Terms of Service – Analytical Services (B2C)

General Terms and Conditions (GTC) of Alpine Biolabs FlexCo

1. Definitions

For the purposes of these General Terms and Conditions (hereinafter "GTC"), "Company" refers to Alpine Biolabs FlexCo, Richard-Neutra-Gasse 5, 1210 Vienna. The term "Customer" refers to any contracting party or purchaser who enters into a business relationship with the Company.

2. Scope of Application

These GTC apply to all goods and services offered by the Company at its business premises, at temporary exhibition stands (hereinafter "Store"), and through its websites (hereinafter "Webshop") at www.alpinebiolabs.eu. By placing an order, submitting samples for analysis, or by clicking the corresponding checkbox in the Webshop ("I have read and accepted the General Terms and Conditions and the cancellation policy"), the Customer acknowledges having read and agrees to be bound by these GTC and the cancellation policy contained therein.

The following provisions of these GTC apply equally to Customers within the meaning of §§ 1 para 1 no 1 (entrepreneurs) and no 2 (consumers) of the Austrian Consumer Protection Act (KSchG), unless expressly stated otherwise in these GTC.

Any deviating terms and conditions of the Customer, in particular purchasing, delivery and payment conditions, are hereby expressly rejected. Deviations from and amendments to these GTC require the written consent of the Company.

3. Conclusion of Contract

The presentation of goods and services in the Store or in the Webshop does not constitute a binding offer by the Company, but an invitation to the Customer to submit a binding offer. The contract is only concluded upon acceptance of this offer, either by express declaration within 3 days or implicitly by delivery of the goods.

4. Consumer Right of Withdrawal

Customers who are consumers within the meaning of the Consumer Protection Act have the right to withdraw from a contract concluded outside business premises or a distance contract within fourteen calendar days. The withdrawal period begins on the day on which the consumer or a third party designated by them, who is not the carrier, takes possession of the goods. A withdrawal declaration can be made informally by email (contact@alpinebiolabs.eu) or in writing to the Company (Alpine Biolabs FlexCo, Richard-Neutra-Gasse 5, 1210 Vienna). The right of withdrawal does not apply to opened goods. The costs of returning the goods are to be borne by the Customer.

5. Prices and Shipping Costs

The prices quoted include statutory VAT but exclude shipping costs, which are to be borne by the Customer. Shipping costs are calculated based on the actual costs incurred plus a reasonable overhead surcharge.

6. Delivery, Import and Customs Regulations

For business Customers within the meaning of § 1 para 1 no 1 KSchG (entrepreneurs), delivery of goods is at the Customer's risk, and the risk of accidental loss or deterioration of the goods lies with the Customer until the goods are received by the Company and from the handover of the goods by the Company to the transport service provider. This applies regardless of who bears the transport costs.

The Customer is obligated to comply with the import and customs regulations of the respective destination country. The Company is not liable for consequences resulting from non-compliance with these regulations.

7. Payment Terms

If the Customer chooses the payment method "Bank Transfer", payment must be made within seven calendar days of receipt of the order confirmation. The Company reserves the right to deliver only against advance payment.

8. Retention of Title

The delivered goods remain the property of the Company until full payment has been made. In case of payment default or acceptance default, the Company is entitled to withdraw from the contract and demand compensation.

9. Warranty

For business Customers within the meaning of § 1 para 1 no 1 KSchG (entrepreneurs), the following applies regardless of other statutory provisions: Goods cleaned by the Company and transmitted to the Customer may still contain contamination even after the service has been performed; this risk typically associated with the ordered service is known to the Customer and therefore does not constitute a defect and consequently does not give rise to any warranty claim by the Customer. The warranty period is [6] months from the time of handover of the item. §§ 924 and 933b ABGB (Austrian Civil Code) are expressly excluded. The Customer must prove the existence of a defect at the time of handover.

10. Exclusion of Liability and Damages

The Company is not liable for damages caused by slight negligence, unless they involve personal injury and, vis-à-vis consumers, damage to samples submitted for analysis. The Customer must prove the existence of gross negligence.

The Customer's liability also includes liability regarding compliance with legal regulations as set out in point 11 (see below).

For business Customers within the meaning of § 1 para 1 no 1 KSchG (entrepreneurs), the following also applies:

• The provider's liability for indirect damages and loss of profit, in particular pursuant to § 349 UGB (Austrian Commercial Code), is excluded.
• The entrepreneur is not liable for unforeseeable events such as force majeure, strikes, official measures or other circumstances beyond the entrepreneur's control.
• The entrepreneur's total liability for claims under the contract is limited to the respective price of the goods.

11. Handling of Hemp and Hemp Products and Compliance with Legal Regulations

By submitting products and samples to Alpine Biolabs, the Customer expressly confirms and warrants to the Company that they are convinced that the products and samples do not exceed a THC content of 0.3%. The sender aims to obtain clarification regarding the legal compliance of the submitted samples by means of a chemical analysis.

Samples that, according to the analysis performed, exceed a THC content of 0.3% and therefore do not comply with the provisions of the Austrian Narcotics Act will be immediately and professionally destroyed. The destruction process is comprehensively documented. The Customer has no claim to compensation for the sample destroyed for this reason.

By submitting samples and/or purchasing products, the Customer further declares that the handling of hemp and hemp products within their area of responsibility is carried out in strict compliance with applicable legal regulations. The Customer bears sole responsibility for compliance with the relevant legal requirements.

The Customer warrants to the Company that the performance of the contractually agreed service by the Company does not constitute a violation of any legal regulation in the destination country (the country to which the service is shipped). By completing the order, the Customer also warrants to the Company that they have comprehensively informed themselves about the legal regulations in the destination country and have informed the Company about potential risks.

The Customer undertakes to fully indemnify and hold the Company harmless for all damages arising from a breach of the warranties under this point 11.

12. Alternative Dispute Resolution

Subject to the following provision, the Company is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration body.

If the contractual relationship with consumers relates to purchases in the Webshop, consumers have the option of directing complaints to the EU Online Dispute Resolution platform: https://ec.europa.eu/odr.

13. Applicable Law and Jurisdiction

Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. For all disputes arising from or in connection with these GTC or the contractual relationship between the Company and the Customer, the competent court in Austria is agreed.

For business Customers within the meaning of § 1 para 1 no 1 KSchG (entrepreneurs), the following applies: For all disputes arising from or in connection with these GTC or the contractual relationship between the Company and the Customer, the exclusive jurisdiction of the competent courts in Vienna, Austria is agreed.

14. Severability Clause

Should individual provisions of these GTC be or become invalid, void or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision.