Terms and Conditions
These General Terms and Conditions of Novamdik Bioresearch BV, hereinafter referred to as Novamedik, with chamber of commerce number 72379642, apply to all agreements, services and products of her.
These general terms and conditions apply to every offer from Novamedik and to every agreement concluded, whether or not at a distance, between Novamedik and the Consumer.
b. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Novamedik and that they will be sent free of charge as soon as possible at the request of the Consumer.
c. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the Consumer electronically in such a way that the Consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the Consumer electronically or otherwise.
In these general terms and conditions the following definitions apply:
1. Reflection period: the period within which the Consumer can make use of his/her reflection period
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract or on site at a test location (see definition of test location) with Novamedik;
3. Day: calendar day; Working day: all days except Saturdays, Sundays and Dutch national holidays;
4. Transaction: an agreement, whether or not concluded at a distance, with regard to one or a series of services.
5. Durable data carrier: any means that enables the Consumer or Novamedik to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Novamedik: Novamedik Bioresearch BV
8. Agreement: the agreement - whether or not at a distance - agreed between Novamedik and the Consumer
9. Technique for distance communication: means that can be used to conclude an agreement, without the Consumer and Novamdik meeting simultaneously in the same room.
10. Laboratory: the laboratory with which Novamedik cooperates and which carries out medical tests (see points 12a to c) for Novamedik on a regular or incidental basis.
11. Test location: the location where Novamedik offers its services, medical tests.
12a. Test/medical test: every (medical) test that Novamedik offers online both remotely via self-test and on location.
12b. Sample: any collection or sample of DNA/RNA or other endogenous substance (such as blood, for example) in order to analyze and carry out the medical test.
12c. Certificate: means of evidence provided with the medical test as proof of the test result of that test.
12d. Virtual environment: the environment that Novamedik offers to view and download test progress and results online
Contact details Novamedik
The contact details below apply to contacting or submitting comments, complaints, etc. by Consumers.
Location: Novamedik Diagnostics, Schiphol Plaza 40, Schiphol Airport Amsterdam
Article 1 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains as much as possible a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. Obvious mistakes or errors in the offer do not bind Novamedik.
3. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes and any costs
- the way in which the agreement will be concluded and which actions are required for this;
- the method of payment, delivery and performance of the agreement;
Article 5 - The agreement
1. The agreement is concluded at the moment of acceptance by the Consumer of the offer and the fulfillment of the corresponding conditions.
2. If the Consumer has accepted the offer electronically, Novamedik will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Novamedik, the Consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Novamedik will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Consumer can pay electronically, Novamedik will take appropriate security measures.
4. Novamedik can - within legal frameworks - inform itself of all those facts and factors that are important for a responsible conclusion of the distance contract or an agreement at a test location. If, based on this investigation, Novamedik has good reasons not to enter into the agreement, it is entitled to refuse an application with reasons, or to attach special conditions to the implementation.
Article 6 - Exclusion right of withdrawal
1. Novamedik excludes the Consumer's right of withdrawal as far as medical tests are concerned because the purchase of this type of service, once started, is irreversible and is clearly of a personal nature.
Article 7 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates. The applicable prices are the prices stated at the test location or on the Novamedik website
2. Contrary to the previous paragraph, Novamedik may offer products or services whose prices are subject to fluctuations in the financial market and over which Novamedik has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. The prices stated in the offer include VAT. Additional costs may apply for, for example, certificates desired by the Consumer.
Article 8 - Conformity, Warranty and Liability
1. Novamedik guarantees that the services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. .
2. In accordance with the offer and the above, Novamedik will make resources available free of charge for the collection of DNA/RNA and other body samples. The use by the Consumer of other means for taking these samples, or in ways other than those prescribed by Novamedik or the laboratory, is entirely at the risk of the Consumer. In the event of the use of resources other than those made available, Novamedik and the laboratory are entitled not to perform the Medical test and, if they do proceed to perform the Medical test, they are not liable for not obtaining of results or obtaining incorrect results.
2. The Consumer is fully and exclusively responsible and liable for the consequences of not filling in, incorrect or incomplete data and providing incorrect or incomplete information by the Consumer and/or other persons to be tested.
3. The consumer is fully and exclusively responsible and liable for correctly and fully informing and obtaining permission from all persons to be tested or (in the case of minors) their legal representative(s).
4. Neither Novamedik nor the laboratory is liable if the results of a legally valid Medical test are not accepted as evidence by a court, government agency or other body.
5. Novamedik's liability towards the Consumer shall under no circumstances exceed the amount paid by or for the Consumer for the product or service in connection with which Novamedik's liability is invoked.
6. The Consumer is aware that medical tests and their results are always a snapshot: in the case of Covid 19 tests, for example, it may be that the Consumer has already been infected but, given the incubation period, does not yet give a positive test result at the time of testing yields. The period of validity of the test results is never longer than the period of validity indicated by Novamedik or the laboratory when the service/test is taken out.
7. The Consumer is responsible for choosing and having the correct medical test taken in order to meet the entry requirements of the country of his travel destination (for example Covid 19 entry requirements). He/she must obtain the necessary information from the authorities of that country.
Article 9 – Conditions for Conducting Medical Tests.
1. Novamedik will only carry out the ordered Medical test after full payment has been received and on condition that the Consumer has accepted the General Terms and Conditions of Medical test.nl.
2. By sending or making available the DNA/RNBA or body samples to the laboratory, the Consumer agrees to the conduct of the research/tests. .
3. If, in the reasonable opinion of Novamedik and/or the laboratory, the Consumer has not complied with the conditions and/or requirements for performing the Medical test; or if, in the reasonable opinion of Novamedik and/or the laboratory, performing the Medical test is impracticable and/or ethically irresponsible; then Novamedik has the right to waive the Medical test. Novamedik may, but is not obliged to give the Consumer the opportunity to remove the cause of this decision. If Novamedik definitively decides not to carry out the medical test, Novamedik will refund the price paid by the Consumer.
Article 10 – Insufficient DNA/RNA or insufficient endogenous test material
1. . If insufficient material or material of an adequate quality cannot be obtained from one or more DNA/RNA or body samples sent/made available to Novamdik and/or the laboratory, then Novamedik will, except in the case of negligence on the part of the Consumer, make material available once free of charge for taking a new sample (or new samples) and have the new sample (or new samples) analyzed by the laboratory (or once again free of charge material – do – take away). If insufficient material or no material of an adequate quality can be obtained at this second attempt, the Consumer can take a new test at his own expense.
2. If the Consumer chooses to cancel the test after the first (unsuccessful) attempt to obtain samples, Novamedik will refund/reimburse the amount paid for the DNA test minus the costs already incurred to the Consumer.
Article 11 - Complaints
1. Complaints about services provided by Novamedik (directly or via the laboratory) must be sent via the contact details as indicated in these conditions.
2. Complaints must be received by Novamedik at the latest (a) within 14 days after notification of the test results to the Consumer; or (b) if test results have not been communicated to Consumer, within 30 days of the invoice date. If no complaint has been submitted within the aforementioned periods, the services provided by Novamedik will be deemed to have been performed satisfactorily and no further complaints will be handled. Complaints are handled exclusively in the Dutch, English or Chinese (standard Mandarin) language.
Article 12 - Delivery and performance, terms
1. Novamedik will take the greatest possible care when receiving and performing tests and when assessing applications for the provision of services and transactions.
2. The place of delivery of means for taking samples or having them taken is the address that the Consumer has made known to Novamedik.
3. With due observance of what is stated in this article of these general terms and conditions, the company will carry out agreed tests with due speed.
4. In the event of dissolution or cancellation in accordance with the provisions of these terms and conditions, Novamedik will refund the amount paid by the Consumer as soon as possible, but no later than 30 days after dissolution or cancellation.
5. If it proves impossible to carry out a test, Novamedik will endeavor to make a replacement test available.
6. The risk of damage and/or loss of test resources rests with Novamedik until the moment of delivery to the Consumer or a representative designated in advance and announced to Novamedik, unless expressly agreed otherwise. The risk of loss and/or damage to samples sent or sent by the Consumer to Novamedik rests with the Consumer until the moment of receipt by Novamedik and/or the laboratory of these samples.
7. For medical tests, the time period indicated by Novamdik or the laboratory for the performance of medical tests or the availability of test results is always indicative and is never a guarantee that it will be ready within the indicated time (day).
8. The virtual environment of the Consumer is set up by Novamedik with due observance of all reasonable ICT measures to create and maintain a safe and trusted environment for the Consumer. Novamdik is not liable for damage or data leaks if the Consumer carelessly handles or has handled login details of this environment, or makes them available to third parties and in the event of a targeted cyber attack by a hacker and/or cyber attack by a foreign power on Novamedik's network and virtual environment.
8. Novamedik or the laboratory will provide the Consumer with an accompanying certificate for tests that have been taken.
9. Appointments scheduled for medical tests at test locations can be canceled free of charge by Consumers up to 48 hours in advance. After that, the entire agreed price is and remains due, just as in the case of non-appearance or late appearance, without reasonable grounds, at the scheduled appointment by the Consumer.
10. Changes to scheduled appointments can be communicated up to 48 hours in advance; an appointment can then be changed once, free of charge. Novamedik may charge reasonable costs for changes within 48 hours of appointments.
Article 13 - Cancellation
1. Due to the nature and manner of performance of Novamedik's services, the cooling-off period for the Consumer is limited: the Consumer can cancel an agreement to perform medical tests free of charge until DNA/RNA or body samples have been received by Novamedik or the laboratory. or have been purchased from the Consumer. From that moment on, irreversible services have been provided in the context of the (execution of the) medical test. After that moment, the entire agreed price is and remains payable by the Consumer.
Article 14- Payment
1. Unless otherwise agreed, the amounts owed by the Consumer must be paid in advance. In the event of no or incomplete payment, Novamedik or the laboratory may suspend the agreed activities.
2. The Consumer is obliged to immediately report any inaccuracies in payment details provided or stated to Novamedik.
3. In the event of non-payment by the Consumer, Novamedik has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer in advance.
4. Payments only take place and via the payment methods and resources supported and indicated by Novamedik.
Article 15- Complaints procedure
1. Novamedik has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to Novamedik within a reasonable time, fully and clearly described, after the Consumer has discovered the defects.
3. Complaints submitted to Novamedik will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Novamedik will respond within the period of 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
Article 16 - Disputes
1. Agreements between Novamedik and the Consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 17 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.