§ 1 SCOPE OF APPLICATION
(1) The following General Terms and Conditions (GTC) of IGL Labor GmbH shall apply to all deliveries and services rendered within the scope of our business activities. The GTC apply to orders placed by e-mail, via the contact form and to orders placed by telephone. Our GTC shall also be effective if we do not expressly refer to them in subsequent contracts within the framework of an ongoing business relationship. They shall also apply to all future business relations, even if they are not expressly agreed again. By placing an order with us, the customer agrees to the validity of these General Terms and Conditions.
(2) Any conflicting, deviating or supplementary terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.
(3) The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 CONCLUSION OF THE CONTRACT
(1) The customer can choose from the products shown on our website. The customer has the option to order the diagnostic kit offered on the website. In addition, it is possible to place an order for the analysis of a blood sample.
(2) The customer submits a binding application to purchase the Diagnostic Kit in an e-mail to us at email@example.com, via the contact form on our website or by telephone on +49 4845 79 16 40. By placing the order, the customer has also taken note of the General Terms and Conditions, as these are sufficiently indicated on the website. We then send the customer an e-mail in which the customer's order is listed again and which the customer can print out. Upon sending this e-mail, the contract shall be concluded, as it shall be deemed as the submission of the declaration of acceptance by us.
(3) In the event that the customer commissions us to analyse his blood sample, the customer shall complete the order form provided for download on our homepage and send it to us together with the blood sample. The commissioning of the analysis of the blood sample also requires the signed declaration of consent, which must be signed and sent to us together with the fully completed order form. The presentation of the declaration of consent is a prerequisite for the analysis of the blood sample.
(4) For orders of the Diagnostic Kits from abroad, we send our GTC separately with the declaration of acceptance by e-mail as an attachment to the e-mail or by post, at the latest upon delivery of the goods to the customer, the contract text consisting of the order, GTC and order confirmation will be sent.
(5) The contract shall be concluded in German and only this version shall be legally binding. Correspondence and translations in English serve the better understanding of the contracting parties. However, errors in the translation do not constitute a basis for claims for possible liability issues.
§ 3 PRICES AND TERMS OF PAYMENT
(1) All prices stated on our website are inclusive of the applicable statutory value added tax.
(2) Unless otherwise agreed, our invoices are due for payment without deduction within 14 days of the invoice date. After expiry of this period, the buyer/client shall be in default of payment. Discounts or other reductions require a special written agreement. In addition to each order, we charge a flat fee of € 7.70 (shown as "Findings"). Should an Epigenetic Diagnostic Kit be ordered, a fee of € 28.00 net per order will be charged. Shipping the Epigenetic Diagnostic Kit abroad may result in additional costs. Please contact us. Any customs duties incurred are the responsibility of the recipient.
(3) All our claims shall in any case become due immediately if the buyer/client defaults on payment or the fulfilment of another obligation towards us. The same shall apply if the conditions of § 3 No. 5 exist or circumstances become known which justify reasonable doubts about the creditworthiness of the buyer/client.
(4) In the event of default in payment, we shall be entitled, without prejudice to further claims, to charge the interest customary in banking, but at least interest in the amount of 5% above the respective base interest rate of the European Central Bank. Furthermore, in this case we are entitled to make further services dependent on advance payments or securities, to demand compensation for damages due to delay in performance or to withdraw from the contract. This does not apply if the buyer has justifiably objected to the delivery.
(5) The buyer/client shall only be entitled to a right of retention insofar as it is based on the same contractual relationship. The offsetting of counterclaims is only permissible insofar as these are recognised by us as existing and due or have been legally established. The rights of the buyer/client arising from contractual relationships with us are not transferable without our consent.
(6) Orders / services from abroad, incl. Europe, can only be made against indication of the credit card of the practice operator or the sending patient. A fee of € 20.00 is due per order, which we collect from the credit card together with the invoice.
§ 4 SCOPE OF SERVICES AND DELIVERY
(1) Delivery/service periods with regard to the Diagnostic Kits or deadlines which have not been expressly guaranteed as binding are exclusively non-binding information. Delivery times stated by us for the dispatch of the Diagnostic Kits shall be calculated from the time of the order confirmation, subject to prior payment (except in the case of purchase on account).
If we are in default with regard to bindingly guaranteed deadlines and dates, the buyer/beneficiary must give us the purchaser/recipient of the service must set us a reasonable period of grace in writing. Each delivery shall be made at the risk of the buyer if the customer is an entrepreneur. Insofar as no specific type of dispatch has been agreed, the type of dispatch shall remain at our discretion.
The corresponding shipping costs for the Diagnostic Kit shall be indicated to the customer and shall be borne by the customer unless the customer exercises his right of revocation. If the goods are shipped by post, we bear the shipping risk if the customer is a consumer. In the event of revocation, the customer shall bear the direct costs of the return shipment.
(2) In the event of default of acceptance, default of payment or breach of other duties to cooperate, we are in the event of default in acceptance, default in payment or breach of other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses.
(3) Our obligation to deliver shall be suspended as long as the buyer is in arrears with a due obligation towards us, including those arising from the ongoing business relationship.
(4) Shortages of raw materials or energy, strikes, traffic disruptions and official decrees as well as delivery date overruns by upstream suppliers, operational disruptions, cases of force majeure as well as all other circumstances for which we are not responsible shall release us from our obligation to perform/deliver for the duration and to the extent of the impairment of performance. In these cases, we are furthermore entitled - without prejudice to the liability according to § 5 - to withdraw from the contract without compensation if the performance has become impossible or unreasonable for us or if an end to the impediment to performance cannot be foreseen.
(5) If we become aware of facts or circumstances that give rise to doubts about the solvency of the buyer/principal (in particular non-payment of due and reminded invoices, insolvency applications, bill protests, dishonouring of cheques, etc.) and the buyer is not prepared to provide sufficient security despite being requested to do so, we shall be entitled at any time to withdraw from the contract in whole or in part - taking into account Clause 2 of these General Terms and Conditions - without incurring any compensation.
(6) If no copies of the product selected by the customer are available at the time of the order, we shall inform the customer of this immediately in the order confirmation. If a product is permanently not available, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. If the product selected by the customer in the order is only temporarily unavailable, we shall also inform the customer of this without delay.
§ 5 LIMITATION OF WARRANTY AND LIABILITY
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
(4) If we are in default with a service/delivery and if the period of grace to be set by the buyer/client has also expired, the buyer/client may withdraw for the services that have not been provided by the expiry of the period of grace. If the partial performances already rendered are of no interest to the buyer, he shall be entitled to withdraw from the entire contract. If damage has been caused by gross negligence, our liability shall be limited to the foreseeable damage resulting from this breach of duty.
foreseeable as a result of this breach of duty.
(5) The buyer/principal must inspect the goods immediately after receipt and whether they were provided faultlessly and completely and to notify us of visible defects no later than 14 days after receipt of the goods, and of non-apparent defects no later than two weeks after their discovery. If the complaint is justified, the resulting costs shall be borne by us, otherwise by the buyer.
(6) If the goods delivered or the service rendered are defective, we shall, at our discretion, remedy the defect or deliver goods free of defects or render a service free of defects (subsequent delivery, subsequent performance, rectification of defects). If the subsequent performance fails or is unreasonable for the buyer/client, the buyer/client may reduce the price or withdraw from/terminate the contract. There shall be no further claims with the exception of those in accordance with Clauses 7-12.
(7) We shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by us to entrepreneurs is 12 months.
An additional warranty only exists for goods delivered by us if this was expressly stated in the order confirmation for the respective item.
(8) We shall only be liable for damages if (a) liability is mandatory under the applicable law or in cases of injury to life, body or health, (b) we are in breach of a material contractual obligation (cardinal obligation) or have warranted a characteristic of the goods/service (guarantee) or if (c) the damage is based on grossly negligent or intentional conduct on our part.
(9) In all other cases, our liability for damages is excluded, irrespective of the legal basis. In particular, we shall not be liable for indirect damages, loss of profit and other financial losses of the buyer/client.
(10) In any case, liability shall be limited to that damage which we could reasonably foresee or could have foreseen at the time of the conclusion of the contract on the basis of the circumstances and facts available to us. This limitation of liability does not apply in the cases of section 8a, the cases of intentional damage and the cases of grossly negligent damage towards business partners/customers who have not concluded legal transactions with us/received services within the scope of their commercial or independent professional activity (consumers).
(11) The exclusion of liability and the limitation of liability pursuant to the above paragraphs shall also apply to damage caused in an intentional or grossly negligent manner by our employees or vicarious agents. They shall not apply insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies insofar as we and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
(12) We give advice to the best of our knowledge based on our experience. However, all data and information on the suitability and application of our goods are non-binding and do not exempt the buyer from carrying out his own tests. The customer is responsible for observing legal and official regulations when using our goods.
§ 6 RETENTION OF TITLE
(1) The goods remain our property until full payment of all claims against the buyer.
(2) The buyer takes the goods subject to retention of title into customary safekeeping for us.
§ 7 MISCELLANEOUS
(1) In the case of claims based on several services/deliveries, the offsetting of incoming monies against one or the other debt is left to us.
(2) Subsidiary agreements or verbal arrangements must be agreed in writing. This also applies to the waiver of the written form clause. Should individual provisions of the contract be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
The same shall apply if a gap in the contract requiring supplementation becomes apparent during the performance of the contract. In such a case, the invalid provision or loophole shall be interpreted or supplemented in such a way that the economic purpose intended by the invalid provision is achieved.
the economic purpose intended by the invalid provision.
(3) For reasons of simplification, the test reports shall be signed electronically and shall also be valid without a manual signature.
(4) In the case of an order/delivery/service that is subject to the Gene Diagnostics Act (GenDG), it is mandatory that the "Declaration of assumption of costs by the patient" or, in the case of minors, the legal representative be signed and likewise the "Consent for genetic testing". No services can be provided without this.
(5) Each order/service/delivery must be signed by the client or the patient. This applies in particular to the acceptance of the "Declaration of assumption of costs". We cannot provide any service without a signature.
§ 8 PLACE OF PERFORMANCE AND JURISDICTION
(1) The place of performance for both the services to be rendered by us and the services to be rendered by the Buyer, in particular payments, shall be the place where the service owed by us is rendered.
(2) If the contracting party is a merchant, a legal entity under public law or a special fund under public law, the court of special assets under public law, the place of jurisdiction shall be Husum. The same applies if the contracting party does not have a general place of jurisdiction in Germany or if the party moves its place of residence or habitual abode outside the area of application of German law after conclusion of the contract or if its place of residence or habitual abode is unknown at the time the action is brought.
(3) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
§ 9 CANCELLATION POLICY
(1) Consumers have in principle a statutory right of withdrawal when concluding a distance selling transaction, about which the supplier informs them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
(2) Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the third party, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(3) Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you;
In no case will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
The supplier informs about the model withdrawal form according to the legal regulation as follows:
Model cancellation form
If you wish to revoke the contract, please fill out this form and return it.
IGL Labor GmbH – Institut für ganzheitliche Labordiagnostik
I/we hereby revoke ______________________________________
the contract concluded by me/us
for the purchase of the following goods:
Ordered on _________________ Received on _____________________
Name of the consumer(s)
Address of the consumer(s)
Date / Signature of the consumer(s) (only in case of paper communication)
"For me, the IGL laboratory has become indispensable in order to qualitatively and quantitatively detect environmental exposures on a cellular level and to show the patient their relevance for the individual recovery process. This serves both the detection and elimination of health-relevant exposures, as well as the indication and follow-up of detoxification measures.
I also use the IGL lab to gain an understanding of necessary behavioral changes. As a result, many patients actually change their consumption behavior, which benefits individual health and that of the planet.
I also particularly value the opportunity to discuss individual reports in person in order to identify possible therapeutic approaches."
Practice for Holistic Medicine
"I got to know the IGL laboratory in March 2018 as part of a cell membrane therapy training course. I was immediately enthusiastic about the diagnostic results and the therapeutic measures based on them. The enthusiasm continues to this day, and I can no longer imagine my daily practice without diagnostics in the IGL laboratory."
Praxis Dr. med. Bernd Antonius Staden
"I am very satisfied with the laboratory, the accessibility, contact and now also with the customer center. Everything always went quickly and wonderfully when I had questions."
Dr. Bruce Hoffman
Hoffman Centre for Integrative and Functional Medicine, Canada
"IGL is the only laboratory I am aware of which can shed light on Robert Naviaux’ s ground breaking work on the cell danger response, mitochondrial function, as well as reveal toxic insults to the cell membrane and mitochondrial DNA. In my clinical opinion and practice, there is no other tests that comes close to what the IGL test reveals. It has been an absolute game changer in how I approach complex patient diagnosis and treatment."
- Maxim Benz
- Alfredo Dumitrescu
- Frau Aurich
- Dr. Bruce Hoffman