General Terms and Conditions

General Terms and Conditions

General Terms and Conditions for consumers governing the usage of the online portal of InVitaGO GmbH and use of its services. Last updated: December 2020
These GTC apply to use of the web portal www.invitago.eu, which is operated by InVitaGO GmbH, as well as to the performance of services offered on this web portal.

1. General information
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contractual relationships between InVitaGO GmbH, Stresemannallee 4b, 41460 Neuss (hereinafter referred to as the "provider" and the client (hereinafter referred to as the "test subject").
The provider concludes agreements exclusively on the basis of these GTC. Deviations, supplements and special assurances by the provider shall require a written agreement. By granting an order in awareness of these GTC, the test subject recognizes these GTC as a contractual basis. If individual provisions of these GTC are or become invalid in whole or in part, the remaining provisions shall remain unaffected and valid.
These GTC are published on www.invitago.eu, posted in the discharge stations, or a copy is provided to the test subject upon request by the provider before the start of sample collection.

2. Conclusion of the contract
In order to use services offered on the provider's web portal, the test subject must first select their desired test option using a scheduling tool. After choosing an appointment, a unique code will be automatically generated and sent to the test subject for e-mail verification. After entering this code, the test subject can enter their personal data.
They must then consent to the data protection provisions. Their personal data will be accepted by the web portal. After accepting the provider's GTC, consenting to the data protection information and submitting the declaration that they will not exercise their right to object, the test subject will click the Order button to submit a legally binding offer to conclude a contract for the services in question. Then the test subject will receive an automatic confirmation of receipt, with a confirmation of their appointment, to the e-mail address provided.
A contract is concluded between the provider and test subject only once the provider has sent the test subject an order confirmation via e-mail to the confirmed e-mail address. The text of the contract (consisting of the order data and performance specification, GTC and order confirmation) will be sent to the test subject in this e-mail or in a separate e-mail. The text of the contract will be saved by the provider in accordance with data privacy law regulations.

3. Purpose of the contract
3.1. The test subject can have a SARS-COV-2 analysis completed by the provider through a swab specimen ("SARS-COV-2 analysis"). During the SARS-COV-2 analysis, the swab will be tested for the presence of virus particles.

3.2. SARS-COV2 analyses are swab analyses that test for the presence of viruses in the swab sample.

3.3. The provider's services include taking a throat swab using medical technicians. Such swabs will only be taken on site in a test center operated by the provider. Samples will then be tested for evidence of the SARS-CoV-2 virus using PCR techniques or a POC antigen test, including by external laboratories, and submitting a doctor's findings with test results to the test subject via e-mail - generally within 24 to 48 hours after the sample is taken. In addition, test subjects can request the test results online.

3.4. Before the throat swab is taken, the test subject's identity is checked using the document indicated by the test subject as their ID when they concluded the contract (passport or personal ID). After the throat swab is taken, the test subject will receive a QR code allowing them to independently request the findings of the test for the SARS-CoV-2 virus.

4. Obligations of the test subject
4.1. The test subject is obligated to appear on time for their selected appointment in the provider's selected testing center. If the test subject comes to their booked appointment late, they will have no claim to have their sample taken immediately, and no claim to receive the test results within the normal time period after the originally booked appointment. In this case, the provider will offer the test subject the next available appointment. The projected processing time will then begin at sampling during the next available appointment.

4.2. If the test subject has registered for free testing in accordance with Sections 2 to 5 to the Ordinance on testing for direct pathogen detection of the coronavirus SARS-CoV-2 (coronavirus testing ordinance - TestV) when they made their booking, the test subject must submit verification in test form when they register at the test center indicating that they are entitled to do so under the TestV. Otherwise, it will not be possible to complete free testing under the TestV, and the provider will be freed from their performance obligations under the contract concluded, if the test subject does not take over the costs themselves.

5. Liability and guarantee
5.1. The provider applies the highest scientific standards when performing its services. Nevertheless, in individual and very rare cases, SARS-CoV-2 tests (even those conducted with PCR techniques) may provide false positive or false negative results. This could be caused by a wide range of errors in pre-analysis (for instance with respect to the quality of the sample material, sampling techniques, contamination, temperature influences, different outer packaging) or a failure of analysis equipment for unknown and/or unforeseeable reasons. In general, for instance, delivery shortfalls of the reagents required for testing, staffing shortages, IT outages, outages of general supply services (electricity, water) and other unforeseen events can also cause delays in the findings.

5.2. The SARS-CoV-2 virus can only be identified in a throat swab if the virus has attacked the mucous membranes of the throat and if intracellular multiplication has reached a verifiable level. Based on current knowledge, this level of multiplication is only reached several days after infection. If the subject is tested at a very early stage of infection, therefore, a negative test result cannot fully exclude the possibility of infection. If there is still suspicion that the individual does have the virus, further tests should be conducted to verify the SARS-CoV-2 virus, and the specifications of the Federal Health Ministry and the health ministries of other countries, in particular regarding required quarantine measures, should be observed.

5.3. Any claims by the test subject for damages shall be excluded. This includes, in particular, damages (such as costs to rebook flights, lost business, etc.) resulting from delayed transmission of findings, incorrect test results, or because the findings submitted were not recognized by certain agencies, in particular authorities in Germany or in a specific target country. This exclusion of liability applies in favor of the provider and an external laboratory, as well as their respective statutory representatives and agents.

5.4. This does not include claims for damages by the test subject resulting from an injury to life, body or health, or from violations of significant contractual obligations (obligations that must be fulfilled to achieve the objective of the contract), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider or an external laboratory, or their statutory representatives or agents.

5.5. In terms of simply negligent violations of significant contractual obligations, liability shall be restricted to damages typical for the contract and foreseeable, unless these claims for damages by the test subject are the result of injuries to life, body or health.

5.6. If the provider cannot perform the services by the agreed appointment for reasons for which it is culpable, the test subject can choose to have the service performed at another appointment available on the web portal, or withdraw from the contract. The test subject should inform the provider of their choice by sending an e-mail to the e-mail address (widerruf@invitago.eu). If another PCR test is conducted to verify the SARS-CoV-2 virus, the projected time to receipt of the findings should be calculated once again from the time the throat swab is taken.

6. Cancellation policy and sample cancellation form
When concluding distance selling transactions, consumers have a statutory cancellation right. The provider is informing consumers of said right in the following in accordance with the law, and providing a sample cancellation form. The test subject hereby already requests and expressly agrees before the contract is concluded that the contracted services may begin before the end of the cancellation period. The test subject understands that their cancellation right shall expire once the contract has been fulfilled in full, and that, if the services have not yet been performed in full by the time of cancellation, they must pay an appropriate amount for the portion of services already performed before the time at which the provider was informed that they would be exercising their cancellation right - compared to the overall scope of the services outlined in the contract.

Cancellation policy
Cancellation right
You have the right to cancel this contract within fourteen days without providing grounds. The cancellation period shall be fourteen days from the date on which the contract is concluded. To exercise your cancellation right, you must submit a clear declaration (for instance a letter sent by mail, a fax, or e-mail) informing us of your decision to revoke this contract to us (InVitaGO GmbH, Stresemannallee 4-6, 41460 Neuss, phone number: +49.2131.7186016, E-Mail address: widerruf@inviatgo.eu). You may use the attached sample cancellation form, although this is not required. To fulfill the cancellation deadline, you only need to send in the notification that you are exercising your cancellation rights before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must repay all payments we have received from you promptly, at the latest within fourteen days from the date on which we receive your notification that you are canceling this contract. We use the same payment method to provide return payment that you used during your original transaction, unless we have expressly agreed otherwise; we will never charge fees to process this repayment. If you have requested that services should begin during the cancellation period, you must pay us a reasonable amount corresponding to the portion of services already performed by the time at which you informed us that you were exercising your right of cancellation of the contract, compared to the total scope of services provided under this contract.

Sample cancellation form
(if you want to cancel the contract, please complete this form
and send it back to us.)
To InVitaGO GmbH,,Stresemannalllee 4-6, 41460 Neuss, E-Mail address: widerruf@invitago.eu:

I/we (*) hereby cancel the contract I/we (*) have concluded
for the purchase of the following goods (*)/ performance of the following
services (*)
______________
ordered on (*)/received on (*):
___________________

Consumer name:
___________________
Consumer address:
___________________
Consumer signature (only if transmitted on paper):
___________________
Date:
___________________
(*) Strike out non-applicable information


7. Applicable law
The law of the Federal Republic of Germany, excluding international uniform law (such as the UN CISG) applies to these GTC and the contractual relationship between the provider and test subject.

8. Severability clause
If individual points of the contract between the test subject and provider are legally invalid, the remainder of the contract shall remain binding. The invalid points shall be replaced by statutory regulations if available. If this would represent an unreasonable hardship for one of the contractual parties, the contract shall be invalid as a whole.
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InVitaGo
InvitaGO Office Neuss
Stresemannallee 4-6
41460 Neuss - Germany

Telefon: +49 (0) 2131-7186016
E-Mail: info@invitago.eu


InvitaGO Office Wiesbaden
Sonnenberger Straße 82
65193 Wiesbaden - Germany

E-Mail: info@invitago.eu

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