The conditions contained in this agreement govern the relationship between you as a customer (consumer, i.e. a natural person and not a company or other legal entity) and the operator of the nu:dx platform. The operator is nu:dx Deutschland GmbH. These conditions represent the full scope of your agreement with us. There are no other contractual conditions that supersede or supplement this agreement, unless we have agreed to them in writing, expressly referring to this clause. We reserve the right to update these conditions without prior notice. However, both parties are bound by the version that was valid at the time the order was placed. By placing an order with us, you accept these conditions.
The following terms and conditions apply to all contracts you conclude with us as the provider via the website www.nu-dx.com. Unless otherwise agreed, the inclusion of any conditions of your own is hereby rejected. These GTC apply to all business relationships between nu:dx Deutschland GmbH and its customers in the version valid at the time of the order.
1. Subject of the contract is the sale of goods and services, in particular diagnostic tests and health check profiles.
2. The presentation of goods in our online shop does not constitute a legally binding contractual offer on our part, but rather a non-binding invitation to order.
3. The contract is concluded upon acceptance of the customer's order by nu:dx Deutschland GmbH. Acceptance is made in writing, in text form, or by sending the ordered goods.
4. When an order is received in our online shop, the following rules apply: The consumer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
Before the binding submission of the order, the consumer can return to the website where their details are recorded by pressing the "Back" button in their internet browser after checking their details, and can correct input errors or cancel the ordering process by closing the internet browser. We confirm receipt of the order immediately through an automatically generated email (acknowledgement of receipt). This does not yet constitute acceptance of the offer. Acceptance of the offer is made in writing, in text form, or by sending the ordered goods.
1. All prices shown include the statutory value-added tax and other price components. Any shipping costs are shown separately.
2. The customer can pay the purchase price by credit card, PayPal, or other payment methods offered in the online shop. The purchase price is due immediately.
3. The purchase price and shipping costs are due immediately without deduction.
1. Unless otherwise stated, all items we offer are ready for dispatch within one week.
2. Delivery is only made to the countries we deliver to, currently Germany and Austria.
3. The delivery time is usually 3-5 business days, unless expressly stated otherwise.
4. If the consumer has chosen to pay in advance, we will not dispatch the goods before payment has been received.
5. If the payment method chosen by the customer cannot be processed despite proper execution on the part of nu:dx, in particular because a debit from the customer's account is not possible due to insufficient funds or incorrect data, the customer must reimburse nu:dx or the third party commissioned by nu:dx with the resulting additional costs.
1. Our obligations: nu:dx Deutschland GmbH offers blood test kits for home use via the nu:dx platform. Our responsibility is to deliver a complete, sterile kit that complies with all regulations in force at the time of dispatch. The expiry date of this kit is at least 3 weeks from the date of delivery. Our kits are fully and individually traceable in accordance with legal requirements in the EEA, so we know exactly which kit you received and which batch it belongs to. This traceability enables a smooth batch recall if necessary.
2. Your obligations: You are required to carefully and completely read and follow all instructions included with your kit and displayed on the website during test activation. Before taking the sample, you must register the kit online at www.nu-dx.com. After taking the sample, you must return it on the same day using the enclosed prepaid postage. By sending your sample, you guarantee that you are at least 18 years old and accept that you implicitly grant nu:dx and our partner laboratories permission to analyze your biological sample and process your results.
3. Laboratory analysis: nu:dx Deutschland GmbH works with partner laboratories to process and analyze your samples. Our laboratories are bound by the General Data Protection Regulation (GDPR) as well as a service agreement that defines their responsibilities and obligations as sub-processors of sensitive data.
4. Results delivery: As soon as a test result is available, you will receive a notification at the email address you provided during registration and can view the result online in the secure area of your account under "My Tests".
5. Disclaimer and compensation: To the extent permitted by law, nu:dx Deutschland GmbH excludes all liability for damages caused by improper use of the kits or failure to follow the instructions. This includes, in particular, damages resulting from injury to life, body, or health, as well as damages resulting from the inability to evaluate the sample. nu:dx Deutschland GmbH assumes no liability for the correctness of laboratory results. The results are to be understood only as an indication and should be confirmed by a doctor if necessary.
1. Right of withdrawal for consumers: You have the right to withdraw from this contract within fourteen days without giving any reason.
2. The withdrawal period is fourteen days from the day on which you or a third party designated by you took possession of the goods.
3. To exercise your right of withdrawal, you must inform us (nu:dx Deutschland GmbH, Bürgerweide 24, 21423 Winsen (Luhe), email: support@nu-dx.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the enclosed model withdrawal form, but this is not mandatory.
4. To comply with the withdrawal period, it is sufficient for you to send the notification of exercising your right of withdrawal before the withdrawal period expires.
5. Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will use the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement. 6. You shall bear the direct cost of returning the goods. 7. Products classified as medical devices, such as our home blood test kits, cannot be returned if the packaging has been opened. This is for the protection of the health and safety of our customers.
1. Statutory warranty rights apply.
2. The liability of nu:dx is governed by the statutory provisions, unless otherwise specified in these General Terms and Conditions. nu:dx shall be liable for damages, regardless of the legal basis, only in cases of intent and gross negligence without limitation.
3. In cases of simple negligence, nu:dx shall only be liable without limitation for damages resulting from injury to life, body, or health.
4. In cases of simple negligence and breach of a material contractual obligation (cardinal obligation), the liability of nu:dx is limited to compensation for the foreseeable, contract-typical damage. A material contractual obligation is an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
5. In all other cases, liability of nu:dx for simple negligence is excluded.
6. Insofar as the liability of nu:dx is excluded or limited in these General Terms and Conditions, this also applies to the personal liability of employees, workers, staff, representatives, and vicarious agents of nu:dx.
7. Liability under the Product Liability Act remains unaffected by the above provisions.
We retain ownership of the goods until the purchase price has been paid in full. If the customer is a merchant within the meaning of the German Commercial Code (HGB), nu:dx retains ownership of all delivered items until receipt of all payments from the business relationship.
1. nu:dx processes the customer's personal data for specific purposes and in accordance with the statutory provisions.
2. The personal data provided for the purpose of service provision (such as name, email address, address, payment data) is used by nu:dx exclusively for processing your order, evaluating your samples, and displaying your results. Except with the laboratory and the payment service provider Stripe, the data is never shared with third parties.
3. The customer has the right to request free information about the personal data stored about them by nu:dx upon request. In addition, they have the right to rectification of incorrect data, restriction, and deletion of their personal data, provided there is no statutory obligation to retain it.
4. Use of Google Analytics: This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be truncated by Google within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there.
5. Use of Microsoft Clarity: This website also uses Microsoft Clarity, a web analytics service provided by Microsoft Corporation. Clarity also uses cookies to analyze website usage. The information generated about your use of this website is usually transferred to and stored on a Microsoft server. Clarity helps us better understand user behavior on our website and adapt our services accordingly.
6. Integration of LDB Labordatenbank GmbH: The operator of this website has integrated components from LDB Labordatenbank GmbH. LDB Labordatenbank GmbH specializes in the development, provision, and support of the laboratory database, a modern, web-based laboratory software (Laboratory Information Management System, LIMS). With the LIMS from LDB Labordatenbank GmbH, we collect and organize all laboratory data to make it accessible and usable at any time and from anywhere. The LIMS is provided as an online service in the laboratory database cloud. The cloud service runs in the AWS Cloud Compliance in Frankfurt and meets stringent standards such as PCI DSS Level 1, ISO 27001, FISMA Moderate, FedRAMP, HIPAA, SOC 1, and SOC 2. The LIMS is accessible via an SSL-encrypted internet connection. A firewall and load balancer are used to allow only encrypted access. Login to the LIMS is via secure user authentication with login, password, and an additional security factor such as two-factor authentication or security keys. Every login attempt is logged, and access is blocked after repeated incorrect passwords. Data is stored encrypted on a MySQL-compatible database (Aurora). Each LIMS has its own database with separate accounts to prevent access by other customers. The databases are encrypted with AES-256-GCM. Data backup is performed on Amazon S3 with second-by-second incremental backups for 3 days, daily full backups for 7 days, and weekly backups for an unlimited period. Additional backups are stored in an independent data center in the Netherlands for 90 days. All backups are encrypted and stored redundantly. The laboratory database cloud is distributed across two independent availability zones and is designed for availability of over 99.95%, which corresponds to downtime of less than 5 hours per year. The availability zones are independent data centers with redundant power supply and networking.
7. Transfers to third countries: If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the course of using third-party services or disclosing or transferring data to third parties, this is only done if it is for the performance of our (pre)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection equivalent to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
1. Online dispute resolution: The European Commission provides a platform for online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
2. Consumer arbitration board: nu:dx GmbH is generally not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
1. Data security and data protection: Data protection and data security are at the heart of our service. nu:dx has a comprehensive data protection policy. We follow the latest data security practices, which also include data encryption and robust access management rules.
2. Rights of data subjects: You have the right to request confirmation as to whether relevant data is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR. You have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you. You have the right to request that relevant data be deleted without delay, or to request a restriction of the processing of the data.
3. Copyright: The content and works created by the site operators on these pages are subject to copyright.
