General Terms and Conditions of COTEON GmbH, as of June 2021
§ 1 Scope & consumer information
(1) These General Terms and Conditions (hereinafter: “Terms and Conditions“) shall apply in the version valid at the time of the order to all contracts for certifications of antigen tests for the direct pathogen detection of the coronavirus SARS-CoV-2 for self-testing (hereinafter: Rapid Tests“) and other deliveries and services of COTEON GmbH, Pohnsdorfer Straße 3, 23611 Bad Schwartau, email@example.com, telephone no. 0451 / 292 208 19, Managing Director: Timo Scharpenberg (hereinafter: “User“), which are offered to customers via the website https://www.covidtestonline.de (hereinafter: “Online Shop“). Deviating terms and conditions of the customers shall not apply unless the User has expressly confirmed this in writing.
(2) The business relations between the User and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) The place of jurisdiction is the User’s registered office, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.
(4) Agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these Terms and Conditions.
(5) The contract language is German. The text of the contract is stored by the User after the conclusion of the contract, but is not directly accessible to the customer for security reasons. However, the customer may print its order data immediately after sending the order. The data of the individual order as well as the Terms and Conditions are also sent to the customer by e-mail as part of the order confirmation.
(6) Duty to provide information according to the ODR Regulation: The following link provided by the EU Commission (also called OS platform) contains information about online dispute resolution according to Art. 14 ODR Regulation and serves as a central point of contact for the out-of-court settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr.
(7) Duty to inform according to the Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz – VSBG) (§ 36 VSBG): The User is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
(8) In the event of complaints, you can contact our complaints office by e-mail at firstname.lastname@example.org.
§ 2 Content of the contract and conclusion of the contract
(1) The User offers customers in the online shop the performance of online certifications of test results of Rapid Tests (hereinafter: “Certification“) as well as the purchase of Rapid Tests. The customer can choose whether it only wants to make use of the Rapid Test Certification or whether it wants to purchase a Rapid Test in order to carry out the Certification. Rapid Tests are only offered in conjunction with the purchase of a corresponding number of authorisations to carry out Certification (hereinafter: “Certification Authorisation“).
(2) The presentation in the Online Shop of the User does not constitute a legally binding offer. When ordering via the User’s homepage, the customer makes a binding offer to conclude a contract for the desired services by clicking on the “Order subject to payment” button. Before submitting its contractual declaration, the customer has the opportunity to read these Terms and Conditions, the instructions on withdrawal and the User’s data protection declaration.
(3) During the ordering process, the customer has the possibility to recognise and correct wrong entries at any time before submitting the contractual declaration by changing its details using the mouse or keyboard. The customer can change its personal details as well as remove the chosen services from the overview of the selected products or increase or decrease the number of chosen services. In addition, all chosen order details are displayed again before the order is submitted and the customer is given the opportunity to correct them by clicking on the “Change product or shipment” button.
(4) Immediately after the submission of the order, we confirm receipt of the customer’s order by sending an e-mail in which we confirm receipt of the order and list the details thereof (hereinafter: “Order Confirmation”). This Order Confirmation also constitutes the acceptance of the customer’s offer and thus the confirmation of the contract. With the Order Confirmation, the customer receives these Terms and Conditions, the instructions on withdrawal with a model withdrawal form, the payment confirmation and the invoice. No contract shall be concluded for services that are not listed in the Order Confirmation. After conclusion of the contract, the customer will receive the Certification code to access the test portal and, if applicable, a shipping confirmation.
(5) The customer can only purchase a maximum number of 10 Rapid Tests through this order process. The number of Certification Authorisations that can be purchased through this order process is not limited.
(6) If the customer is a consumer, it has a right of withdrawal in accordance with the User’s instructions on withdrawal,, which are accessible to the customer via a link before the order is submitted and which are also sent to the customer with the Order Confirmation. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession. The right of withdrawal expires prematurely if the User has provided the service in full and has only started to provide the service after the customer has given its express consent and at the same time confirmed its knowledge that it loses its right of withdrawal upon complete fulfilment of the contract by the User.
§ 3 Prices
(1) All stated prices are Euro amounts and include the statutory value added tax. When ordering physical items (e.g. Rapid Tests), shipping costs are added in accordance with the following list under § 4 of these Terms and Conditions.
(2) The provision of the services to the customers by the User takes place after payment in accordance with the payment methods listed in § 5 (2) of these Terms and Conditions.
(3) If a customer is in default with its payment obligations, the User may claim damages in accordance with the statutory provisions.
(4) The User shall always issue the customer an invoice, which shall be handed to the customer upon delivery of the goods or otherwise sent in text form in a PDF format to the e-mail address provided by the customer.
§ 4 Shipping costs for physical items (e.g. Rapid Tests)
All information on return and shipping costs for deliveries can be found at the following link: https://covidtestonline.de/versand/
§ 5 Terms of payment
(1) Payment of the price for the ordered services is due immediately upon conclusion of the contract. In the event of default, the User shall be entitled to demand interest for the year at a rate of five percentage points above the respective base interest rate. In the case of legal transactions in which a consumer is not involved, the User reserves the right to charge interest on claims for payment in the event of default at a rate of nine percentage points above the respective base interest rate. The User reserves the right to prove and claim higher damages caused by default, § 288 (3),(4) German Civil Code (Bürgerliches Gesetzbuch – BGB).
(2) The User accepts payments via PayPal Plus and thus enables the customer to use three payment options: PayPal, direct debit (SEPA-compliant) and credit card.
Credit card via PayPal Plus: The customer does not need a PayPal account for this payment method and pays as usual with its credit card. PayPal only provides the framework conditions for the payment process.
Direct debit (SEPA-compliant) via PayPal Plus: The customer does not need a PayPal account for this payment method and pays as usual by direct debit. The money is collected from its account. PayPal provides the framework conditions for the payment process.
(3) All payments are to be made to COTEON GmbH without deduction. A payment shall only be deemed completed when the User can freely dispose of the amount.
(4) A set-off is excluded, unless the set-off claim is undisputed or legally established or recognised in writing by the User. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship. Exclusions do not apply, if it is a counterclaim arising from a claim in kind entitling the customer to refuse performance or if rights are asserted due to a defect.
§ 6 Vouchers
(1) The User reserves the right to issue voucher codes which can be redeemed in the Online Shop. The voucher can only be redeemed before the order process is completed by entering the voucher code. Subsequent offsetting is not possible. Only one voucher can be redeemed per order.
(1) The price for the ordered services must be at least equal to the amount of the voucher. Any remaining credit will not be refunded. Voucher credit is neither paid out in cash nor does it earn interest.
(2) The voucher will not be refunded if the customer does not make use of the services paid for in full or in part with the voucher within the scope of its statutory right of withdrawal and returns delivered goods.
(3) The voucher is transferable. The User may render its service to the respective holder with discharging effect. This does not apply if the User has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of representative authority of the respective holder.
(4) The claim for redemption of the voucher expires within 3 years from the end of the year in which the voucher code was issued (according to the date of issue).
§ 7 Delivery and transfer of risk for physical items (e.g. Rapid Tests)
(1) Unless otherwise contractually agreed, the ordered goods shall be delivered to the address specified by the customer. Delivery shall be made exclusively to addresses within Germany.
(2) The availability of the goods is indicated in the item descriptions. If the goods are described as “in stock” in the Online Shop, the delivery time is usually 2-3 working days from the conclusion of the contract, unless otherwise stated in the item description. Deviating delivery times are stated in the item description.
(3) The User reserves the right to release itself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of self-delivery shall only apply if the User is not responsible for the failure to deliver. The User shall not be responsible for the non-delivery if a so-called congruent hedging transaction was concluded with the supplier in good time in order to fulfil the contractual obligations. If the goods are not delivered, the User shall inform the customer immediately of this circumstance and reimburse any purchase price already paid as well as shipping costs.
(4) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
§ 8 Liability for material defects and defects of title
(1) Insofar as there are defects in the Rapid Tests supplied, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 et seqq. of the German Commercial Code (Handelsgesetzbuch – HGB) shall apply supplementary.
(2) Damages caused by improper actions of the customer during storage of the goods does not justify a warranty claim against the User. The customer can find information on proper handling in the manufacturer’s descriptions.
(3) Defects become time-barred within two years.
(4) If the customer is an entrepreneur, the limitation period is one year. This does not apply, if the User has fraudulently concealed a defect or has given a guarantee for the quality of the goods, and does not apply to claims for damages by the customer which are directed towards compensation for physical injury or damage to health due to a defect for which the User is responsible or which are based on intentional or grossly negligent fault on the part of the User or its vicarious agents.
(5) If there are defects and these were asserted in good time, the User is entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to terminate the contract or to reduce the purchase price. In all other respects, the statutory provisions shall apply.
§ 9 Duty to provide information in the event of transport damages
If goods are delivered with obvious damage to the packaging or the contents, the customer shall complain about this immediately to the carrier/freight service without prejudice to its warranty rights (§ 8 of these Terms and Conditions) and contact the User immediately by e-mail (email@example.com) or by other means (mail) so that the User can safeguard any rights against the carrier/freight service.
§ 10 Certification of test results
(1) The Certification of test results is only possible with Rapid Tests for laypersons accepted by the User, which have been tested and validated by the Federal Institute for Drugs and Medical Devices (BfArM) and the Paul-Ehrlich-Institute. A list of the Rapid Tests currently accepted by the User can be found at the following link: https://www.covidtestonline.de/tests. It is the responsibility of the customer to have a functional Rapid Test within the meaning of sentence 1 to hand, when carrying out the Certification process.
(2) After conclusion of the contract, the customer will receive a Certification code and a direct link to the test portal provided by the User for carrying out the Certification (hereinafter: “Test Portal“) by e-mail.
(3) In order to carry out a Certification, the customer requires, in addition to a Rapid Test as defined in paragraph (1), a high-resolution webcam on a smartphone (optional: PC or tablet), a functioning internet connection with sufficient bandwidth (recommended: 50 Mbit/s downstream and 20 Mbit/s upstream) and their own valid identification document (identity card or passport). ID documents from over 150 countries are accepted. The complete list of currently accepted identity documents can be found at the following link: https://covidtestonline.de/ausweisdokumente/.
(4) Certification begins with the verification of the ID document via WebID Solutions GmbH, Friedrichstraße 88, 10117 Berlin, registered with the Berlin District Court, HRB 146331 (hereinafter: “WebID“). For this purpose, the customer is automatically redirected to the WebID page and performs the verification according to the steps specified by WebID. The User recommends using the mobile application of WebID via smartphone with the operating systems Android or iOS in the respective current version. The price for acquiring a Certification Authorisation includes carrying out the verification process no more than twice.
(5) After successful verification, the customer shall carry out the Rapid Test within the scope of a video recording according to the instructions enclosed with the Rapid Test. The steps listed therein must be followed exactly. Otherwise, the Certification cannot be completed successfully. Errors in the execution of the test lead to an invalid test result and a forfeiture of the acquired Certification Authorisation.
(6) If the Certification process is interrupted due to technical problems on the part of the customer (e.g. interruption of the internet connection, insufficient memory capacity of the end device used, or similar), the Certification Authorisation expires and the test cannot be repeated with the Rapid Test used in the process.
(7) After error-free completion of the Certification process, the customer shall receive a certificate of the test result in PDF format (hereinafter: “Certificate“) by e-mail.
(8) The Certificate is usually sent within 2 hours after the Rapid Test has been carried out and the Certification process has been completed in the Test Portal. If the customer completes the Certification process in the Test Portal after 20:00 (CET), the Certificate will no longer be sent on the same day, but by 09:00 (CET) of the following day at the latest.
(9) The specified time by which the Certificate will be sent can only be complied with, if the customer has carried out the Certification process in good time – i.e. in compliance with the lead time specified in paragraph (8) – and in an orderly manner.
(10) If the customer does not carry out the Certification process within 60 calendar days of sending the Certification code for the Test Portal, the time periods specified in paragraph (8) cannot be complied with. The transmission of the Certificate may then take several calendar days.
(11) The Certificate shall be dated on the date on which the test result is available. The possibilities of using the Certificate depend on the intended use and the respective applicable requirements and legal or official regulations. It is the responsibility of the customer to inform itself whether the Certificate on a Rapid Test is sufficient for its purposes.
(12) The customer receives a simple right of use to the Certificate, which is unlimited in terms of space and time. Duplication for own purposes by printing is permitted (e.g. to prove a negative test result by physical presentation to third parties).
(13) In the event of a positive test result, the User may be obliged by law or by the authorities to forward the test result to the competent health authority. In addition, the User shall inform the customer that in the event of a positive test result, the duties of conduct must be observed, which are set out in the User’s information sheet on the conduct in the event of a positive SARS-CoV-2 PoC antigen test in accordance with the Federal Institute for Drugs and Medical Devices and can be found at https://www.covidtestonline.de/infoblatt.
§ 11 Disclaimer
(1) The customer is hereby informed that it cannot be excluded that Rapid Tests show a false-positive or false-negative test result. Underlying causes may be, for example, a low quality of the material taken by means of a smear test (e.g. due to subsequent contamination, due to defective smears, defective packaging or insufficient cooling) or an impairment of the analysis due to unforeseeable or unknown reasons. In principle, the method used can only detect infections with the coronavirus if the mucosa is affected and viruses have already multiplied intracellularly; according to current scientific knowledge, this usually occurs within the first few days after infection. Samples of insufficient quality (wrong collection site, too little swab material, etc.) as well as delayed or improper storage can thus lead to false-positive or false-negative results. Consequently, a negative test result does not exclude the presence of a coronavirus infection.
If infection is suspected, the test should be repeated regularly. If the problem underlying a false-negative or false-positive result could not be detected by the User during the verification of the Rapid Test, the User shall not be responsible for the incomplete, potentially misleading or false test result of an analysis.
Without prejudice to the following provisions, liability is excluded for any consequential damages such as missed appointments, missed flights, costs, damages and/or lost sales or profits which are attributable to the fact that the Rapid Test was not carried out despite existing Certification Authorisation for reasons for which we are not responsible and which cannot be attributed to us and/or the test result and/or the finding was not available in time and/or in the case of a false-negative or false-positive test result.
(2) The User shall otherwise be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. It shall also be liable for the slightly negligent breach of obligations the fulfilment of which is essential for the proper performance of the contract and the observance of which the customer regularly relies on, but in each case only for the foreseeable damage typical for the contract. The User shall not be liable for the slightly negligent breach of obligations other than the aforementioned.
(3) The limitations of liability in the preceding paragraph do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG) remains unaffected.
(4) If the liability of the User is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.