Terms & Conditions
1. Scope of Application
1.1 Regarding the delivery of the Sampling Kit for the determination of the disease caused by the SARS-CoV-2 virus utilising a saline solution for gargling (hereinafter referred to as “Sampling Kit”) that is provided by Eurofins LifeCodexx GmbH (hereinafter referred to as “ELC” or “we”) under the brand name empowerDX, regarding the analysis by one of our own or our partner laboratories (hereinafter referred to as the “Laboratory”) of the specimen which has been obtained by the relevant customer (hereinafter referred to as “Customer” or “you”) by himself using the Sampling Kit, and regarding the performance of other services related to that by ELC (hereinafter referred to as the “Services”), these General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively.
1.2 We shall acknowledge any general terms and conditions of the Customer conflicting with or amending these GTC only if we have consented expressly to their application in writing. The GTC shall apply exclusively even if ELC performs any services without reservation while being aware of such deviating general terms and conditions.
2. Conclusion of a Contract
2.1 The presentation of the services in our online shop shall not constitute a quotation in the legal sense, but solely an invitation for you to order. We shall expressly reserve the right to change or discontinue the presented services at any time.
2.2 If you would like to order, please first add the desired services to your shopping cart by clicking on the button labelled as “Add to shopping cart” or “Order subject to charges” or something similar. You may change the desired quantity or remove selected services there at any time. By clicking on the button labelled as “Checkout” or something similar, you will be transferred to a webpage on which you will have to enter your contact details. By making a further click on the button labelled as “Proceed to shipping” or something similar, you will be transferred to a webpage on which you may confirm the shipping method and enter a clearing code. After clicking on the button labelled as “Proceed to payment” or something similar, you may select the payment method. Finally, after you have clicked on the button labelled as “Review your order” or something similar, a summary page will open on which you may review the information you have entered. You may correct any possible entry errors there by clicking on the relevant button labelled as “Change” or something similar.
2.3 By clicking on the button labelled as “Pay now” or something similar, you submit an offer addressed to us aiming at purchasing the services presented in the order summary.
2.4 Immediately after having submitted this offer, you will receive an acknowledgement of receipt by email, which does still not constitute an acceptance of your offer. Please also examine the spam folder of your email account on a regular basis. We will accept your offer by sending an email to you designated as “order confirmation” or by shipping the Sampling kit. A contract between you and ELC will not be concluded prior to that.
2.5 At the latest upon the delivery of the Sampling Kit, you will receive from us the text of the contract comprising your order, our order acknowledgement and these GTC by email or printout. The text of the contract will be stored in compliance with the relevant data protection provisions. Contracts shall be concluded exclusively on the basis of German language versions of the contract.
3.1 All prices shall be understood as indicated in Euro and including the statutory turnover tax applicable in each case. They shall be payable upon the conclusion of the contract.
3.2 The shipping costs shall be included in the total price; no separate shipping costs shall accrue. This shall not apply if you exercise your right of withdrawal. In such cases, you shall bear the direct costs of the return delivery.
3.3 We point out that you shall personally bear our remuneration. Currently, statutory health insurances, supplementary health insurance institutions and sponsors under public law will not reimburse these costs.
4. Scope of Services
4.1 Our services comprise the provision and delivery of the empowerDX Sampling Kit for obtaining the specimen, which is intended for single use, together with a detailed instruction sheet in German. The delivery shall be made by expedited service. The provision of the complete packaging material, already labelled and stamped, for returning your specimen by expedited mail shall also be included. The core of our services is the subsequent analysis of your specimen in a Laboratory and the following clinical pathological diagnosis. Finally, we will inform you of the test result.
4.2 The test result will be provided to you exclusively as PDF file that is accessible online. The data for accessing that PDF file will be sent to you exclusively by email to the email address and/or a mobile phone number indicated during the order process. You will not receive a diagnosis as hardcopy. As the assignment of the test result to a certain person cannot be ensured, the test result is not suitable as proof for a so-called “release test” e.g. before or after travels.
4.3 We point out that we may be obliged to report test results, e.g. to the locally competent health authority and/or the Robert Koch Institute, in accordance with the law applicable in each case, in particular the German Infection Protection Law (Infektionsschutzgesetz, IfSG).
4.4 The Sampling Kit is not suitable for children under the age of 6 years. We can ensure the correctness of the test result only with regard to the laboratory testing performed, and this only within the general restrictions regarding the processing of biological specimens. We cannot assume any liability for the overall result of the diagnosis, as we cannot e.g. examine whether the specimen was collected properly and on the person to be diagnosed. As in the case of all diagnostic tests, the test result must be assessed in the scope of an overall view of all clinical information.
4.5 It is possible that no test result will be obtained at all. In such a case, there is neither a negative nor a positive CoViD-19 result; we will then report that the specimen is “invalid”. Causes for an “invalid” specimen may be, in particular, an improper specimen collection or the prior consumption of substances such as certain foodstuffs or pharmaceuticals. In general, no results are guaranteed when analysing biological material – such as a specimen obtained using the Sampling Kit. In the case of an “invalid” specimen, ELC shall not bear any costs for further tests or analyses; you will not be reimbursed for the remuneration paid by you.
4.6 The title to the Sampling Kit shall remain with ELC. You will not become the proprietor of the Sampling Kit at any time. We will provide the Sampling Kit to you solely for the purpose of collecting the specimen for the performance of our services. Accordingly, the remuneration is the consideration for our scope of services pursuant to no. 4.1 and 4.2, in particular for the clinical pathological analysis of and diagnosis regarding your specimen.
5.1 We will send the Sampling Kit exclusively to addresses in the Federal Republic of Germany; the specimens obtained using the Sampling Kit may only be returned from such addresses. The delivery and return may take place exclusively from Monday to Friday.
5.2 The risk of accidental destruction and accidental deterioration shall pass to you when we have handed over the Sampling Kit to our logistics partner. This shall mean that your payment will not be reimbursed if the Sampling Kit is damaged or lost during the transport to or from you.
5.3 The Sampling Kit is a sterile medical device. In order to prevent contamination of the Sampling Kit , in particular with the CoViD-19 pathogen, it will be sent to you in sealed special packaging. Before opening the packaging, please keep in mind that opening it may result in the exclusion of your right of withdrawal (no. 10.3).
5.4 The respective estimated delivery time regarding the Sampling Kit will be indicated to you during the order process. The estimated delivery period indicated there begins with the complete payment by you or by sending out our “order confirmation” or by shipping the Sampling Kit (whichever occurs latest). The clinical pathological analysis of and diagnosis regarding your specimen and the provision of the test result usually takes us 36 hours from the time at which the Laboratory receives your specimen.
5.5 We make efforts based on the interests on both contracting parties in order to enable the delivery, to keep the estimated delivery period, and to provide the test result within the aforementioned regular time period. However, we shall not be liable for any default or non-performance due to force majeure. In particular, the extraordinary circumstances in the field of public health due to the CoViD-19 pandemic may result in authorities taking measures that delay or exclude the performance of our services, e.g. authorities claiming test capacities. We will notify you without delay of such circumstances that delay or exclude the performance of our services.
5.6 In particular, increased test demand before the Christmas holidays may result in delays. If you wish to receive your result still before 24 December 2020, the collection of the specimen from you must have taken place on 21 December 2020 at the latest.
6. Duties to cooperate
6.1 The provision of a test result by us requires that you take the specimen to be analysed by yourself using the Sampling Kit, and that you forward the specimen to us. In doing so, you must exactly follow the instructions accompanying the Sampling Kit. Failing that, you may seriously endanger your health as well as the health of other persons and you may falsify the test result!
6.2 Please inform yourself in due time about the local regulations currently applicable to you in each case. You shall be solely responsible for complying with any laws, ordinances, general decrees as well as other regulations under public law and civil law contracts applicable to you in connection with the use of our services.
6.2.1 Such regulations or contracts may direct, with regard to your own test, e.g.
a) including a physician prior to and/or after taking the specimen and/or the notification of the test result;
b) ensuring appropriate protective measures when taking, handling and shipping the specimen;
c) informing certain authorities, your employer and/or any other of your contractual partners of a test result.
6.2.2 Such regulations or contracts may additionally direct, with regard to the test of a person other than you, e.g.
a) obtaining the consent of the person to be tested regarding the collection of the specimen, the submission of the specimen to us, the analysis of the specimen in the Laboratory as well as the subsequent clinical pathological diagnosis;
b) obtaining the consent of the person to be tested to the transfer of personal data of this person by you to us and the processing of this data by us in accordance with our data protection declaration;
c) obtaining the consent of the person to be tested to the submission of the test result to the contact details indicated by you during the order process.
You shall hereby guarantee that you are entitled to make the submitted specimen available to us, to have the specimen submitted to a clinical pathological analysis and diagnosis and to have the data providing access to the test result sent to the contact details indicated by you during the order process. If the specimen has been obtained from a person other than you, you undertake to label that specimen correctly as specimen obtained from that person.
7.1 Any claims by the Customer for damages shall be excluded. The foregoing sentence shall not apply to claims by the Customer for damages arising from injury to life, body or health or from the infringement of essential contractual obligations; such obligations shall include obligations the fulfilment of which is necessary for achieving the objective of the contract. The first sentence of this item shall also not apply to the liability for any other damage that is based on an intentional or grossly negligent failure of ELC, their statutory representatives or their performing agents (Erfüllungsgehilfen) to comply with their obligations.
7.2 In the case of an infringement of essential contractual obligations, we shall be solely liable for any damage that is foreseeable and typical for that kind of contract and if that damage was caused by simple negligence; this does not apply to claims for damages arising from injury to life, body or health.
7.3 The foregoing limitations of liability shall also apply for the benefit of the statutory representatives and performing agents of ELC if claims are asserted against these.
7.4 However, the foregoing limitations of liability shall not apply if ELC has fraudulently concealed the defect or has assumed a guarantee regarding the quality of an item. The same shall apply if ELC and the Customer have entered into an agreement governing the quality of an item. The provisions of the German Product Liability Law (Produkthaftungsgesetz, ProdhaftG) shall remain unaffected.
8. Dispute Resolution Procedure
8.1 We are not obliged to participate in a dispute resolution procedure before an arbitration institution for consumers in accordance with Section 36 of the German Law on Dispute Resolution for Consumers (Verbraucherstreitbeilegungsgesetz, VSBG) and will not participate in such a procedure.
8.2 We are obliged to make reference to the European Online Dispute Resolution Platform (ODR Platform) of the European Commission, which you may access on http://ec.europa.eu/odr. However, we are not obliged to participate and will not participate in such a dispute resolution procedure.
9. Final Provisions
9.1 The law of the federal Republic of Germany shall govern the provision of the services, whereby the private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded if your habitual residence is in Germany, or your habitual residence is in a country that is not a member state of the European Union. In the case that your habitual residence is in a member state of the European Union, the law of the federal Republic of Germany shall also apply to the extent described above, whereby mandatory provisions of the country in which you have your habitual residence shall remain unaffected.
9.2 If you had your place of residence or your habitual residence in Germany when the contract was concluded and either you have relocated away from Germany when we file a suit or your place of residence or your habitual residence is unknown at that time, the place of jurisdiction regarding all disputes shall be the seat of our company in Konstanz, Germany. The same shall apply if the Customer is a business person, a trading company, legal person under public law or special fund under public law.
9.3 If individual provisions of this contract should be invalid, the validity of the other provisions of this contract shall remain unaffected. The invalid provisions shall be replaced by the statutory provisions (if applicable). However, if this places an undue hardship for any of the contracting parties, the contract shall be invalid in its entirety.
10. Withdrawal Instructions
10.1 Right of withdrawal
You are entitled to withdraw from this contract within 14 days without stating any reasons.
The withdraw period will expire after 14 days from the date of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us
(Eurofins LifeCodexx GmbH, Line-Eid-Str. 3, 78467 Konstanz, Germany, +49 (0)89 / 78 79 79 34, firstname.lastname@example.org) of your decision to withdraw from this contract by means of an unequivocal declaration (e.g. a letter sent by mail, a telefax or email). You may use the model withdrawal form included below, but this is not mandatory.
In order to comply with the withdrawal period, it is be sufficient to send the notification regarding the exercise of the right of withdraw prior to the expiry of the withdrawal period.
10.2 Consequences of the Withdrawal
If you withdraw from this contract, we shall repay to you all payments that we have received from you including the delivery costs (except the additional costs resulting from the selection of a different type of delivery than the most economic standard delivery provided by us) without delay and at the latest within 14 days from the date at which we have received the notification of your withdrawal from this contract. For the repayment, we will use the same payment method as the one that you have used in the original transaction unless expressly otherwise agreed with you; in no event you will be charged any fees on the occasion of that repayment.
We may refuse to make the repayment until we have received the return delivery of the goods or until you have proved that you have returned the goods (whichever occurs earlier).
You shall return or hand over to us the goods without delay and in any case at the latest within 14 days from the date at which you have notified us of the withdrawal from this contract. You have complied with the time limit if you send the goods prior to the expiry of the period of 14 days.
You shall bear the direct costs of returning the goods.
You must pay for any possible loss in value of the goods only if this loss in value is attributable to handling the goods in a manner that is not necessary for examining the quality, features and function of the goods.
If you have requested that the performance of the services shall commence during the withdrawal period, you shall pay an appropriate amount to us that corresponds to the share of the services already performed until the time at which you notify us of the exercise of the right of withdrawal regarding this contract compared to the overall scope of the services provided for in the contract.
10.3 Exclusion of the Right of Withdrawal
The right to withdraw shall not exist in the case of contracts governing the delivery of sealed goods that are not suitable for a return due to health protection or hygiene reasons once their sealing has been removed after the delivery.
10.4 Expiration of the Right of Withdrawal
In the case of a contract on the performance of services, the right of withdrawal shall expire also if the contractor has completely performed the service and has started to perform the service only after the consumer has expressly consented thereto and at the same time has confirmed being aware of the fact that he, the consumer, will lose the right of withdrawal upon the complete performance of the contract by the contractor. If the contract has been concluded outside of business premises, the consumer’s consent must have been submitted on a durable data storage device.
10.5 Model Withdrawal Form
(If you would like to withdraw from this contract, please fill in this form and return it to us.)
- To Eurofins LifeCodexx GmbH, Line-Eid-Str. 3, 78467 Konstanz, Germany email@example.com:
- I/we (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods (*) / the performance of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of postal communication)
(*) Delete as applicable.
* * *