The website https://www.ecocare.center/eindhoven-airport/ („Website“) is provided by Ecolog Deutschland GmbH („Ecolog“), which offers laboratory medical analysis for the presence of infection with the SARS CoV-2 virus („Corona Virus“) („Test“) at Luchthavenweg 59 in Eindhoven close to Eindhoven airport
The following general terms and conditions apply to the testing of (swab) samples taken at Ecolog’s test centre at Luchthavenweg 59 in Eindhoven.
The contract for the performance of the Test you have selected is concluded via a binding offer by Ecolog on the Website, which you accept by clicking on the button „Place order and pay”. Ecolog will then confirm the conclusion of the contract by sending a confirmation e-mail to the e-mail address you provided in the course of the checkout process.
3.1 When booking a test via the website you have a legal right of withdrawal
You have the right to withdraw form this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (Ecolog Deutschland GmbH, In der Steele 14, 40599 Düsseldorf, Germany, e-mail: email@example.com, phone: +31 625 751 990) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal in respect of this contract compared to the total amount of services provided for in the contract.
3.2 Sample withdrawal form
(If you want to withdraw from the contract, please fill in this form and send it back).
(*) Delete as appropriate.
You agree that you will receive any (re)payments from us that may be due, in electronic form (and not in cash). This does not affect your potential right to receive a refund after a withdrawal using the same payment method you used for the original transaction (see section 3.1 above).
5.1 Ecolog shall be liable without limitation for damages caused intentionally or negligently by itself or its vicarious agents resulting from injury to life, body or health. Ecolog shall also be liable without limitation for other damages resulting from intentional or grossly negligent own breaches of contractual duties or breaches of contractual duties by its vicarious agents.
5.2 For property damage and financial losses resulting from a simple negligent breach of essential contractual obligations by Ecolog, liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations are those whose fulfilment characterise the contract and on whose compliance the customer may therefore rely.
5.3 Otherwise liability is excluded.
5.4 To the extent that Ecolog’s liability is limited or excluded, the limitations or exclusions also apply to the personal liability of its employees, legal representatives and vicarious agents.
5.5 The limitations and exclusions of liability under this clause 5 do not affect liability under the mandatory statutory provisions of the Product Liability Act, for fraudulent concealment of a defect or the assumption of a guarantee.
5.6 Ecolog explicitly does not guarantee that the analysis of your swab sample will be per-formed by a certain date and/or that the test results will be available by a certain point time. The times frames mentioned on our website are – as indicated in each case on the web-site – only empirical values. In rare cases, tests may not show the correct result. The method used by Ecolog can only detect infections with the Corona Virus if the pharyngeal mucosa is affected and viruses have already been multiplied intracellularly, which usually occurs within the first days after infection. In particular, because a sample only contains material from a certain point in time, a test can be positive at first while a subsequent test is negative. Ecolog carries out the tests on the basis of the state of the art in science and analysis, but cannot guarantee that the described cases will not occur. The above clauses 5.1-5.5 are not affected by this clause 5.6.
6.1 Ecolog is obliged to inform you that with regard to the so-called Online Dispute Resolution by the European Commission, a corresponding online platform is available. You can access this platform under the following link: https://ec.europa.eu/consumers/odr/. In this context, we are also obliged to inform you of our e-mail address: firstname.lastname@example.org.
6.2 Ecolog always tries to resolve any disagreements with the client regarding existing contracts by mutual agreement. However, we would like to point out that Ecolog is not obliged to participate in a consumer arbitration procedure and unfortunately does not offer you to participate in such a procedure.