Terms and Conditions

Foreword

Here you can find our General Terms and Conditions of DAN Group GmbH, Herrengasse 30, 9490 Vaduz, Liechtenstein as well as the brand Medicross and Medicross.

Table of Contents

1. General
2. Subject of Contract
3. Conclusion of Contract
4. Submission
5. Test Execution
6. Test Results
7. Nutrient Formula
8. Warranty and Liability
9. Fees Without Cancellation
10. Assignment
11. Privacy Policy
12. Nutritional and Fasting Consultation
13. Retention of Title
14. Final Provisions

If you believe it is a medical emergency, call your doctor or emergency number immediately. Our tests do not replace a medical diagnosis by a doctor or health practitioner and are not a substitute for medical treatment. Diagnoses may only be made by doctors. None of the information should be understood as a promise of success or healing. All product images and illustrations serve as symbolic images.

• 1 General

1.1. Dan Group GmbH, based at Herrengasse 30, 9490 Vaduz Liechtenstein, is an entrepreneur as defined in Art. 1 Para. 1 Letter a of the Consumer Protection Act

– hereinafter referred to as “Medicross”. Medicross is a registered word mark of DAN Group GmbH.

1.2. The customer is a consumer as defined in Art. 1 Letter b of the Consumer Protection Act

– hereinafter referred to as “consumer or consumers”.

1.3. Only consumers of legal age may place orders. 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 valid for the consumer’s order is the one that was sent with the invoice email at the time of the order.

1.5. Medicross provides services exclusively on the basis of these General Terms and Conditions. Conflicting terms and conditions of the consumer do not apply unless Medicross expressly agrees to their validity in writing.

1.6. Individual agreements between Medicross and the consumer take precedence over these General Terms and Conditions and must be in writing.

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

1.8. Medicross exclusively offers services based on complementary and alternative methods. These do not replace in-vitro diagnostics or a medical diagnosis by a conventional medical laboratory or a doctor. All test results do not represent promises of healing or efficacy and are not intended for the detection, treatment, cure or prevention of diseases. Medicross expressly points out that the test procedures are not scientifically recognized in terms of conventional medicine and are not in-vitro diagnostics. Decisions about the use of the test results are solely the responsibility of the consumer.

• 2 Subject of Contract

2.1. Upon conclusion of the contract, the consumer receives a link to the submission form as a PDF document by email. This form represents an essential and digital component of the agreed service. The provision of services by Medicross begins with the email sent, in which the download of the form is possible.

The consumer was explicitly informed before concluding the contract that by downloading the sample submission form, which is considered digital content, the right of withdrawal according to Art. 16 lit. m of the EU Consumer Rights Directive is forfeited. By downloading the form, the consumer declares that they waive their right of withdrawal.

In accordance with § 8, Medicross tests the submitted sample material of the consumer and provides the test results in PDF format. The test results are sent exclusively to the email address provided by the consumer.

The consumer agrees to pay the agreed amount for the testing service as well as for any optional additional services booked. The amount is due according to the terms specified in the contract or order.

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

2.2.a. Individual nutrient formulas are always excluded from the right of withdrawal because they cannot be sold elsewhere due to their individuality. More information can be found in § 7.

2.2.b. Shipping costs vary depending on the country of delivery:

Switzerland: €12.50

The cost for Germany is €5.00.

Austria: Free shipping

2.2.c. Billing is handled by the partner pharmacy with a payment term of up to 7 days.

2.3. The Dan Group provides nutritional or fasting consultation (hereinafter referred to as consultant) exclusively on the basis of these General Terms and Conditions. Conflicting terms and conditions of the consumer do not apply unless the consultant expressly agrees to their validity. The scope of services includes, as part of the nutritional consultation, an individual telephone consultation on the consumer’s eating 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 email.

3.2. Payment for the service is made immediately after conclusion of the contract by advance payment using a payment method selected by the consumer.

The consumer can choose from the following payment methods: PayPal, credit card, Sofortüberweisung, iDeal, Giro, Apple Pay, Google Pay. Payment for nutritional consultation is made before the consultation via bank transfer or PayPal.

3.3. Upon concluding the contract, the consumer affirms the accuracy of the personal information provided during the ordering process. The consumer bears the duty of care for the correctness, completeness, and currentness of the provided information. If information does not correspond to the truth or is incorrect, Medicross assumes no liability for any consequential damages.

3.4. Upon conclusion of the contract, Medicross may assume that the consumer is aware of the necessary contract details and the test procedure. No liability is assumed for damages resulting from the consumer’s lack of knowledge in this regard.

3.5. Medicross gift cards or voucher codes are non-refundable and cannot be combined with other discount promotions; cash redemption is not possible. Fraudulent or multiple redemptions of a gift card or voucher code may be subject to 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 appropriate reminder fees as damages for delay. The consumer is permitted to prove that lower or no damages have occurred.

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 concluding the contract, the consumer receives a submission form as a PDF via email for self-printing, on which information about the person, previous or parallel tests, and the type of test purchased must be provided. For sustainability reasons, no physical products such as test kits or similar items are sent to the consumer. The EU consumer sends this submission form together with their sample material to Medicross in Germany at the following address:

Medicross

Heuriedweg 20

88131 Lindau (Lake Constance)

Deutschland/Germany

Consumers from Switzerland, Liechtenstein, and outside the EU should send their samples to the following address:

Medicross

Herrengasse 30

9490 Vaduz

Liechtenstein

4.2. The effort and costs associated with sending the sample material to Medicross are borne by the consumer.

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

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

4.5. The sample must be clearly and completely labeled.

4.6. Hair samples should be taken as close to the scalp as possible from the occipital protuberance, in an appropriate amount, preferably from a single strand of hair.

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

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

4.9. An appropriate form must be chosen for storage and shipping, such as filter paper as 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 and after examination. 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 Procedure

5.1. The services provided by Medicross include the following obligations:

1. Sending all necessary documents for the test procedure (order confirmation, submission form, instructions, link to the questionnaire) via email to the email address provided by the consumer.
2. Receiving the sample material and analyzing it within the scope of the ordered service.
3. Creating a result as a PDF document and sending it via email, as well as the proper destruction of the consumer’s sample material immediately after analysis.

5.2. The consumer’s services include the following obligations:

1. Payment of the agreed amount.
2. Correctly completing the questionnaire.
3. Sending the sample material along with the submission form to Medicross.

5.3. In particular, filling out and sending the questionnaire/sample material is the responsibility of the consumer. Medicross does not perform individual follow-ups or reminders to carry out the service. The result will be sent to the email address provided in the questionnaire or, if applicable, the order.

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

5.5. The procedures, methods, and device models used by Medicross belong to the field of complementary approaches. Within the special therapeutic directions, our measurement procedure is recognized as a proven diagnostic method. In conventional medicine, however, our measurement method is not the subject of scientific research. The measurement procedure underlying the testing 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 a sample result before placing their order.

1. In intolerance tests, all parameters that have not reacted beyond a threshold value are hidden.
2. The intolerance test does NOT include testing for allergies. If the consumer is concerned about testing for allergies, it is recommended to seek additional medical services.
3. The analysis of micronutrients shows a need as a percentage value in the result, which is to be understood as a guideline. It is expressly pointed out that these are not deficiency symptoms. If the consumer is concerned about testing for deficiency symptoms, it is recommended to seek medical services.

6.2. The creation and transmission of a result is done by email within up to 18 working days after the receipt of the sample material at Medicross.

The consumer is responsible for classifying Medicross as a trusted sender in their email program. If Medicross messages are placed in the spam folder, this still counts as receipt of the test result.

6.3. If the consumer chooses the preferred Express Rush option for €8.90 (gross), the agreed processing time is 3 working days from the arrival of the sample at Medicross.

6.4. Medicross reserves the right to delete the evaluations 12 months after sending. The consumer is advised that they must save their personal evaluations themselves.
Medicross is not liable for the loss of evaluations.

• 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 forwards this order, including the personal data necessary for contract processing, to the partner pharmacy. Contract conclusion and processing take place between the partner pharmacy and the consumer.

• 8 Warranty and Liability

8.1. The consumer’s withdrawal period depends on their respective 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 with residence in the US and Canada have a 14-day right of withdrawal.
Consumers residing in Switzerland or Liechtenstein are entitled to the statutory 14-day right of withdrawal.
The withdrawal period for countries not mentioned is based on the legally prescribed withdrawal period.
If none is available, consumers have a right of withdrawal of 24 hours.

To exercise the right of withdrawal, the withdrawal must be declared to Medicross. The declaration must clearly state that the contract is being revoked.

The withdrawal period begins upon contract conclusion. To meet the deadline, it is sufficient to send the withdrawal notice before the withdrawal period expires. The withdrawal must be declared in writing via letter or email.
It is not valid to notify via the telephone service.

For further information, please refer to the cancellation policy.

1. However, the right of withdrawal expires prematurely if the consumer requests the immediate start of the service or if the service has already been provided.

1. If the consumer withdraws from the contract beyond the provision of the service, the consumer owes compensation for the service provided so far.

1. The consumer explicitly agrees that the right of withdrawal expires prematurely upon downloading the submission form.

The compensation generally corresponds to the proportionate remuneration for services already rendered in relation to the total scope of services provided for in the contract.
Once the consumer has sent their sample or it has been delivered to Medicross, the right of withdrawal expires prematurely.
Further details can be found in Medicross’s withdrawal policy.

8.2. No liability is assumed for postal delivery. If a shipment is lost/misplaced or can no longer be found due to the fault of the transport company, another sample can be sent for analysis after consultation with Medicross. For this, please refer to § 4/4.2.

8.3. The result from Medicross does not replace medical treatment or diagnosis by a doctor. It is not a medical product. The consumer decides on their own responsibility about the use of test results.

8.4. Results of different forms of analysis, such as blood, stool, sputum,

cannot be carried out or exchanged against each other, as the procedures operate in different areas.

8.5. Medicross is not obliged to repeat tests based on an already submitted bodily substance.

8.6. Medicross is only liable for personal injury and property damage if these were caused by a breach of duty by Medicross and if Medicross is responsible for this breach of duty. Medicross is not liable if the consumer was partially at fault in the occurrence of damage.

8.7. The consumer can cancel or reschedule the appointment for nutritional counseling free of charge up to 24 hours before the agreed appointment. For more information, please refer to 9.5.

8.8. The consultant is only liable for personal injury and property damage if these were caused by a breach of duty by Dan Group and Dan Group is responsible for the breach of duty. Dan Group is not liable if contributory negligence of the consumer was present in the occurrence of damage. The information resulting from the nutritional consultation does not replace medical treatment or diagnosis by a doctor. It is not medical advice. The consumer decides on their own responsibility about the use of the information.

8.9. The telephone service is only available for general information and inquiries, but not for cancellations or similar matters. These always require written form.

The telephone service is not liable for its erroneous statements.
It is generally recommended to send inquiries by email to [email protected].

8.10. Medicross assumes no liability for the technical requirements of the consumer to download the submission form, the evaluation, or similar. The consumer expressly agrees that this is their own responsibility. Should complications arise, the consumer can contact customer service ([email protected]) by email to find a joint solution.

• 9 Fees Without Cancellation

9.1. If PayPal is chosen as the payment method, the consumer bears the incurred PayPal administrative fees of 15.00 euros in case of unjustified use of PayPal buyer protection.

9.2. If the consumer revokes the previously chosen SEPA direct debit mandate, the consumer bears the incurred return debit fees of 20.67€.

9.3. If the consumer makes an unauthorized reversal of payment via STRIPE (credit card), a processing fee of 25€ will be incurred.

9.4. The costs for reminder fees for the Eurozone are as follows:
1st reminder: €5

2. Reminder 8€.
3. Reminder 12€.
4. Reminder 15€.

For further information, please refer to § 10.

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

• 10 Assignment

10.1. Medicross reserves the right to assign all claims.

10.2. In such cases, the collection agency receives all necessary personal data from Medicross that are required to collect a claim.
For the collection of claims, personal data such as name, address, telephone and/or

Medicross will only share this data with the collection agency if it is necessary and required.

If needed, the collection agency may use this data to contact the consumer.

10.3. Additionally, fees of 60€ for the collection, as well as the individual fees of the collection agency, will be incurred.

The fees for countries outside the Eurozone will be converted at the respective daily exchange rate.

This applies to all mentioned fees, see § 9.4.

10.4. According to Art. 17 Para. 1 GDPR, the data will be deleted when they are no longer necessary for the collection case.

• 11 Data Protection

11.1. All tests are conducted by Medicross itself.

11.2. Medicross will use the consumer’s data for order processing and store it until the expiry of the statutory retention periods. Further information is contained in the privacy policy.

11.3. Medicross professionally destroys the consumer’s bodily substance immediately after creating the test results in the sense of data minimization.

11.4. The consumer is not permitted to publish or forward excerpts (direct or indirect quotes) from the communication between the consumer and Medicross unless the company has agreed.

As part of Medicross’s service provision, personal information may be processed in accordance with freedom of expression laws. Criminal offenses are excluded from this provision.

11.5. The consultant undertakes to treat all information and data of the customer confidentially and to use it only for consulting services. The consultant does not pass on any personal data of the consumer to third parties.

11.6. After the order, Medicross sends a request via CusRev (an independent third-party organization) to rate the order. This request can be revoked at any time, even before the email is sent.

11.7. Further information on the processing of personal data can be found on the Medicross website under Privacy Policy and can be accessed.

• 12 Nutrition and Fasting Consultation

12.1. The scope of services includes, as part of the consultation, an individual telephone consultation on the consumer’s eating habits.

12.2. The consultation is based on the information provided by the consumer during the consultation.

12.3. The consultant does not make any promises of healing. The customer is responsible for implementing the consultation results.

• 13 Retention of Title

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

• 14 Final Provisions

14.1The contract remains valid in its other parts even if individual clauses are legally invalid.

14.2. The law of Liechtenstein applies to all legal relationships between the parties.

14.3. The place of jurisdiction is the registered office of Dan Group GmbH – Medicross, unless consumers residing in the European Union have the legal right to file a lawsuit at their place of residence in the event of legal disputes.

14.4. Additionally, the consumer waives the right to participate in class action lawsuits.

Vaduz, 07.01.2025