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Terms and Conditions with Customer Information

Lab1 GmbH

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Delivery and Shipping Conditions
  6. Test Kit Ordering and Sample Processing (Core Line)
  7. Contract Duration and Termination for Subscription Contracts
  8. Retention of Title
  9. Liability for Defects (Warranty)
  10. Liability and Limitation of Liability
  11. Data Protection and Processing of Health Data
  12. Medical Notice and Disclaimer
  13. Redemption of Promotional Vouchers
  14. Applicable Law
  15. Place of Jurisdiction
  16. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "T&C") of Lab1 GmbH, Europa-Allee 42, 60327 Frankfurt am Main, registered in the Commercial Register of Frankfurt am Main under HRB [Number], represented by Managing Director Alexander Auer (hereinafter "Seller" or "Lab1"), apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the products and services offered by the Seller in its online shop and through partner organizations. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or independent professional activity.

1.4 The subject matter of the contract may include:

  • Essential Line: Dietary supplements without prior testing, available in the online shop and at partner organizations
  • Core Line: Personalized dietary supplements based on DNA and blood tests, including the provision of test kits and laboratory analyses
  • Subscription Contracts: Ongoing delivery of products at contractually agreed intervals

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop and at partner organizations do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 For Core Line products, the Customer's offer includes:

  • The order of a DNA and/or blood test kit
  • Consent to the processing of test results
  • The order of personalized dietary supplements based on test results
  • Optional: A subscription for recurring blood tests and product adjustments

2.4 The Seller may accept the Customer's offer within five days by:

  • Sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
  • Delivering the ordered goods or test kit to the Customer, whereby receipt by the Customer is decisive, or
  • Requesting payment from the Customer after submission of their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer.

2.5 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer pays using a PayPal payment method that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer sends their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login data.

2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 Special provisions for test kits (Core Line):

  • The right of withdrawal expires for test kits as soon as the Customer removes the seal of the test kit after delivery or takes the sample, as these are sealed goods that are not suitable for return for reasons of health protection or hygiene.
  • The regular 14-day right of withdrawal applies to sealed, unused test kits.

3.4 The right of withdrawal does not apply to consumers who are not members of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 Price components Core Line:

Prices for Core Line products may include the following components:

  • One-time costs for DNA test (approx. €80-150)
  • Costs for quarterly blood tests (approx. €150-200 per test)
  • Monthly costs for personalized dietary supplements (approx. €80/month)
  • Total costs are displayed transparently before conclusion of contract

4.3 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that are not the responsibility of the Seller and are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.4 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.5 When selecting a payment method offered via the "Shopify Payments" payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.6 When selecting the payment method SEPA direct debit, the invoice amount is due after issuing a SEPA direct debit mandate, but not before the expiry of the deadline for advance information on payment. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the Customer objects to the debit although they are not entitled to do so, the Customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer.

5.2 Essential Line: Delivery takes place within 3-5 working days after receipt of payment.

5.3 Core Line - Test Kit Delivery:

  • Test kits are shipped within 2-3 working days after receipt of order
  • The kits contain all necessary materials for sample collection and detailed instructions
  • After receipt of samples at the partner laboratory, the analysis time is approximately 2-4 weeks

5.4 Core Line - Product Delivery:

  • Personalized dietary supplements are produced and shipped within 5-7 working days after availability of test results and approval by the Customer
  • For subscription contracts, follow-up deliveries are made automatically at the agreed intervals (usually monthly)

5.5 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result.

5.6 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment.

5.7 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care.

5.8 Self-collection is not possible for logistical reasons.

5.9 Availability at partner organizations: Essential Line products are available at selected partner organizations in addition to the online shop. The sale is made via the respective pharmacy in accordance with their own terms and conditions.

5.10 Deliveries to Switzerland: Special conditions apply to deliveries to Switzerland. The Customer will be informed of this before conclusion of contract.

6) Test Kit Ordering and Sample Processing (Core Line)

6.1 Test Kit Ordering:

  • The Customer orders a DNA and/or blood test kit via the online shop
  • The kit is sent to the specified delivery address
  • The kit contains: sampling materials, instructions for sample collection, return materials (prepaid envelope), consent form for data processing

6.2 Sample Collection:

  • The Customer collects the sample independently at home according to the enclosed instructions
  • DNA Test: Saliva sample using provided tube
  • Blood Test: Capillary blood using fingerstick lancet or alternatively venous blood collection at partner doctor
  • Sample collection is carried out at the Customer's own responsibility

6.3 Sample Return:

  • The sample is sent to the partner laboratory in the provided prepaid envelope
  • Alternatively, the sample can be dropped off at a partner doctor
  • Shipping must be carried out according to the instructions (e.g., temperature protection, time window)

6.4 Laboratory Analysis:

  • Analysis is carried out by certified partner laboratories of the Seller
  • Processing time: DNA test approx. 2-3 weeks, blood test approx. 1-2 weeks
  • The Customer is informed by email about receipt of the sample and availability of results

6.5 Results Provision:

  • Test results are made available to the Customer via their password-protected user account
  • Results contain: raw data of biomarkers, interpretation, product recommendations
  • The Customer receives access to a detailed report in PDF format

6.6 Product Recommendation and Ordering:

  • Based on the test results, the Seller's algorithm recommends a personalized product composition (SKU assignment)
  • The Customer can order the recommended products directly via their user account
  • The order is voluntary; the Customer is not obligated to purchase the recommended products

6.7 Repeat Tests (Subscription):

  • For subscription contracts, new blood test kits are automatically sent quarterly
  • The Customer is informed by email 5-7 days before shipping
  • Product composition can be adjusted based on new test results (Formula Rotation)

6.8 Quality and Sample Integrity:

  • The Seller is not liable for invalid test results due to improper sample collection, improper transport, or delayed submission by the Customer
  • For invalid samples, a new kit can be requested at cost price

7) Contract Duration and Termination for Subscription Contracts

7.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time without observing a notice period.

7.2 Essential Line Subscriptions:

  • Monthly delivery of selected products
  • Cancellation possible at any time
  • Last delivery occurs in the month of cancellation

7.3 Core Line Subscriptions:

  • Monthly delivery of personalized products
  • Quarterly blood tests to adjust the formula
  • Cancellation possible at any time
  • Upon cancellation, the next test kit shipment and next product delivery are canceled

7.4 The right to extraordinary termination for good cause remains unaffected.

7.5 Cancellations can be made in writing, in text form (e.g., by email to support@lab1.bio), or electronically via the cancellation device (cancellation button in user account) provided by the Seller on its website.

8) Retention of Title

If the Seller provides advance payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

9) Liability for Defects (Warranty)

9.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply.

9.2 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this.

9.3 Special provisions for dietary supplements:

  • The products are not a substitute for a balanced diet
  • The specified recommended daily dose must not be exceeded
  • In case of intolerances or side effects, intake must be stopped immediately and a doctor consulted if necessary
  • Complaints due to intolerances do not constitute a defect if the ingredients are correctly declared

9.4 Special provisions for test kits:

  • Test kits are properly sealed and sterile packaged
  • If the packaging is damaged, the kit must not be used and can be exchanged
  • Invalid test results due to improper handling do not constitute a defect

10) Liability and Limitation of Liability

10.1 The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

10.2 The Seller is liable without limitation for any legal reason:

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body, or health,
  • based on a guarantee promise, unless otherwise agreed,
  • based on mandatory liability such as under the Product Liability Act.

10.3 If the Seller negligently breaches a material contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless unlimited liability exists in accordance with the above paragraph.

10.4 Otherwise, liability of the Seller is excluded.

10.5 Special liability exclusion for Core Line:

  • The Seller does not provide medical services
  • Product recommendations are based on an algorithm and do not constitute medical advice, diagnosis, or treatment
  • The Seller is not liable for health consequences resulting from failure to follow medical recommendations
  • The Seller is not liable for the accuracy or completeness of test results from partner laboratories, insofar as these are not attributable to the Seller
  • Intake of products is at the Customer's own responsibility

11) Data Protection and Processing of Health Data

11.1 The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Details can be found in the separate data protection declaration of the Seller at www.lab1.de/privacy.

11.2 Special notes on the processing of health data (Core Line):

11.3 DNA and blood test results are special categories of personal data according to Art. 9 GDPR (health data). The Seller processes this data exclusively on the basis of the Customer's explicit consent.

11.4 Purpose of data processing:

  • Evaluation of DNA and blood tests
  • Algorithmic calculation of personalized product recommendations
  • Tracking of biomarker changes over time
  • Quality assurance and product improvement (anonymized)

11.5 Data sharing:

  • Samples are passed on to certified partner laboratories (names and addresses of laboratories are communicated to the Customer before conclusion of contract)
  • Laboratories process data on behalf of the Seller in accordance with data processing agreement (DPA)
  • No disclosure to third parties (e.g., insurance companies, employers) without explicit consent
  • No disclosure for research purposes without separate, voluntary consent

11.6 Data retention:

  • Test results are stored for the duration of the business relationship
  • After termination of contract and expiry of statutory retention periods, data is deleted or anonymized
  • The Customer can request deletion of their health data at any time (exception: statutory retention obligations)

11.7 Customer rights:

  • Right to information about stored data
  • Right to correction of incorrect data
  • Right to deletion ("right to be forgotten")
  • Right to restriction of processing
  • Right to data portability (receipt of test results in machine-readable format)
  • Right to revoke consent (with effect for the future)

11.8 Data security:

  • All health data is transmitted and stored in encrypted form
  • Access only for authorized employees and partner laboratories
  • Regular security audits

12) Medical Notice and Disclaimer

12.1 Not a medical service: The products and services offered by Lab1 (including DNA and blood tests as well as product recommendations) do not constitute medical advice, diagnosis, or treatment. They do not replace a visit to a doctor or naturopath.

12.2 Product recommendations: The algorithmic product recommendations are based on scientific literature and statistical evaluations. They are not tailored to individual medical circumstances that only a doctor can assess.

12.3 Medical consultation required: The Customer should consult a doctor before starting to take dietary supplements, especially in case of:

  • Existing pre-existing conditions
  • Taking medications (interactions possible)
  • Pregnancy or breastfeeding
  • Minors

12.4 No healing promises: The Seller does not guarantee health improvements or the effectiveness of the products for specific complaints. Dietary supplements are not medicines.

12.5 Test results:

  • DNA tests analyze selected genetic markers, not the entire genome
  • Blood tests analyze selected biomarkers, not all possible health parameters
  • Test results may differ from other laboratories (method-related)
  • Test results do not replace medical diagnostics

12.6 Medical referral: In case of abnormalities in test results that could indicate serious health problems, the Seller recommends that the Customer consult a doctor. The Seller assumes no responsibility for consequences resulting from failure to follow this recommendation.

12.7 Side effects: If side effects or intolerances occur, intake must be stopped immediately and a doctor consulted if necessary. Side effects can be reported to the Seller, but the Seller is not obligated to record or report them to authorities.

13) Redemption of Promotional Vouchers

13.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

13.2 Individual products may be excluded from the voucher campaign if a corresponding restriction is evident from the content of the promotional voucher. In particular, test kits from the Core Line may be excluded from voucher campaigns.

13.3 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

13.4 Multiple promotional vouchers can also be redeemed for one order, unless this is expressly excluded.

13.5 The value of goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

13.6 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

13.7 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

14) Applicable Law

14.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

14.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

15) Place of Jurisdiction

If the Customer acts as a merchant, legal entity under public law, or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business in Frankfurt am Main. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity.

16) Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Contact

Lab1 GmbH
Europa-Allee 42
60327 Frankfurt am Main
Germany

Email: support@lab1.bio
Managing Director: Alexander Auer
Commercial Register: Local Court Frankfurt am Main

© 2025 Lab1 GmbH. All rights reserved.