Terms


1. SCOPE

THESE TERMS AND CONDITIONS APPLY TO ALL DECLARATIONS OF INTENT, CONTRACTS AND CONTRACTUAL ACTS OR ACTS SIMILAR TO CONTRACTS OF R&D LAB UG, WEINBERGSWEG 2, 10119 BERLIN (“R&D LLAB”) WITH ITS CUSTOMERS (HEREINAFTER REFERRED TO AS “CUSTOMER”). COUNTER-CONFIRMATIONS FROM THE CUSTOMER WITH REFERENCE TO HIS OWN STANDARD TERMS AND CONDITIONS AND/OR PURCHASE TERMS ARE EXPRESSLY OBJECTED TO; THESE SHALL NOT CONSTITUTE A PART OF AGREEMENTS, UNLESS THE TERMS AND CONDITIONS ARE EXPRESSLY CONFIRMED IN WRITING BY R&D LAB.

 

2. DEFINITIONS

2.1. "CUSTOMER" WITHIN THE MEANING OF THESE TERMS AND CONDITIONS ARE ALL NATURAL PERSON WHO CONCLUDE THE CONTRACT FOR PURPOSES THAT MAY NOT BE ATTRIBUTED TO THEIR COMMERCIAL NOR TO THEIR INDEPENDENT VOCATIONAL ACTIVITY.

2.2. WITHIN THE MEANING OF THESE TERMS AND CONDITIONS, A MERCHANT IS ANY CUSTOMER ACTING IN EXERCISE OF HIS COMMERCIAL OR SELF-EMPLOYED PROFESSIONAL ACTIVITIES ON CONCLUSION OF THE CONTRACT.

 

3. CONCLUSION OF CONTRACT

3.1 THE RANGE OF PRODUCTS ON THE WEBSITE OF R&D LAB ARE WITHOUT OBLIGATION, WITH THEIR ORDER, CUSTOMERS SUBMIT A BINDING OFFER FOR THE CONCLUSION OF A PURCHASE CONTRACT. THE CONFIRMATION OF RECEIPT (LABELLED AS “NOTICE OF RECEIPT”) AND POSSIBLE STATUS REPORTS SUBSEQUENTLY SENT BY R&D LAB DO NOT REPRESENT AN ACCEPTANCE OF THE OFFER. R&D LAB CAN ACCEPT THE CUSTOMER’S ORDER WITHIN TWO DAYS FOLLOWING THE RECEIPT OF THE ORDER. THE AGREEMENT IS ENTERED INTO UPON RECEIPT OF A DECLARATION (LABELLED AS “ORDER CONFIRMATION”) BY THE CUSTOMER. THE DISPATCH OF THE ORDERED GOODS AND THE CONFIRMATION OF DISPATCH TO THE CUSTOMER SHALL BE DEEMED TO BE THE EQUIVALENT OF AN EXPRESS DECLARATION OF ACCEPTANCE BY R&D LAB, IF NO SUCH EXPRESS DECLARATION HAS BEEN SENT. THE CONFIRMATION OF THE ORDER IS NOT EQUIVALENT TO AN ACCEPTANCE BY R&D LAB OF THE OFFER TO BUY, BUT A NOTIFICATION TO THE CUSTOMER, WHICH CONFIRMS THE RECEIPT AND THE PRECISE TERMS OF THE ORDER. 
AN OFFICIAL SALES CONTRACT BETWEEN THE CUSTOMER AND SUPERCONSCIOUS ONLY TRANSPIRES WHEN THE CUSTOMER RECEIVES FROM R&D LAB – IN ADDITION TO THE CONFIRMATION OF THE ORDER – A FURTHER CONTRACT VIA E-MAIL. 
IF THE ORDERED GOODS ARE IN STOCK AND AVAILABLE FOR DELIVERY, THE CUSTOMER WILL RECEIVE THE AFOREMENTIONED SALES CONTRACT WITHIN A PROCESSING PERIOD OF 48 HOURS AFTER INITIAL CONFIRMATION OF THE ORDER. 
IF THE ORDERED GOODS CANNOT BE DELIVERED ON TIME OR AT ALL, R&D LAB WILL INFORM THE CUSTOMER OF THIS WITHIN 48 HOURS AFTER THE INITIAL ORDER CONFIRMATION. 
IF THE ORDERED GOODS CANNOT BE DELIVERED ON TIME, THE CUSTOMER MAY CHOOSE TO WAIT FOR THE ORDERED GOODS TO ARRIVE BACK IN STOCK OR DECIDE TO CANCEL THE ORDER ALTOGETHER. 

IF THE GOODS CANNOT BE DELIVERED AT ALL, R&D LAB WILL REVOKE THE ORDER CONFIRMATION AND A SALES CONTRACT WILL NOT MATERIALISE. IN THE EVENT THAT PAYMENTS HAVE ALREADY BEEN RECEIVED BY R&D LAB, THE CUSTOMER WILL BE REIMBURSED IMMEDIATELY.  

3.2 THIS AGREEMENT CAN ONLY BE CONCLUDED IN ENGLISH.

 

4. PRICES, SHIPPING COSTS, PAYMENT

4.1. THE PRICES AT THE TIME OF THE ORDER ARE APPLICABLE. ALL PRICES INCLUDE GERMAN VAT AT THE CURRENT RATE AND ARE EXCLUSIVE OF PACKAGING AND SHIPPING COSTS. VAT, PACKAGING AND SHIPPING WILL BE STATED SEPARATELY IN THE INVOICE. DELIVERY TO COUNTRIES OUTSIDE OF THE EU MAY INCUR ADDITIONAL FEES AND CUSTOMS TO BE PAID BY THE CUSTOMER.

4.2. THE CUSTOMER CAN CHOOSE BETWEEN VARIOUS MODES OF PAYMENT WHICH ARE OFFERED DEPENDING ON THE ORDER AMOUNT, THE TYPE OF DELIVERY, THE DESTINATION AND THE SETTINGS IN THE CUSTOMER’S ACCOUNT. THE VARIOUS MODES OF PAYMENT ARE AVAILABLE FOR THE CUSTOMER IN THE “SHOPPING CART” AND ALSO DESCRIBED ON THE R&D LAB WEBSITE. 

 

5. DELIVERY TIME LIMITS

5.1. THE DELIVERY TIMES DEPEND ON THE RESPECTIVE PRODUCT. THE AVAILABILITY OF EACH PRODUCT IS SHOWN ON THE WEBSITE OF R&D LAB BY MEANS OF SYMBOLS AND CORRESPONDING EXPLANATIONS. DEPENDING ON THE CHOSEN TYPE OF SHIPMENT THE ORDER WILL BE DELIVERED WITHIN THE USUAL SHIPPING TIME IN OR FROM GERMANY. THE CUSTOMER WILL BE INFORMED BY EMAIL.

5.2. THE CUSTOMER WILL BE INFORMED BY EMAIL IN CASE OF A CHANGE TO THE EXPECTED SHIPMENT DATE AFTER HE HAS PLACED THE ORDER. INSOFAR AS THE CUSTOMER IS A CONSUMER HE SHALL THEN BE ENTITLED TO CANCEL THE ORDER OR MAKE CHANGES FREE OF CHARGE AT ALL TIMES BEFORE DELIVERY, UNLESS OTHERWISE EXPRESSLY AGREED BETWEEN R&D LAB AND THE CUSTOMER.

5.3. IF THE CUSTOMER IS A MERCHANT, HE SHALL SET R&D LAB A REASONABLE FINAL TIME LIMIT, IF THE DELIVERY PERIOD IS EXCEEDED.

 

6. NON-DELIVERY BY PRE-SUPPLIERS

6.1. R&D LAB DOES NOT ASSUME ANY SUPPLY RISK. IF THE OBJECT CANNOT BE DELIVERED OR IS TEMPORARILY NOT AVAILABLE DESPITE THE PRIOR CONCLUSION OF A CORRESPONDING PURCHASE CONTRACT, R&D LAB SHALL IMMEDIATELY INFORM THE CUSTOMER THEREOF AFTER THE ORDER HAS BEEN PLACED AS WELL AS SUBSEQUENTLY AT REGULAR INTERVALS. UNTIL DELIVERY BY THE PRE-SUPPLIER, SUPERCONSCIOUS IS RELEASED FROM THE OBLIGATION TO PERFORM AND MAY CANCEL THE CONTRACT WITH THE CUSTOMER IN CASE OF NON-AVAILABILITY. THIS SHALL NOT APPLY, IF R&D LAB IS RESPONSIBLE FOR NON-DELIVERY BY THE PRE-SUPPLIER. IF R&D LAB INTENDS TO CANCEL THE CONTRACT, IT SHALL EXERCISE THE RIGHT OF CANCELLATION IMMEDIATELY AFTER LEARNING OF THE NON-AVAILABILITY.

6.2. IN THE EVENT OF CANCELLATION, AMOUNTS ALREADY PAID AGAINST THE PURCHASE PRICE SHALL BE IMMEDIATELY REIMBURSED BY R&D LAB. CLAIMS FOR DAMAGES BY THE CUSTOMER ARE EXCLUDED. THIS SHALL NOT APPLY, IF R&D LAB IS RESPONSIBLE FOR THE NON-DELIVERY BY THE PRE-SUPPLIER.

 

7. INSTRUCTIONS ON WITHDRAWAL

RIGHT OF WITHDRAWAL

YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN 14 DAYS WITHOUT GIVING ANY REASON. THE ITEMS CAN ALSO BE EXCHANGED AS LONG AS THE NEW DESIRED SIZE IS AVAILABLE.

THE WITHDRAWAL PERIOD WILL EXPIRE AFTER 14 DAYS FROM THE DAY ON WHICH YOU ACQUIRE, OR A THIRD PARTY OTHER THAN THE CARRIER AND INDICATED BY YOU ACQUIRES, PHYSICAL POSSESSION OF THE GOODS.

TO EXERCISE THE RIGHT OF WITHDRAWAL, YOU MUST INFORM US (R&D LAB UG, WEINBERGSWEG 22, 10119 BERLIN, TEL.: +49 17667928373, EMAIL: CONTACT@RNDLAB.DE) OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT BY AN UNEQUIVOCAL STATEMENT (E.G. A LETTER SENT BY POST OR E-MAIL).

 TO MEET THE WITHDRAWAL DEADLINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED.

 

EFFECTS OF WITHDRAWAL

IF YOU WITHDRAW FROM THIS CONTRACT, WE SHALL REIMBURSE TO YOU ALL PAYMENTS RECEIVED FROM YOU, EXCLUDING THE COSTS OF DELIVERY (WITH THE EXCEPTION OF THE SUPPLEMENTARY COSTS RESULTING FROM YOUR CHOICE OF A TYPE OF DELIVERY OTHER THAN THE LEAST EXPENSIVE TYPE OF STANDARD DELIVERY OFFERED BY US), WITHOUT UNDUE DELAY AND IN ANY EVENT NOT LATER THAN 14 DAYS FROM THE DAY ON WHICH WE ARE INFORMED ABOUT YOUR DECISION TO WITHDRAW FROM THIS CONTRACT. WE WILL CARRY OUT SUCH REIMBURSEMENT USING THE SAME MEANS OF PAYMENT AS YOU USED FOR THE INITIAL TRANSACTION, UNLESS YOU HAVE EXPRESSLY AGREED OTHERWISE; IN ANY EVENT, YOU WILL NOT INCUR ANY FEES AS A RESULT OF SUCH REIMBURSEMENT. WE MAY WITHHOLD REIMBURSEMENT UNTIL WE HAVE RECEIVED THE GOODS BACK OR YOU HAVE SUPPLIED EVIDENCE OF HAVING SENT BACK THE GOODS, WHICHEVER IS THE EARLIEST.

YOU SHALL SEND BACK THE GOODS OR HAND THEM OVER TO US, WITHOUT UNDUE DELAY AND IN ANY EVENT NOT LATER THAN 14 DAYS FROM THE DAY ON WHICH YOU COMMUNICATE YOUR WITHDRAWAL FROM THIS CONTRACT TO US. THE DEADLINE IS MET IF YOU SEND BACK THE GOODS BEFORE THE PERIOD OF 14 DAYS HAS EXPIRED. YOU WILL HAVE TO BEAR THE DIRECT COST OF RETURNING THE GOODS. YOU ARE ONLY LIABLE FOR ANY DIMINISHED VALUE OF THE GOODS RESULTING FROM THE HANDLING OTHER THAN WHAT IS NECESSARY TO ESTABLISH THE NATURE, CHARACTERISTICS AND FUNCTIONING OF THE GOODS.

 

8. WARRANTY 

8.1. STATUTORY WARRANTY RIGHTS ARE IN FORCE. THE WARRANTY DEPENDS ON THE STATUTORY PROVISIONS, AS WELL AS THE FOLLOWING REGULATIONS.

8.2. IN THE EVENT OF A DEFECT OF THE OBJECT THE CUSTOMER SHALL REQUEST SUBSEQUENT PERFORMANCE FROM R&D LAB. IF THE CUSTOMER SETS A TIME LIMIT FOR THIS, IT MUST BE REASONABLE.

8.3. CLAIMS BASED ON DEFECTS OF QUALITY SHALL EXPIRE AT THE END OF A PERIOD OF TWO WEEKS FROM DELIVERY OF THE OBJECT.

8.4. THE LIMITATION PERIOD STATED IN PARAGRAPH 8.3. SHALL NOT APPLY IN THE CASE OF WILFUL MISCONDUCT OR FRAUDULENT CONCEALMENT OF A DEFECT OR IF R&D LAB HAS ASSUMED A GUARANTEE FOR THE QUALITY OF THE DELIVERY ITEM. IN ADDITION, SUCH PERIOD SHALL NOT APPLY TO CLAIMS BASED ON DEFECTS OF QUALITY IN THE CASES OF INJURY TO HEALTH AND SAFETY, TO CLAIMS UNDER THE PRODUCT LIABILITY ACT, IN CASE OF A GROSSLY NEGLIGENT BREACH OF DUTY OR WITH CULPABLE BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS.

 

9. DEFECTIVE ITEMS

A RETURN CONTAINING DEFECTIVE ITEMS WILL ONLY BE ACCEPTED IF THE ITEM(S) WAS/WERE RECEIVED FAULTY. A MEMBER OF OUR TEAM OR THE VENDOR ITSELF WILL EVALUATE THE RETURNED ITEM(S) AND IF THE ITEMS ARE BELIEVED TO BE SUBJECT TO FAIR WEAR, THEY WILL NOT BE ACCEPTED. R&D LAB TAKES EXTRA PRECAUTIONS TO AVOID SUCH SITUATIONS.
RETURNS WILL ONLY BE ACCEPTED IF THE ITEMS ARE NEW AND UNWORN. RETURNED ITEMS MUST ALSO BE IN THEIR ORIGINAL PACKAGING WITH ALL OF THE ASSOCIATED LABELS. 
WE ENCOURAGE ALL CUSTOMERS CHECK THE DELIVERED ITEMS UPON RECEIPT, BEFORE REMOVING LABELS OR PACKAGING.

 

10. RETENTION OF TITLE

DELIVERED GOODS SHALL REMAIN THE PROPERTY OF R&D LAB UNTIL FULL PAYMENT OF THE PURCHASE PRICE AND SETTLEMENT OF ALL CLAIMS UNDER THE SUPPLY CONTRACT.

 

11. LIABILITY

10.1. CLAIMS FOR DAMAGES FOR A BREACH OF DUTY AND IN TORT, AND CLAIMS FOR REIMBURSEMENT OF FUTILE EXPENSES, ARE EXCLUDED WITH REGARD TO BOTH SUPERCONSCIOUS AND ITS EMPLOYEES AND VICARIOUS AGENTS.

10.2. THIS LIMITATION OF LIABILITY SHALL NOT APPLY, IF THE DAMAGE WAS WILFULLY CAUSED OR BY GROSS NEGLIGENCE, OR ON A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS, MEANING CONTRACTUAL OBLIGATIONS THAT ENABLE PROPER ENFORCEMENT OF THE CONTRACT IN THE FIRST PLACE AND WHICH THE CONTRACTUAL PARTNER CAN RELY ON TO BE FULFILLED ON A REGULAR BASIS, AND WHICH ENDANGER REACHING THE PURPOSE OF THE CONTRACT, IF THEY ARE VIOLATED. IT SHALL NOT APPLY TO DAMAGE CAUSED BY INJURIES TO HEALTH AND SAFETY, EITHER, IF R&D LAB IS RESPONSIBLE FOR THE BREACH OF DUTY. THE LIMITATION SHALL NOT FURTHER APPLY TO DAMAGE THAT IS CAUSED BY THE ABSENCE OF A WARRANTED QUALITY OR FOR WHICH LIABILITY IS STIPULATED UNDER THE PRODUCT LIABILITY ACT.

10.3. DELIVERIES ARE AUTOMATICALLY COVERED BY TRANSPORT INSURANCE IN ORDER TO COVER THE TRANSPORT RISK. AMOUNTS PAID BY THE INSURANCE COMPANY SHALL BE IMMEDIATELY FORWARDED TO THE CUSTOMER BY R&D LAB. THIS SHALL ALSO APPLY, IF THE LIABILITY OF R&D LAB IS EXCLUDED UNDER THE ABOVE PROVISIONS BUT TYPICALLY INCURRING AND FORESEEABLE DAMAGES ARE NEVERTHELESS COVERED BY THE INSURANCE. FURTHER CLAIMS OF THE CUSTOMER AGAINST R&D LAB ARE EXCLUDED IN THIS CASE.

 

12. EXCLUSION OF SET-OFF

THE CUSTOMER IS NOT ENTITLED TO SET-OFF. THE EXCLUSION OF SET-OFF SHALL NOT APPLY, IF THE COUNTER-CLAIMS ARE NOT DISPUTED BY R&D LAB, IF THEY ARE DECLARED FINAL AND ABSOLUTE OR ARE READY FOR A DECISION.

 

13. ONLINE REGISTRATION, ACCESS DATA

12.1. UPON REGISTRATION, A USER ACCOUNT WILL BE SET UP FOR THE CUSTOMER AFTER REGISTRATION. THE CUSTOMER SHALL BE INFORMED OF THE NECESSARY ACCESS AND USE DATA (REFERRED TO BELOW AS “ACCESS DATA” INCLUDING THE PASSWORD). R&D LAB IS ENTITLED TO CHANGE THE CUSTOMER’S ACCESS DATA AT A LATER DATE. IN THIS CASE THE CUSTOMER SHALL BE IMMEDIATELY INFORMED OF THE NEW ACCESS DATA.

12.2. THE CUSTOMER SHALL BE RESPONSIBLE FOR PROTECTING THE ACCESS DATA. THE ACCESS DATA SHALL BE KEPT SECRET AND MAY NOT BE MADE ACCESSIBLE TO THIRD PARTIES WITHOUT THE PRIOR WRITTEN CONSENT OF R&D LAB. THE CUSTOMER IS AWARE THAT THIRD PARTIES WITH KNOWLEDGE OF THE ACCESS DATA HAVE THE POSSIBILITY TO PLACE ORDERS WITH R&D LAB IN THE CUSTOMER'S NAME. IF THE CUSTOMER DISCOVERS OR SUSPECTS THAT ITS ACCESS DATA ARE BEING USED BY THIRD PARTIES, HE SHALL BE IMMEDIATELY OBLIGED TO CHANGE HIS ACCESS DATA OR, IF THIS IS NOT POSSIBLE, TO IMMEDIATELY INFORM R&D LAB.

12.3. IF THERE IS REASONABLE SUSPICION OF ABUSE OF THE CUSTOMER’S ACCESS DATA, IN PARTICULAR IF SUCH ABUSE WAS REPORTED BY THE CUSTOMER, R&D LAB SHALL HAVE THE RIGHT TO IMMEDIATELY BLOCK ACCESS. R&D LAB SHALL INFORM THE CUSTOMER OF THE BLOCKING.

12.4. R&D LAB SHALL NOT BE LIABLE FOR DAMAGE OR LOSS SUFFERED BY THE CUSTOMER THROUGH THE IMPROPER USE OR LOSS OF THE ACCESS DATA. THIS SHALL NOT APPLY, IF THE DAMAGE WAS WILFULLY CAUSED OR THROUGH GROSS NEGLIGENCE. THE EXCLUSION OF LIABILITY SHALL NOT APPLY EITHER TO INJURIES TO HEALTH AND SAFETY, IF R&D LAB IS RESPONSIBLE FOR THE BREACH OF DUTY. 

 

14. DATA PROTECTION

R&D LAB USES THE DATA PROVIDED BY THE CUSTOMER, SUCH AS NAME, ADDRESS, TELEPHONE NUMBER, FAX NUMBER AND EMAIL ADDRESS, SOLELY FOR PROCESSING THE ORDER AND FOR OTHER CONTRACTUAL RELATIONS WITH THE CUSTOMER. DATA WILL NOT BE FORWARDED TO THIRD PARTIES. THE DATA PROTECTION PRACTICE OF R&D LAB IS IN LINE WITH THE FEDERAL DATA PROTECTION ACT (BDSG) AS WELL AS THE TELESERVICE DATA PROTECTION ACT (TMG). PLEASE ALSO SEE OUR PRIVACY POLICY.

 

15. LEGAL INFORMATION ABOUT THE CONTENTS OF THE SUPERCONSCIOUS-WEBSITES

THE CONTENT OF THE WEBSITES OF R&D LAB IS CREATED AND UPDATED AT CONSIDERABLE FINANCIAL EXPENSE. THE CONTENT OF THE WEBSITES OF R&D LAB MAY ONLY BE USED FOR PROVIDING INFORMATION TO THE CUSTOMER FOR OWN REQUIREMENTS. ANY USE OF THE CONTENTS IN EXCESS OF THIS OR A LINK WITH THE CONTENTS FOR COMMERCIAL PURPOSES IS NOT PERMITTED. THIS APPLIES IRRESPECTIVE OF THE LEGAL CAPABILITY OF PROTECTION IN PARTICULAR FOR WATERMARKS AND OTHER MARKS OF R&D LAB, FOR IMAGES, PRODUCT DESCRIPTIONS, PRODUCT DATA AND OTHER PRODUCT INFORMATION. THE CUSTOMER ACKNOWLEDGES THE ABOVE RESTRICTIONS OF USE OF THE CONTENTS OF THE WEBSITES OF R&D LAB.

 

16. MISCELLANEOUS

15.1 THE LAWS OF THE FEDERAL REPUBLIC OF GERMANY SHALL APPLY EXCLUSIVELY TO THE CONTRACT. THE APPLICABILITY OF THE UN SALES CONVENTION IS EXCLUDED. IF THE CUSTOMER IS A CONSUMER, THE MANDATORY CONSUMER PROTECTION PROVISIONS WHICH APPLY IN THE STATE IN WHICH THE CUSTOMER HAS HIS CUSTOMARY PLACE OF RESIDENCE ARE ALSO APPLICABLE, INSOFAR AS THESE OFFER FURTHER PROTECTION TO THE CUSTOMER.

 

YOU CAN FIND MORE INFORMATION ABOUT R&D LAB'S LAST HEIRS ONLINE SHOP PLATFORM SHOPIFY AND THEIR DATA COLLECTION AND USAGE HIER.

HTTPS://CDN.SHOPIFY.COM/S/FILES/1/0740/7407/FILES/SHOPIFY_GDPR-WHITEPAPER.PDF?3506680182936184781

 

THIS SITE IS OPERATED BY R&D LAB UG. WE ARE REGISTERED IN GERMANY UNDER OUR REGISTERED OFFICE WEINBERGSWEG 2, BERLIN 10119, GERMANY. THIS IS ALSO OUR MAIN TRADING ADDRESS. YOU MAY CONTACT US AT THE ABOVE MENTIONED ADDRESS VIA MAIL AND VIA THE FOLLOWING EMAIL ADDRESS: CONTACT@RNDLAB.DE.  OUR VAT NUMBER IS DE310185155.  THE EUROPEAN COMMISSION PROVIDES A PLATFORM FOR ONLINE DISPUTE RESOLUTIONS (ODR) WHICH CAN BE ACCESSED AT HTTPS://EC.EUROPA.EU/CONSUMERS/ODR/. WE ARE READY TO PARTICIPATE IN EXTRA-JUDICIAL DISPUTE SETTLEMENT PROCEEDINGS BEFORE A CONSUMER DISPUTE RESOLUTION BODY.