These Terms and Conditions (hereinafter referred to as “Agreement”) apply to any purchase/order of our products and/or services ordered from us by you as a user through our corporate website http://www.homediq.com and include all services provided to you after a Homed-IQ product is purchased through the website, pharmacy, or (inter)national retailer where Homed-IQ products are available. Homediq Europe B.V. (“the Company”) is registered in the Netherlands, under KvK registration number 77050444, with registered headquarters located at Waaier 30b, 2451 VV in Leimuiden.
This agreement contains provisions that limit Homediq Europe B.V.’s liability to you. Please read this document carefully and completely, buying and/or using products and/or services from Homed-IQ constitutes acceptance of our Terms and Conditions.
The terms “you” and “user” refer to all persons and entities accessing or using the Homed-IQ website, products and services registered under Homediq Europe B.V.. In accordance with the provisions of the law relating to the Terms and Conditions and the Privacy Policy, access to and use of the Homediq Europe B.V. website, products and services is restricted to persons of legal age in your jurisdiction. Accordingly, when you register with Homediq Europe B.V., you expressly declare that you comply with this requirement and accept the consequences if proven false. If you cannot comply with the conditions in this paragraph, we strongly advise you not to register with Homediq Europe B.V.
Upon your confirmed use of the website, user and Homediq Europe B.V. expressly agree to and accept the Terms & Conditions & Privacy Policy contained herein.
DISCLAIMER MEDICAL ADVICE
Please note that the website, services, information, content and/or data (hereinafter referred to as ‘Information’) contained herein are for general guidance only. Homediq Europe B.V. does not provide medical advice on this website, nor are services intended to replace any form of medical advice. Medical expertise should only be provided by a licensed, trained physician or qualified/registered health professional. Nothing on this website is intended to establish a doctor/patient relationship, nor to override or replace the services of a recognised trained doctor or healthcare professional; likewise, this website is in no way intended to replace or substitute for any medical advice given by a doctor or trained healthcare professional.
- DEFINITIONS
ACCOUNT: The account managed by us in the user’s name to provide test information or contains information provided by user after user places an order for a product or service, registers.
ACCREDITED LABORATORY: The independent laboratory we partner with to provide diagnostic services for medical testing. The laboratories are ISO/IEC 15189 certified.
CONSUMER: This refers to the user as defined in consumer regulations.
CONSUMERS REGULATION: The European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 as amended from time to time.
GENERAL TERMS AND CONDITIONS: This document and any other documents incorporated by reference. The General Conditions also include amendments thereto.
CONTACT PAGE: The online page that can be used by a user to ask questions about e.g. a purchase or the testing process.
WINDOW PERIODS: The window period is the period from exposure to the time an infection becomes detectable in a person’s body by a test. Testing for the presence of possible infections (e.g. STIs and/or other bacteria and viruses) can only be carried out after the window period.
MEDICAL ADVISOR: A medical professional registered in the Netherlands/Belgium/Germany/Austria.
ORDER: The offer by a user to purchase products and/or services from Homediq Europe B.V.;
ORDER CONFIRMATION: A confirmation sent to you by us regarding your request to purchase the services and products described in your order. However, this does not yet constitute a confirmed order.
CONFIRMED ORDER: An order accepted by us, after we have emailed you the relevant invoice and after we have received full payment including VAT.
PASSWORD: A unique combination of letters and numbers required to access and use the website and personalised services.
PRIVACY STATEMENT OR POLICY: The privacy statement referred to on the website.
PRODUCT: A test sold by us that allows you to collect a blood, urine, stool, or saliva sample, or a vaginal or anal swab, among others.
REGISTRATION PROCEDURE: The procedure presented when a user clicks on the ‘Activate Your Test’ button on the website that allows the user to create an account and register the individual test.
SAMPLE: Means a blood, urine, saliva or other bodily material of the type required by the accredited independent laboratory to carry out the tests relevant to the product you order.
SERVICES: Includes all services offered by Homediq Europe B.V.
WEBSITE: Our website at http://www.homediq.com and where the required context includes all content on the website.
STI: In abbreviation for a Sexually Transmitted Infection.
TEST INFORMATION: The information provided by the accredited laboratory regarding a sample;
WE: Homediq Europe B.V. in the Netherlands;
You: the user of the website and the person placing an order for products and/or services as the context requires.
- PURCHASES, PAYMENTS, DELIVERY AND CANCELLATION POLICY
2.1 We cannot accept orders from users residing in countries not listed on our website or whose IP address is not in these countries.
2.2 You acknowledge when you visit the website and/or when you purchase any of the Homed-IQ products and services in the shop that you 1) are at least 18 years old; 2) reside in one of the countries to which we ship as listed on our website; 3) are using the Homed-IQ website under your name and not on behalf of anyone else; 4) do not allow anyone else to use the products, website and our services under your name, nor impersonate anyone else or attempt to conceal your identity; 5) access our website from an IP address in one of the countries listed on our website; 6) are the only person using the Homed-IQ website, our products and services for your own benefit and not offering services to others.
2.3 Our ordering process requires, among other things, that you provide a relevant delivery address and confirm that the test information should be made available to you in your secure account environment on the Homed-IQ website.
- ORDERS AND AVAILABILITY
3.1 All our products and services are subject to availability. If a product and/or service is unavailable, we will inform you as soon as possible by phone, email or through the shop staff.
3.2 After you place an order with us for the product and/or services through our website, you will receive an email confirming that we have received your order. All purchase orders are subject to acceptance by Homed-IQ and we are under no obligation to accept any order whether or not it has been confirmed by us. Orders are binding (i) when we send you the invoice following the order; (ii) when we have charged your credit card or any other payment method accepted by us (‘order confirmation’). You should check the invoice immediately and notify us of any inaccuracies. This can be done directly via e-mail to [email protected]; if there is no response, the details on the invoice will apply to your order.
3.3 We reserve the right to inform you before the delivery time if a product is not available. You have the option to cancel your order and receive a full refund.
- PAYMENT FOR OUR PRODUCTS & SERVICES
4.1 When you buy a product and/or services online, the price includes the following: the delivery of the product to you, the shipping costs to you and to return to the lab, as well as the provision of testing services by the laboratory and the provision of testing information to you online, by mail or by phone (provided that you have submitted the sample to the laboratory in a timely manner in accordance with what is stated in the Terms and Conditions). When you purchase the product and services from one of the pharmacies and/or retailers, the price you pay to the said party for the product is also the price for the testing services by the laboratory, the return shipping costs and the provision of test results by us to you online, by mail or by phone.
4.2 The end-user agrees to pay in advance and in full the purchase price, VAT (if applicable), freight charges and other costs related to a confirmed order.
4.3 The payment method you have specified will be verified. In case it is invalid or otherwise not acceptable, your order will be suspended or cancelled. It is your responsibility to resolve any problem we encounter in placing your order. Please note that it is your responsibility to use the payment method indicated and that you authorise us (or our third-party payment processor) to charge your payment method for the full amount of your order.
- THE DELIVERY PROCESS
5.1 We aim to ship the product to the delivery address provided to us within a maximum of three to four working days after the order confirmation. If the delivery address is changed after we have sent you the order confirmation, the product will be delivered to the original address.
5.2 Delivery dates consist of (i) the delivery date of the product; (ii) date for providing test information. The delivery date we advise in an order confirmation is approximate. Homed-IQ shall not be liable for damages resulting from failure to meet scheduled delivery dates or for failure to report any delays.
5.3 Product-related risks pass to you once the product is delivered to the delivery address specified in the order confirmation.
5.4 Please send an e-mail within seven days of receiving the product if you received the wrong products, faulty/damaged products or possibly missing items. You can contact [email protected] and include at least the following information found on the order confirmation:
– The Homed-IQ product code
– Order ID of the missing or defective item(s)
After this, we will send you a replacement product as soon as possible. It is important that you do not use the product if it is damaged, defective, or if certain items are missing from the Homed-IQ test kit.
- CANCELLATION
6.1 In accordance with local legislation, you have 14 days from the day you purchased the product to cancel without giving any reason. After 14 days, the right to cancel expires.
6.2 Within the accepted withdrawal period, inform us of your decision to cancel by post or email at [email protected]. You must then return the product to us (within 14 days of informing us of your decision to cancel). The return of goods is at your own expense.
Only if you purchased the product in one of the affiliated retailers do you have the right to return the product to the shop within 14 days.
6.3 We will only refund payments received from your purchase if it is cancelled within 14 days of receipt of the product. We will reimburse you using the same means of payment you used for the initial payment, unless you have expressly agreed otherwise; in any case, no fees will be charged as a result of such a refund. As previously mentioned, however, the costs of returning the product will be at your own expense.
- OUR SERVICES
7.1 In case you receive the product by post or buy the product in store from one of the pharmacies and/or retailers, you should do the following: register the test online and link it to your personal account. If you do not register the test, you will not have access to your personal test information and will not receive a test result. You hereby acknowledge and agree that you must follow the procedure stated in our Terms and Conditions to use the services offered by Homed-IQ. Registering with us and creating an account is an essential requirement to provide our services.
7.2 Homed-IQ does not guarantee that the tests performed and the resulting test results as part of the Services will be 100% accurate due to the nature of the tests performed. For example, please note that certain sexually transmitted infections and/or other conditions may remain undetectable for up to even several months after infection.
7.3 The user acknowledges that test results provided by Homed-IQ do not constitute a definitive diagnosis. There are a small number of cases where false-positive results and false-negative results may occur. There is a small risk of false positive and false negative test results with any medical test, including tests performed in hospitals and clinics. A false positive result means a biomarker was detected, which is not in fact present. A false negative result means the test failed to identify a biomarker that is in fact present.
Keep in mind that a person with a negative, non-reactive, or undetected test result may still have an infectious disease. At the same time, a person with a positive, reactive, or detected result may be free of infectious disease. Therefore, we strongly recommend that all positive, reactive or detected results are verified by a licensed physician. Take the lab report found in your test result to your doctor. The doctor will determine, based on his/her medical judgment, whether a confirmatory test is necessary. Homed-IQ is not liable for costs associated with confirmatory testing. Should we decide to expense a customer, it will be to the maximum of the purchase price of that particular test and nothing more.
7.4 You acknowledge that the test result does not constitute a definitive diagnosis. For example, a person with an elevated PSA value may not have prostate cancer or another form of prostate disease. A person with a normal PSA value may also have prostate cancer or another form of prostate disease. Abnormal or elevated PSA test results require follow-up testing by a qualified doctor. The same may occur with any other test offered by Homed-IQ.
The Services are limited to the services as defined in Section 1 (Definitions). If you require medical advice or counseling in addition to the Services, you should seek the advice of your physician or other licensed healthcare professional. In some events, an employee of Homed-IQ may contact you regarding a test result, Product or Service. Such contact, and any discussions relating to it, are provided as a courtesy and not as part of the diagnosis or treatment of any disease or to be considered the practice of medicine, nursing, or any other profession. In all events, seek the advice of a licensed clinician should you have any questions about tests or test results.
7.5 Our services are limited to those defined on the website. If you need specialist help or advice in addition to the existing services, unfortunately we cannot help you further.
7.6 Any failure to comply with your obligations as set out in this clause shall be entirely your responsibility.
7.7 By using our products and/or services, you warrant and confirm that you are legally able to enter into binding contracts and that you are at least 18 years old.
7.8
– Low, normal, or high test result values do not constitute a definitive diagnosis and follow-up tests performed by a medical professional are required to form a definitive diagnosis for all tests.
– The window period is the period from exposure to the time an infection becomes detectable in a person’s body by a test. Different viruses and infections have different window periods and can take several months or longer to become detectable. For example, HIV virus can take 30 to 90 days to become detectable, while other viruses such as Hepatitis B and Hepatitis C can take more than 180 days to become detectable. Window periods can vary and it is recommended to retest if: 1) you tested before the relevant window period has passed (from the time of potential exposure until the time you did the test); 2) if you suspect that an infection has subsequently developed; or 3) if you may have been exposed to another infection in the meantime.
You agree:
– To closely follow the steps in the user manual and/or available video instructions included with the product, and then return the sample within the timeframe set out in clause 8.1.
– To provide us, when requested, with such information or proof of identity as we may require from you from time to time under applicable law.
– To provide us with information that may affect test results to the best of our knowledge.
– To use the website, products and services only for lawful purposes and in accordance with these Terms and Conditions.
In addition, you further agree not to make any complaint or ask any questions in response to these Terms and Conditions, not to insult or frighten any of our employees or those of the accredited laboratory or harass any of our employees. You also agree not to use the products and/or services for resale or in any way that violates applicable local, national, or international laws or regulations. You acknowledge and agree that when you place an order for services through this website including purchasing one or more products through affiliated retailers, you have selected the products yourself and have not received any advice from us.
- SUBMISSION OF TEST MATERIAL
8.1 When sending in the test material, please note that you must fill the test tube to the line indicated. The same applies to all tests that may require different amounts of sample. If you do not provide enough test material, you will not receive a result. A simple step-by-step process can be found in the instructions for use. Please read this carefully to ensure that you go through the steps of the testing process properly and successfully. For the vaginal test, as with all other products, please read the instructions for use carefully. Then, after collection, place the test sample in a prepaid envelope or a stamped return box and send the test package to the laboratory immediately (read: immediately after collection). You are requested not to add a Track & Trace as this will significantly delay the shipment to the laboratory.
- SETTING UP YOUR ACCOUNT
9.1 To obtain test results, you must have created an account on the website and activated the test using the unique ID code clearly indicated on the product.
9.2 The user agrees to create only one account with us through the website and not to duplicate a user account. When you create an account with us, you agree to provide the correct contact details and answer the questionnaire carefully as these are used to support our medical team.
9.3 To create an account, go to ‘login’ at the top right of the website homepage. Follow the steps and provide details when prompted. It is vital that you provide us with correct and complete details and that you notify us as soon as these details change in the meantime.
9.4 To register an individual test kit, log in to your existing account or create a new account. You can then activate your test by entering the unique test ID code. You can also activate your test by clicking directly on the ‘Activate Your Test Kit’ button and following the steps described.
9.5 To check how we process your personal data, you should read our Privacy and Cookie Policy. These can be found at the bottom of the website.
9.6 To register with us, you must enter a password. You are responsible for ensuring that the password you have chosen is kept confidential, is not disclosed to others, and is used only by you.
9.7 In addition to being responsible for a strong password, you will also be held responsible for: (i) all transactions or activities carried out using your account and password; (ii) ensuring that the system you use to access the Homed-IQ account is secure and is not left unattended unless you have completely abandoned the account and that your password cannot be retrieved from the system by others.
9.8 If you know or suspect that your account or password is known to a third party, you must notify us immediately. If you fail to do so, you will be personally liable and fully responsible until you notify us. We will not be liable to you or any third party if any email we send you or information we inform you about (through your account) is seen or received by or accessed by third parties. This includes any emotional stress caused to you or a third party because the third party is aware that we have sent you communications or test results.
- TEST INFORMATION
10.1 You will receive an e-mail and/or text message notifying you when the test results have been made available to you in your account. The test results will be in plain language so that you can easily understand their content. If your test result is negative or non-reactive, please refer to section 7.8 of these terms and conditions and the website on the possible relevance of window periods.
10.2 A confirmatory test from a qualified doctor is necessary if you have received a positive, reactive or detected result. You should contact your doctor for this.
10.3 With regard to a user whose test information indicates a positive, reactive, detected, or elevated result, we advise the user to contact his or her GP.
10.4 If you purchase products and services and receive test information within an infectious disease window period relevant to you, regardless of the test information, you will need to retest through us or through your GP. If you have any concerns about the test and/or the test result, please consult us or your own doctor.
11. BULK PRODUCT DISCOUNT
11.1 Orders of two or more products will receive an automatic 5% bulk discount at checkout. This discount does not apply to products that are on sale, and cannot be combined with other promotions or coupon codes.
12. DISCLAIMERS AND EXCLUSION OF LIABILITY
12.1 We, our affiliates and their respective directors, employees and suppliers, make no warranties or representations about the content (including user content) of the Homediq Europe B.V. website, goods and purchases, including but not limited to their accuracy, completeness, timeliness or reliability.
12.2 You, the consumer, “user” have certain legal rights. The disclaimers, exclusions and limitations of liability under these Terms and Conditions do not apply to the extent prohibited by applicable law. Nothing in these Terms and Conditions shall attempt to exclude or limit liability that cannot be excluded under applicable law.
12.3 The products and services are provided “as is”, without warranty of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third party rights and fitness for a particular purpose.
12.4 In addition to the warranty disclaimers set out above, permitted by law, in no event shall we be liable for any indirect, consequential, special or incidental damages, including damages for loss of data, loss of reputation, loss of profits, loss of emotional well-being caused by the test information/results, or losses suffered by any third party, arising out of or in connection with the products and/or services offered by Homediq Europe B.V., even if we knew or should have known of the possibility of such damages.
12.5 In no event shall the total liability arising from or relating to the Homed-IQ products, whether in contract or otherwise, exceed 100% of the amount you paid for the Homed-IQ products and services.
12.6 Non-compliance with your obligations or commitments set out in the General Terms and Conditions shall never cause us to be in breach of any provision of these General Terms and Conditions.
12.7 Homediq Europe B.V. is not obliged to provide the Services if you have not followed the instructions regarding ordering, using the products, providing a test sample and returning the sample in accordance with these General Terms and Conditions.
12.8 The images of a product on our website may differ from the actual product and/or specification. We accept no responsibility for any discrepancy in this regard.
12.9 The provisions of this clause shall remain in full force and effect after the expiry or termination of this agreement.
13. GENERAL LEGAL PROVISIONS
13.1 In no event shall Homediq Europe B.V. be liable or responsible for any delay in the performance of, or failure to perform, any obligation under these Terms and Conditions or under any order caused directly or indirectly by any cause beyond our reasonable control.
13.2 The construction, interpretation and application of these Terms and Conditions shall be governed by the laws of the Netherlands. By using our website and in respect of any dispute arising herefrom, you agree to submit to the exclusive jurisdiction of the Dutch courts. Provided that nothing in this document shall deprive you of your right under relevant consumer protection laws to bring proceedings in the country where you reside.
13.3 Any failure or delay in enforcing any of these Terms and Conditions on our part shall not constitute a waiver of our rights against you and shall in no way affect our right to demand performance thereof.
13.4 To enable us to provide the Services to you, we may subcontract or delegate the provision of the Services to any entity providing Services to us. No subcontracting or delegation relieves us of our obligations under these Terms and Conditions.
13.5 At the time you communicate with us electronically when you use the website or send us an e-mail, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically comply with all legal requirements that such communications be in writing.
13.6 If any part of these Terms and Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof shall be deemed not to form part of the contract between us. The legality, validity or enforceability of the rest of these Terms and Conditions shall not be affected.
These Terms and Conditions were last amended on 9 August 2024