Terms & conditions | De Tester B.V.

ARTICLE 1. | DEFINITIONS

De Tester: the private limited liability company De Tester B.V., the user of these general terms and conditions, established at Herengracht 178, 1016 BR Amsterdam, registered in the Trade Register under Chamber of Commerce number 83040153.
Customer: any natural or legal person who has entered into or intends to enter into an Agreement with De Tester.
Consumer: a Customer who is a natural person and who is not acting for purposes related to their trade, business, or profession.
Parties: De Tester and the Customer collectively.
Agreement: any agreement between the Parties under which De Tester is obligated to deliver Products to the Customer, which may also include conducting research through the Laboratory.
Distance Agreement: an Agreement concluded between De Tester and a Consumer within the framework of an organized system for remote sales without the simultaneous physical presence of De Tester and the Consumer. The Agreement is concluded using one or more means of remote communication up to and including the moment the Agreement is concluded, including but not limited to an Agreement established by a Consumer through one of De Tester’s online stores. An Agreement does not qualify as a Distance Agreement if De Tester does not utilize an organized system for concluding contracts remotely, such as when the Consumer searches for De Tester's contact details online and concludes an Agreement by phone or email.
Products: the goods that De Tester sells and delivers to the Customer under an Agreement, including but not limited to diagnostic self-tests and laboratory test kits, as well as health equipment such as blood pressure and cholesterol monitors.
Laboratory: the laboratory partnered with De Tester that analyzes samples of certain bodily substances submitted in response to test kits provided by De Tester, after which the individual is informed of the results of the analysis.
In Writing: communication in writing, via email, or any other form of communication that, given the state of technology and prevailing social standards, can be deemed equivalent to written communication.

ARTICLE 2. | GENERAL PROVISIONS

These general terms and conditions apply to every offer made by De Tester and to every Agreement where De Tester has declared these general terms and conditions applicable, as well as to all resulting legal relationships between the Parties.
The applicability of any general terms and conditions of the Customer is expressly rejected.
Deviations from these general terms and conditions may only be made explicitly and in Writing. If and to the extent that what the Parties have explicitly and in Writing agreed upon deviates from the provisions of these general terms and conditions, the explicitly agreed-upon provisions shall prevail.
The invalidity or annulment of one or more provisions of these general terms and conditions or the Agreement as a whole does not affect the validity of the remaining provisions. In such a case, the Parties are required to consult each other to establish a substitute arrangement for the affected provision, maintaining the original intent and scope as much as possible.

ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT

Every offer made by De Tester is non-binding and subject to the sufficient availability of the offered Products. If a Product is temporarily unavailable, De Tester will inform the Customer as soon as possible. In such a case, the Customer has the option to wait until the Product becomes available. If the Customer does not respond or indicates that they do not wish to wait, De Tester has the right to cancel the Agreement, in which case any payment already made by the Customer will be refunded within thirty days.
Obvious errors, mistakes, and typographical errors in an offer from De Tester are not binding on De Tester.
Each Agreement is concluded, without prejudice to paragraph 1, at the moment the Customer accepts De Tester’s offer in the manner specified by De Tester. If the Customer's acceptance deviates from De Tester’s offer, the Agreement is not concluded in accordance with the deviating acceptance unless De Tester states otherwise. If the Agreement is concluded electronically, De Tester will confirm the formation of the Agreement by email as soon as possible, without prejudice to paragraph 1.
If De Tester provides the Customer with a Written confirmation of an orally concluded Agreement, this confirmation shall be deemed to accurately and completely reflect the Agreement unless the Customer submits a Written, substantiated objection within two business days of receiving the confirmation.

ARTICLE 4. | RIGHT OF WITHDRAWAL FOR DISTANCE AGREEMENTS

Subject to the provisions of the following paragraph, the Consumer may withdraw from a Distance Agreement within 14 days after the Products have been received by or on behalf of the Consumer, without providing any reason.
The Consumer has no right of withdrawal in the following cases:
a) The delivery of Products that are not suitable for return for reasons of health protection or hygiene and whose seal or direct packaging has been broken after delivery. Opened self-tests and laboratory test kits cannot be returned.
b) An Agreement for which the right of withdrawal is otherwise excluded or does not apply under Section 6.5.2B of the Dutch Civil Code. These exclusion grounds do not apply to De Tester’s current product offering, but if they become relevant in the future, the applicable exclusion ground will be explicitly stated in the offer for the respective Product.
The Consumer may withdraw from the Distance Agreement by submitting a request via email or by using the withdrawal form provided by De Tester. As soon as De Tester is informed of the Consumer's intention to withdraw from the Distance Agreement and the conditions of this article are met, De Tester will confirm the withdrawal by email.
The Consumer must handle the Products and their packaging with care during the withdrawal period referred to in paragraph 1. The Consumer may only use and inspect the Products to the extent necessary to assess their nature and characteristics. The guiding principle is that the Consumer may handle and inspect the Products only as they would in a physical store.
If the Consumer exercises the right of withdrawal, they must return the Products to De Tester in an undamaged state, including all accessories provided, and in the original condition and packaging.
The Consumer is liable for any depreciation in the value of returned Products resulting from handling that exceeds what is permitted under paragraph 4. De Tester has the right to charge this depreciation to the Consumer, either by direct invoice or by deducting it from any refund due. If the depreciation is so significant that the Products can no longer be reasonably resold, the Consumer remains liable for the full purchase price.
The return of Products must take place within 14 days after the Consumer has exercised the right of withdrawal in accordance with paragraph 3.
If the Consumer exercises the right of withdrawal, the return shipping costs are borne by the Consumer.
De Tester will refund any payment received from the Consumer, minus any depreciation, as soon as possible, but no later than 14 days after the withdrawal from the Distance Agreement, provided that De Tester has received the Products back or the Consumer has provided evidence that the Products have indeed been returned. If the withdrawal only applies to part of the order, any shipping costs initially paid by the Consumer will not be refunded.
Refunds will be made using the same payment method that the Consumer used for the original purchase.

ARTICLE 5. | CANCELLATION BY THE CUSTOMER OTHER THAN UNDER ARTICLE 4

If the Customer cancels the Agreement after it has been concluded, other than under Article 4, the Customer remains liable for the full agreed price and any delivery costs already incurred.

ARTICLE 6. | DELIVERY AND DELIVERY TERMS

Delivery of the Products takes place by shipment to the delivery address provided by the Customer.
De Tester reserves the right to deliver orders consisting of multiple Products in separate shipments. In such cases, the withdrawal period for the Consumer under Article 4 does not begin until the final installment of the order has been received by or on behalf of the Customer.
The risk of loss or damage to the Products passes to the Customer at the moment the Products are received by or on behalf of the Customer.
De Tester aims to dispatch an order placed before 12:00 PM on a business day on the same day. For orders placed between Friday at 12:00 PM and Monday at 12:00 PM, De Tester will endeavor to dispatch them on Monday. If the Customer is a Consumer and no explicit delivery period has been agreed upon, De Tester is legally required to deliver within 30 days of concluding the Agreement. If the Customer is not a Consumer and no explicit delivery term has been agreed upon, delivery must occur within a reasonable period. This latter period, as well as any expressly agreed delivery period, is an indicative, non-fatal term. If De Tester does not deliver within 30 days or the agreed delivery period, De Tester is only in default if the Customer sends a Written notice of default, granting De Tester a reasonable period to fulfill delivery, and De Tester still fails to deliver within that period.
Default by De Tester entitles the Customer to terminate only that part of the Agreement affected by the default but never to claim substitute or additional compensation.
If De Tester incurs additional costs due to a circumstance attributable to the Customer, such as multiple delivery attempts, these costs will be charged to the Customer.

ARTICLE 7. | LABORATORY TESTS AND LABORATORY ANALYSIS

The provisions of this article apply to test kits supplied by De Tester that are intended for the collection of bodily substance samples to be analyzed by the Laboratory.
The test kit includes instructions for collecting the sample, registering the laboratory test, and sending the sample to the Laboratory. The sample can be sent free of charge using the prepaid return envelope provided.
Before sending the sample to the Laboratory, the individual must register the laboratory test in accordance with the instructions provided with the test kit. The individual can register via "The Tester-App" or another registration method specified by De Tester.
The results of the laboratory test are typically shared with the individual within two business days after the Laboratory receives the sample. This period is indicative and not a strict deadline. The test results are shared via "The Tester-App" or the individual's account on De Tester's website.

ARTICLE 8. | SPECIAL PROVISIONS FOR SELF-TESTS AND LABORATORY TESTS

De Tester and, where applicable, the Laboratory strive to provide reliable and accurate test results. However, the Customer acknowledges that neither self-tests nor laboratory tests can ever guarantee 100% accuracy or completeness of the results. The reliability of the test results depends on several factors, including:
a) The correct execution of the instructions by the individual when collecting, handling, and sending the sample.
b) The quality of the collected sample, which can vary due to personal or external factors.
c) The nature of the test, which represents only a snapshot and does not guarantee future or past health statuses.
The provided test results are for informational purposes only and do not constitute medical advice or diagnosis. It is strongly recommended that individuals consult a doctor or medical specialist in case of doubt or health concerns.
De Tester is not liable for any damage, direct or indirect, resulting from incorrect, incomplete, or misinterpreted test results, nor for any consequential damages arising from decisions made by the individual based on the test results. The individual remains solely responsible for interpreting the results and deciding on any follow-up actions.
The individual is responsible for carefully following the provided instructions and correctly using the self-test or laboratory test kit. De Tester, without prejudice to the previous clauses of this article, is not liable for deviating or incorrect results caused by improper use, incomplete sample collection, or external influences beyond De Tester’s control.
De Tester is not a healthcare provider and does not offer medical treatment within the meaning of the Dutch Medical Treatment Agreement Act (WGBO). De Tester supplies self-tests and laboratory tests but does not provide personal medical advice or treatment. The individual performs the test independently or sends the sample to the Laboratory for analysis without direct medical supervision from De Tester. The provided tests and test results are for informational purposes only and do not constitute medical advice, diagnosis, or treatment. The individual remains responsible for interpreting the results and any follow-up actions, including consulting a doctor or medical specialist. De Tester accepts no liability for decisions made by the individual based on the test results.

ARTICLE 9. | INSPECTION, COMPLAINTS, WARRANTY, AND CONFORMITY

Upon delivery, or immediately thereafter, the Customer must inspect whether the nature and quantity of the Products conform to the Agreement. If the Customer believes that the nature and/or quantity of the Products do not conform to the Agreement, they must immediately notify De Tester.
Complaints regarding defects that were not reasonably detectable at the time of delivery must be submitted in writing to De Tester within five days after the Customer becomes aware of the defect or should have reasonably become aware of it.
Notwithstanding the preceding clauses of this article, a Consumer can no longer claim that a delivered Product in a consumer purchase does not conform to the Agreement if they have not filed a complaint with De Tester within two months of discovering the defect.
If the Customer fails to submit a timely complaint in accordance with the previous clauses, De Tester is under no obligation to act upon such a complaint.
Even if the Customer submits a timely complaint, their obligation to make timely payment to De Tester remains, unless the law explicitly states otherwise for the benefit of the Consumer.
Warranty on the Products applies only if explicitly agreed upon in writing. The foregoing does not affect the legally binding rights and claims that Consumers may assert under consumer purchase laws (conformity).
De Tester is not liable (whether under warranty, non-conformity, or otherwise) for defects in the Products resulting from external causes after delivery or circumstances beyond the control of De Tester or its supplier. This includes, but is not limited to, defects due to external damage, natural wear and tear, improper handling or use, and modifications to the Products, including unauthorized repairs.
If a consumer purchase between the Customer (acting as a professional reseller) and a Consumer involves a Product that does not possess the properties that the Consumer could reasonably expect, and the Customer is not responsible for this defect, and the Consumer has exercised their legal rights against the Customer, then the Customer is entitled to compensation from De Tester. This right to compensation does not apply if the defect relates to circumstances that the Customer knew or should have known about or if the defect arose after the Product was delivered to them. Additionally, if the Product lacks a feature that the Customer claimed it possessed, the Customer’s claim for compensation is limited to what they could have claimed had they not made such a claim. Defense costs against the Consumer will only be reimbursed if they were reasonably incurred. The Customer also has no right to compensation if they knew or should have known about the defect and/or assured the Consumer of its absence.

ARTICLE 10. | FORCE MAJEURE

De Tester is not obliged to fulfill any obligation under the Agreement if prevented by a circumstance that, under the law, a legal act, or prevailing social norms, cannot be attributed to De Tester (force majeure). In addition to statutory definitions, force majeure includes all external causes beyond De Tester’s control that make execution of the Agreement impossible or unreasonably difficult, including epidemics, pandemics, fire, government measures, transportation restrictions, war or war threats, violent or armed actions, communication or equipment failures at De Tester or third parties.
If and to the extent that the force majeure situation permanently prevents fulfillment of the Agreement, both Parties are entitled to immediately terminate the Agreement.
If De Tester has already partially fulfilled its obligations at the onset of the force majeure situation or can only partially fulfill its obligations, De Tester is entitled to charge separately for the already completed portion or the portion still to be completed, as if it were a standalone Agreement.
Damages resulting from force majeure are never eligible for compensation, without prejudice to the previous clause.

ARTICLE 11. | SUSPENSION AND TERMINATION

De Tester is entitled to suspend further execution of the Agreement if and as long as the Customer fails to meet any due (payment) obligations arising from the Agreement (including these general terms and conditions).
De Tester is entitled to terminate the Agreement immediately, in whole or in part, if the Customer fails to fulfill their obligations under the Agreement, whether fully or partially. If fulfillment is not permanently impossible, termination will only take effect after De Tester has given the Customer written notice of default, granting a reasonable period for fulfillment, and the Customer still fails to comply. This does not apply if De Tester has reasonable grounds to assume that the Customer will permanently fail to comply, in which case a notice of default is unnecessary.
The previous two clauses do not apply if the Customer's failure is minor or insignificant, making suspension or termination unreasonable.
Unless the Customer has already fulfilled their (future) payment obligations to De Tester, De Tester is entitled to immediately terminate the Agreement, in whole or in part, if the Customer is declared bankrupt, has their assets seized, or otherwise loses free control over their assets.
De Tester is also entitled to terminate the Agreement if circumstances arise that make fulfillment of the Agreement impossible or continued adherence to it unreasonable.
The Customer is never entitled to any compensation due to De Tester exercising its right to suspend or terminate the Agreement.
If the circumstances leading to suspension or termination are attributable to the Customer (except for cases under clause 5), De Tester is entitled to compensation for damages incurred.
If De Tester terminates the Agreement under this article, any outstanding claims against the Customer become immediately due.

ARTICLE 12. | PRICES, DELIVERY COSTS, AND PAYMENTS

Delivery costs are additional and payable by the Customer unless explicitly agreed otherwise in writing. In deviation from the previous sentence, before a Distance Agreement is concluded with a Consumer, the total price, including any delivery costs, will be stated.
Prices in De Tester’s offers are exclusive of VAT unless explicitly stated otherwise or unless the Customer is a Consumer, in which case the prices stated include VAT.
Payment must be made in a manner specified by De Tester, at the moment or within the term specified by De Tester. In case of advance payment, De Tester is not obliged to deliver before the advance payment has been received.
Payments must be made without suspension or set-off, unless the law explicitly states otherwise for the benefit of the Consumer.
De Tester is entitled to provide the Customer with the invoice exclusively via email.
If the Customer liquidates their business or transfers it to a third party, is declared bankrupt, applies for (provisional) suspension of payment, has their assets seized, or otherwise loses free control over their assets, all claims against the Customer become immediately due and payable.
If timely payment is not made, the Customer is automatically in default. From the day the Customer is in default, they owe interest of 2% per month on the outstanding amount, with part of a month being counted as a full month. In deviation from the previous sentence, the statutory interest rate applicable at the time of default shall apply if the Customer is a Consumer.
All reasonable costs incurred to recover amounts due from the Customer, including judicial, extrajudicial, and enforcement costs, shall be borne by the Customer.

ARTICLE 13. | LIABILITY AND INDEMNIFICATION IN GENERAL

The Customer is responsible for damages resulting from inaccuracies or omissions in the information provided by them, any other failure to meet their contractual or legal obligations, or any other circumstance not attributable to De Tester. Damages arising from such circumstances do not entitle the Customer to compensation or any other remedy from De Tester.
De Tester is not liable for indirect damages, consequential damages, lost profits, missed savings, diminished goodwill, business interruptions, data loss or corruption, or any other form of damage beyond what is explicitly covered in the following clause.
The limitations of De Tester’s liability stated in these general terms and conditions do not apply in cases where the damage is due to intent or deliberate recklessness by De Tester or its executive employees. De Tester is only liable for direct damages that are demonstrably attributable to it. Direct damages are strictly defined as:
a) Reasonable costs incurred to determine the cause and extent of the damage, insofar as this determination relates to damages covered by these terms and conditions.
b) Reasonable costs necessary to ensure De Tester’s performance meets the Agreement.
c) Reasonable costs incurred to prevent or limit damage, provided the Customer can demonstrate that these costs actually resulted in limiting direct damage as referred to in these terms and conditions.
If, despite the previous clauses, De Tester is found liable, its liability is limited to either repairing or replacing the relevant Product. If repair or replacement is impossible or demonstrably futile, De Tester’s liability is limited to an amount equal to the invoice value of the relevant Agreement, or the portion of the Agreement to which the liability applies. In any case, De Tester’s liability will never exceed the actual amount paid by its liability insurance, plus any applicable deductible.
Without prejudice to the limitation periods stated in Article 9, all legal claims against De Tester expire after one year. In deviation from the previous sentence, legal claims available to Consumers regarding the conformity of a consumer purchase expire after two years.
In consumer purchases, the limitations in this article do not extend beyond what is permitted under Article 7:24(2) of the Dutch Civil Code.
The Customer indemnifies De Tester against any claims by third parties that suffer damages related to the execution of the Agreement and where the cause is attributable to a party other than De Tester. If De Tester is sued by third parties, the Customer must fully indemnify and assist De Tester both legally and extra-legally. If the Customer fails to take adequate measures, De Tester is entitled, without notice of default, to take necessary action at the Customer’s expense.

ARTICLE 14. | GENERAL COMPLAINT POLICY

Complaints submitted to De Tester will be responded to within seven days of receipt. If a complaint requires a longer processing time, De Tester will send an acknowledgment within seven days with an estimate of when a more detailed response can be expected.
If a Consumer's complaint regarding a Distance Agreement cannot be resolved through mutual consultation, the Consumer may submit the dispute to the dispute resolution committee via the ODR platform (europa.eu/consumers/odr/).

ARTICLE 15. | RETENTION OF TITLE

All Products delivered by De Tester remain its property until the Customer has fully met their payment obligations under the relevant Agreement.
The Customer is prohibited from selling, pledging, or otherwise encumbering the Products subject to retention of title.
The Customer must store the Products subject to retention of title with due care and clearly mark them as De Tester’s property.
If third parties seize the Products subject to De Tester’s retention of title, or seek to establish rights over them, the Customer must notify De Tester immediately.
If the Customer violates this article, all outstanding payments to De Tester become immediately due and payable.
The Customer unconditionally authorizes De Tester or its representatives to enter any location where the retained Products are kept. The Customer must provide De Tester with all necessary information to exercise its ownership rights. Any reasonable costs associated with exercising these rights shall be borne by the Customer.
If the Customer fulfills their payment obligations but later defaults on another Agreement, the retention of title revives regarding these Products.

ARTICLE 16. | SAFETY MEASURES AND PRODUCT RECALLS

The Customer must fully cooperate with any safety warnings, safety checks, and Product replacements initiated by De Tester. The Customer must immediately comply with any Product recalls initiated by De Tester, where reasonably expected.
Any damages or costs incurred by the Customer in connection with this article will be compensated by De Tester up to a maximum of the original invoice value of the affected Products. The Customer’s lost revenue or profit is not eligible for compensation.

ARTICLE 17. | CERTIFICATIONS, INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All rights, including intellectual property rights, related to the Products delivered by De Tester belong exclusively to De Tester or its licensors. Delivering Products to the Customer does not grant the Customer any rights regarding these properties.
Without prior written permission from De Tester, the Customer may not copy, store, publish, reproduce, or otherwise use any text and/or images from De Tester’s website.
The Customer is not permitted to remove or alter any trademarks, trade names, CE markings, patents, or other rights associated with the Products delivered by De Tester.
The Customer may not remove, obscure, or render unreadable any identification marks applied to the Products.

ARTICLE 18. | FINAL PROVISIONS

Dutch law exclusively governs every Agreement and all resulting legal relationships between the Parties.
Parties must make every reasonable effort to settle disputes amicably before resorting to legal action.
The competent court in Amsterdam has exclusive jurisdiction over disputes, unless De Tester chooses another competent court under the law. A Consumer has the right to select the legally competent court within one month after De Tester has announced its chosen court.
If these general terms and conditions are available in multiple languages, the Dutch version always prevails for interpretation.

Terms & conditions | De Tester B.V.

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