Terms & Conditions
- Scope of Application
These general terms and conditions (hereinafter “GTC”) apply to the contracts to be concluded between
MS Validated Antibodies GmbH
Alter Wall 32
and the customer.
These terms and conditions apply exclusively. Deviating terms and conditions of the customer do not become part of the contract even if the MSVA does not expressly contradict their validity.
The products of the MSVA as well as the provisions of this contract are not aimed at consumers, but exclusively at entrepreneurs. The customer hereby acknowledges this.
The customer assures that he is an entrepreneur.
The products of the MSVA are intended exclusively for research purposes. The version of these terms and conditions valid at the time of the order applies.
- Subject matter of the contract
The MSVA sells antibodies for immunohistochemical investigations.
- Conclusion of the contract
All offers on the MSVA website represent a so-called invitatio ad offerendeum. This is not a binding offer in the sense of § 145 BGB, but an invitation to the customer to submit an offer. The ordering process is as follows:
After the customer has placed the desired product in the shopping cart, he makes a binding offer for acceptance by clicking the “Buy now” button. After placing the order, the customer receives a confirmation email that merely informs him that the order or the offer for acceptance has been received by MSVA.
The contract is then concluded through a binding declaration of acceptance in a separate email or through the dispatch of the products.
- Prices and terms of payment
All prices include the value-added tax. Shipping costs may be added to the stated product prices. You can find more information on the amount of shipping costs on the website in connection with the product description and are shown separately on the invoice.
The customer can choose to pay the price owed to one of the specified accounts by credit card, on account or in advance.
- Right of withdrawal
There is no right of withdrawal.
Place of performance / place of fulfillment is the location of the MSVA branch. If the customer wishes the goods to be sent, the risk is transferred to the customer when the ordered products are handed over to the third party appointed for shipping (shipping service provider). This also applies if the MSVA takes over the shipping costs
If the non-compliance with delivery deadlines is due to force majeure or similar events for which the MSVA is not responsible, for example a strike, the delivery time is extended by the time during which the event or its effects continue.
- Retention of Title
The MSVA retains ownership of the delivered products until all claims against the customer arising from the contract have been met (retention of title). During the existence of the retention of title, the customer has to keep the products in compliance with the prescribed delivery conditions. Furthermore, until the transfer of ownership, the customer must immediately notify the MSVA that the delivered product is subject to seizure, confiscation or other interference by third parties.
In the event of a breach of duty by the customer, in particular in the event of default in payment, the MSVA is entitled to demand the return of the products without setting a deadline.
- Liability for defects
Claims for defects become statute-barred one year after the transfer of risk. This limitation period does not apply in the event of willful intent or fraudulent concealment of a defect or if the MSVA has assumed a guarantee for the quality of the product.
The limitation periods also do not apply to claims for damages in the event of a grossly negligent breach of duty, in the case of culpable breach of essential contractual obligations, in cases of culpably caused injury to life, body or health, or in the case of claims under the Product Liability Act.
The MSVA expressly points out the requirements for an immediate notification of defects in accordance with Section 377 of the German Commercial Code (HGB). Immediately after receipt of the products, the customer will check whether they correspond to the quantity and type ordered and whether there are any externally recognizable defects.
The MSVA and its representatives or vicarious agents are liable for intentional or grossly negligent breaches of duty as well as for culpable injury to life, body or health in accordance with the statutory provisions. However, the liability of the MSVA in cases of gross negligence is limited to the foreseeable damage typical for the contract. The damage limitation does not apply if there is another case of intent or culpable harm to life, body or health.
Otherwise, the MSVA is only liable in accordance with the Product Liability Act, due to the culpable breach of essential contractual obligations or if the MSVA has fraudulently concealed the defect or has assumed a guarantee for the quality of the product. The claim for damages for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage. The limitation of damage does not apply if at the same time another of the exceptional cases listed in this paragraph is present.
- Place of jurisdiction
In all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the action must be brought to the court that is responsible for the headquarters of the MSVA. The place of jurisdiction is therefore Hamburg
The MSVA is also entitled to sue at the client’s headquarters.
This contract is subject to the Federal Republic of Germany to the exclusion of the UN sales law.