1. Parties
SecuraLab, registered with the Dutch Chamber of Commerce under number 91903564, having its registered office in Haarlem at Tappersweg 14-25 (2031 EV), user of these terms and conditions.
Further details of SecuraLab:
Website: www.labtest.nl
Email: info@labtest.nl
Telephone number: 023-2210115
VAT identification number: NL865811477B01
Customer: the (prospective) purchaser of goods offered by SecuraLab.
Good(s): health tests and accessories that are the subject of the agreement concluded between SecuraLab and the Customer.
2. Applicability
SecuraLab declares these terms and conditions applicable to every offer made by SecuraLab and to all agreements entered into between the parties, whether or not resulting from such an offer. Insofar as their content has not been amended, these terms and conditions shall also apply to future contractual relationships between the parties.
Deviations from these terms and conditions shall apply only insofar as they have been expressly agreed upon in writing by the parties.
Any general (purchasing) terms and conditions of the Customer are expressly rejected.
Third parties engaged by SecuraLab in the performance of the agreement may also invoke these terms and conditions.
If one or more provisions, or parts thereof, of these terms and conditions are null and void or are annulled, the remaining provisions shall remain fully applicable. In such an event, the parties shall consult with each other in order to agree on new provisions to replace the null and void or annulled provisions, reflecting as closely as possible the purpose and intent of the original provisions.
3. Offer and agreement
Every offer, whether in the form of a quotation, displayed on the website or otherwise, is entirely non-binding and revocable without conditions, unless SecuraLab has expressly stated otherwise in writing.
Every offer is valid only while stocks last. The agreement is therefore expressly concluded subject to the condition precedent and/or subsequent condition of sufficient availability of the Goods. If SecuraLab is required to invoke this provision, the Customer shall not be entitled to compensation.
Unless otherwise stated, prices listed on the website or in any other form of offer are stated in euros, excluding VAT, and are subject to levies, excise duties, surcharges and other applicable factors.
All statements made by SecuraLab regarding numbers, dimensions, weights and colours of the Goods in designs, drawings, images and photographs shown or provided are indicative only. A minor deviation in the Good supplied shall not constitute a failure by SecuraLab to perform the agreement.
An offer does not automatically apply to repeat orders.
Obvious clerical errors and inadvertent mistakes in an offer shall not be binding upon SecuraLab.
The agreement is concluded as follows:
For orders placed via the webshop: at the moment the Customer has correctly completed the ordering process on SecuraLab’s website and the confirmation email sent by SecuraLab confirming the agreement has been received in the inbox of the email address provided by the Customer.
4. Performance of the agreement
SecuraLab shall endeavour to perform the agreement within the stated or estimated period. This period shall not constitute a strict deadline. The Customer must therefore first give SecuraLab written notice of default and provide SecuraLab with a reasonable and sufficient period in which to perform its obligations before the Customer may exercise any remedy.
If SecuraLab arranges delivery, the Customer must provide a delivery address at which SecuraLab can deliver or arrange delivery of the Goods on the indicated date. If the Customer is not present at the time the Goods are delivered on the indicated date, the costs of offering the Goods for delivery again shall be borne by the Customer.
SecuraLab is entitled to have the order and/or delivery carried out by third parties. Article 7:404 of the Dutch Civil Code is expressly excluded from the agreement.
The Goods shall only be made available after the agreement has been concluded. The risk of loss of or damage to the Goods made available shall pass to the Customer from the moment they are made available to the Customer or would have been made available but for a delay attributable to the Customer.
After performing the test as described in the enclosed instructions, the Customer must return the test to the address pre-printed on the enclosed return envelope.
Before returning the test, the Customer must create an account via labtest.health.
5. Obligations of the Customer
The Customer shall enable SecuraLab to perform the assignment. The Customer undertakes to provide the cooperation required for SecuraLab to perform the agreement. This includes, among other things:
a) ensuring that SecuraLab has timely access to all approvals and information required for the assignment;
b) ensuring that work and/or deliveries to be carried out by third parties, which do not form part of SecuraLab’s assignment, are carried out in such a manner and in such a timely fashion that the performance of the assignment is not delayed.
If the obligations referred to in paragraph 1 are not fulfilled, or are not fulfilled on time, the Customer must inform SecuraLab thereof in a timely manner. SecuraLab shall be entitled to charge the Customer for any additional costs incurred as a result, including storage, travel or labour costs.
If the obligations referred to in paragraph 1 are not fulfilled, or are not fulfilled on time, SecuraLab shall not be obliged to compensate the Customer for any damage resulting from delays in delivery or completion.
The Customer expressly bears the risk of damage caused by:
a) inaccuracies in constructions and working methods requested by the Customer;
b) defects in movable or immovable property on or in which the assignment is carried out;
c) defects in materials or equipment made available by the Customer.
6. Retention of title
Title to the Goods shall at all times remain with SecuraLab.
As a consequence of this retention of title, the Customer is not entitled to dispose of the Goods or encumber them, for example by creating a right of pledge over them.
In connection with the effectiveness of the retention of title, the Customer undertakes to inform SecuraLab promptly and adequately in the event of an impending bankruptcy, suspension of payments, debt restructuring or if third parties threaten to seize any of the Goods supplied subject to retention of title. The Customer is also obliged to adequately insure the Goods supplied subject to retention of title against damage and theft.
If the Customer fails to comply with any obligation arising from the agreement, the Customer shall, at SecuraLab’s request, provide all necessary cooperation to enable SecuraLab to regain unrestricted possession of the Goods supplied. This includes the obligation, where applicable, to return the Goods to SecuraLab at the Customer’s expense upon SecuraLab’s request.
7. Warranty and liability
The Customer is obliged to inspect the performance immediately, and in any event within 24 hours, for conformity with respect to the quantity and quality of the Goods. If the performance does not meet what could reasonably be expected under the agreement and there is therefore a defect, the Customer must notify SecuraLab within three days after the Goods were made available or after the Customer could reasonably have discovered the defect.
Following notification as referred to in the preceding paragraph, SecuraLab shall, within reason and free of charge, repair the defect or replace the defective Good. If neither of these remedies is sufficient to effectively remedy the defect, the Customer shall have the right to terminate the agreement, in which case the Customer shall bear the costs of returning the Goods supplied. The foregoing shall apply without the Customer being entitled to any compensation.
If the defect has arisen as a result of an error attributable to the Customer, or if the Customer has failed to notify SecuraLab of the defect in a timely manner, the right to repair, replacement or possible termination as referred to in this article shall lapse. The burden of proof regarding the attribution of the defect shall rest with the Customer.
The existence of a defect shall not suspend the Customer’s payment obligations.
The Customer shall not be entitled to any remedy if the Good has been used incorrectly or without due care.
If SecuraLab is liable towards the Customer, such liability shall be limited, in the event that no insurance policy is available under which a claim can be made, to the amount of the invoice from which the damage arose, increased by 15%.
Except in cases of intent or deliberate recklessness, SecuraLab’s liability shall not extend to consequential loss, indirect loss, non-material damage, loss caused by delay, property damage, loss of goodwill, loss of turnover and/or profits, or similar losses.
The Customer shall indemnify SecuraLab against damage suffered by third parties in connection with the agreement where such damage results from acts or omissions by SecuraLab based on incorrect, incomplete or late information, data or documents provided by the Customer, or as a result of actions taken contrary to these terms and conditions.
In all cases, the period within which SecuraLab may be held liable for any remedy, including compensation for damages, shall be limited to 12 months after delivery.
The Customer acknowledges that any advice provided by SecuraLab expressly does not constitute medical advice. The Customer is responsible for obtaining appropriate advice from qualified professionals in this regard.
8. Prices and payment
This agreement has been concluded by mutual consent. By entering into the agreement, the parties consider the prices to be reasonable and fair.
Unless otherwise agreed, the Customer must pay the full amount due prior to the Goods being made available, using Credit Card, Mastercard, SEPA, Visa, Apple Pay, PayPal, Klarna or iDEAL. If payment is made by invoice, the invoice must be paid within 14 days of receipt by bank transfer. SecuraLab is entitled to issue the invoice immediately after the agreement has been concluded.
If the agreed payment term is exceeded, SecuraLab shall immediately be entitled to charge the Customer default interest of 1% of the principal amount per month, as well as an amount for extrajudicial collection costs which shall not be subject to reduction. These costs shall amount to 15% of the outstanding principal amount, subject to a minimum of EUR 100, excluding VAT.
Without the express written consent of SecuraLab, the Customer is not entitled to set off, suspend and/or withhold any amounts in respect of its payment obligations. The Customer may therefore not invoke any right of retention.
9. Termination of the agreement
Article 7:408 of the Dutch Civil Code is expressly excluded from the agreement in relation to Customers acting in the exercise of a profession or business where the agreement constitutes a contract for services, meaning that assignments cannot be terminated by the Customer. If the Customer is not acting in the exercise of a profession or business, the statutory provisions regarding termination shall apply, taking into account the reasonable remuneration and expenses referred to in Articles 7:406 and 7:411 of the Dutch Civil Code.
In the case of a contract for services, SecuraLab is entitled to terminate the assignment at any time without the Customer being entitled to compensation.
SecuraLab is entitled to terminate the agreement with the Customer with immediate effect for the future by written notice, without any further prior notice of default, if:
a) the Customer wholly or partially ceases or otherwise liquidates its business operations and/or substantially changes or transfers its business activities to a third party without SecuraLab’s prior written consent;
b) the Customer is granted, whether provisionally or otherwise, a suspension of payments, is declared bankrupt, files an application for a statutory debt restructuring scheme, or is placed under guardianship or administration.
Upon termination of the agreement, all payments owed by the Customer to SecuraLab shall become immediately due and payable in full.
10. Force majeure
Force majeure shall mean, in addition to what is understood as such under applicable law and case law, all external causes, whether foreseen or unforeseen, beyond SecuraLab’s control. These include, but are not limited to, strikes, traffic disruptions, unforeseen interruptions, disruptions in energy supplies, transport difficulties, fire, loss of or damage during transport, epidemics, pandemics, illness and government measures.
During a force majeure event, SecuraLab’s obligations shall be suspended. If performance is impossible due to force majeure for more than one month, or if other circumstances arise that make it disproportionately burdensome for SecuraLab to fulfil its obligations, SecuraLab shall be entitled to terminate the agreement in whole or in part by notifying the Customer, without judicial intervention and without any obligation to pay compensation.
If SecuraLab has already partially fulfilled its obligations when the force majeure event occurs, it shall be entitled to invoice the part already delivered or performed separately or, in the case of advance payments, to issue a partial credit.
11. Jurisdiction, governing law and transfer of rights
SecuraLab is entitled to transfer its rights and obligations under this agreement to third parties. The Customer may only transfer its rights and obligations to a third party with SecuraLab’s written consent.
This agreement, as well as any other agreements concluded between the parties, shall be governed exclusively by Dutch law. If an obligation arises between the parties in the future other than one resulting from an agreement, that obligation shall also be governed by Dutch law.
It is always possible that something may not go entirely as planned. We recommend that you first submit any complaints to us by emailing support@labtest.nl. If this does not result in a satisfactory solution, you may submit your dispute for mediation to the Disputes Committee via the European Online Dispute Resolution platform (ODR platform) or through Stichting WebwinkelKeur.
12. Right of withdrawal
This article applies only to sales to Consumers and where the agreement has not been concluded in a physical store but at a distance, for example via the webshop.
In principle, the Consumer has the right to withdraw from the agreement within a period of 14 days without giving any reason. However, the Consumer shall not have a right of withdrawal where the purchase concerns Goods manufactured according to the Consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person. The Consumer shall also not have a right of withdrawal in the other cases referred to in Article 6:230o of the Dutch Civil Code. The Consumer shall also not have a right of withdrawal if installation work has been carried out.
The withdrawal period expires 14 days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, physically takes possession of the Good. For agreements involving multiple Goods ordered by the Consumer in a single order and delivered separately, the withdrawal period expires 14 days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, physically takes possession of the last Good delivered.
To exercise the right of withdrawal, the Consumer must inform SecuraLab of the decision to withdraw from the agreement by means of an unequivocal statement, for example in writing by post, fax or email. The Consumer may use the model withdrawal form provided at the end of these terms and conditions, which is also available for download via the relevant link, but is not obliged to do so.
The withdrawal shall be deemed to have been exercised within the applicable period if the Consumer sends the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If the Consumer withdraws from the agreement, SecuraLab shall reimburse all payments received from the Consumer up to that point, including delivery costs, with the exception of any additional costs resulting from the Consumer’s choice of a method of delivery other than the standard delivery offered by SecuraLab, without undue delay and in any event no later than 14 days after SecuraLab has been informed of the Consumer’s decision to withdraw from the agreement.
SecuraLab shall reimburse the Consumer using the same means of payment used by the Consumer for the original transaction, unless the Consumer has expressly agreed to reimbursement by another means of payment. In any event, the Consumer shall not incur any fees as a result of such reimbursement.
SecuraLab is entitled to withhold reimbursement until it has received the Goods back or until the Consumer has provided evidence that the Goods have been returned, whichever occurs first.
SecuraLab shall collect the Goods, or the Consumer must return or hand over the Goods to SecuraLab without undue delay and in any event no later than 14 days after the day on which the Consumer informed SecuraLab of the decision to withdraw from the agreement. The return deadline shall be deemed to have been met if the Consumer sends the Goods back before the 14-day period has expired.
The direct costs of returning the Goods shall be borne by the Consumer.
The Consumer shall only be liable for any diminished value of the Goods resulting from handling the Goods beyond what is necessary to establish their nature, characteristics and functioning.
Model withdrawal form
To facilitate withdrawal by the Customer, SecuraLab provides the form below. The Customer may use this form to withdraw from the agreement.
To:
SecuraLab
Tappersweg 14-25
2031 EV Haarlem
The Netherlands
I/We () hereby give notice that I/We () withdraw from my/our () agreement for the sale of the following goods/provision of the following service ()
Ordered on () / Received on ()
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:
(*) Delete as appropriate.