Terms of service
1. Subject matter and scope
1.1 These General Terms and Conditions ("Terms", "Agreement") are an agreement between Aminoverse B.V., Daelderweg 9, 6361 HK Nuth, The Netherlands, KVK 77116119, VAT number NL860905950B01, operating under the AELYSA Bioassays brand ("AELYSA Bioassays", "us", "we" or "our") and you as a consumer ("Customer", "User", "you" or "your"). This Agreement sets out the terms and conditions governing your use of the aelysa.com Web site and any of its products or services (collectively, the "Web Site" or "Services"). AELYSA Bioassays does not accept any terms and conditions that differ from these terms and conditions unless it has expressly agreed to them in writing.
1.2 AELYSA Bioassays operates an online platform under the URL www.aelysa.com, where you can purchase freely available, non-pharmacy products in the form of medical tests, test kits, medical devices and health products and where AELYSA Bioassays provides a platform for innovative scientific services in the field of health and lifestyle. AELYSA Bioassays' services include the research, development, marketing and distribution of health products in the broader sense, as well as related services. The products purchased on the AELYSA Bioassays platform can be used at home (e.g. blood collection) and also include analysis and/or evaluation in our laboratory, for which you send the corresponding tests performed and associated materials and substances directly back to AELYSA Bioassays. Please observe the respective instructions for use. Each test kit is accompanied by a TEST ID which you can use to access the test results on the portal of the AELYSA bioassays platform. When performing and shipping the test, only the materials and packaging enclosed with the delivery should be used.
1.3 The virological tests offered, such as the AELYSA Corona Antibody Test, are non-prescription products described in point 1.2. After the test has been carried out and analysed in our laboratory, AELYSA Bioassays makes the results available to the customer via TEST ID, without itself making any additional medical recommendations or giving advice in this respect. The platform expressly does not offer any medical services, diagnoses and/or therapies of its own, nor does it provide any corresponding medical information. In this respect, the platform is not a medical product within the meaning of the German Medical Products Act (MPG).
1.4 Products containing virological tests may be subject to different legal requirements under certain circumstances. For this reason and in preparation for any obligations, the following applies to these products (see also point 1.3): The product is accompanied by a declaration of consent. This must be correctly and truthfully completed and signed as described in the instructions for use and sent to our laboratory together with the blood sample. With the declaration of consent, you provide AELYSA Bioassays with personal data and give your consent to the processing of the data necessary for the fulfilment of, for example, legal reporting obligations. AELYSA Bioassays will not pass on your personal data to third parties other than for legal reporting obligations and processing necessary for the execution of the contract with AELYSA Bioassays. Your data will not be passed on to other third parties. For more detailed information on data processing for products covered by this point 1.4, please refer to the data protection notes for these products.
2.1 On the AELYSA Bioassays platform, AELYSA Bioassays offers you the purchase of individual over-the-counter, non-pharmacy products in the form of medical tests, test kits, medical devices and healthcare products at the regular purchase price.
2.2 Depending on the product, volume orders or discount and special offers are possible, resulting in a reduced purchase price per individual product. AELYSA Bioassays is not obliged to offer discounted purchase prices and does not guarantee them at any time. Discounts and promotions are at the sole discretion of AELYSA Bioassays.
2.3 The presentation of products on the AELYSA Bioassays platform does not constitute a binding offer by AELYSA Bioassays to conclude a contract, to supply products and to carry out analyses and evaluations. Rather, you are given the opportunity to make a binding offer on your part to purchase the product you have selected.
2.4 You make this offer by sending the order by activating the "Buy" button after you have completed the ordering process. Before sending the order, you can view, change or delete the order data at any time. To do so, you can use the buttons of the page navigation to return to pages and fields that have already been filled in and change the information entered.
2.5 After placing your order, an order confirmation will be sent to you by e-mail to the e-mail address you provided during the ordering process. This order confirmation is not an acceptance of the offer, but only information about the receipt of the order under reproduction of the order data.
2.6 The contract for the supply of products and for the performance of analyses and evaluations, including the provision of the relevant results by AELYSA Bioassays, is concluded upon receipt of an order confirmation or invoice. Acceptance of the offer is at AELYSA Bioassays' free discretion. You have no right to accept your offer and conclude the contract. In particular, AELYSA Bioassays gives no assurance that the products and services offered on the AELYSA Bioassays platform are available, available or retrievable in every country outside the Netherlands.
2.7 The results of the analyses and evaluations of the tests you have purchased and performed are retrieved by entering the respective TEST ID at test.aelysa.com.
2.8 For users of www.aelysa.com the contract language is English.
3. User accounts
3.1 You can create a user account on the AELYSA bioassays platform by registering with an e-mail address and a password of your choice.
3.2 When you create an account on the Site, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and for all other actions taken in connection with the account.
3.3 We may, but are not obliged to, monitor and review new accounts before you sign up and use our services. Providing false contact information of any kind may result in the termination of your account. You must notify us immediately of any unauthorised use of your account or other breaches of security. We will not be liable for any acts or omissions on your part, including damages of any kind arising from such acts or omissions.
3.4 The user account is optional. You can place orders without an account on the AELYSA Bioassays platform and access the results of the analysis and evaluation of the tests purchased without registering using the TEST ID.
3.5 As part of the registration process, AELYSA Bioassays will send you a confirmation e-mail and will set up a user account for you, which will allow you to manage and update your personal data yourself and to access the results of the analysis and evaluation of the products you have purchased and tests you have performed.
3.6 As a customer you have the possibility to delete your user account at any time. To do so, please send us an e-mail to firstname.lastname@example.org. Your data will then be deleted as quickly as possible, provided AELYSA Bioassays is not allowed or required to store it due to legal regulations. In particular, the information will continue to be used to fulfil the contract until the last contractually owed service has been performed. For further information on how we handle your personal data, please refer to our data protection declaration.
3.7 To register for a user account on the AELYSA bioassays platform, you must be at least 18 years of age.
3.8 You may only open one user account on the AELYSA bioassays platform at a time. AELYSA Bioassays reserves the right to delete multiple registrations and, if necessary, to warn you if you violate this clause or the aforementioned clauses or to delete the user account without warning.
3.9 The contract for the establishment and use of the user account is for an indefinite period. You may terminate the agreement at any time by giving notice of termination in text form, in writing or by email to AELYSA Bioassays by Aminoverse B.V., Daelderweg 9, 6361HK Nuth, Netherlands, email@example.com.
4. Prices and terms of payment
4.1 The prices quoted on the AELYSA bioassays platform are final prices and include the value added tax applicable in the Netherlands and, in principle, any fees (e.g. shipping costs). In individual cases, however, it is possible that special regulations apply to individual fees, in particular delivery fees. If this is the case, you will be informed of this directly during the product presentation on the AELYSA bioassays platform and during the ordering process. When importing goods into countries outside the Netherlands, import duties and taxes may be incurred due to export restrictions, which you must bear. You are responsible for the proper payment of any applicable duties, taxes and fees.
4.2 We reserve the right to change products and product prices at any time. We also reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from or under the same customer account, credit card and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided at the time of the order.
4.3 The gross purchase price will be displayed to you by clicking on the "Buy" button before the completion of the respective order process subject to payment and is due immediately without deduction after placing the order.
4.4 AELYSA Bioassays offers various payment methods (e.g. credit card, PayPal, iDEAL), but without being obliged to offer a specific payment method in the future. Further information on the accepted payment methods can be found on the AELYSA bioassays platform. AELYSA Bioassays reserves the right to restrict the payment methods a customer can choose from depending on order value, shipping region or other objective criteria.
4.5 The delivered goods remain the property of AELYSA Bioassays, notwithstanding their delivery, until full payment has been received.
4.6 We reserve the right to change products and product prices at any time. We also reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from or under the same customer account, credit card and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided at the time of the order.
5. Delivery and shipping
5.1 Unless otherwise agreed, the goods will be shipped to the delivery address you specify.
5.2 The shipping route is determined by AELYSA Bioassays.
5.3 AELYSA Bioassays is entitled to make partial deliveries. In the case of partial deliveries arranged by AELYSA Bioassays or offered to you, subsequent deliveries will be free of charge. In case of partial deliveries on special customer request, the shipping costs will be charged for each partial delivery.
5.4 All products and goods will only be shipped after receipt of payment.
5.5 All delivery obligations of AELYSA Bioassays are subject to the reservation "while stocks last". AELYSA Bioassays may therefore withdraw from the contract if the available stock is exhausted. If the stock is only partially exhausted, so that not all of the goods requested in the customer's order can be satisfied, AELYSA Bioassays may divide the available stock among one or all customers at its discretion. If this does not satisfy all the requirements specified in the customer's order, the customer is entitled to withdraw from the order.
5.6 Delivery periods and dates are as stated in AELYSA Bioassays' order confirmation. Delivery periods and dates are approximate unless they are expressly stated to be binding. The actual delivery may deviate from the stated delivery period by up to 10 days.
5.7 The delivery period begins when AELYSA Bioassays sends the order confirmation (or accepts the order if no order confirmation is issued), but not before the customer has provided all the documents, permits, authorisations, approvals and releases which may need to be obtained, clarified all technical issues and any agreed down payment or advance payment has been received. Compliance with the delivery period is subject to the timely and proper fulfilment of the customer's other obligations.
5.8 The delivery period shall be deemed to have been observed if the goods have left AELYSA Bioassays' premises by the end of the delivery period or if AELYSA Bioassays has notified the customer that the goods are ready for dispatch.
5.9 In the event of delay in delivery, the customer is entitled to withdraw from the individual contract after informing AELYSA Bioassays of the delay and after a period of ten (10) working days has elapsed during which AELYSA Bioassays can make the delivery which would otherwise be considered late. AELYSA Bioassays shall be liable for any damages suffered by the customer due to late delivery in accordance with clause 14 of these General Terms and Conditions.
6. Right of withdrawal, return
6.1 The provisions and the instructions of the following sections 7, 8, 9 shall apply to you if you, as a customer, are a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity ("consumer").
6.2 If you exercise your right of revocation, you shall bear the regular costs of return shipment.
6.3 Customers who assert a 'Right to reject' pursuant to Section 20,22 Consumer Rights Act 2015, United Kingdom, must also bear the costs of return shipment or collection.
7. Cancellation policy
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods or, if you have ordered similar goods as part of a regular delivery over a specified period, from the day on which you or a third party designated by you, other than the carrier, have taken possession of the first goods. In order to exercise your right of cancellation, you must
AELYSA Bioassays - Aminoverse B.V., Daelderweg 9, 6361HK Nuth, Netherlands, firstname.lastname@example.org
inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the following sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality. If you have requested that a service be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.
The right of revocation does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
End of the revocation instruction
If you wish to revoke the contract, please fill out the following sample revocation form and send it to AELYSA Bioassays - Aminoverse B.V., Daelderweg 9, 6361HK Nuth, Netherlands, email@example.com
Sample revocation form
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
- Ordered on (*)/received on (*)
- Name of the customer(s)
- Address of the customer(s)
- Signature of the customer(s) (only in case of notification on paper)
*Delete as applicable.
8. Handling of the revocation
8.1 The procedures described below are independent of the effective exercise of your right of withdrawal and are not a prerequisite for exercising the statutory right of withdrawal and do not restrict it in any way.
8.2 Please avoid damage and contamination of the goods. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If you no longer have the original packaging, please provide suitable packaging to avoid damage in transit.
9.1 The statutory rights to liability for defects exist.
9.2 Information, drawings, illustrations, technical data, weight, dimensional and performance descriptions contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. AELYSA Bioassays accepts no responsibility for the accuracy of this information. With regard to the type and scope of delivery, only the information contained in the order confirmation is decisive.
9.3 As a customer, you are requested to check the product immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
9.4 If there is a verifiable defect that is subject to warranty, the customer is entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
9.5 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. AELYSA Bioassays is therefore not liable for the constant and uninterrupted availability of the online offer.
9.6 The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the customer is an entrepreneur, the period of limitation is one year.
11. Accuracy of the information
11.1 From time to time, the Website may contain information that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website or any related service is inaccurate at any time without prior notice (including after you have submitted your order).
11.2 We make no commitment to update, amend or clarify any information on the Website, including but not limited to pricing information, except as required by law. No date stated on the Site as being updated or refreshed shall be construed as indicating that any information on the Site or any related service has been changed or updated.
12. Links to other websites
12.1 Although this website may contain links to other websites, we do not imply any approval, association, sponsorship, endorsement, support or affiliation, directly or indirectly, of any linked website, except as expressly stated herein.
12.2 We are not responsible for examining or evaluating the offerings of any company or individual or the content of their websites and we make no warranties with respect to their offerings. We accept no responsibility or liability for the actions, products, services and content of other third parties.
12.3 You should carefully review the legal statements and other terms and conditions of use of any website that you access through a link from this Website. Your linking to any other off-site pages is at your own risk.
13. Prohibited use
13.1 In addition to any other terms and conditions set out in the Agreement, you are prohibited from using the Website or its Content: (a) for unlawful purposes; (b) to encourage others to commit or participate in unlawful activities; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, abuse, insult, harm, defame, libel, slander, denigrate, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that is or may be used in any way that interferes with the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretend, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet.
13.2 We reserve the right to terminate your use of the Service or related websites if you breach any of the prohibited uses.
14. Exclusion of liability
14.1 AELYSA Bioassays does not offer medical treatment or medical advice at www.aelysa.com. The information and recommendations provided on www.aelysa.com do not constitute medical advice. The information and recommendations are neither intended nor suitable for diagnosing, combating or preventing disease. All other references to AELYSA Bioassays' domains are binding. Where applicable, these General Terms and Conditions of Business shall apply accordingly.
14.2 In addition to item 14.1, it applies to virological tests, such as the AELYSA Corona Antibody Test, that all information relating to this product is of a general and informative nature. AELYSA Bioassays itself does not detect any acute illness and does not make any medical or therapeutic recommendations. The information provided therefore does not constitute medical advice. AELYSA Bioassays only forwards to the customer the results of the laboratory analysis - visually prepared if necessary - without making any interpretation of the content or any other medical statement of any kind.
14.3 To the extent permitted by applicable law, AELYSA Bioassays, its affiliates, officers, directors, employees, agents, suppliers or licensors shall in no event be liable to any person for (a): any indirect, incidental, special, punitive, exemplary or consequential damages (including, without limitation, damages for loss of profits, revenue, sales, goodwill, use of content, business impact, business interruption, loss of anticipated savings, loss of business opportunity), however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if AELYSA Bioassays has been advised of the possibility of such damages or could have foreseen such damages. To the extent permitted by law, the aggregate liability of AELYSA Bioassays and its affiliates, officers, employees, agents, contractors and licensors in connection with the Services is limited to an amount of one euro or to all amounts actually paid by you to AELYSA Bioassays for the period of one month prior to the first event or occurrence giving rise to such liability. The limitations and exclusions shall also apply if this remedy does not fully compensate you for losses or fail to achieve its essential purpose.
14.4 These limitations of liability do not apply if the damage was caused intentionally or by gross negligence on the part of AELYSA Bioassays in an imputable manner, nor do they apply in the event of a breach of material contractual obligations, i.e. those obligations whose fulfilment is essential to the proper performance of a contract and on whose observance you can therefore regularly rely and whose breach on the other hand jeopardises the achievement of the purpose of the contract.
14.5 Furthermore, the limitation of liability does not apply to damages resulting from injury to life, body or health if AELYSA Bioassays is responsible for the breach of duty.
14.6 Furthermore, the limitation does not apply to damages based on the absence of a warranted characteristic or for which liability is provided for under the Product Liability Act.
14.7 You agree that your use of our website or services is entirely at your own risk. You agree that such service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.
14.8 We do not warrant that the Services will meet your requirements or that the Service will be uninterrupted, timely, secure or error-free, nor do we warrant the results that may be obtained from the use of the Service or the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any downloading of material and/or data or otherwise through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material and/or data.
14.9 We do not warrant any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated herein.
15. Severability clause
15.1 All rights and restrictions contained in this Agreement may be exercised and shall only be applicable and binding to the extent that they are not contrary to applicable law and shall be limited to what is necessary to prevent this Agreement from becoming illegal, invalid or unenforceable.
15.2 If any provision or part of any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, it is the intent of the parties that the remaining provisions or parts thereof constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or parts thereof shall remain in full force and effect.
15.3 In place of the invalid provision, the parties shall be deemed to have agreed upon a valid provision which comes closest to the purpose of the invalid provision.
16. Settlement of disputes
16.1 The formation, interpretation and performance of this Agreement and all disputes arising therefrom shall be governed by the substantive and procedural law of the Netherlands without regard to conflict of laws rules or choice of law and, where applicable, the law of the Netherlands.
16.2 The exclusive jurisdiction and venue for any action relating to the subject matter of this Agreement shall be the courts located in the Netherlands and you hereby submit to the personal jurisdiction of such courts.
16.3 You hereby waive any right to a jury trial in any action arising out of or relating to this Agreement.
16.4 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
17. Amendments and additions
We reserve the right to change this Agreement or its policies with respect to the Site or the Services at any time, effective upon posting an updated version of this Agreement on the Site. If we do so, we will revise the update date at the bottom of this page. Your continued use of the Site following any such changes will be deemed to be your acceptance of such changes.
18. Acceptance of these terms and conditions
You acknowledge that you have read this agreement and agree to all terms and conditions. By using the Site or its Services, you agree to be bound by this Agreement. If you do not agree to be bound by the terms of this Agreement, you may not use or access the Site or its Services.
19. Contacting us
If you would like to contact us to learn more about this agreement or if you would like to contact us, you can send an e-mail to firstname.lastname@example.org or write a letter to Aminoverse B.V, Daelderweg 9, 6361 HK Nuth, The Netherlands.
Last update: June 4, 2020.