General terms and conditions – VeViVas
1. General information
1.1 These General Terms and Conditions (AGB) apply to all contracts concluded between VeViVas GmbH, im Homburg 31, 79539 Lörrach, (hereafter „VeViVas“) and its customers.
1.2 The present general terms and conditions apply exclusively. Any terms and conditions of business used by the customer which deviate from these GTCs will not be recognised by us - subject to express consent.
1.3 VeViVas is entitled to amend these GTC for objectively justified reasons (e.g. changes in the legal situation or for economic reasons) and within a reasonable period of time. Existing customers will be notified of such changes by e-mail. If the existing customer does not object within the period set in the notification of amendment, his consent to the amendment shall be deemed to have been given. Notification of the intended amendment to these GTCs will indicate the deadline and the consequences of the objection or failure to object.
2. No conclusion of contract with consumers
The services offered by VeViVas are aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (natural or legal persons or a partnership with legal capacity, which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity). VeViVas expressly does not conclude any contracts with consumers. All prices and fees are quoted in net amounts without value added tax.
3.1 VeViVas carries out scientific data analysis and consulting services for its customers. The range of services includes in particular explorative (i.e. hypothesis-generating) analyses of biomedical data, such as so-called biomarker data (e.g. measurements of proteins in blood samples of patients, genetic data). These analyses include statistical analyses, biomedical interpretations of the results and the visualization of results, the writing of reports on the analyses as well as lectures and scientific discussion contributions. In addition, we offer consulting on biomarkers and strategies (especially for pharmaceutical and biotechnology companies) and the formation of expert teams to solve technological problems and to develop products.
3.2 It is pointed out that VeViVas provides all services to the best of its knowledge and belief and in accordance with professional standards and the current state of the art. Any success beyond this is neither owed nor provided. In particular, there can be no guarantee that following the recommendations for action will produce specific results, as this may depend on further factors beyond VeViVas' control.
3.3 The concrete scope (in particular preconditions, deadlines, scope of services and prices) of the services to be provided in an individual case shall be agreed upon in an individual contract.
4. Contract conclusion, prices and terms of payment
4.1 Prospective clients may contact VeViVas by telephone, e-mail, verbally or by other means to make a non-binding inquiry about the provision of specific services. Once the inquiry has been made, the provider will contact the client in a timely manner and, once the specific requirements have been clarified, send the client an offer. The contract for the provision of the agreed services is only concluded when this offer is accepted. The contract text is kept and archived by the provider.
4.2 Prices and terms of payment depend on the ordered service and are agreed upon individually.
5. Obligations of the contracting parties
5.1 VeViVas provides all analysis and consulting services in accordance with the respective technically recognized rules and the state of the art, as well as in compliance with the relevant legal requirements at the time the order is placed. However, certain results cannot be guaranteed, as other factors - over which VeViVas has no control - may also play a role.
5.2 VeViVas will treat all data provided by the Client as confidential and will use it exclusively for the purpose of the services owed under the contract.
5.3 The Client shall provide VeViVas with all data, samples, documents, etc. that are required for the performance of the analyses or other services. Conflicting legal and contractual regulations remain unaffected.
6. Right of use of analysis results
6.1 In the absence of individual agreements to the contrary, VeViVas grants the Client a non-exclusive right of use, unlimited in space and time, to the analyses, analysis results and other work or work results commissioned as soon as the Client has accepted the work and paid the agreed remuneration.
6.2 The rights to use the work results may not be transferred to third parties or used by third parties without the express consent of VeViVas. This shall not apply if the contract between VeViVas and the Client requires the transfer and VeViVas was obliged to recognize this.
7.1 It is pointed out that VeViVas provides all services to the best of its knowledge and belief and in accordance with professional standards and the current state of the art. Any success beyond this is neither owed nor provided. In particular, there can be no guarantee that following the recommendations for action will produce specific results, as this may depend on other factors over which VeViVas has no control. The following disclaimer remains unaffected.
7.2 VeViVas shall be liable to the Client for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
VeViVas shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability such as under the Product Liability Act.
If VeViVas negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on VeViVas in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Client may regularly rely.
Any other liability on the part of VeViVas is excluded.
The above liability provisions also apply with regard to VeViVas' liability for its agents and legal representatives.
8. Data protection
We treat your personal data confidentially and according to the legal data protection regulations. Your data will not be passed on to third parties without your express consent or only within the scope of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. You can find more details in our data privacy statement.
9. Final provisions
9.1 Applicable law is the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
9.2 If the contracting parties are merchants, legal entities under public law or special funds under public law, the court at our registered office in Lörrach shall have jurisdiction for all disputes arising from this contractual relationship, unless an exclusive place of jurisdiction is established for the dispute. This shall also apply if the customer is not resident within the European Union.