GENERAL TERMS AND CONDITIONS OF TELEMEDICUM GMBH, AS OF SEPTEMBER 2021


§ 1 Scope & Consumer Information

(1) These General Terms and Conditions (hereinafter: "GTC") apply in the version valid at the time of the order to all contracts for the purchase of an authorisation for video monitoring and certifications of antigen tests for direct pathogen detection of the coronavirus SARS-CoV-2 for self-testing (hereinafter: "rapid tests") and other deliveries and services of Telemedicum GmbH, Gerhofstraße 10-12, 20354 Hamburg, telephone no. 040 / 356740040, Managing Directors: Ulf Völkel, Dr. Susanne Hoischen, which are offered to customers via the website testifly.de (hereinafter: "Web-Shop"). Deviating terms and conditions of the customers do not apply unless the provider has confirmed this expressly and in writing. (2) The business relations between the shop and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. (3) The place of jurisdiction is the registered office of the shop, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. (4) Agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these GTC. (5) The contract language is German. The text of the contract is stored by the shop after the conclusion of the contract, but is not directly accessible to the customer for security reasons. However, the customer can print out his order data immediately after sending the order. The data of the individual order as well as the general terms and conditions are also sent to the customer by e-mail as part of the order confirmation.

(6) Obligation to notify under the ODR Regulation: The following link of the EU Commission (also known as the ODR platform) contains information about online dispute resolution under Art. 14 ODR Regulation and serves as a central contact point for the out-of-court settlement of disputes arising from online sales contracts: http://ec.europa.eu/consumers/odr.

(7) Duty to inform according to the Consumer Dispute Settlement Act (§ 36 VSBG): The shop is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.

(8) If you have a complaint, you can contact our complaints office by e-mail at support@testifly.de.

§ 2 Contents of the contract and conclusion of the contract

(1) The shop offers customers in the online shop the authorisation for the video-assisted performance and certification of rapid tests (hereinafter: "Certification Authorisation"). The service of video-assisted performance and certification of rapid tests (hereinafter: "Certification") is provided by Telemedicum GmbH. The customer expressly acquires only the certification authorisation from the shop and expressly does not acquire a rapid test kit. (2) The presentation in the online shop of the shop does not constitute a legally binding offer. When ordering via the shop's homepage, the customer makes a binding offer to conclude a contract for the desired services by clicking on the button "Order subject to payment". Before submitting his contractual declaration, the customer has the opportunity to view these General Terms and Conditions, the cancellation policy and the shop's data protection declaration.

(3) Within the framework of the ordering process, the customer has the possibility at any time to recognise and correct input errors before submitting the contractual declaration by changing his/her details using the mouse or keyboard. The customer can change his personal details as well as remove the desired services from the overview of the selected products or increase or decrease the number of desired services. In addition, all order details are displayed again before the order is completed and the customer is given the opportunity to correct them by clicking on the button "Change product or shipping".

(4) Immediately after sending the order, we shall confirm receipt of the customer's order by sending an e-mail in which we confirm receipt of the order and list the details thereof (hereinafter: "Order Confirmation"). This Order Confirmation also constitutes the acceptance of the customer's offer and thus the confirmation of the contract. Together with the Order Confirmation, the customer receives these General Terms and Conditions, the cancellation policy with sample cancellation form, the payment confirmation and the invoice. No contract shall be concluded for services that are not listed in the order confirmation. After the conclusion of the contract, the customer receives access to a separate chat in the TestiFly app.

(5) In the case of consumers, there is a right of cancellation in accordance with the shop's cancellation policy, which is accessible to the customer via a link before the order is placed and which is sent to the customer with the order confirmation. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity. The right of withdrawal expires prematurely if the shop has completely performed the service and has only started to perform the service after the customer has given his express consent to this and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete fulfilment of the contract by the shop.

§ 3 Prices

(1) All prices quoted are in euros and include VAT at the statutory rate.

(2) The provision of the services to the customers by the shop takes place after payment in accordance with the payment methods listed in § 4 para. 2 of these GTCs.

(3) If a customer defaults on his payment obligations, the shop may claim damages in accordance with the statutory provisions. (4) The shop always issues an invoice to the customer, which is sent to the customer in text form in PDF format to the e-mail address provided by the customer.

§ 4 Terms of payment

(1) Payment of the price for the ordered services is due immediately upon conclusion of the contract. In the event of default, the Shop is entitled to charge interest for the year at a rate of five percentage points above the respective base rate. In the case of legal transactions in which a consumer is not involved, the Shop reserves the right to charge interest on claims for payment in the event of default at a rate of nine percentage points above the base rate. The shop reserves the right to prove and assert higher damages caused by default, § 288 para. 3, 4 BGB. (2) The shop accepts payments via PayPal, direct debit (SEPA-compliant) and credit card. PayPal: The customer pays the invoice amount via the online provider PayPal. The customer must register with PayPal or be registered there, then legitimise himself with his access data and confirm the payment instruction to the shop (exception: guest access). The customer will receive further instructions in the course of the ordering process. If the PayPal payment method is selected, the "PayPal Terms of Use" of PayPal (Europe) S.àr.l. & Cie, S.C.A. apply. The Terms of Use that apply to the customer's contractual relationship with PayPal (Europe) S.à r.l. & Cie, S.C.A. are available at www.paypal.com.

(3) All payments are to be made to Telemedicum GmbH without deduction. A payment shall only be deemed to have been made when the shop can freely dispose of the amount.

(4) Offsetting is excluded unless the offsetting claim is undisputed or legally established or recognised in writing by the shop. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim arising from a claim in kind entitling the customer to refuse performance or if rights are asserted due to a defect.

§ 5 Vouchers

(1) The shop reserves the right to issue voucher codes that can be redeemed in the online shop. The voucher can only be redeemed before completing the order process by entering the voucher code. Subsequent offsetting is not possible. Only one voucher can be redeemed per order.

(2) The price for the services ordered must be at least the amount of the voucher. Any remaining credit will not be refunded. Voucher credit is neither paid out in cash nor does it earn interest.

(3) The voucher will not be refunded if the customer does not make use of the services paid for in full or in part with the voucher within the scope of his statutory right of withdrawal and returns delivered goods.

(4) The voucher is transferable. The shop may make payment to the respective holder with discharging effect. This does not apply if the shop has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

(5) The claim for redemption of the voucher expires within 3 years from the end of the year in which the voucher code (according to the date of issue) was issued.

§ 6 Delivery and transfer of risk

(1) The ordered certification authorisations are sent in the form of codes, unless otherwise contractually agreed, to the e-mail address specified by the client.

(2) The shop reserves the right to release itself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery fails to take place in whole or in part. This reservation of self-delivery only applies if the shop is not responsible for the failure to deliver. The shop is not responsible for the failure to deliver if a so-called congruent hedging transaction was concluded with the supplier in good time to fulfil the contractual obligations. If the goods are not delivered, the shop will inform the customer immediately of this circumstance and refund any purchase price already paid.

(3) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.

§ 7 Liability for defects of quality and title

(1) If the codes sent are defective, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 ff. HGB. (2) Damage caused by improper actions of the customer during storage of the goods does not constitute a warranty claim against the shop. The customer can find information on proper handling in the manufacturer's descriptions. (3) Defects become time-barred within two years.

(4) If the customer is an entrepreneur, the limitation period is one year. This does not apply insofar as the shop has fraudulently concealed a defect or has given a guarantee for the quality of the goods, and not for claims for damages by the customer which are directed towards compensation for physical injury or damage to health due to a defect for which the shop is responsible or which are based on intentional or grossly negligent fault on the part of the shop or its vicarious agents.

(5) If there are defects and these were asserted in good time, the shop is entitled to subsequent fulfilment. If the supplementary performance fails, the customer is entitled to withdraw from the contract or to reduce the purchase price. In all other respects, the statutory provisions shall apply.

§ 8 Information obligations in the event of transport damage

If goods are delivered with obvious damage to the packaging or contents, the customer should complain about this immediately to the carrier/freight service without prejudice to his warranty rights (§ 8 of these GTC) and contact the shop immediately by e-mail (support@testifly.de) or by other means (post) so that the shop can safeguard any rights against the carrier/freight service.

§ 9 Certification of test results

(1) The certification of test results is only possible with quick tests for laypersons accepted by the shop, which have been tested and validated by the Federal Institute for Drugs and Medical Devices (BfArM) and the Paul Ehrlich Institute. A list of the rapid tests currently accepted by the Shop can be viewed on the website testifly.de. It is the responsibility of the customer to have a functional rapid test kit within the meaning of sentence 1 to hand when carrying out the certification process.

(2) The customer must download the TestiFly App from the App Store or Google PlayStore. After conclusion of the contract, the customer automatically receives a chat in the TestiFly App that is activated for each test.

(3) In order to be able to carry out a video-assisted test and certification, the customer requires, in addition to a quick test as defined in paragraph (1), the TestiFly app, a smartphone with a high-resolution camera, a functioning internet connection with sufficient bandwidth (recommended: 50 Mbit/s downstream and 20 Mbit/s upstream) and their own valid identification document (identity card or passport). Identity documents from over 150 countries are accepted.

(4) The customer receives detailed information about the test procedure in the TestiFly app. The steps listed therein must be followed exactly. Otherwise, the certification cannot be completed successfully. Errors in the execution of the test lead to an invalid test result and a forfeiture of the acquired certification authorisation.

(5) If the video accompaniment and the certification process are interrupted due to technical problems on the part of the client (e.g. interruption of the internet connection, insufficient memory capacity of the end device used, or similar), the certification authorisation expires and the test cannot be repeated with the quick test used in the process.

(6) After error-free completion of the certification process, the customer receives a certificate from Telemedicum about the test result in the TestiFly App.

(7) The certificate is dispatched within the service hours (Monday - Friday from 08:00 to 20:00 CET/Berlin) usually within 2 hours after the quick test has been carried out and the certification process has been completed. If the test is carried out between 20:00 and 08:00 (CET/Berlin), the certificate will be sent from 08:00 (CET/Berlin) of the following day.

(8) The specified time by which the certificate will be sent can only be met if the client has carried out the certification process in good time - i.e. in compliance with the specified lead time - and in an orderly manner.

(9) The certificate is dated on the date on which the test result is available. The possibilities of using the certificate depend on the intended use and the respective applicable specifications and legal or official regulations. It is the responsibility of the customer to inform himself whether the certificate is sufficient for his purposes via a rapid test.

(10) The customer receives a simple right of use to the certificate, which is unlimited in time and space. Duplication for own purposes by printing is permitted (e.g. to prove a negative test result by physical presentation to third parties).

(11) In the event of a positive test result, Telemedicum advises the customer that in the event of a positive test result, the behavioural obligations set out in the shop's information sheet on what to do in the event of a positive SARS-CoV-2 PoC antigen test in accordance with the Federal Institute for Drugs and Medical Devices must be observed.

§ 10 Disclaimer

(1) The customer is informed that it cannot be excluded that rapid tests show a false-positive or false-negative test result. Underlying causes may be, for example, a low quality of the material taken by means of a smear test (e.g. due to subsequent contamination, due to defective smears, defective packaging or insufficient cooling) or an impairment of the analysis due to unforeseeable or unknown reasons. In principle, the method used can only detect infections with the coronavirus if the mucosa is affected and viruses have already multiplied intracellularly; according to current scientific knowledge, this usually occurs within the first few days after infection. Samples of insufficient quality (wrong collection site, too little swab material, etc.) as well as delayed or improper storage can thus lead to false-positive or false-negative results. Consequently, a negative test result does not exclude the presence of a coronavirus infection.

If infection is suspected, the test should be repeated regularly. If the problem underlying a false-negative or false-positive result could not be identified during the verification of the rapid test by Telemedicum, the latter is not responsible for the incomplete, potentially misleading or false test result of an analysis.

Notwithstanding the following provisions, liability is excluded for any consequential damages such as missed appointments, missed flights, costs, damages and/or lost sales or profits which are due to the fact that the shell test was not carried out despite existing certification authorisation for reasons for which we are not responsible and which cannot be attributed to us and/or the test result and/or the findings were not available in time and/or in the case of a false-negative or false-positive test result.

(2) The Shop shall otherwise be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. It shall also be liable for the slightly negligent breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer regularly relies, but in each case only for the foreseeable damage typical for the contract. The shop is not liable for the slightly negligent breach of obligations other than the above.

(3) The limitations of liability in the preceding paragraph do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. (4) If the liability of the Shop is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.