Conditions.

Version: June 2020

Who we are

Coronavirustest.nu is a trade name of:

Van Grinsven Ventures B.V. (trading name Connaxis)

Prins Hendrikkade 189 B

1011 TD Amsterdam, Netherlands

Email: [email protected]

Chamber of Commerce: 34141154

VAT: NL809410084B02

Definitions

  • General terms and conditions: these terms and conditions as they apply to our services;
  • Consumer: the natural person who purchases the services of the entrepreneur and providers and does not act for purposes related to his trade, business, craft or profession;
  • Entrepreneur: Coronavirustest.nu as operated by Van Grinsven ventures B.V. and the digital content associated with it and/or services offered at a distance;
  • Provider: the natural or legal person whose offer is displayed on the platform of the entrepreneur, including to the extent that it uses the functionalities provided by the entrepreneur for the conclusion of a contract with the consumer;
  • Offer: the offer displayed insofar as it relates to the services of a provider and invites the consumer to accept it
    Platform: the website managed and made available by the entrepreneur and connected or affiliated functionalities and/or services;
  • Agreement: an agreement whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  • Assignment: the assignment from the consumer to the entrepreneur to execute the agreement related to the services of the entrepreneur;
  • We, us, our: the entrepreneur and his service in the sense of these general conditions.

Our service

Coronavirustest.nu is an interactive platform that facilitates consumers to find and book the services of providers. Our services consist of making the full content of our platform available, including an information portal, decision aids, search module and related functions. In addition, we offer both consumers and providers the possibility of using our availability calendar, booking and payment module, which makes it easier to reach an agreement.

The use of the booking and/or payment systems does not imply that we are in any way a party to the final agreement between the consumer and the provider. The providers are explicitly responsible for the validity, content, scope and execution of the offer made by them. Our services do not extend to offering, taking or otherwise performing or selling coronavirus tests. We are only party to agreement(s) regarding our platform or our services as such.

Art. 1 – Applicability of general terms and conditions

These general terms and conditions apply to every agreement between the consumer and the entrepreneur regarding the services of the entrepreneur, including the use of the platform and booking and payment systems. Use of our services implies acceptance of these general terms and conditions.

Independent of these general terms and conditions, every contract between a provider and consumer is also subject to the terms and conditions applied by the provider. These will be made available to the consumer in electronic and durable form prior to the booking, together with these general terms and conditions.

Art. 2 – The offer

Every offer, as far as it concerns the services of a supplier, originates in its entirety from that supplier. This includes:

the availability of the test,

the time, date and location of the test,

the content, reliability and communication of the results, and

the conditions and other characteristics of the advertised service in a broad sense.

The offer displayed is expressly only an invitation to complete the booking process designed for this purpose. If a provider does not use the available availability calendar, booking and/or payment function for that purpose, the only valid offer is the one displayed on the provider’s own website.

Art. 3 – The agreement

When making a booking, the consumer accepts the offer made by the provider and a contract is concluded with the entrepreneur. This agreement extends to the execution of the service as stated by the provider, in accordance with the conditions.

If the consumer makes use of the connected booking or payment systems, an agreement is also made with the entrepreneur. This agreement exclusively involves an order from the consumer to the entrepreneur to communicate the booking request to the provider and/or process the related payment.

The entrepreneur can make use of a third party payment processor for receiving, exporting and processing the payment. In this case, a contract is also concluded between the consumer and this third party payment processor, in accordance with the applicable conditions.

Art. 4 – The booking

A booking request is made at the moment that the consumer, after having read the applicable terms and conditions, has confirmed the desired booking. A request for a booking becomes a definite booking as soon as the conditions attached to it have been fulfilled, such as making a payment if required, and the booking has been confirmed by the supplier. No rights can be derived from an unconfirmed booking.

Art. 5 – The payment

Payments can be made and processed by a third party payment processor chosen by the entrepreneur. This payment processor is solely responsible for the execution of this order. The terms and conditions of the payment processor are also applicable to the order to process the payment. After receipt and confirmation of the payment, the entrepreneur will take care of the correct execution and communication of this to the consumer and provider.

Art. 6 – Cancellations or changes

Confirmed bookings can only be cancelled with the provider within the first 24 hours after confirmation, unless otherwise stipulated in the provider’s terms and conditions or if this is contrary to the law and reasonableness or fairness.

Until the time of confirmation by the provider, a booking can still be cancelled by the entrepreneur at the request of the consumer. If a booking is confirmed before the trader has processed the cancellation request, it becomes final and must be cancelled by the trader. The risk of timely notification and processing of a cancellation by the operator lies explicitly with the consumer.

Any request for cancellation or revocation of a confirmed booking must be made by the consumer directly to the provider.

Changes to confirmed bookings are subject to the conditions or approval of the booked provider. Any request for changes to the booking must be made by the consumer directly to the supplier of the booking made. The entrepreneur is not responsible for the communication or approval of a cancellation or change request to the provider.

The entrepreneur reserves the right to cancel bookings, before they have been confirmed by the provider, without giving a reason and to proceed to refund any payments received.

Art. 7 – Restitution

Refunds of confirmed bookings are the responsibility of the booked provider. After approval of the cancellation, the latter will proceed with a refund in accordance with the conditions agreed upon.

Refunds of undue payments received by the operator, such as in the case of cancelled bookings and/or errors or malfunctions in the payment or booking process, will be made promptly, but no later than 14 days after discovery.

Art. 8 – Liability

Despite the care we take in providing our services, we cannot be held liable in any way for the actions of the providers we represent. We therefore explicitly reject any liability for actions performed by these providers.

It is the consumer’s own responsibility to judge the reliability or content of the service provided by the providers. It is not the entrepreneur’s duty to provide the consumer with information not provided by the providers themselves. In case of doubt, the consumer should conduct his own investigation, the entrepreneur is not liable for actions resulting from information presented by providers.

We cannot vouch for the contents or the execution of the offer made by the operator and we are explicitly not a party to the contract between the consumer and the operator. For this reason, we do not accept liability for any damage that may occur as a result of the contract between the consumer and a provider, either directly or indirectly.

If the provider is accountably failing in the execution of his agreement with a consumer, he is only liable for the value of the agreed services.

Art. 9 – Complaints

In the event of a dispute or disagreement about the services of the entrepreneur, the consumer must inform the entrepreneur in writing within a reasonable period. Any dispute will be resolved amicably in the first instance.

For complaints about the service of the providers, the consumer should first of all turn to them. In case of failure of the provider to resolve the dispute, this can be communicated to the entrepreneur, so that he can investigate and, in case of serious and/or repeated failure of the provider, remove his offer from the platform.

Art. 10 – Other provisions

The entrepreneur reserves the right to change these general terms and conditions at any time without prior notice.

Should a clause or section of these general terms and conditions be declared invalid, this will not affect the validity of the other provisions.

Art. 11 – Applicable law

These general terms and conditions, as well as the settlement of any disputes or proceedings arising from them, are governed by Dutch law.