Terms and conditions
These General Terms and Conditions apply to the entire offer on the website of https://coronasnelcheck.nl, and to all agreements entered into with How Are You Diagnostics B.V. (HAY Diagnostics B.V.)
For the performance of laboratory research and related or other work by How Are You Diagnostics B.V., having its registered office in Lelystad at Kamerlingh Onneslaan 6, 8218 MA registered with the Chamber of Commerce under number 6049590.
Article 1 Definitions
The following definitions apply in these General Terms and Conditions:
- General Terms and Conditions: The General Terms and Conditions as indicated below.
- Provision of Services: All activities, in whatever form, performed by How Are You Diagnostics B.V. for or on behalf of the Client.
- HAY Diagnostics: How Are You Diagnostics B.V.
- Participant: a person to whose person the laboratory examination and related activities or other activities directly relate.
- Client: a legal entity or natural person exercising a profession or pursuing a business, who places an order for the performance of laboratory tests and related or other activities and arranges for payment thereof. A consumer who orders tests via the internet is deemed equivalent to this.
- Remote provision of services: The agreement between the Client and How Are You Diagnostics B.V., whereby an organised system for remote provision of services, up to the conclusion of the agreement exclusively uses one or more techniques for distance communication, such as a website, app or other means of communication.
- Distance selling: See Remote provision of services
- Agreement: Any Agreement entered into between HAY Diagnostics and the Client.
- Order: The Agreement for the Provision of Services.
- Product: All matters that are the subject of the Agreement concluded between the Client and HAY diagnostics B.V.
- In writing:Wherever written form is mentioned in these General Terms and Conditions, it shall be regarded as equivalent to email.
Article 2 Applicability
These General Terms and Conditions apply to all offers made by HAY Diagnostics and agreements between HAY Diagnostics and the Client, unless otherwise expressly agreed in writing.
Article 3 Offers
- Offers and/or quotations are made in writing and/or electronically and/or via the app and the website.
- All offers and/or quotations of HAY Diagnostics are free of obligation, unless a term for acceptance is stated in the offer and/or quotation. If the offer and/or quotation stipulates a period for acceptance, the offer and/or quotation shall lapse when this period expires.
- HAY Diagnostics cannot be held to its offers and/or quotations if the Client should have understood, in accordance with the principles of reasonableness and fairness and generally accepted standards, that the offer and/or quotation or any part thereof contains an obvious mistake or error.
- If the acceptance deviates, whether or not on minor points, from the offering included in the offer and/or quotation, HAY Diagnostics shall not be bound by it. The Agreement will then not be concluded in accordance with such deviating acceptance, unless HAY Diagnostics indicates otherwise.
- Any lead time quoted by HAY to provide feedback on results to the participant or client should be regarded as a target and not a deadline.
Article 4 Formation of agreement
- An agreement with HAY Diagnostics shall only be formed after HAY Diagnostics has confirmed the formation thereof in writing, or if HAY Diagnostics has performed the order without reservation.
- In respect of activities for which, due to their nature and scope, no quotation or order confirmation is sent, the acceptance of the payment shall also be regarded as order confirmation.
Article 5 Execution of agreement
- HAY Diagnostics will perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- HAY Diagnostics has the right to have certain activities performed by third parties. The application of Sections 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.
- The Client shall provide HAY Diagnostics in good time with all data or instructions which are necessary for the performance of the Agreement or which the Client should reasonably understand are necessary for the performance of the Agreement. If such data and instructions are not provided or not provided in a timely manner, HAY Diagnostics is entitled to suspend performance of the Agreement. The additional costs incurred due to the delay shall be borne by the Client.
- The application of Section 7:404 of the Dutch Civil Code is explicitly excluded.
Article 6 Distance selling and/or remote provision of services
- This provision only applies to a Client in the capacity of Consumer.
- In the case of distance selling, delivery must take place within thirty days.
- In the case of distance selling, the Client shall be entitled to withdraw from the Agreement during fourteen calendar days after receipt of the goods delivered by HAY Diagnostics, without giving reasons.
- In the case of distance selling, the Client shall be entitled to withdraw from the Agreement after thirty calendar days if HAY Diagnostics has not delivered the product within fourteen calendar days, unless the parties have agreed on a different delivery period.
- In the case of remote provision of services, the Client has the right to withdraw from the Agreement during fourteen calendar days after it has been concluded, without giving reasons. In the event that HAY Diagnostics has not fulfilled its obligation to provide information or has not provided information in the correct form, the Client shall be entitled to dissolve the Agreement without giving any reason during a period of three months after receipt of the goods delivered by HAY Diagnostics or after the conclusion of the Agreement. If HAY Diagnostics fulfils the information obligation during those three months, the period of fourteen calendar days will start to run the day after HAY Diagnostics fulfils the information obligation.
- The Client may withdraw from the Agreement via the HAY Diagnostics website in a manner chosen by the Client.
- The right of withdrawal expires when the Service has been completed. In addition, the right of withdrawal shall lapse if HAY Diagnostics has commenced performance of the Service with the express prior consent of the Client and if the Client has acknowledged that it will lose its right of withdrawal once HAY Diagnostics has performed the Service in full.
- If the Client returns the delivered goods, the Client must return the goods in their unopened packaging, with all delivered accessories and in their original condition. The shipping costs for the return shipment are at the risk and expense of the Client.
- If the Client has made use of its right of withdrawal, the Client shall be obliged to return the goods within 14 calendar days after the Client has informed HAY Diagnostics that it is withdrawing from the agreement.
- If the Client has made use of his right of withdrawal, HAY Diagnostics will refund the full amount paid in advance including the shipping costs paid, no later than fourteen calendar days after the dissolution of the Agreement.
- In the event that the goods are not available, HAY Diagnostics will inform the Client as soon as possible and refund the amount paid in advance within fourteen calendar days at the latest. In the event that HAY Diagnostics and the Client agree that a good of similar quality and price may be supplied, the shipping costs for the return shipment will be borne by HAY Diagnostics. The foregoing shall only apply if the Client makes use of its right of dissolution during the cooling-off period.
- The provisions of this article do not apply if the Agreement relates to:
- hygienic products the seal of which the Client has broken;
- products and/or services which, with the consent of the Client, have already been delivered within the cooling-off period;
- products and/or services that cannot be returned due to their nature;
- products and/or services that spoil or age quickly;
- products and/or services of a personal nature;
- products and/or services made to measure.
Article 7 Disposal of body material
HAY Diagnostics is not liable for the proper transport of body material in the period before it is collected by How Are You Diagnostics B.V. The Client is responsible for ensuring that the body material to be collected originates from the Participant and that it has been collected voluntarily in an adequate manner in accordance with instructions.
- An exception to this is the samples taken by HAY itself.
Article 8 Applicability of the Medical Treatment Agreement Act
No medical treatment agreement will be established between HAY Diagnostics and the Client and/or Participant, as the research does not directly involve a person. The Participant is in principle not known to HAY Diagnostics.
- An exception to the applicability of Article 8 is made for our tests for notifiable diseases in groups A, B1, B2 and C. In order to order these tests, it is mandatory to provide a Citizen Service Number (BSN) of the participant, and the participant must be known to HAY Diagnostics.
Since HAY Diagnostics has no direct contact with the Participant, the nature of the legal relationship precludes the applicability of the following sections of the Dutch Civil Code:
- Section 7:447 (representation of minor),
- Section 7:448 (duty to provide information),
- Section 7:449 (right not to know),
- Section 7:450 (consent),
- Section 7:451 (recording consent),
- Section 7:459 (privacy of participant),
- Section 7:460 (prohibition of termination),
- Section 7:462 (central liability),
- Section 7:465 (legal incapability),
- Section 7:466 (emergency situations).
- The Client shall ensure compliance with the obligations of the care provider under the aforementioned articles of law.
- The nature of the legal relationship does not preclude the applicability of the following articles:
- Section 7:452 (duty of cooperation of Participant),
- Section 7:453 (good care provision),
- Section 7:454 (obligation to retain a file),
- Section 7:455 (right to destroy file),
- Section 7:456 (right to inspect file and obtain a copy),
- Section 7:457 (duty of confidentiality),
- Section 7:458 (data for scientific research),
- Section 7:461 (fee),
- Section 7:463 (prohibition of exclusion of liability in respect of Participant),
- Section 7:467 (anonymous body material).
- The applicability of Section 7:463 of the Dutch Civil Code does not imply a prohibition to exclude liability towards the Client as referred to in Article 1 of these General Terms and Conditions.
Article 9 Termination of order by the Client
If the Client cancels the agreement, the Client shall pay the fee connected with the execution of the order insofar as the execution of the order had already been started. This shall not affect HAY Diagnostics’ ability to claim additional damages from the Client.
Article 10 Force Majeure
HAY Diagnostics is not obliged to perform any obligation it may have towards the Client if HAY Diagnostics is prevented from doing so as a consequence of a circumstance that is not attributable to HAY Diagnostics and for which HAY Diagnostics cannot be held accountable by virtue of the law, legal acts or generally accepted practice, including but not limited to strike and/or work stoppage (whether organised by a trade union or unorganised), government measures impeding production and supplier failures (whether attributable or not) as a result of which HAY Diagnostics is unable to perform its obligations to the Client in full or in part.
- Even if HAY Diagnostics is already in default, it may invoke force majeure.
Article 11 Payment
- Payment must be made within three weeks of the invoice date. Payments should be made to the bank or giro account indicated by HAY Diagnostics.
- In the event of late payment, the Client shall be in default and shall owe default interest of 1% per month, with part of a month counting as a full month, from the due date until the day of full payment. The interest for delay in payment shall also be due on the administration costs mentioned in paragraph 3 of this article and the extrajudicial costs mentioned in paragraph 4 of this article.
- If payment is not made within the period stated in paragraph 1, HAY Diagnostics will send a reminder to the Client, allowing the Client a period of 14 days to fulfil its obligations. If the Client does not pay within the aforementioned term, HAY Diagnostics will send the Client a second and final reminder, whereby in addition to the rate due and the default interest, an amount of at least €12.50 in administration costs will be charged. Whether or not such reminders are sent shall not affect the fact that the Client is in default and shall owe default interest.
- If the Client remains in default despite the reminders sent in accordance with paragraph 3, all costs related to the subsequent collection, both judicial and extrajudicial, shall be for the Client’s account. The extrajudicial costs are set at a minimum of 15%, calculated over the principal sum and the contractual interest due thereon, as referred to in paragraph 2 of this article. The extrajudicial costs amount to at least € 25 per collection.
- Every payment made by the Client shall first serve to pay the default interest owed as referred to in paragraph 2 of this article and subsequently the extrajudicial costs owed as referred to in paragraph 4 of this article. Only after full payment of the default interest and extrajudicial costs owed, will a payment by the Client be deducted from the principal sum owed.
Article 12 Retention of body material
- HAY Diagnostics may store the body material received from the Participant in accordance with applicable (legal) regulations and time limits. The body material received becomes the property of HAY Diagnostics provided that the material is no longer traceable to individuals. An exception to the non-traceable storage of samples can be made if RIVM has determined different rules for this.
- According to the Medical Treatment Agreement Article 4671, anonymous substances and parts secreted from the body may be used for medical statistical or other medical scientific research provided the research is carried out with due care.Research involving anonymous substances and parts removed from the body means research in which it is ensured that the body material to be used in the research and the data to be obtained from it cannot be traced back to an individual.By using the services of HAY Diagnostics, the Participant implicitly agrees to the use of the anonymised sample for this purpose.Any request for the destruction of the body material shall be honoured, provided it is submitted in time and thus before the sample is anonymised.You may submit your request for destruction of the sample by sending an email to: firstname.lastname@example.org
Article 13 Liability and indemnity
- In the event that HAY Diagnostics has imputably failed to perform any obligation incumbent upon HAY Diagnostics or has committed a wrongful act towards the Client, HAY Diagnostics shall only be liable towards the Client for the loss suffered by the Client in connection therewith if the Client proves that such loss is attributable to the intentional act or omission or gross negligence of HAY Diagnostics and/or its executive staff.
- In the event that HAY Diagnostics’ liability must be assumed in accordance with the preceding paragraph, HAY Diagnostics’ liability shall be limited to the amount invoiced in respect of the services provided per loss-causing event or series of events with a common cause, on the understanding that HAY Diagnostics’ liability for indirect damages, such as, but not limited to, loss of profit and loss of turnover, is excluded.
- Furthermore, HAY Diagnostics shall never be liable for damages resulting from the quality of materials used or processed by HAY Diagnostics, or from the use of goods provided to HAY Diagnostics by the Client.
- Without prejudice to the provisions of paragraphs 1 to 3, HAY Diagnostics’ total liability per damaging event or series of events with a common cause shall never exceed the amount covered by HAY Diagnostics’ liability insurer.
- The client shall indemnify HAY Diagnostics and the (ancillary) persons engaged by HAY Diagnostics in the performance of its obligations against all claims from third parties on account of losses suffered by such third parties arising from or in connection with the performance of work performed by HAY Diagnostics, unless there is intent or gross negligence on the part of HAY Diagnostics and/or the (ancillary) persons engaged by HAY Diagnostics in the performance of the agreement. HAY Diagnostics’ (ancillary) persons shall also be regarded as ‘third parties’ as referred to in this Article. In particular, but not exclusively, the Client shall indemnify HAY Diagnostics against all claims by third parties for damages suffered by such third parties as a result of Client’s failure to fulfil its obligations towards the participant and/or his legal representative pursuant to Title 7, Section 5 of the Dutch Civil Code.
- In the event that How Are You Diagnostics B.V., its staff and/or other (ancillary) persons of HAY Diagnostics are held liable by a third party, HAY Diagnostics will immediately inform the Client to this effect. Consultation between HAY Diagnostics and the Client will always take place during any negotiation with the third party or any legal proceedings. The Client shall bear the (legal) costs involved in conducting such negotiations or any proceedings.
Article 14 Applicable law and competent court
- Any agreement between HAY Diagnostics and its Client shall be governed by Dutch law.
- To the extent permitted by law, all disputes between HAY Diagnostics and its Client shall be submitted to the competent court in Lelystad.
- HAY Diagnostics General Terms and Conditions Legal Entities