Standard Terms and Conditions of Ecolog Deutschland GmbH in connection with contracts entered into via the website www.ecocare.center (hereinafter the “Ecocare Website”) or via the Ecocare Application (hereinafter: “Ecocare App”) between Ecolog Deutschland GmbH, In der Steele 14, 40599 Düsseldorf, registered in the Commercial Register of the Local Court (Amtsgericht) in Düsseldorf under the number HRB 65967, (hereinafter: the “Provider”) and the customer referred to in section 2 (hereinafter: “Customer”).
1. General provisions, scope of application
The website, www.ecocare.center (hereinafter the “Ecocare Website”) and the Ecocare Application (hereinafter: “Ecocare App”) is provided by Ecolog Deutschland GmbH (“Ecolog”), which offers analyses to check for the presence of an infection with the SARS-CoV-2 virus (“corona virus”) by means of the COVID-19 rapid antigen test or PCR tests (both referred to as a “Test”).
The following Standard Terms and Conditions Apply to the testing of (swab) samples taken in the Ecolog test centres.
2. Conclusion of a contract
2.1 On the Ecocare Website or the Ecocare App, the Customer can select the specific product, i.e., the type of corona virus test, from the Provider’s product range. Upon acceptance of Ecolog’s Standard Terms and Conditions and giving the data protection consent and the consent for a sample to be taken from the nose and throat region (nasopharyngeal zone), the Customer, by clicking on the “Book now” button, submits a legally binding offer to conclude a contract for the relevant service. The invoice can be retrieved in the Ecocare App as soon as the test result is available.
2.2 A contract between the Customer and Ecolog is formed only if Ecolog has sent the Customer an order confirmation by email to the confirmed email address.
3. Statutory right of cancellation
3.1 Notification of the right to cancel
Right to cancel
You have the right to cancel this contract within fourteen days, without having to state reasons.
The cancellation period runs for fourteen days from the date of concluding the contract.
In order to exercise this right of cancellation, you must inform us (Ecolog Deutschland GmbH, In der Steele 14, 40599 Düsseldorf, Germany, email: firstname.lastname@example.org, fax: +49 (0) 211 622 750 199) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, telefax or email). You may use the attached model cancellation form in order to do so, but its use is not compulsory. For the purposes of compliance with the cancellation period, it shall be sufficient if you send off the notification that you are exercising your right to cancel before expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we shall refund you for all payments that we have received from you, including delivery costs (except for the additional costs incurred as a result of selecting a type of delivery other than the cheapest standard delivery we have offered), without delay and, at the latest, within fourteen days of the date on which we received your contract cancellation notice. In order to effect this refund, we will use the same payment method that you used for the original transaction, unless a different method has been expressly agreed with you; under no circumstances will you be charged a fee for this repayment.
If you have asked for provision of the services to commence during the cancellation period, you shall pay us an appropriate amount that reflects the portion of the services, compared to the total scope of the services provided for under the contract, that have already been provided up until the date on which you notify us that you are exercising your right to cancel this contract.
3.2 Model cancellation form
Model cancellation form
(Please complete and return this form if you wish to cancel the contract.)
- To: Ecolog Deutschland GmbH, In der Steele 14, 40599 Düsseldorf, Deutschland, email: email@example.com
- I/we (*) hereby cancel the contract that I/we (*) have entered into for the purchase of the following goods (*)/provision of the following services (*)
- Name and place of the Ecolog test centre
- Booked on (*)/received on (*)
- Name of the customer
- Address of the customer
- Email of the customer
- Signature of the customer (for a paper notification only)
(*) Delete as applicable.
4. Cancellation terms
The customer has the right to cancel his contract within fourteen (14) days, without having to provide a reason, in which case the customer will be reimbursed the full amount of the test price.
Upon expiry of the aforementioned cancellation period, Ecolog’s cancellation terms are as follows:
· 50% of the test price shall be retained:
o After 14 days from the date of booking the appointment and prior to performance of the test; and
· 100% of the test price shall be retained:
o If the test has not been performed within 3 months of booking the appointment and the customer has not cancelled it within this time.
5.1 All prices displayed on the Ecocare Website and the Ecocare App are inclusive of statutory VAT at the rate from time to time in force.
5.2 The Customer may make the payment by credit card. Payment shall be due immediately upon conclusion of the contract.
5.3 You hereby agree to receive any (re-)payments or possible credits that may be due on our part in electronic form (and not in cash). This shall not affect any right you may have to receive the repayment due upon cancellation by the same payment method that you used for the original transaction (see section 3.1 above).
6.1 Ecolog shall bear unlimited liability for loss or damage resulting from injury to life, body or health that has been caused intentionally or through negligence by Ecolog itself or its vicarious agents. Ecolog shall also bear unlimited liability for other losses or damage based on an intentional or grossly negligent breach of obligation committed by Ecolog or its vicarious agents.
6.2 In the case of property damage and financial losses based on a breach of essential contractual obligations resulting from ordinary negligence on the part of Ecolog, liability shall be limited to the losses or damage that were foreseeable at the time of entry into the contract and typical for the type of contract; essential contractual obligations are obligations in respect of which fulfilment of the said obligations goes to the heart of the contract and the Customer can reasonably be expected to rely upon their fulfilment.
6.3 Liability is excluded in all other respects.
6.4 Insofar as liability on the part of Ecolog has been limited or excluded, the limitations or exclusions shall apply also to the personal liability of its employees, legal representatives and vicarious agents.
6.5. The liability limitations and exclusions under this section 5 do not affect liability under the mandatory statutory provisions of the German Product Liability Act (Produkthaftungsgesetz), or due to fraudulent concealment of a defect, or based on an issued guarantee.
6.6 Ecolog expressly gives no guarantee that the analysis of your swab sample will be carried out by a specific date and a specific time and/or that the test results will be available by a specific date/time. The times indicated on our website are merely empirical values for the relevant test type. In rare cases, it is possible that the tests will not give the correct result. The COVID-19 rapid antigen tests or PCR tests administered by Ecolog can only detect coronavirus infections if the mucous membrane of the throat is affected and virus particles have already been replicating intracellularly; this usually occurs within the first few days of infection. The fact, in particular, that a sample will only ever contain material from a specific point in time means that a test can certainly produce a result that is positive initially and then negative upon a subsequent test. While Ecolog carries out the testing on the basis of the latest scientific and analytical state of the art, it cannot give any guarantee that the described scenarios will not occur. Sections 6.1-6.5 above shall remain unaffected by this section 6.6.
6.7 Information concerning the antigen tests: In principle, due to the varying accuracy of the antigen tests in comparison to the PCR tests, Ecolog assumes no responsibility for any false-negative or false-positive results. Furthermore, for this reason, no responsibility or liability is accepted for any missed flights and/or other inconveniences resulting from a false-positive or false-negative test result and the costs, damage and/or lost revenues or profits ensuing therefrom.
7. Final provisions
7.1 Ecolog is obliged to inform you that the European Commission provides an online platform as part of its Online Dispute Resolution facility. This platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/. In this regard, we are also required to inform you of our email address. This is: firstname.lastname@example.org.
7.2 Ecolog always strives to find an amicable solution to any disputes with Customers in relation to existing contracts. However, we would like to inform you that Ecolog is in no way obliged to participate in consumer conciliation procedures (according to the German Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz, VSBG)) and unfortunately does not offer you the possibility to participate in such proceedings.