Terms and Conditions
General Terms and Conditions - Online Portal of LABCON-OWL GmbH
General Terms and Conditions of the web portal https://labdoc.de
LABCON-OWL GmbH represented by Prof. Dr. Carsten Tiemann and Dr. med. Dr. rer. nat. Dieter Münstermann Siemensstraße 40 32105 Bad Salzuflen - hereinafter referred to as "Seller".
1 SUBJECT MATTER OF THE CONTRACT, SCOPE OF APPLICATION
1.1 These General Terms and Conditions apply to all legal transactions of LABCON-OWL GmbH, represented by the authorized managing directors Prof. Dr. Carsten Tiemann and Dr. Dr. Dieter Münstermann, with the buyer. This is an online shop for self-sampling kits for home use. The laboratory analyses are carried out in accredited partner laboratories. Only the following General Terms and Conditions in the version valid at the time of product purchase apply. By purchasing a product via https://www.labdoc.de, you agree to these General Terms and Conditions.
1.2 All contractual agreements are in the following order of precedence: 1. Individually agreed contracts; 2. Special contractual conditions; 3. These terms of use; 4. Legal provisions. In the event of contradictions, the first-mentioned agreements shall always take precedence over the last-mentioned ones. Gaps shall be filled by the respective subordinate provisions. The seller's terms of use shall apply exclusively. They shall also apply to all future business relationships, even if they are not expressly agreed upon again. Counter-confirmations or general terms and conditions of contractual partners are hereby expressly rejected. This also applies if the submission or acceptance of an offer by contractual partners is made with reference to the priority validity of their own general terms and conditions. LABCON-OWL GmbH does not recognize any deviating conditions, unless it has expressly agreed to their validity in text form.
1.3 LABCON-OWL GmbH operates an online platform at the URL https://labdoc.de, where you can purchase over-the-counter, non-pharmacy-only products in the form of medical self-sampling kits. All provisions of these platforms, to which reference is hereby made, also apply. By clicking the "Buy" button in the "Shopping Cart/Checkout" area, the buyer submits a binding offer to purchase the products in the shopping cart. The order can only be sent if the buyer has previously confirmed by checking a box that he has read and accepts these General Terms and Conditions.
1.4 After placing his order, the buyer receives an email confirmation from the online shop's system that the order has been received by the seller. This email merely summarizes the order details and does not yet constitute acceptance by the seller. The contract between the buyer and seller is only concluded by a separate declaration of acceptance by the seller, which is sent separately as an order confirmation by email.
1.5 It is possible to create a user account in the online portal with your email address and view previous orders. When logging into the user area, an individual code is sent after entering the email address, which can then be entered once in the online portal. 1.6 Insofar as only non-binding reservations are made on the LABCON-OWL GmbH website, a purchase contract for these is only concluded when the products are handed over or delivered. The provision of the reserved products is subject to their availability.
2 DELIVERY
2.1 The delivery time is 7 days, unless otherwise specified. It is calculated from the time of order confirmation.
2.2 If a product ordered by the buyer is not available, the seller will inform the buyer immediately. No contract for the purchase of the unavailable product will be concluded.
3 RETENTION OF TITLE AND RIGHT OF WITHDRAWAL
3.1 All delivered goods remain the property of the seller until full payment of the purchase price.
3.2 If you use the kits before the expiry of the withdrawal period, the right of withdrawal expires, as this implicitly consents to the service related to the tests starting before the end of the period and the products no longer being reusable.
4 PRICES
4.1 The prices in the online shop include the currently applicable value added tax.
4.2 The prices shown in the online shop are only valid for online orders.
5 PAYMENT METHODS
5.1 The purchase price is due immediately upon conclusion of the contract (regularly upon receipt of the order confirmation by the buyer).
5.2 The buyer can pay by credit card and via Google-Pay.
6 SHIPPING METHODS
6.1 Unless otherwise stated, shipping costs will be charged in addition to the purchase price. The amount results from the respective agreement according to the offer.
6.2 In the event of a withdrawal, the buyer shall bear the direct costs of returning the goods.
6.3 If the buyer is not a consumer, the return costs due to warranty claims shall also be borne by the buyer. Should it turn out upon return of the goods by the consumer that there is no defect, the consumer must pay the transport costs in full. 6.4 The costs for sending the kits to the cooperation laboratories are included in the sales price.
7 TEST EXECUTION, TEST ACTIVATION AND RESULT RETRIEVAL
7.1 Please observe the instructions for use when performing self-sampling. Each self-sampling kit includes a sample number and a test number. To activate your self-sampling kit, you must create a user account in the online portal at https://www.selbstlabor.de and log in there. You will be asked to enter the sample number and test number to link the self-sampling kit to your user account and activate the self-test for you. This step is also possible by scanning the activation QR code, which encodes the sample number and test number. When performing and sending the test, only the materials and packaging included in the sampling kit may be used. Your test will be analyzed and evaluated in a cooperating, accredited laboratory. After evaluation of the test, your result will be available for download at https://laborkrone.mein-laborergebnis.de. Mein Laborergebnis is a free application and app (Android / iOS) by itech Laborlösungen GmbH to enable patients to retrieve their laboratory results independently. Your laboratory report will contain your individual barcode/sample number, your measured values and an assessment of your measured values as being within or outside the reference range or as positive/negative direct or indirect pathogen detection.
7.2 For the purpose of making the results available in your user account, it is necessary to collect and process the data generated during the analysis. Your personal data will be processed by MVZ Labor Krone GmbH and its subsidiaries LABCON-OWL GmbH, IMEDAC GmbH and labcar GmbH and so-called Joint Controllers within the meaning of Art. 26 of the European General Data Protection Regulation (EU GDPR). Your data will not be passed on to third parties. For more information on data processing, please refer to the data protection notices, which you can access at https://labdoc.de.
8 LIABILITY AND WARRANTY
8.1 LABCON-OWL GmbH does not offer medical treatment or medical advice in the online shop. The online shop, the products, information and recommendations offered therein are not suitable for diagnosing, combating or preventing diseases and do not replace further diagnostics by a general practitioner or specialist or professional nutritional advice.
8.2 The seller is liable for intent and gross negligence in accordance with the statutory provisions. For slight negligence, the seller is only liable for the breach of a material contractual obligation (cardinal obligation) and for damages resulting from injury to life, body or health. The same applies to breaches of duty by a legal representative or vicarious agent of the seller.
8.3 In the event of a breach of material contractual obligations, the seller's liability is limited to the foreseeable damage typical for the contract, if this was caused by simple negligence. This does not apply if the buyer's claims for damages are due to injury to life, body or health. Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.
8.4 Section 444 of the German Civil Code (BGB) and agreements between the parties on the quality of the goods remain unaffected. Otherwise, the statutory provisions on warranty apply.
9 CONSUMER ARBITRATION BOARD, ONLINE DISPUTE RESOLUTION
We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board. The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr.
10 GENERAL PROVISIONS
10.1 All business relationships of the seller are exclusively subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.
10.2 If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes between the parties arising from contractual relationships is the seller's registered office in Bad Salzuflen.
10.3 If an individual point of the contract is invalid, the remainder of the contract remains binding. The statutory provisions shall replace the invalid provision.
RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us, Benedict Schäfer, Industrieagentur, address, mail, website, telephone by means of a clear statement (e.g. a letter sent by post, by phone or by email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.
The right of withdrawal expires in accordance with Section 356 (5) No. 2 of the German Civil Code (BGB) if the consumer has expressly consented to the execution before the expiry of the withdrawal period and has expressly acknowledged their knowledge of the expiry of the right of withdrawal and the contract has actually been executed.
The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded.
- Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back.) (*) Delete as appropriate.
LABCON-OWL Analytik, Forschung und Consulting GmbH, represented by the authorized managing directors: Prof. Carsten Tiemann and Dr. Dr. Dieter Münstermann, Siemensstraße 40, 32105 Bad Salzuflen info@labcon.de, www.labcon.de, +49 5222 8076-0
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for communication on paper)
– Date