Conditions

AXIOM Gesellschaft für Diagnostica und Biochemica mbH Status: 07/10/2015

§1 scope

These general terms and conditions apply to all business relationships between the customer and Axiom Gesellschaft für Diagnostica & Biochemica mbH (hereinafter referred to as: “Axiom”). The inclusion of general terms and conditions of the customer is contradicted, unless the validity of his general terms and conditions has been expressly agreed.

Our customers are both consumers and entrepreneurs. According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity. According to § 14 BGB, an entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

§2 contractual partner

Your contractual partner is:

AXIOM Gesellschaft für Diagnostica & Biochemica mit beschränkter Haftung

Lilienthalstrasse 10-12

68642 Bürstadt

Germany

Managing director: Wolfgang Hypko
Shafiq Ahmad Ahmadi

Darmstadt District Court HRB No. 61822

Sales tax ID: DE 111 615 969

§3 conclusion of contract

Your order represents an offer to Axiom to conclude a purchase agreement. When you place an order at www.axiom-solutions.de, Axiom sends you an email confirming the receipt of your order by Axiom and listing the details (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. A sales contract is only concluded when Axiom sends the ordered product to you and confirms the shipment to you with a second e-mail (shipping confirmation). Products from the same order that are not listed in the shipping confirmation do not become part of the sales contract.

§ 4 Return cost agreement, right of withdrawal, exclusion of the right of withdrawal

Agreement on the bearing of costs: If the customer makes use of his right of withdrawal, he bears the costs of the return,

In the case of goods that cannot be sent as a parcel, the return is free of charge for the customer.

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us, Axiom GmbH, Am Jahnplatz 5, 68642 Bürstadt / Germany, phone: 06206/6012, fax: 06206/6013, email: news@axiom-online.net, by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, but this is not mandatory. If you make use of this option, we will send you a confirmation of receipt of such a cancellation immediately (e.g. by email).

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You have to send the goods back to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You 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 handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Special hint

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of sealed goods / products that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To the

Axiom GmbH

By post: Lilienthalstraße 10-12, 68642 Bürstadt / Germany,

Fax: 06206/6013

Email: news@axiom-online.net

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods / the provision of the following services (*):

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Ordered on (*) / received on (*)

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Name of consumer (s)

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Address of the consumer (s)

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Signature of the consumer (s) (only if this is communicated on paper)

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date

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(*) Delete where inapplicable.

§5 delivery

We would like to point out that all information on availability, shipping or delivery of a product are only approximate information and approximate guide values. They do not represent binding or guaranteed delivery dates.

The delivery takes place on the dispatch route by a transport company commissioned by Axiom. We deliver to the shipping address you specified when you placed your order. If you have chosen “PayPal” as the payment method, the delivery address stored in “PayPal” is decisive.

If Axiom determines during the processing of the order that the ordered product is not available, the customer will be informed of this separately by e-mail.

If Axiom is not able to deliver the ordered goods through no fault of its own, because the supplier of Axiom does not fulfill his contractual obligations, Axiom is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The legal rights of the customer remain unaffected.
If the customer is not found at the delivery address given by him, although the time of delivery has been announced to the customer with a reasonable period of time, the customer bears the costs for the unsuccessful delivery.

The customer bears the risk of accidental loss or accidental deterioration of the goods from the time they are handed over to the customer or a person authorized to receive them.

If the customer has bought the goods as an entrepreneur, the risk of accidental loss and accidental deterioration is transferred to the customer from the time the goods are delivered to our place of business to the transport company commissioned by Axiom.

Deliveries to the customer are only made up to the curb of the property. In the case of deliveries to islands, delivery is made to the ferry terminal on the mainland.

§ 6 Payment, Due Date, Default

The customer can pay the purchase price in advance or by invoice.

If the customer is in default of payment, Axiom is entitled to demand default interest of 5% above the base rate announced by the European Central Bank. If Axiom has demonstrably incurred higher damage caused by default, Axiom is entitled to assert this.

§ 7 Offsetting, retention

The customer is only entitled to offset if his counterclaims have been legally established or are undisputed by Axiom. In addition, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 8 prices

All prices quoted include the applicable statutory value added tax and other price components unless otherwise stated. In addition, there are additional costs for the customer for shipping and packaging.

For delivery to non-EU countries, there may be additional costs such as customs duties and taxes. The customer must also bear these costs.

§ 9 retention of title

The delivered goods remain the property of Axiom until they have been paid for in full.

§ 10 liability for material defects

If the purchased item shows a material defect, the statutory provisions apply, unless otherwise stipulated below.

In the case of consumers, the limitation period for claims for defects in new goods is two years from delivery of the goods to the customer. In the case of used goods, the limitation period is one year from delivery of the goods to the customer.

In the case of entrepreneurs, the limitation period for claims for defects in new goods is one year from the transfer of risk. For used goods claims for defects are excluded. For minor defects the contractor shall have no claims for defects. As far as claims for defects exist, Axiom determines the type of supplementary performance.

§ 11 place of jurisdiction

The law of the Federal Republic of Germany applies to all legal transactions. International sales law does not apply unless the sales contract has been concluded with a consumer and this choice of law removes the mandatory protection provisions of the state in which he has his habitual residence.

In business dealings with a businessman and with legal entities under public law, Darmstadt is agreed as the exclusive place of jurisdiction for all legal disputes arising from the contract.

The same applies in the event that the merchant or legal person under public law does not have a general place of jurisdiction in Germany or the EU or that the place of residence or business is unknown at the time the action is brought. This does not affect the seller’s ability to take legal action at another legal place of jurisdiction.

The platform of the EU Commission for online dispute resolution (OS platform) can be reached via the following link: http://ec.europa.eu/consumers/odr/