Covid Test Mobil | General Terms and Conditions

General Terms and Conditions of Business

1. Welcome to HG LAB TRUCK GmbH – General Information

We operate an online shop at https://www.test-mobil.com to offer and sell our goods and/or services. We are responsible for the operation and administration of the online shop.

Further information can also be found on the website www.test-mobil.com.

All orders placed by you via this online shop and concluded with us are subject exclusively to these General Terms and Conditions of Business (hereinafter referred to as “GTC”) in the version valid at the time of the order. We do not accept any deviating General Terms and Conditions of Business unless expressly agreed otherwise in writing.

You can view our terms and conditions on the website or the sub-pages at the bottom of the page under “Terms and Conditions” and under the following link https://www.test-mobil.com/language/en/terms-and-conditions.

1.1 General information

SARS-COV-2 analyses are only offered for sale to persons over the age of 14. The tests are acceptable for any age group. In the case of minors, the consent of their parents or guardians must be presented.

 

2. Registration and ordering process when using our online shop and for booking appointments

2.1 Registration / Creating a customer account

In order to buy a SARS-COV-2 test or to book an appointment, you must register on our website as a customer. To create a customer account, we need the following data from you: e-mail address, first name and surname. You can check and update your data in your customer account at any time.

2.2 Obligations when using our online shop

With each registration as well as with each use of our online shop as a guest, you are obliged to provide true and complete information. As a registered user, you are responsible for keeping your personal access identification confidential and not making it available to any unauthorised third party and, to the extent permitted by law, you agree to be responsible for all activities that are carried out via your customer account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and you should inform us immediately if you have any reason to believe that a third party has obtained knowledge of your password or if the password is being, or is likely to be, used by unauthorised persons.

You are solely responsible for all entries you make as a result of registration or without registration when using our online shop. You must refrain from any disruption of the online shop and the website. Manipulations with the aim of obtaining unauthorised payments or other advantages to our disadvantage or to the disadvantage of other users can, in addition to legal consequences, in particular lead to the blocking or deletion of your customer account.

You are obligated to refrain from any abusive use of the online shop, the website and your customer account, in particular any use that impairs the operation of the online shop, endangers public order and security or morality, violates the rights of third parties or is contrary to applicable laws or morality. You are obliged to design all entries made in your customer account in an authorised manner in such a way that any improper use of the online shop, the website and your customer account, in particular by endangering public order and security or morality, infringing the rights of third parties or violating applicable laws or common decency is excluded from the outset.

You are obliged to do or refrain from doing anything to avoid any damage or threat to the good name and reputation of our company or other users.

2.3 Operation of the online shop by us

We reserve the right to change, improve, add to, temporarily or permanently shut down, delete or temporarily or permanently discontinue the content and functions of the online shop without prior notice.

2.4 Blocking / Deleting the customer account

We also reserve the right to block or delete your entries and/or your customer account temporarily or permanently or to edit or delete their contents if there is a suspicion that your entries endanger the operation and administration of the online shop, public order and security or morality, infringe the rights of third parties or violate applicable laws or morality. We will inform you promptly of any such suspicion and give you the opportunity to comment on it, as well as request you to clear the suspicion by setting a short deadline. In case of imminent danger or obvious infringement of rights, we may also refrain from providing prior information and/or warning. In such a case, we will provide the information promptly.

A deletion of your customer account is possible at any time within the scope of your account settings. Your data will subsequently be deleted, unless they are still needed to fulfil the orders placed by you or unless legal retention periods prevent deletion.

 

3. Object of the contract

3.1 SARS-COV-2 analyses are swab analyses that test for the presence of viruses in the swab.

3.2 HG LAB TRUCK will not pass on the sample or the results of the SARS-COV-2 analysis to third parties. Only notifiable diseases will be forwarded to the relevant authorities.

3.3 Service

3.3.1 HG LAB TRUCK will normally begin to carry out the SARS-COV-2 analysis within three (3) hours after taking the sample.

3.3.2 The obligation of HG LAB TRUCK to perform is fulfilled and concluded with the receipt of the analysis report by the customer. Irrespective of any recommendations in the analysis reports, HG LAB TRUCK does not owe the client any particular success, in particular with regard to a concrete change in the client’s physical constitution.

3.3.3 If the customer has revoked his consent under data protection law to the performance of the genetic analysis and the preparation of the analysis reports, HG LAB TRUCK shall stop the analysis work immediately after receipt of the declaration of revocation and destroy the sample.

3.3.4 The SARS-COV-2 analyses and the preparation of the analytical reports shall be carried out in accordance with the general state of the art in science and technology. The analysis depends on the quality of the sample, transport conditions and possible changes in the virus. Due to technical limitations it is not possible to guarantee 100% accuracy of such analyses.

3.4.5 Unless otherwise agreed with the customer, the analysis reports shall be sent to the customer as soon as possible but within the same day of the receipt of the sample and the signed data protection declaration of consent.

3.4.6 Samples are destroyed no later than 30 days after completion of the SARS-COV-2 analysis and transmission of the analysis report to the customer.

 

4. Terms of purchase

Orders via our online shop are only accepted from customers with legal capacity. The ordering process as well as the selection of location and date is carried out in the online shop that you reach via the website or the app. Prior registration is required to purchase a test.

With your order by clicking the button “Buy now” you are transmitting an offer to conclude a contract with us for the goods in the shopping cart. Upon receipt of your order, we will send you an order confirmation to the e-mail address you have provided us with regarding the goods you have ordered. The order placed by you shall only be deemed to have been accepted by us at the time you receive the order confirmation.

If you have not received an order confirmation within 24 hours of placing your order, please contact our free customer service at service@test-mobil.com or 0043 720 906 700. However, please note that the cost of the actual communications service is based on the fixed or mobile phone tariffs of your communications service provider.

The invoice will be issued to the address you specify when placing the order. The invoice will be sent by electronic (e-mail) means.

The contract data for processing and fulfilling the order is stored for invoicing purposes and can be viewed at any time via your customer account.

The contract language is German.

 

5. Prices

All prices stated in the online shop are final prices in EURO including the applicable value added tax.

5.1 These analyses are a medical service for curative treatment. Medical services which serve the purpose of curative treatment are exempt from VAT.

 

6. Terms of payment and methods of payment / Retention of title

Only when the purchase price has been paid in full the customer acquires the right to carry out the SARS-COV-2 test. No QR code, which serves as a ticket and identification code, is sent to the customer before payment.

The purchase price is due immediately via Stripe or Paypal.

The following payment methods are available to you:

  • Credit card (VISA/Master Card)
  • Paypal

 

7. Right of revocation and consequences of revocation according to the Remote and Foreign Trade Act (FAGG)

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract.

The right of withdrawal does not exist in accordance with § 18 Abs 1 Z 1 FAGG, in case HG LAB TRUCK GmbH has started the service and the service has then been fully performed before the end of the revocation period – on the basis of your explicit request as well as your confirmation of the knowledge of the loss of the right of withdrawal upon complete fulfillment of the contract

If you withdraw from a contract after you have declared that you will use the services of HG LAB TRUCK GmbH before the withdrawal period has expired and HG LAB TRUCK GmbH has started to fulfill the contract, you have HG LAB TRUCK GmbH to pay an amount which, compared to the contractually agreed total price, corresponds proportionally to the services provided by HG LAB TRUCK GmbH up to the withdrawal.

You can exercise your right of revocation by sending us an e-mail to service@test-mobil.com using he following sample revocation form:

Sample revocation form:

To HG LAB TRUCK GmbH, Hauptstraße 21, 6365 Kirchberg in Tirol:

I hereby revoke the contract I have concluded for the purchase of the following goods / provision of the following service(s)         

Ordered on / Received on 

First and last name:

Address:

E-mail address:

Name / Signature:

date:

You can use the above model revocation form, but this is not mandatory.

Should you require assistance in exercising your right of withdrawal, you can contact the following e-mail address at any time: service@test-mobil.com.

In the event of exercising the right of revocation, we will remit all payments received, including shipping costs (with the exception of additional costs resulting from the fact that you have chosen a different shipping method than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of the revocation of this contract.

The costs for the return shipment of the goods are to be borne by you.

 

8. Reminder and collection charges

In the event of default, the contractual partner (customer) undertakes to reimburse the creditors for the reminder and collection expenses incurred by them, insofar as these are necessary for appropriate legal prosecution, whereby the contractual partner (customer) undertakes in particular to reimburse at most the remuneration of the collection agency involved, which is based on the BMwA regulation on the maximum rates of remuneration due to the collection agency. If the creditor runs the dunning process himself, the debtor undertakes to pay an amount of €10.90 per reminder and €3.63 per half-year for keeping records of the debt obligation in the dunning process.

 

9. Liability

HG LAB TRUCK GmbH assumes no liability that the test result correctly reflects an infection with SARS-COV-2. The testing is based on an analytical method that classifies infected people as negative in a few cases and also classifies healthy people as positive in a few cases. HG LAB TRUCK GmbH therefore neither accepts responsibility for the consequences of any contagion caused by an incorrectly negative result, nor does it accept any obligation to compensate for damage caused to the assets of persons who tested incorrectly positive. In addition, damage to property caused by slight negligence by HG LAB TRUCK GmbH in the course of testing the assets of the people to be tested is excluded.

9.1 Liability when using the online shop

We will ensure the proper operation and administration of the online shop. However, we do not accept any liability for the online shop being available without interruption or for it functioning without errors or disruptions at all times.

We are entitled to carry out work on the online shop at any time, even without prior notice, which involves shutting it down or interrupting it. We are not liable for damages that should arise from the unavailability of the online shop. We are also not liable if information is transmitted incorrectly or not or not completely, unless the reason is clearly within our sphere of influence.

We have taken technical and organisational measures to protect our website and the online shop, which are state of the art. However, we are not liable for unauthorised or abusive collection or knowledge of data, in particular personal data (e.g. contact details) by third parties, such as hackers, which may occur despite implementation of these technical and organisational measures. When using our online shop, it is your responsibility to take appropriate measures yourself to protect the data you enter from unauthorised access by third parties. We assume no liability if, due to the incorrect use of our online shop or technical defects, the data entered by you becomes known to third parties.

We are not liable for any damages, including consequential damages, such as in particular loss or destruction of data, which you may suffer due to technical problems, such as in particular connection or transmission errors of the website, your browser or your communication service provider (“access provider”), in connection with the use of our online shop.

We also accept no liability for any damage you may suffer as a result of the deletion or blocking of your customer account in accordance with point 2.5.

9.2 Liability for contents

We are responsible for the content of our website in accordance with the following provisions:

In accordance with the provisions of § 16 of the German E-Commerce Act (ECG), we are not obliged as service providers to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to the general legal provisions remain unaffected by this. In any case, liability in this respect only comes into consideration from the time of knowledge of a concrete infringement. If we become aware of any illegal content, we will remove it immediately.

9.3 Liability for links

If our website contains links to external websites of third parties, over whose contents we have no influence, we are not responsible for these external contents in accordance with § 17 of the E-Commerce Act (ECG). The responsibility for the contents of linked sites lies exclusively with the respective provider or operator of these sites. We have checked linked sites for possible legal violations at the time of linking. Illegal contents were not recognisable to us. A permanent control of the contents of linked pages is not possible and without concrete evidence of violations of law is not reasonable. Should we become aware of such legal infringements, we will remove our links to such sites immediately.

 

10. Labelling rights (trademarks, copyrights, etc.)

The name HG LAB TRUCK is registered and protected as a union trademark. All trademark rights are held by the trademark owners; HG LAB TRUCK GmbH is entitled to the exclusive use of the trademark(s). Neither the use of the website, nor these terms and conditions, nor in any other way grants you trademark rights, whether for commercial or non-commercial use.

All other rights, in particular rights of use to data and information provided and/or sent, to texts, photos, graphics, logos, button icons, social plug-ins, audio clips, videos, digital downloads and data collections of HG LAB TRUCK or those entered in the context of the use of the website, are the property of HG LAB TRUCK and remain with HG LAB TRUCK for exclusive and irrevocable use and exploitation for all known and unknown types of use. The rights of use also include the right of HG LAB TRUCK to process the data and information sent, as well as the right to exploit the processing in accordance with these terms and conditions. All rights to names, trademarks or intellectual property arising from the use of the website are the property of HG LAB TRUCK and are also subject to these general terms and conditions.

 

11. Amendments to the General Terms and Conditions

We reserve the right to change or amend these terms and conditions at any time. Intended changes or additions will be published on the website. If you do not agree with the changes or additions, you have the possibility to stop using our website at any time and delete your customer account.

 

12. Online dispute resolution

Since 09.01.2016 the EU regulation on online dispute resolution in consumer matters (No. 524/2013) has been in force. Disputes between consumers and traders in connection with online purchase contracts or online service contracts can be settled via the following online platform.

The EU Commission offers the possibility of online dispute resolution on a platform operated by the Commission (so-called “OS Platform”). The OS platform can serve as a contact point for out-of-court settlement of disputes arising from online sales contracts or service contracts. This platform can be accessed via the external link ec.europa.eu/consumers/odr.

 

13. Final provisions

These General Terms and Conditions are subject to Austrian law to the exclusion of the UN Sales Convention.

The place of jurisdiction for legal disputes arising from or about these terms and conditions is the court in Innsbruck with jurisdiction over the subject matter. The statutory places of jurisdiction for consumers within the meaning of the Consumer Protection Act (KSchG) shall remain unaffected in the event of a consumer transaction.

Should individual provisions be or become invalid or unenforceable, the remaining provisions shall remain unaffected. These provisions will automatically be replaced by valid and enforceable provisions that best achieve the intended purpose.

The place of jurisdiction for disputes arising from the contractual relationship is the competent court for the municipality of A-6365 Kirchberg in Tirol.

 

14. Contact and support

If you have any questions or suggestions regarding our goods and/or services, you can contact us via our website www.test-mobil.com or by e-mail to service@test-mobil.com. We make every effort to process requests for usefulness and to incorporate them into the further development and improvement of our website.