AGB

Terms of Use for the CoviMedical Home products

Status 05.07.2023

A. GENERAL

  1. The contractual partners of the contract are CoviMedical GmbH, represented by the managing director Christoph Neumeier, Steinwiese 18, 35685 Dillenburg, registered in the commercial register of the Wetzlar district court under HRB 8167, and the user.
  2. These terms of use of CoviMedical GmbH apply to all contracts for the CoviMedical Hometest products.
  3. To use additional value-added services ("upgrades"), it may be necessary to conclude additional contracts.
  4. The user is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

B. WEBAPP (REGISTRATION AND IDENTIFICATION)

  1. In order to use the CoviMedical Home Tests, successful registration in the web app and assignment of a test person are mandatory.
  2. Registration requires complete and truthful personal information from the user along with the provision of the necessary evidence. Any changes to personal data must be updated immediately. Carrying out certain CoviMedical Home tests requires the identification of the person to be tested using the identification procedure requested in the web app (before the test is carried out for the first time, test persons must take a picture of their face and scan the front and back of their photo ID in the web app).
  3. Users must ensure that access data for the web app is adequately protected against unauthorized use by third parties. In particular, passwords and access codes must be kept secret. In the event of unauthorized use of the web app, CoviMedical must be informed immediately.
  4. Users can - if available - book upgrades (next morning and same day) in the checkout process after the test has been carried out, the fees to be paid are stored there. Users submit an offer by clicking on the “Order with obligation to pay” button. CoviMedical is free to accept this offer. In the event of rejection, users will be informed immediately, otherwise the offer will be accepted.
  5. In the event of a culpable breach of these Terms of Use by the user or a third party attributable to him, CoviMedical is particularly entitled to block the user account. The assertion of damage resulting from the culpable violation for CoviMedical GmbH remains unaffected.

C: OBLIGATIONS OF USERS

1.FOR THE COVIMEDICAL HOME PRODUCTS: Corona PCR test, RSV PCR test and combined PCR test (Sars-CoV-2 & RSV)

  1. The application may only be carried out by adults or children under supervision. Keep the test set out of the reach of children.
  2. The test set is intended for one-off use and cannot be used more than once.
  3. The test set is designed for the user to collect saliva samples from the mouth and throat. The molecular-biological evaluation of the sample can only be carried out in laboratory facilities.
  4. 30 minutes before the test, you should stop drinking, eating (including sweets and chewing gum), brushing your teeth and smoking. In addition, no alcohol should be drunk at least 30 minutes before the test.
  5. Before you open the test kit and start the test, you should wash your hands thoroughly.
  6. Before starting the test, you should read the instructions included with the test set carefully.
  7. When prompted by the WebApp, the saline solution included with the test set should be rinsed in the mouth for 60 seconds.
  8. The storage temperature of the test set should always be between 4°C and 25 °C, the test set should not be exposed to direct sunlight. The use-by date on the folding box of the test set must not be exceeded.
  9. The used transfer tube and the saline solution container can be safely disposed of in the residual waste.
  10. Taking samples of insufficient quality can lead to incorrect test results and thus falsely fail to prove an actual infection with the virus being examined. A test with insufficient sample collection can therefore not clearly rule out an infection despite a negative test result. Therefore, the instructions in the web app must be followed exactly.
  11. Viral genetic material can only be detected in the gargle solution if the virus has invaded the pharyngeal mucosa and intracellular multiplication has taken place at a detectable level. According to the current state of knowledge, this duplication may several days after infection. When testing at a very early stage of infection, a negative test result cannot definitively rule out an infection. If there is still a suspicion of infection, further tests for the detection of the virus should be carried out and the requirements of the Federal Ministry of Health and other target countries, in particular with regard to necessary quarantine measures, should be observed.
  12. The test result finally provided cannot be used within the scope of vaccination, recovery or test evidence-related protection concepts (so-called 3G concepts). Such a test certificate can only be requested for PCR tests that are carried out at and by commissioned test stations on site.

2.FOR THE COVIMEDICAL HOME PRODUCTS: Combined test for sexually transmitted diseases S, M and L

  1. The application may only be carried out by adults or children over the age of 16. Keep the test set out of the reach of small children.
  2. The test set is intended for one-off use and cannot be used more than once.
  3. The test set is for collecting urine samples (men) or Vaginal swabs (women) provided by the user himself. The molecular-biological evaluation of the sample can only be carried out in laboratory facilities.
  4. The very first morning urine should be used for the urine sample, and the vaginal swab should also be taken in the morning immediately after getting up.
  5. Before you open the test kit and start the test, you should wash your hands thoroughly.
  6. Before starting the test, you should read the instructions included with the test set carefully.
  7. When requested by the WebApp, the sample collection materials included in the test set are to be used. The urine emptied into the collection container is to be transferred to the transfer tube using the pipette provided. The swab must be placed in the transport tube.
  8. The transfer tube contains a preservative, so keep it away from children. Swallowing and contact with skin and eyes must be avoided. In case of contact, rinse skin and eyes thoroughly with water.
  9. The storage temperature of the test kit for urine samples should always be between 15°C and 25°C or for swab testing between 5°C and 25°C, the test kit should not be exposed to direct sunlight. The use-by date on the folding box of the test set must not be exceeded.
  10. The used urine collection cup can be disposed of in the residual waste without hesitation.
  11. Taking samples of insufficient quality can lead to incorrect test results and thus incorrectly fail to prove an actual infection with the pathogens being examined. A test with insufficient sample collection can therefore not clearly rule out an infection despite a negative test result. Therefore, the instructions in the web app must be followed exactly.
  12. Sexual partners:Insiders should be informed about the test result so that they can also be tested.

4.FOR THE COVIMEDICAL HOME PRODUCTS: Combined test for a healthy liver, combined test for a healthy heart

  1. The application may only be carried out by adults. Keep the test set out of the reach of small children.
  2. The test set must not be used by people suffering from blood coagulation disorders (e.g.B haemophilia) or are taking anticoagulant medication.
  3. The test set is intended for one-off use and cannot be used more than once.
  4. The test set is intended for the user to collect blood samples from their fingertips themselves. The molecular-biological evaluation of the sample can only be carried out in laboratory facilities.
  5. Before you open the test kit and start the test, you should wash your hands thoroughly.
  6. Before starting the test, you should carefully read the instructions that came with the test set. At least one hour before the start of the test, you should ensure that you drink enough fluids (min. 1 liter) to facilitate blood collection
  7. Upon request from the WebApp, the sample collection materials included in the test set are to be used. The side of the fingertip should be pricked using the disposable lancets provided. The first drop of blood should be wiped off with the enclosed disinfectant wipe. Then drip blood from the fingertip into the enclosed sample tube until it is filled with blood up to the upper filling mark.
  8. If the blood flow after the first puncture is not sufficient to fill the sample tube with a sufficient amount of blood, repeat the process with the second lancet on another finger.
  9. After the sample tube filled with blood has been closed, turn it upside down 3-5 times and then turn it back again.
  10. The sample tube contains a preservative, so keep it away from children.
  11. The test set should always be stored at room temperature and not exposed to direct sunlight. The expiry date stated on the test kit box must not have passed.
  12. The sampling utensils used can be safely disposed of in the residual waste after the test is complete. The puncture site should be covered with a plaster after the blood has been drawn.
  13. Poor quality specimen collection, incorrect storage of the test kit, and delays in shipment to the laboratory can lead to erroneous results.
  14. Test results should in no way be used as a substitute for professional advice or treatment from a trained medical professional. The information should not be used to independently diagnose or initiate treatment.

D. LIABILITY

  1. CoviMedical is liable according to the statutory provisions, unless liability is excluded according to the following provisions.
  2. Liability for slightly negligent breaches of duty is excluded, unless damage to life, limb or health or guarantees or claims under the Product Liability Act are affected. Liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which customers can regularly rely (essential contractual obligations), remains unaffected.
  3. The above exclusions of liability also apply to CoviMedical's vicarious agents.

E. CANCELLATION POLICY

(1) When concluding a distance selling transaction, consumers have a statutory right of withdrawal, about which the provider will inform you below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you will find a model cancellation form.

RIGHT OF CANCELLATION

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation 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 or has

To exercise your right of withdrawal, you must inform us (CoviMedical GmbH, Steinwiese 18, 35685 Dillenburg, Tel.: +49 2771 4278 660, mail: support@covimedical.de) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a different method of delivery than that of have chosen the cheap standard delivery offered to us) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You 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 the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.

(2) The right of cancellation does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

(3) The provider provides information about the model cancellation form in accordance with the statutory provisions as follows:

SAMPLE CANCELLATION FORM

(If you want to revoke the contract, please fill out this form and send it back.)

— To [here the name, address and, if applicable, the fax number and e-mail address of the trader are to be inserted by the trader]:

— 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 if notification is on paper)

— Date

(*) Delete where not applicable

F. FINAL PROVISIONS

  1. The law of the Federal Republic of Germany applies. For consumers (§ 13 BGB) residing in the European Union, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The provisions of the UN sales law do not apply.
  2. The place of jurisdiction is the place of business of CoviMedical if the customer is a merchant, a legal entity under public law or a special fund under public law.
  3. The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/. CoviMedical is not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board