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General terms and conditions

General terms and conditions

Foreword
Here you will find our General Terms and Conditions of DAN Group GmbH, Herrengasse 30, 9490 Vaduz, Liechtenstein and the Medicross and Medicross brand.
Table of contents

1. general
2. subject matter of the contract
3. conclusion of contract
4th submission
5. test execution
6. test results
7. nutrient formula
8 Warranty and liability
9. fees without revocation
10. data protection
11. nutrition and fasting advice
12. reservation of title
13. final provisions

If you believe it is a medical emergency, call your doctor or 911 immediately. Our tests are not a substitute for medical diagnosis by a physician or alternative practitioner and are not a substitute for medical treatment. Diagnoses may only be made by physicians. None of the information should be construed as a promise of success or cure.
All product images and illustrations serve as symbol images.

§ 1 General

1.1. Dan Group GmbH, with its registered office at Herrengasse 30, 9490 Vaduz Liechtenstein, is an entrepreneur within the meaning of Art. 1 para. 1 Bst. a KSchG
– hereinafter referred to as “Medicross”. Medicross is a registered word mark of DAN Group GmbH.

1.2. The customer is a consumer within the meaning of Art. 1 Bst. b KSchG
– hereinafter referred to as “consumer or consumers”.

1.3. Only consumers of legal age may place an order. Parents are liable for their children.

1.4. We reserve the right to change the terms and conditions from time to time without notice. The version of the terms and conditions that applies to the consumer’s order is the version that was sent in the invoice email at the time the order was placed.

1.5. Medicross provides services exclusively on the basis of these General Terms and Conditions. Any conflicting terms and conditions of the Consumer shall not apply unless Medicross expressly agrees to their applicability in writing.

1.6. Individual agreements between Medicross and the Consumer take precedence over these General Terms and Conditions.

1.7. The procedures, methods or device models used by Medicross belong to the field of complementary medicine.

§ 2 Subject matter of the contract

2.1. Medicross tests submitted sample material from the consumer and provides the consumer with the test results in the form of PDF documents. In return, the consumer agrees to pay the fee for the respective test as well as optional additional services.

2.2. Furthermore, and only at the express request of the consumer, Medicross mediates orders for the production of individual nutritional formulas to our partner pharmacy. In this case, Medicross does not become a contractual partner of the Consumer.

2.2.a. Individual nutritional formulas are excluded from the right of withdrawal.

2.2.b. The shipping costs vary depending on the shipping country:
The cost for Switzerland is €12.50
The cost for Germany is €5.00.
Shipping within Austria is free of charge.

2.2.c. The partner pharmacy is responsible for invoicing with a payment term of up to 7 days.

2.3. Dan Group provides nutritional counseling (hereinafter referred to as Consultant) exclusively on the basis of these General Terms and Conditions. Conflicting terms and conditions of the customer shall not apply unless the consultant expressly agrees to their validity. The scope of services includes, within the framework of nutritional counseling, an individual telephone consultation on the client’s nutritional habits.

§ 3 Conclusion of contract

3.1. The Consumer orders one of the offered services on the website www.medicross.com by selecting it, going through the further ordering process and completing it by activating the button labeled “Buy Now”. The contract is concluded when Medicross sends the required documents and forms as well as the order confirmation by e-mail.

3.2. Payment for the service is made immediately after the conclusion of the contract by prepayment with a means of payment selected by the consumer.
The following payment methods are available to the consumer: Paypal, credit card, Sofortüberweisung, iDeal, Grio, Apple Pay, Google Pay. Payment for nutritional counseling is made prior to the consultation via bank transfer or PayPal.

3.3. By concluding the contract, the consumer assures the accuracy of the personal data within the ordering process. The consumer is responsible for the accuracy, completeness and timeliness of the information provided. If any information is untrue or incorrect, Medicross shall not be liable for any consequential damages.

3.4. With the conclusion of the contract, Medicross may assume that the consumer is aware of the necessary contract details, as well as the test execution. In this respect, no liability is assumed for damages resulting from ignorance on the part of the consumer.

3.5. Medicross gift cards or coupon codes are non-refundable and cannot be combined with any other discount promotions, cash back is not available. Misuse or multiple redemption of a gift card or coupon codes may result in criminal prosecution. Medicross gift cards or vouchers are valid for 2 years from the date of purchase.

3.6. If the consumer is in default of payment, Medicross reserves the right to charge reasonable reminder fees as damages for default. The consumer is permitted to prove that a lower loss or no loss at all has been incurred.

3.7. The consumer has the right to redeem the service within one year from the date of purchase. After that, the claim expires.

§ 4 Submission

4.1. After conclusion of the contract, the consumer receives a submission sheet as a PDF by e-mail for self-printing, on which information about the person, previous or parallel tests and the type of test purchased must be provided. No physical products such as test kits or similar are shipped to consumers for sustainability reasons. The EU consumer sends this submission form together with his sample material to Medicross in Germany to the following address:
Medicross
Heuriedweg 20
88131 Lindau (Bodensee)
Germany/Germany

Consumers from Switzerland and Liechtenstein and outside the EU to the following address:
Medicross
Herrengasse 30
9490 Vaduz
Liechtenstein

4.2. The effort as well as the costs around the shipment of the sample material to Medicross are borne by the consumer.

4.3. We recommend sending the sample material by registered mail to ensure tracking via a tracking number. If a speedy delivery by the shipping service provider is important to you, we recommend sending the sample by express.

4.4. When analyzing hair samples and interpreting the results, many special features must be taken into account compared to the analysis of other biological materials, due to the type (solid) and heterogeneity of the matrix, stability of analytes and possible influences during sample preparation. As the collection of a hair sample is non-invasive, it does not need to be taken by a doctor or healthcare professional.

4.5. The sample must be clearly and completely labeled.

4.6. If possible, the hair samples should be taken from the occipital protuberance and directly from the scalp in a suitable quantity, preferably from a strand of hair.

4.7. Ideally, the strand of hair should be secured with a thread before cutting to prevent the segments from shifting.

4.8. Alternatively, body hair (such as armpit, beard, pubic or chest hair) can also be removed.

4.9. A suitable form must be chosen for storage and shipping, such as filter paper as the primary packaging material in an envelope.

4.10. Hair samples must be properly transported at normal room temperature, dry and protected from light, and stored before or after testing. Cooling or freezing should be avoided to protect the material from moisture. Moisture and crystal formation can lead to decomposition of analytes and matrix.

§ 5 Test execution

5.1. The services provided by Medicross include the following obligations:
A. the sending of all necessary documents for carrying out the test (order confirmation, submission form, instructions, link to the questionnaire) by e-mail to the e-mail address provided by the consumer.
B. the receipt of the sample material and the analysis as part of the ordered service.
C. the creation of a result as a PDF document and sending it by e-mail, the professional destruction of the consumer’s sample material immediately after the analysis.

5.2. The consumer’s services include the following obligations:
A. payment of the agreed amount.
B. the correct completion of the questionnaire.
C. the submission of the sample material together with the submission form to Medicross.

5.3. In particular, the completion and submission of the questionnaire/sample material is the responsibility of the consumer. Medicross does not provide individual tracking and reminders to perform the service. The result will be sent to the e-mail address stored in the questionnaire or, in some circumstances, the order.

5.4. The Medicross service includes the analysis of the consumer’s submitted sample material with regard to certain parameters. A value is determined for each parameter.

5.5. A certified and registered device according to class IIa of the EU medical device regulation EN 13485 is used for the tests. The procedures, methods or device models used by Medicross belong to the field of complementary directions. Within the special therapy directions, our measurement procedure is recognized as a proven diagnostic method. In conventional medicine, on the other hand, our measurement method is not the subject of scientific research. The measurement procedure on which the test is based is not subject to complete reproducibility and is not recognized or certified by conventional medical authorities.

§ 6 Test results

6.1. Test results are provided in the form of PDF documents. The result contains approximate values and color visualizations. Consumers have the opportunity to view an example of a result before placing their order.
A. In the case of incompatibility tests, all parameters that have not reacted above a threshold value are hidden.
B. The intolerance test does NOT include testing for allergies. If the consumer is interested in testing for allergies, the use of an additional medical service is recommended.
C. The analysis of the micronutrients shows a requirement as a percentage value, which is to be understood as a guide value. It is expressly stated that these are not deficiency symptoms. If the consumer is interested in testing for deficiency symptoms, the use of a medical service is recommended.

6.2. The preparation and transmission of a result will be done by e-mail within up to 18 working days after Medicross has received the sample material.
The consumer is responsible for classifying Medicross as a trusted sender in their email program. If messages from Medicross are assigned to the spam folder, this is nevertheless considered as receipt of the test result.

6.3. If the client chooses the preferred express option of 8,90 Euro (gross), the agreed processing time is 3 working days from the arrival of the sample at Medicross.

§ 7 Individual nutrient formula

7.1. Based on the results of a micronutrient test, an individual nutrient formula can be produced for the consumer.

7.2. If a consumer orders an individual nutrient formula in capsule form, Medicross will forward this order, including the personal data necessary for the processing of the contract, to the partner pharmacy. The conclusion and execution of the contract shall take place between the partner pharmacy and the consumer.

§ 8 Warranty and liability

8.1. The consumer’s withdrawal period depends on his or her place of residence.

Consumers residing within the EU are entitled to the statutory 14-day right of withdrawal.
Consumers residing in the UK are entitled to the statutory 14-day right of withdrawal.
Consumers residing in the US and Canada have a right of withdrawal of 24 hours.
Consumers residing in Switzerland or Liechtenstein are entitled to the statutory 14-day right of withdrawal.

However, the right of withdrawal expires prematurely if the consumer requests the immediate commencement of the service or if the service has already been provided.
If the consumer cancels the contract beyond the provision of the service, the consumer owes compensation for the value of the service provided to date.

The value replacement generally corresponds to the pro rata remuneration for services already rendered in relation to the total scope of services provided for in the contract.
As soon as the consumer has sent his sample or Medicross has been delivered, the right of withdrawal expires prematurely.
Further information can be found in the Medicross withdrawal policy.

8.2. No liability is assumed for the postal route. If a shipment is lost/missing or cannot be located through the fault of the carrier, another sample may be sent for analysis after consultation with Medicross. For this purpose, reference is made to § 4/4.2. referred.

8.3. The Medicross result does not replace medical treatment or diagnosis by a physician. It is not a medical device. The consumer decides on his own responsibility about the use of test results.

8.4. Results from different forms of analysis, such as blood, feces, sputum, may diverge due to the different and complex methods used. It is not possible to compare or contrast different forms of analysis because the procedures are in different domains.

8.5. Medicross is not obligated to perform tests again using a previously submitted endogenous substance.

8.6. Medicross is liable for personal injury and financial loss only if such injury or loss was caused by a breach of duty on the part of Medicross and Medicross is responsible for the breach of duty. Medicross is not liable if there was contributory negligence on the part of the consumer in causing the damage.

8.7. The client can cancel or postpone the appointment for nutritional counseling free of charge up to 24 hours before the scheduled appointment. For further information, please refer to 9.5.

8.8. The Consultant shall be liable for personal injury and financial loss only if such injury or loss is caused by a breach of duty on the part of Dan Group and Dan Group is responsible for such breach of duty. Dan Group is not liable if there was contributory negligence on the part of the Customer in causing the damage. The information resulting from the nutritional advice is not a substitute for medical treatment or diagnosis by a physician/doctor. This is not medical advice. The customer decides on his own responsibility about the use of the information.

§ 9 Fees without revocation

9.1. If the payment method PayPal is selected, the consumer shall bear the Paypal administration fees in the amount of EUR 15.00 in the event of an unjustified claim to PayPal buyer protection.

9.2. If the consumer revokes the previously selected SEPA direct debit mandate, the consumer shall bear the return debit charges incurred in the amount of €20.67.

9.3. If the consumer makes an unlawful chargeback of the payment via STRIPE (credit card), a processing fee of €25 will be charged.

9.4. The costs for the reminder fees are as follows for the Eurozone:
1st reminder 5€.
2nd reminder 8€.
3rd reminder 12€.
4th reminder 15€.
In addition, there are fees of €60 for debt collection, as well as the individual fees of the debt collection company.
Fees for countries outside the eurozone are converted at the current exchange rate.
This applies to all fees mentioned.

9.5. In case of cancellation or postponement of the nutritional counseling appointment within 24 hours before the scheduled appointment, the consultant reserves the right to charge 50% of the counseling fee.

§ 10 Data protection

10.1. All tests are performed by Medicross itself.

10.2. Medicross will use data of the consumer for order processing and store it until the legal retention periods expire. For more information, see the information on data protection.

10.3. Medicross professionally destroys the consumer’s own body substance immediately after the test results have been generated, in the sense of data minimization.

10.4. The consumer is not permitted to publish or forward excerpts (direct or indirect quotes) from the communication traffic between the consumer and Medicross, unless the company has given its consent.
Within the scope of service provision by Medicross, personal information may be processed in accordance with the requirements of freedom of expression. Criminal acts are excluded from this.

10.5. The Consultant undertakes to treat all information and data of the Client as confidential and to use it only for the consulting services. The Consultant shall not disclose any personal data of the Client to third parties.

10.6. After your order, Medicross will send you a request through CusRev (an independent third-party organization) to evaluate your order. This request is revocable at any time, even before sending the email.

§ 11 Nutrition and fasting advice

11.1. The scope of services includes, within the framework of nutritional counseling, an individual telephone consultation on the client’s nutritional habits.

11.2. Consultation is based on the information provided by the customer during the consultation.

11.3. The consultant makes no promises of a cure. The customer is responsible for the implementation of the consulting results.

§ 12 Retention of title

All intellectual property rights, e.g. trademarks, remain with DAN Group GmbH or its licensees. The use of its content, including the copying and saving of content in whole or in part, except for personal, non-commercial purposes, is not permitted without the permission of Medicross.

§ 13 Final provisions

13.1 The contract shall remain effective in its remaining parts even if individual clauses are legally invalid.

13.2. The law of Liechtenstein shall apply to all legal relationships between the parties.

13.3. The place of jurisdiction is the registered office of Dan Group GmbH – Medicross, unless consumers residing in the European Union have the statutory right to bring an action in their place of residence in the event of a dispute.

Vaduz, 02.02.2024

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