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  • Terms & Conditions

GENERAL TERMS AND CONDITIONS PRIVATE CUSTOMER

(Business customer terms and conditions are at the bottom of this page or open this link)

Article 1 - Definitions

In these Terms and Conditions, the following definitions shall apply:

a. Agreement: an agreement whereby the customer acquires a product in connection with a distance contract and whereby this product is delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
b. General Terms and Conditions: these general terms and conditions as published on the entrepreneur’s website;
c. Reflection Period: the period within which the customer can exercise their right of withdrawal;
d. Customer: the natural person who is not acting for purposes related to their trade, business, or professional activity;
e. Digital Content: data produced and supplied in digital form;
f. Durable Medium: any tool – including email – that enables the customer or entrepreneur to store information addressed personally to them in a way that allows for future consultation or use for a period adequate for the purpose of the information, and which allows the unchanged reproduction of the stored information;
g. Right of Withdrawal: the customer’s option to dissolve the distance contract within the reflection period;
h. Entrepreneur: Easly, which offers a wide range of validated home tests with medical interpretation and advice;
i. Distance Contract: an agreement concluded between the entrepreneur and the customer within the framework of an organized system for the distance sale of products and/or digital content, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
j. Account: the account managed by the entrepreneur in the customer’s name to provide test information or containing information provided by the customer after placing an order for a product and registering;
k. Laboratory Resultlab and Medical Laboratories Dr. Stein & Collegae: the independent laboratories with which the entrepreneur cooperates for the purpose of the medical tests. The laboratories are ISO/IEC 15189 certified;
l. Medical Advisor: a medical professional registered in the Netherlands;
m. Sample: a blood, urine, saliva, or other body material of the type required by the laboratory to perform the tests relevant to the ordered product.

Article 2 - Identity of the entrepreneur

Name of Entrepreneur: MED Solutions B.V.
Acting under the name(s):
Easly

Business address:
Voorwillenseweg 105, 2806 ZE Gouda
Phone number: +31857603953

Reachability:
From Monday to Friday from 09:00 to 17:00
E-mail address: info@easly.nl
Chamber of Commerce number: 80513093
VAT number: NL861698022B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.

  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the customer’s request.

  3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second paragraph applies accordingly, and in the event of conflicting conditions, the customer may always rely on the applicable provision that is most favorable to them.

  4. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be replaced immediately in mutual consultation by a provision that approaches the intent of the original as closely as possible.

  5. Situations not regulated in these general terms and conditions are to be assessed ‘in the spirit’ of these general terms and conditions.

  6. Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions are to be interpreted ‘in the spirit’ of these general terms and conditions.

  7. By purchasing the product via the website, the customer confirms they are at least 18 years old.

Article 4 - The offer

  1. The entrepreneur offers a wide range of validated home tests together with medical interpretation and advice .

  2. An offer stating a special promotion is valid while stocks last. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer .

  3. The offer contains a complete and accurate description of the product offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a truthful representation of the offered product .

  4. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur .

  5. Every offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer .

  6. The product is subject to availability. If the product is unavailable, the customer will be informed as soon as possible. The customer has the option to cancel the order and receive a full refund .

Article 5 - The Agreement

  1. The agreement is concluded at the moment of acceptance by the customer of the offer and the fulfillment of the conditions set out therein.

  2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer may dissolve the agreement.

  3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

  4. The entrepreneur may—within legal frameworks—inform himself whether the customer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the execution.

  5. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

  6. The entrepreneur will send the following information with the product, at the latest upon delivery to the customer, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:

    • the email address of the entrepreneur where the customer can contact for complaints;

    • the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

    • the information regarding the use of the product, warranties, and existing after-sales service;

    • the price includes all taxes on the product as well as the delivery of the product to the customer, as well as the provision of test services by the laboratory and the provision of test information. When the customer buys the product in a pharmacy or from a retailer, the price the customer pays to this party for the product is also the price for the test services by the laboratory and the provision of the test result to the customer;

    • if the customer has a right of withdrawal, a form to exercise the withdrawal.

Article 6 - Right of withdrawal

  1. Upon the purchase of a product, the customer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period commences on the day after receipt of the product by the customer or a representative designated in advance and made known to the entrepreneur.

  2. During the reflection period, the customer will handle the product and the packaging with care. He will unpack the product only to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and—if reasonably possible—in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. The principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store.

  3. When the customer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The customer must make this notification using the model form or by means of another communication medium, such as email. After the customer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment. The customer bears the direct costs of returning the product.

  4. If, after the expiry of the periods mentioned in paragraphs 1 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, respectively, the purchase is a fact.

Article 7 - Obligations of the entrepreneur regarding withdrawal

  1. If the entrepreneur makes it possible for the customer to submit the notification of withdrawal electronically, he will immediately send a confirmation of receipt upon receiving this notification .

  2. The entrepreneur shall reimburse all payments already made by the customer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the customer notifies him of the withdrawal .

  3. The entrepreneur uses the same payment method for reimbursement that the customer used, unless the customer agrees to another method .

  4. If the customer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method .

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur excludes the following from the right of withdrawal :

  1. Products manufactured according to customer specifications, which are not prefabricated and are manufactured based on an individual choice or decision by the customer, or which are clearly intended for a specific person ;

  2. Products that spoil quickly or have a limited shelf life ;

  3. Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery ;

  4. Products that are irrevocably mixed with other products after delivery due to their nature .

Article 9 - Price

  1. During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates .

  2. Notwithstanding the previous paragraph, the entrepreneur may offer products the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This subjection to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer .

  3. The prices stated in the product offer include VAT and include shipping costs if this is stated in the offer. For shipping to countries outside the Netherlands, a surcharge on shipping costs applies .

Article 10 - Compliance

  1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.

  2. An extra guarantee provided by the entrepreneur or his supplier never limits the statutory rights and claims that the customer can invoke against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.

Article 11 - Delivery and Execution

  1. The products are shipped within a maximum of 5 working days after the order confirmation to the address provided by the customer . The place of delivery is the address that the customer has made known to the entrepreneur . If the delivery location is changed after the order confirmation has been sent, the product will be delivered to the original address .

  2. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise . Product-related risks transfer to the customer as soon as the product has been delivered to the delivery address stated in the order confirmation .

  3. If, after receipt of the product, it appears that the wrong product has been sent or the product is damaged or incomplete, the customer must report this to customer service by email or telephone as soon as possible . A replacement product will be sent to the customer as soon as possible .

  4. If the delivery experiences a delay, or if an order cannot be executed or can only be partially executed, the customer will receive notification of this no later than 10 days after he has placed the order . In that case, the customer has the right to dissolve the agreement without costs . After dissolution, the entrepreneur will immediately refund the amount that the customer has paid .

  5. The customer must send the test himself via the supplied medical return envelope by post (Post NL) to the laboratory, where the tests are processed . Results are validated by the head of the laboratory .

  6. Based on a specific result, a certificate may be issued .

  7. Specific matters regarding the result may be reported per test category .

  8. The entrepreneur is obliged to maintain confidentiality regarding all confidential information that he has obtained within the framework of the agreement . Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information .

  9. If, on the basis of a statutory provision or a judicial decision, the entrepreneur is held to provide confidential information to a third party designated by law or the competent court, and the entrepreneur cannot invoke a legal right of non-disclosure or a right of non-disclosure acknowledged or permitted by the competent court, then the entrepreneur is not held to pay damages or compensation and the customer is not entitled to dissolve the agreement on the ground of any damage suffered or to be suffered as a result thereof .

Article 12 - Payment

  1. Unless otherwise agreed, the amounts owed by the customer must be paid within 14 working days after the commencement of the reflection period as referred to in the article.

  2. The customer is never obliged to make an advance payment of more than 50%. When advance payment has been stipulated, the customer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.

  3. The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

  4. If the customer does not meet his payment obligation(s) on time, he is liable for the statutory interest on the outstanding amount after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the customer a period of 14 days to still fulfill his payment obligations, if payment is not made within this 14-day period; furthermore, the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him.

Article 13 - Warranties and Liability

  1. In the event that the customer receives the product by post or purchases the product in the store, the customer must strictly follow the enclosed instructions for use . If the customer does not strictly follow the enclosed instructions for use, the entrepreneur cannot accept any liability for the results .

  2. In order to obtain test results, the customer must have created an account and activated the test using the unique ID code stated on the product . Failure to activate a test can lead to the test result not being processed .

  3. The customer is responsible for going through all test instructions and ensuring that the test is activated correctly . The entrepreneur is never liable for incorrectly activated, and therefore unusable, tests and is not required to reimburse them .

  4. The customer may not duplicate the user account. When the customer creates an account, the entrepreneur assumes that the customer provides the correct contact details . Only then does the customer have access to the personal test information .

  5. There is no guarantee that the tests performed and the resulting test results as part of the services will be 100% accurate due to the nature of the tests performed .

  6. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period . However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products .

  7. The warranty does not apply if: the customer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties ; the delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or are treated contrary to the instructions of the entrepreneur and/or on the packaging .

  8. By using the product, the customer acknowledges that the test results provided by the entrepreneur do not constitute a definitive diagnosis . All test results must be verified by a recognized physician for a definitive diagnosis .

  9. The product must only be used in accordance with the instructions for use . The customer also undertakes not to use the product for resale or in violation of applicable local, national, or international laws or regulations .

  10. If the customer demonstrates that he has suffered damage due to an error by the entrepreneur that would have been avoided with careful acting by the entrepreneur, the entrepreneur is only liable for direct damage up to a maximum of the agreed amount .

  11. Direct damage is exclusively understood to mean:

    • the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions ;

    • any reasonable costs incurred to determine the shortcoming of the entrepreneur in the fulfillment of the agreement, if these can be attributed to the entrepreneur ;

    • reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions .

  12. The entrepreneur is not liable for indirect damage, including consequential or incidental damage, including damage for loss of data, loss of reputation, loss of profit, loss of emotional well-being caused by the test information and/or results, arising from or related to the product that the entrepreneur and/or damage due to non-binding information or advice given by the entrepreneur the content of which does not expressly form part of the agreement .

  13. The limitation of liability laid down in paragraph 13 of this article is also stipulated for the benefit of third parties engaged by the contractor for the execution of the assignment .

  14. The entrepreneur is not liable for damage to or loss of products during transport or during shipment by post, regardless of whether the transport or shipment is carried out by or on behalf of the entrepreneur or third parties .

  15. The entrepreneur cannot be held liable for the non-execution of an order due to force majeure, for example in the event of exhaustion of stock or the failure of deliveries by suppliers or the non-execution of orders due to accidents, strikes, fire, flood, etc. . This list is not exhaustive .

Article 14 - Privacy Policy and Password

  1. The Privacy and Cookie Policy is stated by the entrepreneur on the website.

  2. The password that the customer creates for registration must be kept confidential, must not be disclosed to others, and must be used only by the customer.

  3. If the customer suspects that the account or password is known to a third party, the customer must immediately notify the entrepreneur. However, the entrepreneur is never liable if these details are known to a third party or if they are misused by a third party.

Article 15 - Complaints

  1. Complaints regarding the execution of the agreement must be submitted to the entrepreneur via info@easly.nl, fully and clearly described, within 7 days after the customer has discovered the defects .

  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt . If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the customer can expect a more detailed answer .

  3. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing .

  4. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace the delivered product free of charge .

Article 16 - Disputes

  1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law. This applies even if the customer resides abroad .

  2. The Vienna Sales Convention does not apply .

Article 17 - Intellectual Property

  1. The customer expressly acknowledges that all intellectual property rights regarding displayed information, communications, or other expressions concerning the product rest with the entrepreneur, suppliers, or other right holders .

  2. Intellectual property rights are understood to mean: patent, copyright, trademark, design and model rights, and/or other (intellectual property) rights, including know-how, methods, and concepts .

  3. The customer and third parties are prohibited from making use of the intellectual property rights as described in this article, including making modifications, such as for example reproduction, without the express prior written consent of the entrepreneur, its suppliers, or other right holders .

Article 18 - Final Provisions

  1. The information on the entrepreneur’s website in no way contains medical advice or instructions that allow a diagnosis to be made or a medical treatment to be started or guided . If the customer has questions regarding a specific diagnosis or treatment, the customer must consult a (general) doctor or other qualified healthcare providers .

  2. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be inspected by the customer in an accessible manner .

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

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GENERAL TERMS AND CONDITIONS BUSINESS CUSTOMER

Article 1 - Definitions

In these Terms and Conditions, the following definitions shall apply:

  1. Agreement: an agreement whereby the customer acquires a product in connection with a distance contract and whereby this product is delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;

  2. General Terms and Conditions: these general terms and conditions as published on the entrepreneur’s website;

  3. Reflection Period: the period within which the customer can exercise their right of withdrawal;

  4. Customer: the natural or legal person acting in the exercise of their profession or business;

  5. Digital Content: data produced and supplied in digital form;

  6. Durable Medium: any tool – including email – that enables the customer or entrepreneur to store information addressed personally to them in a way that allows for future consultation or use for a period adequate for the purpose of the information, and which allows the unchanged reproduction of the stored information;

  7. Right of Withdrawal: the customer’s option to dissolve the distance contract within the reflection period;

  8. Entrepreneur: Easly, which offers a wide range of validated home tests (in many cases with medical interpretation and advice); Easly is NEN 7510 / 7512 / 7513 certified;

  9. Distance Contract: an agreement concluded between the entrepreneur and the customer within the framework of an organized system for the distance sale of products and/or digital content, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;

  10. Account: the account (or results dashboard) managed by the entrepreneur (specifically: the entrepreneur’s doctor) in the customer’s name to provide test information or containing information provided by the customer after placing an order for a product and registering;

  11. Medical Laboratories Dr. Stein & Collegae: the independent laboratories with which the entrepreneur cooperates for the purpose of the medical tests. Medical laboratories Lab Stein are DAKKS and ISO 15189 and 17025 certified;

  12. Medical Advisor: a medical professional registered in the BIG register in the Netherlands;

  13. Sample: a blood, urine, saliva sample, or other body material of the type required by the laboratory to perform the tests relevant to the ordered product;

  14. Subscription: a subscription that the customer has taken out via the website indicating that the customer wishes to receive the test on a frequent basis.

Article 2 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.

  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the customer’s request.

  3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second paragraph applies accordingly, and in the event of conflicting conditions, the customer may always rely on the applicable provision that is most favorable to them.

  4. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be replaced immediately in mutual consultation by a provision that approaches the intent of the original as closely as possible.

  5. Situations not regulated in these general terms and conditions are to be assessed ‘in the spirit’ of these general terms and conditions.

  6. Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions are to be interpreted ‘in the spirit’ of these general terms and conditions.

  7. By purchasing the product via the website, the customer confirms they are at least 18 years old.

  8. The laboratory will use the obtained sample material solely for the requested analysis. However, the laboratory may use anonymized sample material for validation/verification of methods and as control material within the diagnostics of the laboratory to check results. By approving these general terms and conditions, the customer agrees to the anonymous use of his/her data for the aforementioned purposes.

Article 3 - The offer

  1. The entrepreneur offers a wide range of validated home tests (often accompanied by medical interpretation and advice regarding the results). Some home tests can also be ordered on a subscription basis .

  2. An offer stating a special promotion is valid while stocks last. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer .

  3. The offer contains a complete and accurate description of the product offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a truthful representation of the offered product .

  4. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur .

  5. Every offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer .

  6. The product is subject to availability. If the product is unavailable, the customer will be informed as soon as possible. The customer has the option to cancel the order and receive a full refund .

  7. It is possible to take out a subscription for a test via the website. The subscription applies for the agreed frequency (every 3 or 6 months) and is for an indefinite period. Cancellation is possible at any time via the customer’s personal account. Here, under the heading “Subscriptions,” you will find an option to cancel the subscription.

Article 4 - The Agreement

  1. The agreement is concluded at the moment of acceptance by the customer of the offer and the fulfillment of the conditions set out therein .

  2. Upon agreeing to this agreement, the customer also agrees to the Medical Treatment Contracts Act (WGBO). This act establishes the basis for a doctor-patient relationship and a so-called treatment agreement.

  3. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer may dissolve the agreement .

  4. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose .

  5. The entrepreneur may—within legal frameworks—inform himself whether the customer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the execution .

  6. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products .

  7. The entrepreneur will send the following information with the product, at the latest upon delivery to the customer, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium :

  • the email address of the entrepreneur where the customer can contact for complaints ;

  • the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal ;

  • information regarding the use of the product and warranties after purchase ;

  • the price includes all taxes on the product as well as the delivery of the product to the customer, as well as the delivery of test services by the laboratory and the delivery of test information . When the customer buys the product in a pharmacy or from a retailer, the price the customer pays to this party for the product is also the price for the test services by the laboratory and the provision of the test result to the customer ;

  • if the customer has a right of withdrawal, a form to exercise the withdrawal .

Article 5 - Right of withdrawal

  1. Upon the purchase of a product, the customer has the option to dissolve the agreement without giving reasons for a period of 14 days . This reflection period commences on the day after receipt of the product by the customer or a representative designated in advance and made known to the entrepreneur .

  2. During the reflection period, the customer will handle the product and the packaging with care . He will unpack the product only to the extent necessary to be able to assess whether he wishes to keep the product . If he exercises his right of withdrawal, he will return the product with all supplied accessories and—if reasonably possible—in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur . The principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store .

  3. When the customer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product . The customer must make this notification by sending an email to customer service. After the customer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days . Enclosing the return form (downloadable via the website) is mandatory. The customer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment . The customer bears the direct costs of returning the product .

  4. If, after the expiry of the periods mentioned in paragraphs 1 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, respectively, the purchase is a fact .

Article 6 - Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes it possible for the customer to submit the notification of withdrawal electronically, he will immediately send a confirmation of receipt upon receiving this notification .

  2. The entrepreneur shall reimburse all payments already made by the customer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the customer notifies him of the withdrawal .

  3. The entrepreneur uses the same payment method for reimbursement that the customer used, unless the customer agrees to another method .

  4. If the customer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method .

Article 7 - Exclusion of the right of withdrawal.

The entrepreneur excludes from the right of withdrawal:

  • Products manufactured according to customer specifications, which are not prefabricated and are manufactured based on an individual choice or decision by the customer, or which are clearly intended for a specific person .

  • Products that spoil quickly or have a limited shelf life .

  • Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery .

  • Products that are irrevocably mixed with other products after delivery due to their nature .

Article 8 - The price

  1. During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates .

  2. Notwithstanding the previous paragraph, the entrepreneur may offer products the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This subjection to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer .

  3. The prices stated in the product offer include VAT and include shipping costs if this is stated in the offer. For shipping to countries outside the Netherlands, a surcharge on shipping costs applies .

Article 9 - Compliance

  1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement .

  2. An additional guarantee provided by the entrepreneur or his supplier never limits the legal rights and claims that the customer can assert against the entrepreneur on the grounds of the agreement if the entrepreneur has failed to fulfill his part of the agreement .

Article 10 - Delivery and execution

  1. The products are shipped to the address provided by the customer within a maximum of 5 working days after order confirmation . The place of delivery is the address that the customer has made known to the entrepreneur . If the delivery location is changed after the order confirmation has been sent, the product will be delivered to the original address .

  2. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise . Product-related risks pass to the customer as soon as the product has been delivered to the delivery address stated in the order confirmation .

  3. If, after receipt of the product, it appears that the wrong product has been sent or the product is damaged or incomplete, the customer must report this to customer service by email or telephone as soon as possible . The customer will be sent a replacement product as soon as possible .

  4. If delivery is delayed, or if an order cannot be executed or only partially executed, the customer will be notified of this no later than 10 days after placing the order . In that case, the customer has the right to dissolve the agreement without costs . After dissolution, the entrepreneur will immediately refund the amount paid by the customer .

  5. If necessary, the customer must send the test themselves via the supplied medical return envelope (Post NL) to the laboratory, where the tests are processed . Results are validated by the head of the laboratory .

  6. A certificate may be issued based on a specific result . Specific matters regarding the result may be reported per test category .

  7. The entrepreneur is obliged to maintain secrecy regarding all confidential information obtained in the context of the agreement . Information is considered confidential if this has been communicated by the other party or if this flows from the nature of the information .

  8. If, based on a statutory provision or a court ruling, the entrepreneur is obliged to provide confidential information to a third party designated by law or the competent court, and the entrepreneur cannot invoke a legal right to refuse to give evidence or a right acknowledged or allowed by the competent court, the entrepreneur is not obliged to pay compensation or indemnification and the customer is not entitled to dissolve the agreement on the ground of any damage suffered or to be suffered as a result .

  9. If a subscription has been concluded, the entrepreneur will send the new test based on the frequency (every 3 or 6 months). The place of delivery is the address that the customer made known to the entrepreneur when concluding the subscription. The address can be adjusted in the customer’s personal account (under the heading subscriptions).

Article 11 - Payment

  1. Unless otherwise agreed, the amounts owed by the customer must be paid within 14 working days after the start of the cooling-off period as referred to in the Article .

  2. The customer is never obliged to make an advance payment of more than 50% . When advance payment is stipulated, the customer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made .

  3. The customer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur immediately .

  4. If the customer does not meet his payment obligation(s) on time, he is liable for statutory interest on the outstanding amount after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted him a period of 14 days to still fulfill his payment obligations, and payment has not been made within this 14-day period . The entrepreneur is also entitled to charge the extrajudicial collection costs incurred by him .

  5. In the case of a subscription, the costs of the new test will be debited from the account number provided when concluding the subscription a few days before shipment of the new test.

Article 12 - Warranties and liability

  1. In the event that the customer receives the product by post or purchases the product in a store, the customer must strictly follow the enclosed instructions for use and, for some tests, the available online instruction video. If the customer does not strictly follow the enclosed instructions for use and/or the instruction video, the entrepreneur cannot accept any liability whatsoever for the results.

  2. In order to obtain test results, the customer must have created an account and must have fully completed the ID verification within the account. Failure to verify the customer’s identity may lead to the test result not being processed. The test results are assessed by one of Easly’s doctors. As this establishes a mutual treatment relationship, Easly is legally obliged to verify the identity of the customer.

  3. The customer is responsible for following all test instructions. The entrepreneur is never liable for tests that are used incorrectly, and are therefore unusable, and is not required to reimburse them.

  4. The customer may not duplicate the user account. When the customer creates an account, the entrepreneur assumes that the customer provides the correct contact details. Only then does the customer have access to the personal test information.

  5. There is no guarantee that the tests performed and the resulting test results provided as part of the services will be 100% accurate due to the nature of the tests performed.

  6. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

  7. The warranty does not apply if: the customer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal circumstances or are otherwise treated carelessly or are treated contrary to the instructions of the entrepreneur and/or on the packaging.

  8. By using the product, the customer acknowledges that the test results provided by the entrepreneur do not constitute a definitive diagnosis. All test results must be verified by a recognized physician for a definitive interpretation.

  9. The product must only be used in accordance with the instructions for use. The customer also undertakes not to use the product for resale or in violation of applicable local, national, or international laws or regulations.

  10. If the customer demonstrates that he has suffered damage due to an error by the entrepreneur that would have been avoided with careful acting by the entrepreneur, the entrepreneur is only liable for direct damage up to a maximum of the agreed amount.

  11. Direct damage is exclusively understood to mean:

  • reasonable costs for establishing the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;

  • any reasonable costs incurred to establish the entrepreneur’s shortcoming in the performance of the agreement, if this can be attributed to the entrepreneur;

  • reasonable costs incurred to prevent or mitigate damage, insofar as the customer demonstrates that these costs have resulted in a limitation of direct damage as referred to in these general terms and conditions.

12. The entrepreneur is not liable for indirect damage, including consequential or incidental damage, including damage for loss of data, loss of reputation, loss of profit, loss of emotional well-being caused by the test information and/or results, arising from or related to the product of the entrepreneur and/or damage due to non-binding information or advice given by the entrepreneur, the content of which does not expressly form part of the agreement.

13. The limitation of liability laid down in paragraph 12 of this article is also stipulated for the benefit of third parties engaged by the contractor for the execution of the assignment.

14. The entrepreneur is not liable for damage to or loss of products during transport or during shipment by post, regardless of whether the transport or shipment is carried out by or on behalf of the entrepreneur or third parties.

15. The entrepreneur cannot be held liable for the non-execution of an order due to force majeure, for example in the event of exhaustion of stock or the failure of deliveries by suppliers or the non-execution of orders due to accidents, strikes, fire, flood, etc. This list is not exhaustive.

Article 13 - Privacy Policy and Password

  1. The Privacy and Cookie Policy is stated by the entrepreneur on the website.

  2. The password that the customer creates for registration must be kept confidential, must not be disclosed to others, and must be used only by the customer.

  3. If the customer suspects that the account or password is known to a third party, the customer must immediately notify the entrepreneur. However, the entrepreneur is never liable if these details are known to a third party or if they are misused by a third party.

Article 14 - Complaints

  1. Complaints regarding the execution of the agreement must be submitted to the entrepreneur via klantenservice@easly.nl, fully and clearly described, within 14 days after the customer has discovered the defects .

  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt . If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the customer can expect a more detailed response .

  3. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing .

  4. If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace the delivered product free of charge .

Article 15 - Disputes

  1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the customer resides abroad.

  2. The Vienna Sales Convention does not apply.

  3. Should disputes arise in connection with the Agreement that cannot be settled amicably, they will be submitted to the competent court of the district where the entrepreneur is established.

  4. The entrepreneur and the customer may agree to settle their disputes by means of binding advice or arbitration.

Article 16 - Intellectual property

  1. The customer expressly acknowledges that all intellectual property rights regarding displayed information, communications, or other expressions relating to the product rest with the entrepreneur, suppliers, or other rightholders.

  2. Intellectual property rights are understood to mean: patent, copyright, trademark, design and model rights, and/or other (intellectual property) rights, including know-how, methods, and concepts.

  3. The customer and third parties are prohibited from making use of the intellectual property rights as described in this article, including making modifications—such as reproduction—without express prior written permission from the entrepreneur, its suppliers, or other rightholders.

Article 17 - Final provisions

  1. The information on the entrepreneur’s website in no way contains medical advice or instructions that allow a diagnosis to be made or a medical treatment to be started or supervised. If the customer has questions regarding a specific diagnosis or treatment, the customer must consult a (general) physician or other qualified healthcare providers.

  2. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be consulted by the customer in an accessible manner.

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