General terms and conditions of LykonDX GmbH (T&Cs)

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General terms and conditions (T&Cs) of LykonDX GmbH, Managing Director: Tobias Teuber, Milo Nauseef, Andrew O'Connell, Schönhauser Allee 149, 10435 Berlin, Local court Charlottenburg, HRB 193238 (hereinafter referred to as “Lykon”).

 

 

1                 Subject matter of the contract, scope

 

1.1             The following general terms and conditions (T&Cs) apply exclusively in the version valid at the time of the order to all mutual claims arising from or in connection with a contract between Lykon and you in connection with the Lykon platform and the domain www.lykon.de or www.lykon.com.

1.2             Any terms which deviate from these are not recognised by Lykon, unless Lykon has explicitly agreed to their validity in written form.

1.3             Lykon operates an online platform under the URL www.lykon.de and www.lykon.com, where you can acquire over-the-counter, prescription-free medical products in the form of medical self-tests and health products and whereby Lykon, offers a platform for innovative diagnostic methods in the healthcare sector. Lykon activities comprise the development, marketing, and sale of health products and associated services. The products acquired from the Lykon platform can be used at home in order to carry out medical self-tests. If an analysis and/or evaluation in a laboratory is required, you can send the corresponding tests you carried out and the associated materials and substances directly back to Lykon. In such a case, please consider the package inserts and instructions for use. Every test kit has an online ID. If you log in to your user account in the Lykon platform portal you will be prompted to enter the online ID. This will link your user account with the online ID, activating the test for you. When carrying out and sending the test, only the materials and packaging included in the delivery must be used. Lykon will pass your test and the online ID on to a laboratory where the test can be analysed and evaluated. After the test has been analysed, the laboratory will send the results together with the online ID back to LykonDX GmbH, who will make these available in your user account. 

1.4             As well as providing the self-tests and their results, Lykon offers plenty of information relevant to the self-tests you carry out at www.lykon.de and www.lykon.com. This information will help you to better understand the results of your tests and will provide you with any necessary practical measures you can take in order to improve any unsatisfactory test results. This includes recommendations about foods you should avoid or eat more often, as well as general tips and information about how you can improve your health and wellbeing in both a general sense and with regard to more specific aspects.

1.5             For the purpose of the analysis and evaluation of the products you have acquired and self-tests carried out, as well as the provision of results and the aforementioned information in your user account, it is required that the respective laboratory cooperates with Lykon with regard to the relevant product, and provides Lykon with the data relevant to this analysis, and thus that both the laboratory and Lykon collect and process this data. The data will only be provided to the relevant laboratory with your online ID, and will not reveal any information about your personal data or yourself. Lykon will ensure that the relevant laboratory adheres to the valid laws and regulations by means of a contract which complies with the valid data protection regulations for the collection and processing of all data.

 

 

2                 Registration, newsletter

 

2.1             You have the possibility to create a user account on the Lykon platform by registering with your e-mail address and choosing a password.

2.2             You can activate your purchased test with the online ID in the user account. The user account is required in order to view the results of the analysis and evaluation as well as the additional information and recommendations provided by Lykon on the Lykon platform.

2.3             As part of the registration process, Lykon will send you a confirmation e-mail and will create a user account for you where you can manage and update your personal data and view the results of the analysis and evaluation of the products you have purchased and the self-tests you have carried out.

2.4             You can place orders on the Lykon platform without having a user account.

2.5             As the customer, you may choose to delete your user account at any time. To do so, please send us an e-mail to support@lykon.de. Your data will then be deleted as quickly as possible, provided Lykon is not legally required or entitled to continue storing it. In particular, this information will be used to fulfil the contract until the final contractually due service has been provided. You can find additional information regarding the use of your personal data in our privacy policy.

2.6             If you register on the Lykon platform, then you must enter all your personal information in a complete and truthful manner. It is your obligation to make sure that your personal access data is kept confidential and that you do not make it available to unauthorised third parties.

2.7             Our services are not available to underage persons. You must be at least 18 years old to create a user account on the Lykon platform.

2.8             You may only create one user account with Lykon. Lykon reserves the right to remove duplicate registrations and to send you a warning or delete your account if you are in breach of this clause.

2.9             In addition, you can sign up for the e-mail newsletter on the Lykon platform by entering your e-mail address. We will initially send you an e-mail with a confirmation link. The registration will be completed when you click on this link. You can find more detailed information about our newsletter in our privacy policy. You can unsubscribe from our newsletter at any time through a link on the newsletter, and every newsletter includes information explaining how to unsubscribe.

 

 

3                 Conclusion of the contract, contract modifications

 

3.1             On the Lykon platform, Lykon offers the sale of individual self-tests at the regular price as well as bundles comprising several self-tests at a reduced price. Furthermore, Lykon offers subscriptions and memberships whereby you can receive regular deliveries with a specified number of self-tests over a specified time period.

3.1.1         Subscription: You will receive a self-test every 3 months and will pay a reduced price each time a self-test delivery is due. Subscriptions generally begin upon the delivery of the first subscription self-test.

3.1.2         Membership: You will receive a self-test every 3 months over a fixed time period of 12 months, and you will pay a monthly membership fee. The entire sum of the paid membership fees over the period of 12 months totals less than the sale price for the 4 self-tests.

3.2             The presentation of the products on the Lykon platform is not a binding offer from Lykon to conclude a contract for the delivery of products and the execution of analyses and evaluations. On the contrary, you are given the option to submit a binding offer to purchase your selected product.

3.3             You submit this offer by carrying out the order process and then sending this offer by selecting the ‘buy’ button. Before sending the order, you can view, edit, or delete your order details at any time. To do so, you can use the page navigation button to go back to the pages and fields you have already filled in and change the entered information.

3.4             After placing an order, you will receive an order acknowledgement via e-mail to the e-mail address you specified during the order process. This order acknowledgement is not an acceptance of the offer, but rather information regarding the receipt of the order and a reiteration of the order details.

3.5             The contract for the delivery of products (and, if applicable, for the execution of analyses and evaluations including the provision of the corresponding results from Lykon) is concluded with the order confirmation or invoice. Acceptance of the offer is at the freely exercised discretion of Lykon. You are not entitled to acceptance of your offer or conclusion of the contract.

In particular, Lykon does not guarantee that the products or services offered on the Lykon platform can be delivered, acquired, or retrieved in any country outside of Germany.

3.6             Insofar as the analysis and the evaluation of the self-test purchased and carried out by you is not executed by Lykon itself but rather by a laboratory, then the analysis and evaluation will comply with the specifications on the package insert and instructions for use. You can view the results of the analyses and evaluations of the self-tests you have purchased and carried out by means of your user account on the Lykon platform, by activating your online ID and logging in using your access data. This will open a page which displays an overview of your self-tests. You can click on individual self-tests using your mouse to view the results.

3.7             For users of www.lykon.de the contract language is German. For users of www.lykon.com the contract language is English.

3.8             We will save the contract text and send you the order details via e-mail. You can view the T&Cs at any time: www.lykon.com/terms

 

 

4                 Right of revocation, return costs

 

4.1             According to §13 BGB (German civil code), a consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to their commercial or independent professional activities. The terms and conditions in this section apply to you insofar as you are a consumer as defined above.

4.2             The subscriptions and memberships which Lykon offers for ordering on the Lykon platform are purchase agreements for the regular delivery of similar products over a defined time period. The delivered goods will match in terms of their essential characteristics, whereby small deviations shall not be considered a defect.

4.3             If you exercise your right of revocation, you will have to bear the regular return costs.

4.4             Customers which exercise a right to reject in accordance with Section 20.22 of the Consumer Rights Act 2015, United Kingdom, shall also bear the cost of return or collection.

 

 

5                 Revocation instruction

 

Revocation instruction

You have the right to revoke this contract within fourteen days without providing reasons.

The revocation period is fourteen days from the day on which you or a nominated third party who is not a carrier received the goods or, if you receive similar goods within the scope of a regular delivery over a specified time period, it is the day on which you or a nominated third party who is not a carrier received the first product.

In order to exercise your right for revocation, you must contact us

 

LykonDX GmbH, Schönhauser Allee, 10435 Berlin, support@lykon.de – Fax: 030 - 220 122 391

with a clear explanation (e.g. a letter included in the post, telefax, or e-mail) for your decision to revoke this contract. You may use the attached sample revocation form for this, but using it is not mandatory.

To meet the revocation period, it is sufficient if you send us a notification of your desire to exercise your right of revocation before the revocation period has expired.

 

Consequences of revocation 

 

If you revoke this contract, we shall return all payments we received from you including delivery costs (excluding any additional costs which may have arisen if you chose a special type of delivery other than our cheapest standard form) promptly and at the latest within fourteen days from the day on which we received your notification regarding the revocation of this contract. For this repayment, we will use the same payment method which you used for the original transaction, unless we have explicitly agreed to a different method with you separately, but no fees will apply to this repayment in any case. We may refuse to carry out a repayment until we have received all the goods or until you have provided evidence to show that you have send the goods, whichever comes first.

 

You must return the goods to us promptly, on any account within fourteen days from the day on which you notified us of the revocation of this contract at the latest. The deadline will be adhered to if you send the goods to us before fourteen days have expired. 

 

You shall bear the direct costs of the return.

 

You shall only be liable to pay for any possible loss in value of the goods if this loss in value is attributable to you handling the goods in a manner that is not necessary to examine the properties, characteristics, or function of the goods.

If you have requested for a service to commence during the revocation period, then you must pay an adequate amount which is in proportion to the extent of the service already provided in comparison with the full coverage of the contract at the time you informed us of the revocation with regard to this contract.

 

Special instructions

There is no right of revocation for contracts which involve the delivery of goods which perish quickly or which have very short expiry dates, or for contracts which involve the delivery of sealed goods which are not suitable for return due to health or hygiene reasons if the seal was removed after delivery.

End of revocation instruction

 

Sample revocation form

If you wish to revoke the contract, please fill out the form below and send it to:

LykonDX GmbH, Schönhauser Allee, 10435 Berlin, Telefax: +49 (0)30 220 122391, support@lykon.de
I/we (*) hereby revoke the contract concluded by myself/ourselves (*) regarding the purchase of the following goods (*):

- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Date
*Delete as applicable

 

 

6                 Processing your revocation

 

6.1             The processes described below are independent of the effective exercising of your right of revocation and are not a prerequisite to exercise your legal right of revocation and in no way restrict this right.

6.2             Please avoid damaging or soiling the goods. If possible, please return the goods to us in their original packaging including all accessories and packaging elements. Should you no longer be in possession of the original packaging, please provide suitable packaging to avoid any transport damage.

 

 

7                 Prices; terms of payment, title retention

 

7.1             All the prices specified on the Lykon platform are final prices and include the respectively valid sales tax as well as any general fees (e.g. shipping costs). However, it is possible in specific cases that special arrangements apply to individual fees, particularly when it comes to delivery fees. In such a case, you will be informed of this accordingly, both directly through the product display on the Lykon platform as well as throughout the ordering process. For imported goods in countries outside of Germany, import charges and taxes may arise due to export restrictions, which you shall have to bear. You are responsible for the correct payment of any customs duties, taxes, or fees which may arise.

7.2             In the case of subscriptions, Lykon is entitled to reasonably increase prices after the expiry of a minimum term. Lykon shall inform the customer of this with an appropriate notice period in order to explicitly grant them the option to object to this price and cancel their subscription. Should the customer voice an objection, Lykon is entitled to cancel the subscription for cause.

7.3             The gross purchase price will be shown to you before bindingly completing the ordering process via the ‘buy’ button.

7.4             Lykon offers a variety of payment options (e.g. credit card), without being obliged to offer a specific payment method in the future. You can find more detailed information about each accepted payment method on the Lykon platform. Subscription deliveries can only be paid for via credit card.

7.5             The delivered goods remain the property of Lykon irrespective of their delivery status until full payment has been received.

 

 

8                 Terms for ‘purchasing on account’

 

8.1             We offer our customers the ‘purchasing on account’ payment method. This involves an assignment of claims to the transaction bank ‘net-m privatbank 1891 AG’ (hereinafter Bank).

8.2             Purchasing on account is only available to consumers over the age of 18. With this service, you can purchase goods via the internet and only pay after you have actually received the goods and the invoice.

8.3             The purchase contract for the goods is exclusively between you and us. The execution of the contract is also determined by the agreements you make with us. In particular, we are responsible for general customer questions (e.g. regarding the goods, delivery time, shipment), returns, complaints, warranty claims, any contract withdrawals, and credit notes. Should you choose the ‘purchasing on account’ method, these terms and conditions apply in addition to the agreements and T&Cs which you have agreed with us over the course of the purchasing contract.

8.4             We will assign our claim for payment of the purchase price against you to the Bank in order to process ‘purchasing on account’ payments. You are hereby informed of this assignment of claim. In order to be considered settled, all payments must be made exclusively to the account of the Bank nominated for this purpose. The goods remain the property of the Bank until full payment has been received.

8.5             payolution GmbH is the technical service provider and the agent to check your creditworthiness when purchasing on account (www.payolution.com).

8.6             Insofar as you have a special agreement with us or legal reasons to withdraw from the purchase contract, return the goods, assert a price reduction, or have other reasons to be fully or partially disobliged to make the payment, then the Bank shall transfer the claim against you back to us in such a case. You must then reach a final agreement with us regarding the payment or rescind the transaction.

8.7             Delayed payments when purchasing on account will result in default charges of a predetermined amount as well as costs for appropriate warnings. In the event of unsuccessful internal dunning, the bank can hand over the outstanding claim for debt collection to a collection agency. In such a case, you may incur costs for legal action taken by the collection agency and potentially for legal representation.

8.8             Should you choose the ‘purchasing on account’ option, you explicitly consent to have your personal data (first name, surname, address, e-mail, telephone number, birthdate, IP address, gender) as well as data required to process the transaction (product, invoice amount, interest rate, maturities, total amount, invoice number, taxes, currency, order date, and order time) transmitted to payolution GmbH in order to process this payment method. payolution GmbH has a legitimate interest in this data as it requires and uses it in order to carry out risk assessments.

8.9             In order to review the creditworthiness of the customer, queries shall be made and information shall be requested from publicly accessible databases and credit reporting agencies. By accepting these T&Cs, you expressly agree that credit information can be obtained from the following providers:

    • CRIF GmbH, Diefenbachgasse 35, A-1150 Vienna
    • CRIF AG, Hagenholzstrasse 81, CH-8050 Zürich
    • CRIF GmbH, Dessauerstraße 9, D-80992 Munich
    • SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden
    • KSV1870 Information GmbH, Wagenseilgasse 7, A-1120 Vienna
    • Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, D-22761 Hamburg
    • Creditreform Boniversum GmbH, Hellersbergstr. 11, D-41460 Neuss
    • infoscore Consumer Data GmbH, Rheinstraße 99, D-76532 Baden-Baden
    • ProfileAddress Direktmarketing GmbH, Altmannsdorfer Strasse 311, A-1230 Vienna
    • Deutsche Post Direkt GmbH, Junkersring 57, D-53844 Troisdorf
    • payolution GmbH, Am Euro Platz 2, A-1120 Vienna

    payolution GmbH will relay your bank details (particularly your sort code and account number) to SCHUFA Holding AG for the purpose of an account number verification. SCHUFA will first use this data to check if the bank details you have provided are plausible. SCHUFA will check if the data to be used for the inspection is saved in your database where applicable and will then relay the result of the verification to payolution Gmbh. No additional data exchange, disclosure of creditworthiness information, relay of deviating bank details, or saving of your data in the SCHUFA database shall take place for the purpose of the account number verification. Only the fact that your bank details have been checked will be saved by SCHUFA for evidence purposes.

    8.10           You also agree that payolution GmbH is entitled to save, process, or use data about possible non-contract-related behaviour (e.g. undisputed outstanding claims) or transfer it to the above-mentioned credit bureaus.

    8.11           By accepting these T&Cs, you acknowledge that we are legally obliged to verify your creditworthiness according to the regulations in the German civil code about financial assistance between businesses and consumers.

    8.12           You expressly agree that in the case of purchasing on account, we shall transmit order data (about you, purchase price) to payolution GmbH. Upon assignment of the purchase price claim, the receiving bank will carry out the aforementioned data transfers, and you expressly agree to this. We or the Bank to which the purchase price claim is assigned will also report data to payolution GmbH for non-contractual processing (e.g. enforcement measures). These reports can only be sent in accordance with data protection regulations so long as this is required for safeguarding justified interests of contract partners of payolution GmbH or of the general public, and your protectable interests are not compromised by this. payolution GmbH saves the data in order to provide its contract partners –who provide consumers with partial payments and other credit transactions – with information to assess the creditworthiness of customers. Address data can be relayed to companies who collect debts professionally and are contractually attached to payolution GmbH for the purpose of a debtor investigation. payolution GmbH only provides its partners with the data if they can plausibly demonstrate a justified interest in the data transfer. payolution GmbH only transmits objective data without bank information; subjective value judgements and personal income and financial circumstances are not included in the information provided by payolution GmbH.

    We would like to point out that you can revoke this consent to the data transfer at any time, even without giving reasons. However, the legal obligations for checking your creditworthiness mentioned above would remain unaffected by a revocation. Lastly, you also agree to exclusively provide us with information which is completely true. Should you wish to receive information regarding the use of your personal data, then please contact us at datenschutz@payolution.com.

     

     

    9                 Delivery; shipment costs

     

    9.1             Insofar as no other agreement has been made, the shipment of the goods will be carried out to the address you have provided.

    9.2             The route shall be determined by Lykon.

    9.3             Lykon is entitled to partial delivery. In the event of a partial delivery brought about or offered to you by Lykon, the subsequent delivery will be carried without shipment fees. In the event of a partial delivery specially requested by the customer, a shipment fee will be calculated for each partial delivery.

     

     

    10               Contract length; cancellation

     

    10.1           The contract for the establishment and use of the user account shall be valid for an indefinite period. You may cancel this contract at any time through a termination declaration send in text form, either in writing or via e-mail to LykonDX GmbH, Schönhauser Allee, 10435 Berlin, support@lykon.de.

    10.2           The cancellation of the user account does not include any registration made for receiving the newsletter or other Lykon updates. Should you wish to stop receiving this newsletter, you can unsubscribe from it at any time by clicking on the corresponding link included in every newsletter. For additional details regarding unsubscribing, please read the privacy policy.

    10.3           A contract made via a subscription offered on the Lykon platform is established for an indefinite period. The subscription can be cancelled by the customer or the seller at any time – but after delivery of the two first self-tests at the earliest – by sending a termination declaration in text form, either in writing for via e-mail. A cancellation which is not sent up to two days before the next regular shipment at 23:59 will only become effective after the next shipment date.

    The cancellation of a subscription does not affect the user account.

     

     

    11               Liability

     

    11.1           Lykon does not offer medical treatments or professional nutrition and health consultations at www.lykon.de or www.lykon.com. The information and recommendations provided on these sites are not medical advice. They only serve as general guidance which could aid you in improving your general health and wellbeing based on the results of the self-tests you carried out. The information and recommendations are not intended or suitable for diagnosing, treating, or preventing illnesses.

    11.2           Claims for damages for breach of duty or unlawful acts are excluded against Lykon and its vicarious agents.

    11.3           This liability limitation does not apply if the damage was caused intentionally or due to gross negligence, or if essential contractual obligations have been violated, i.e. obligations whose proper execution enables the performance of the contract in the first place, and whose adherence you may therefore normally rely on and whose violation would jeopardise the achievement of the purpose of the contract.

    11.4           This liability limitation shall also not apply to damage which involves loss of life, bodily injury, or damage to health if Lykon is responsible for the breach of duty.

    11.5           In addition, the limitation shall not apply to damages caused by the lack of an assured quality or for which provision is made under Product Liability Law.

     

     

    12               Place of jurisdiction

     

    The place of jurisdiction for all disputes based on or associated with the concluded contract is exclusively Berlin, if you are a merchant as defined in the German commercial code, a legal entity under public law, or a special fund under public law; furthermore, in the event that your domicile or your usual place of residence is moved out of the scope of the Code of Civil Procedure after the conclusion of the contract or is unknown at the time when proceedings begin.

     

     

    13               Other

     

    13.1           German law applies with the exclusion of the UN Sales Convention. For customers whose domicile or usual place of residence is in another EU country instead of Germany, any possible mandatory provisions of local law remain unaffected by the choice of German law as the governing law. 

    13.2           Should individual provisions of these General Terms and Conditions conflict with the statutory provisions and be ineffective, the provisions remain otherwise unaffected.

    13.3           Lykon is entitled to change these General Terms and Conditions with future effect, insofar as the respective changes to these General Terms and Conditions are acceptable to you. You will be notified of these changes or additions in advance in writing or via e-mail. Should you not object to these changes or additions in writing within six weeks of receiving the relevant notice, they shall apply as accepted by you. Lykon shall inform you more specifically about your right to object and the implications of silence at the time when the notice is sent.

     

     

    14               Dispute resolution for consumers

     

    The EU commission provides a platform for online dispute resolution (ODR). The ODR platform can be accessed via the following link:


    http://ec.europa.eu/consumers/odr


    Consumers have the option to contact the general arbitration board of Zentrum für Schlichtung e. V., https://www.verbraucher-schlichter.de, in order to resolve all disputes. Lykon is prepared to participate in dispute resolution procedures before this body.

     

    Dated: April 2018

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