balance can be paid using another available payment method.
8.7 Vouchers are non-redeemable for cash and bear no interest.
8.8 If goods purchased with a voucher are returned, the voucher will not be reissued.
8.9 Vouchers are transferable. The Seller may make performance with discharging effect to the holder unless they have knowledge of the holder’s lack of authorisation.
9) Liability
9.1 The Seller is not liable for the uninterrupted availability of internet communication.
9.2 The Seller is liable for intent and gross negligence and for the negligent breach of essential contractual obligations (foreseeable typical damages). Liability for injury to life, body, or health and under the Product Liability Act remains unaffected.
9.3 Medical and scientific information provided on our website is prepared with great care but does not claim to be exhaustive.
9.4 Information on products, therapies, and treatments does not replace professional medical advice.
9.5 Test results and evaluations do not constitute a personal diagnosis. Customers are advised to consult a doctor to interpret the results correctly.
10) Patient Declaration
By clicking “Submit Order”, the patient consents to the laboratory tests and services listed in the shopping cart. Verisana’s services are preventive in nature and may not be covered by private health insurance. The laboratory analysis is carried out by Verisana.
11) Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the consumer’s country of residence is not withdrawn.
12) Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law, or has their seat outside Germany, Hamburg shall be the exclusive place of jurisdiction. The Seller is, however, also entitled to bring action at the Customer’s domicile.
13) Code of Conduct
The Seller is subject to the Trusted Shops Quality Criteria, available at trustedshops.com.
14) Alternative Dispute Resolution
14.1 The European Commission provides an online dispute resolution (ODR) platform accessible at https://ec.europa.eu/consumers/odr.
14.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
15) Additional Information
15.1 If any provision of these Terms is invalid, the remainder of the contract remains unaffected.
15.2 Product images shown on verisana.de are for illustration only; variations do not constitute defects.