General Terms and Conditions of DoctorBox Service GmbH

Effective date: November 3, 2022

These general terms and conditions apply exclusively to the contractual relationship between DoctorBox Service GmbH, Alt Moabit 91b 10559 Berlin info@doctorbox.de 030-54453898 (“ we ” or “ DB Service ”) and our end customers (“ you ” or “ customer ”) who purchase a home test for self-use (the “ product ”) via the website www.shop.doctorbox.de (the “ website ”), including its evaluation by a medical laboratory commissioned by us (the “ partner laboratory ”) for the respective biomarker(s) of the home test and the provision of the test results (“ test ”).

Further contractual terms and conditions, in particular the customer's purchasing conditions, shall not become part of the contract and their validity is expressly rejected. This applies even if their validity has been expressly referred to.

Before purchasing a product, please note that test results are only available via the DoctorBox app from DoctorBox GmbH or the DoctorBox GmbH website. Therefore, to fully use the product and the test in accordance with these general terms and conditions, you must have the DoctorBox app installed and created a DoctorBox account. These are subject to the separate terms of use of DoctorBox GmbH.

1. PURCHASE OF THE PRODUCTS

1.1. Conclusion of contract

(a) You can order the products via the website. The essential characteristics of the products are described in more detail on the website. We also draw your attention to any existing delivery restrictions on the website. Upon submission of the order by clicking the correspondingly labeled button ("Order with payment") and acceptance by DB Service, a contract for the provision of the product and evaluation of the test against payment of the price stated on the website is concluded. DB Service accepts the offer by sending a separate confirmation email or, at the latest, by dispatch of the product. In any case, we will confirm receipt of an order immediately by email; however, this does not constitute acceptance of the order.

(b) Before submitting the order, the customer has the opportunity to check his order details again and correct them if necessary.

(c) The contract can only be concluded in German

(d) Upon acceptance of your offer, you will receive the complete contract documents in a storable format.

1.2. Delivery

(a) The ordered products will be dispatched within one week after receipt of payment.

(b) Title shall pass to the Customer upon full payment or upon delivery of the Product, whichever occurs later.

1.3. Right of withdrawal

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. if the purchase of a product cannot be attributed predominantly to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions:

(a) Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us (DoctorBox Service GmbH, Alt Moabit 91b, 10559 Berlin, info@doctorbox.de, +49 30 54453898) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax, or email). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

(b) Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

(c) Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)

To DoctorBox Service GmbH, Alt Moabit 91b 10559 Berlin, info@doctorbox.de

• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only if notification is made on paper)
• Date
• __________________________*) Delete as appropriate.

(d) Exclusion of the right of withdrawal

The right of withdrawal is excluded according to Section 312g Paragraph 2 No. 3 of the German Civil Code (BGB) as soon as the seal of the product has been removed after delivery.

1.4. Rights in the event of defects

(a) If a product is defective upon delivery, the customer is entitled to the statutory rights.

1. b) The limitations of liability in Section 4 apply to claims for damages.

2. CONDUCTING THE TEST

2.1 Upon receipt of the test, the customer may use it in accordance with the enclosed instructions for use. Please note that the reliability and functionality of the tests depend on the correct and uncontaminated use of the products, which is your responsibility. Please refer to the test information included in the packaging, particularly the limitations regarding sensitivity, timing, and instructions for use, as well as other information.

2.2 You can send the applied test to the medical laboratory commissioned by us using the pre-paid and pre-addressed envelope included with your delivery of the product. The forwarding to the medical laboratory will be recorded using a tracking number, and you can track the status of the forwarding at any time. Please note the tracking number or use the corresponding function in the DoctorBox app. You bear the risk of accidental loss or unusability of the test due to shipping.

2.3 The partner laboratory will independently analyze and evaluate the submitted test and make the results available via an interface to DoctorBox GmbH. The results can be retrieved using the provided barcode and PIN code via the DoctorBox app or the DoctorBox GmbH website.

2.4 Neither the activities of DB Service nor those of the partner laboratory constitute medical advice. In particular, DB Service does not offer its own medical services, diagnoses, or similar. After analysis by the partner laboratory, we will provide the results obtained by the laboratory as described herein, without making any additional medical recommendations or providing advice in this regard. Neither the DoctorBox GmbH website nor the DoctorBox app offer its own medical services, diagnoses, and/or therapies in this regard, nor do they provide any corresponding medical information. Therefore, the DoctorBox GmbH website and the DoctorBox app are not medical devices within the meaning of the Medical Devices Act or the Medical Devices Regulation.

3. COMPENSATION

(a) The prices listed on the website include applicable VAT. Shipping costs, depending on the shipping address, will be indicated on the final overview page before completing the order and will be included in the final price at that point.

(b) The payment methods indicated on the website are available for payment.

3.1 Subscription model for the regular receipt of sampling sets

3.1.1 Subscription Model and Discount : We offer a subscription model that allows customers to receive sampling kits on a regular basis. Customers who choose to subscribe receive a percentage discount off the regular price of the sampling kits, which will be displayed on the respective product page during the order process.

3.1.2 Subscription Cancellation : The subscription is cancelable, subject to certain restrictions. The customer may cancel the subscription after receiving the third sampling kit. This cancellation must be made in writing and received within 30 days of receiving the third kit. Upon successful cancellation, no further sampling kits will be sent, and the percentage discount on future purchases will no longer apply.

3.1.3 Payment Terms : Payment for the subscription is due in the month in which the customer receives the sampling kit. This means that the subscription payment is due for the month in which the sampling kit is delivered.

3.1.4 Interval setting : The customer has the option of specifying an interval for the delivery of the sampling kits on the product page. This interval may vary depending on the sampling kit and is specified by the customer when placing the order.

3.1.5 Use of the "Recurpay Subscription App" : We use the "Recurpay Subscription App," a Shopify integration, to manage subscriptions. This app requires the customer's master data and payment information to complete a subscription.

3.1.6 Price Adjustment in Case of Base Price Changes: Should the base price of the sampling kit change over time, we reserve the right to adjust the subscription prices accordingly. We will notify the customer of such price changes in a timely manner and give them the opportunity to adjust or cancel the subscription accordingly.

3.1.7 Abuse Clause : Customers are prohibited from abusing the subscription by intentionally using it for a short time to obtain the percentage discount and then immediately canceling it. In such cases, we reserve the right to take appropriate action, including rejecting future subscription applications from customers who violate this clause.

4. LIABILITY

4.1 Furthermore, DB Service shall only be liable for the fulfilment of its obligations in accordance with statutory provisions for damages (a) caused intentionally or through gross negligence,
(b) to body, life or health and
(c) which are based on a culpable breach of a material contractual obligation, i.e., a contractual obligation that is essential for achieving the purpose of the contract and whose non-fulfillment would jeopardize the successful execution of the contract and whose compliance can regularly be expected. In this case, however, liability is limited to the damage that could typically be expected in comparable situations.

4.2 Otherwise, DB Service’s liability is excluded.

3.3 Any liability under the Product Liability Act, the Medical Devices Act or other laws that cannot be limited by contract remains unaffected.

3.4 The limitations of liability in this section also apply to the legal representatives, employees, vicarious agents and other personnel of DB Service.

5. DATA PROTECTION

5.1 We process your personal data exclusively in accordance with applicable legal regulations and our separate privacy policy.

6. OTHER

6.1 Any changes or amendments to the contract between DB Service and the customer, including these general terms and conditions, must be made in writing (text form is sufficient) and must expressly refer to the respective contract and the amended or amended provision. This also applies to any changes or cancellation of this written form clause.

6.2 The contract concluded between DB Service and you, including these general terms and conditions, is governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions and those of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer within the meaning of Article 6 of the Rome I Regulation (EC 593/2008), you will nevertheless retain the protection afforded to you by those provisions from which no agreement may be deviated under the law that would apply due to a lack of choice of law.

6.3 Unless you are acting as a consumer within the meaning of Section 13 of the German Civil Code (BGB), the courts in Berlin shall have exclusive jurisdiction for disputes arising in connection with these general terms and conditions.

6.4 The EU Commission has established an online dispute resolution platform for consumers at https://www.ec.europa.eu/consumers/odr. However, we are not obligated to participate in such a dispute resolution procedure and reserve the right not to do so on a voluntary basis.