Terms and Conditions
1. Scope
These General Terms and Conditions apply to all deliveries made by DNArchiv (hereinafter referred to as “DNArchiv”) to consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.
2. Contracting Party
The purchase agreement is concluded with DNArchiv, proprietor: Jakob Bärschneider, Hülstrung 49, 42799 Leichlingen, Germany.
3. Conclusion of the Contract
3.1. The presentation of products in the online shop does not constitute a legally binding offer but merely an invitation to place an order.
3.2. By clicking the [Order with Obligation to Pay] button, you place a binding order for the goods listed on the order page. The purchase agreement is concluded when we accept your order by sending you an order confirmation by email immediately after receiving your order.
3.3. The full purchase price of the respective goods becomes due immediately upon clicking the [Order with Obligation to Pay] button.
4. Performance of the Contract
The specific process for fulfilling the contract and the allocation of risks are explained below:
4.1. Once we have received your order, we do not immediately send you the selected piece of jewelry. Instead, we first send a DNA sample collection kit containing a special swab to the address you provided. After receiving the kit, you collect a sample from the inside of your cheek by following the instructions provided. The instructions are included in the same package as the sample collection kit.
After collecting the sample, you must properly seal and label the kit. You must then send it to our address: DNArchiv, Jakob Bärschneider, Hülstrung 49, 42799 Leichlingen, Germany.
Once we have received your sample, we begin extracting and stabilizing the DNA before placing it on the rough diamond. After the rough diamond has been set into the jewelry, we send the finished piece, including its warranty certificate, to the address you provided.
4.2. DNArchiv is unable to properly produce your jewelry unless the sample collection kit containing the DNA is returned. If you do not return it, you are not entitled to demand performance of DNArchiv’s obligations under the purchase agreement, particularly delivery of the jewelry. From the time you receive the sample collection kit, you are solely responsible for collecting the sample correctly and returning the kit properly.
4.3. If, after placing your order and receiving the sample collection kit, you fail to complete the steps described above and do not return the kit, this alone does not entitle you to a refund of the purchase price. A refund may only be requested by exercising the statutory rights available to you, including price reduction, withdrawal or cancellation, in accordance with the applicable legal requirements.
4.4. If DNArchiv determines that the DNA sample was not collected correctly and that this may prevent the purpose of the contract from being fulfilled, a new sample collection kit will be sent to your address. DNArchiv reserves the right to withdraw from the contract after the third unsuccessful collection attempt. Before doing so, however, DNArchiv will take all necessary steps to help ensure that the sample is collected correctly.
5. Prices and Shipping Costs
5.1. The prices shown on the product pages are fixed and non-negotiable. As DNArchiv is subject to the small-business regulation under Section 19 of the German VAT Act (UStG), the stated prices do not include value-added tax.
5.2. DNArchiv will cover the full cost of returning the first sample collection kit, provided the delivery is made within the Federal Republic of Germany. If the first sample cannot be used, a new sample collection kit will be sent to you free of charge. If the second collection attempt is also unsuccessful, the buyer will be responsible for the shipping costs of the next sample collection kit. For deliveries outside the Federal Republic of Germany, the buyer is responsible for shipping costs from the outset. Any applicable shipping costs will be clearly displayed on the product pages, in the shopping cart and on the order page
6. Delivery
6.1. Delivery is carried out by a carrier selected by DNArchiv. The carrier may vary depending on the delivery address.
6.2. DNArchiv normally dispatches the first sample collection kit within one to two weeks of the order being placed. Please note that DNArchiv can only continue processing the order once the consumer has returned the sample collection kit. DNArchiv will begin producing the jewelry within one to two weeks of receiving the returned kit. Provided the customer completes all required steps promptly, the average delivery time is five weeks from placing the order to receiving the finished piece. This average delivery time applies only to orders within the Federal Republic of Germany.
6.3. DNArchiv accepts no liability for delays caused by circumstances beyond its direct control. This applies in particular to circumstances falling within the responsibility of the selected carrier.
7. Payment
7.1. Payment is made using a payment method selected by the consumer in DNArchiv’s online shop. The payment methods currently available, including PayPal, are displayed at checkout. Payment becomes due when the order is placed.
7.2. DNArchiv will begin processing the order only after payment has been received.
8. Retention of Title
The goods remain our property until full payment has been received (Section 449 BGB).
9. Liability
9.1. In the event of a material defect in the goods, claims for damages resulting from that defect are excluded unless DNArchiv acted with gross negligence or intent. Liability for any other damage attributable to the delivered product or to an action by DNArchiv is also excluded unless DNArchiv acted with gross negligence or intent. This exclusion does not apply to damage affecting the customer’s life, body or health.
9.2. A guarantee within the meaning of Section 443 of the German Civil Code (BGB) exists only where expressly agreed. Unless expressly agreed otherwise, information presented solely on the website or in advertising materials does not constitute a guarantee.
The guarantee certificate supplied with each purchased piece of jewelry guarantees that the jewelry contains the DNA of the person or animal whose sample was submitted to DNArchiv by the consumer. Correct attribution is ensured by the buyer labeling the sample tube.
9.3. After receiving the jewelry containing the DNA, the buyer undertakes to handle it in a manner that complies with all applicable legal requirements. The DNA may only be used for future analysis, if required for medical or ancestry-related purposes, and for the emotional purpose of carrying close everything that makes the person or animal unique.
9.4. DNArchiv accepts no responsibility for any misuse of the DNA by the buyer. Once the jewelry has been handed over, the buyer bears sole responsibility for any such conduct.
10. Dispute Resolution
We are willing to participate in dispute resolution proceedings before a consumer arbitration body to settle disputes with consumers.
The competent consumer arbitration body is:
Universalschlichtungsstelle des Bundes
Zentrum für Schlichtung e. V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany
www.universalschlichtungsstelle.de
We will participate in dispute resolution proceedings before this body to settle the disputes referred to above.
11. Choice of Law
In the event of a dispute involving an international element within the meaning of Article 3 of the Introductory Act to the German Civil Code (EGBGB), German law shall apply exclusively wherever a choice of law is legally permitted.
12. Deviating Agreements
Any agreement that deviates from the provisions set out above shall be invalid.
If you have any questions or require clarification regarding these General Terms and Conditions, please contact us by email at info@dnarchiv.de.