Terms of service
Overview
Welcome to Absource Diagnostics. These Terms of Service apply to the use of our website, online store, products, services, and related content.
The terms “we”, “us”, and “our” refer to Absource Diagnostics GmbH, Karl-Schmid-Str. 14, 81829 Munich, Germany.
This online shop is intended exclusively for business customers, companies, institutions, universities, laboratories, medical or research organizations, and other professional users. We do not sell to consumers.
By accessing our website, creating an account, placing an order, or using our services, you agree to these Terms of Service, our Privacy Policy, and any other policies referenced on our website.
If you do not agree to these Terms of Service, you must not use our website or place orders through our online shop.
1. Business Customers Only
Our products and services are offered exclusively to business customers within the meaning of applicable law. By placing an order, you confirm that you are acting in the course of your commercial, professional, scientific, institutional, or public-sector activity and not as a consumer.
We reserve the right to request proof of business status and to refuse or cancel orders if we have reason to believe that the order was placed by a consumer or by an unauthorized person.
2. Account and Customer Information
You may be required to provide certain information when creating an account or placing an order, including your name, company name, billing address, shipping address, VAT ID, email address, telephone number, and payment information.
You represent and warrant that all information provided to us is accurate, complete, current, and authorized. You are responsible for keeping your account information up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activities carried out through your account.
3. Products and Product Information
We make reasonable efforts to ensure that product descriptions, specifications, images, prices, and availability information are accurate and up to date. However, errors, inaccuracies, or changes may occur.
Product images are for illustrative purposes only. The actual product, packaging, labeling, or appearance may differ from the images shown online.
Product descriptions, prices, and availability are subject to change without notice. We reserve the right to modify, discontinue, or limit the availability of any product at any time.
Unless expressly stated otherwise, products are supplied for professional, laboratory, diagnostic, research, or other business-related use only and must be handled by qualified personnel in accordance with applicable laws, regulations, instructions, product documentation, and safety requirements.
4. Orders and Contract Formation
By placing an order through our online shop, you submit a binding offer to purchase the selected products under these Terms of Service.
Receipt of an order confirmation or automated email does not necessarily constitute acceptance of your order unless expressly stated. A contract is formed only when we accept your order, confirm shipment, or otherwise expressly accept the order.
We reserve the right to accept, reject, or cancel any order in whole or in part, including but not limited to cases of product unavailability, pricing errors, suspected misuse, export restrictions, compliance concerns, or failure to meet our B2B customer requirements.
Please review your order carefully before submitting it. Once an order has been accepted or processed, cancellation may no longer be possible.
5. Prices, Taxes, and Payment
Unless expressly stated otherwise, all prices are net prices and do not include VAT, shipping costs, handling costs, customs duties, import charges, or other applicable taxes and fees.
The final price, including applicable taxes and shipping costs, will be shown during checkout or in the order confirmation where applicable.
We reserve the right to change prices, discounts, and promotions at any time without prior notice. The price applicable to an accepted order is the price confirmed by us for that order.
You agree to provide complete and accurate payment and billing information. If payment is not received or is reversed, we may suspend delivery, cancel the order, or take other appropriate measures.
6. Shipping and Delivery
Delivery times are estimates only unless expressly agreed otherwise in writing. We are not liable for delays caused by carriers, customs processing, supply chain issues, force majeure events, or other circumstances outside our reasonable control.
Partial deliveries are permitted where reasonable for the customer.
Unless otherwise agreed in writing, risk of loss or damage passes to the customer when the products are handed over to the shipping carrier or collected by the customer.
7. Inspection of Goods and Defects
As a business customer, you are responsible for inspecting delivered goods immediately upon receipt.
Visible defects, incorrect deliveries, transport damage, or incomplete deliveries must be reported to us without undue delay after receipt. Hidden defects must be reported without undue delay after discovery.
If you fail to notify us in time, the goods may be deemed accepted to the extent permitted by applicable law.
8. Returns and Refunds
Returns and refunds are governed by our Return and Refund Policy.
As this shop is intended exclusively for business customers, statutory consumer withdrawal rights do not apply.
Any return requires our prior written approval. Items returned without prior approval may be refused.
9. Use of Products and Compliance
You are responsible for ensuring that the products you purchase are suitable for your intended use and that they are used, stored, transported, and disposed of in accordance with applicable laws, regulations, safety instructions, product documentation, and professional standards.
You are responsible for obtaining any permits, licenses, approvals, registrations, or authorizations required for the purchase, import, export, storage, handling, resale, or use of the products.
You may not use our products for unlawful purposes or in violation of applicable regulatory, safety, export control, sanctions, or professional requirements.
10. Export Control and Sanctions
You agree to comply with all applicable export control, sanctions, customs, and trade compliance laws and regulations.
We reserve the right to refuse, suspend, or cancel orders where we believe that a transaction may violate applicable export control, sanctions, customs, or trade compliance rules.
11. Third-Party Services and Shopify
Our online shop is operated using Shopify and may include services, tools, payment providers, shipping providers, analytics providers, or other third-party services.
Such third-party services may be subject to separate terms and privacy policies of the respective providers. We are not responsible for third-party websites, services, or content except where required by applicable law.
Sales and purchases made through our online shop are made directly between you and Absource Diagnostics GmbH. Shopify is not the seller of the products offered in our shop.
12. Intellectual Property
All content on our website, including text, images, graphics, logos, product information, layout, design, and other materials, is owned by us or our licensors and is protected by applicable intellectual property laws.
You may use our website only for lawful business purposes related to viewing, purchasing, or requesting information about our products and services.
You may not copy, reproduce, distribute, modify, publish, display, or commercially use any website content without our prior written consent, except where permitted by applicable law.
13. Feedback and Communications
If you provide us with feedback, suggestions, reviews, or other comments, you grant us the right to use such feedback for business purposes, including improving our products, services, and website, unless otherwise agreed in writing.
You are responsible for ensuring that any feedback or content you provide does not infringe third-party rights, violate applicable law, or contain unlawful, misleading, or harmful material.
14. Prohibited Uses
You may not use our website, services, or products:
- for unlawful, fraudulent, or misleading purposes;
- to violate applicable laws, regulations, sanctions, or export control rules;
- to infringe intellectual property rights or other third-party rights;
- to transmit malware, viruses, or harmful code;
- to interfere with the security or operation of our website;
- to scrape, crawl, or extract data without authorization;
- to impersonate another person or organization;
- to place orders on behalf of unauthorized persons or consumers.
We reserve the right to suspend or terminate access to our website or customer accounts if we believe these Terms have been violated.
15. Errors and Availability
Our website may contain typographical errors, inaccuracies, omissions, or outdated information relating to products, prices, availability, shipping, or other matters.
We reserve the right to correct errors, update information, change availability, or cancel affected orders where necessary.
16. Limitation of Liability
We are liable without limitation for damages caused intentionally or by gross negligence, for injury to life, body, or health, and where liability is mandatory under applicable law.
In cases of slight negligence, we are liable only for breaches of material contractual obligations. In such cases, liability is limited to typical and foreseeable damages.
To the extent permitted by law, we are not liable for indirect damages, consequential damages, loss of profit, loss of revenue, business interruption, loss of data, or other financial losses.
Nothing in these Terms limits liability where such limitation is not permitted under applicable law.
17. Force Majeure
We are not liable for delays or failure to perform caused by circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, strikes, labor disputes, supply chain disruptions, transport delays, government actions, energy shortages, cyberattacks, or failures of third-party service providers.
18. Privacy
The processing of personal data is governed by our Privacy Policy.
Please review our Privacy Policy for information about how we collect, use, process, and protect personal data, including data processed through Shopify and other service providers.
19. Termination and Account Suspension
We may suspend or terminate your account or access to our website if you breach these Terms, provide false information, misuse our services, fail to make payments, or if continued access would create legal, security, compliance, or business risks.
Any payment obligations, liability provisions, intellectual property provisions, confidentiality obligations, and other provisions that by their nature should survive termination will remain effective after termination.
20. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations where permitted by applicable law, including in connection with a business transfer, restructuring, or sale of assets.
21. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain valid and enforceable.
22. Governing Law and Jurisdiction
These Terms of Service and any contractual relationship between you and us are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory law provides otherwise.
If you are a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms or our business relationship is Munich, Germany, to the extent permitted by law.
23. Changes to These Terms
We may update or modify these Terms from time to time. The current version will be available on our website.
Changes apply from the date stated in the updated Terms or, if no date is stated, from the date of publication. For existing orders, the Terms in effect at the time the order was accepted apply unless otherwise agreed.
24. Contact Information
Questions about these Terms of Service should be sent to: contact@absource.de
Trade name: Absource Diagnostics
Company: Absource Diagnostics GmbH
Phone: +49 89 4614850 12
Email: contact@absource.de
Address: Karl-Schmid-Straße 14, 81829 München, Germany
VAT number: DE266443376
Commercial register number: HRB 181011