Terms of Service
General terms and conditions and customer information
I. General terms and conditions
§ 1 basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (DiaPat GmbH) via the website www.diapatshop.com. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneur is any natural or legal person or a legal entity
Partnership that acts in the course of a legal transaction in the exercise of its independent professional or commercial activity.
§ 2 conclusion of the contract
(1) The subject of the contract is the sale of DiaPat®Tests (goods).
Our offers on the Internet are non-binding and are not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed on the order overview page. Before you send the order, you have the option to review all the information here, change it (also via the "back" function of the Internet browser) or cancel the purchase.
By submitting the order using the button "order with payment" you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2-3 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 warranty
(1) There are statutory liability for defects.
(2) As a consumer, you are asked to immediately check the goods for completeness, obvious defects and damage in transit and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
§ 5 choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
§ 6 Basic Provisions II.
(1) About the contract
The contracting parties conclude a contract for the provision of in vitro diagnostics from the body fluid sent to them. The collection of the individual proteome (raw data) from this body fluid is compared with the clinically validated protein pattern using software and the disease-related deviations are determined.
If the results of previous DiaPat® analyzes are already available, further measurements and a comparison of the results can be used to determine how the respective disease has developed or how certain therapies, in particular drug treatments, have an effect on the respective disease.
The measurement data and findings obtained during a DiaPat® analysis are saved and enable comparison with measurements carried out later. The storage and comparison are carried out in the database of the mosaiques diagnostics and therapeutics AG, the rights holder.
Because of the complex procedure, the sampling and filling out of the medical history questionnaire must be done very carefully. A doctor should clarify the possible findings and other therapeutic measures.
In detail, the parties agree:
(2) DiaPat services
DiaPat GmbH is committed to taking a protein measurement to create a clinically validated protein pattern for diagnosis by a doctor. The patient receives:
a DiaPat® with an assessment of this protein pattern for its relevance as a clinically validated bio-marker of the disease described above, if necessary a comparison of the disease development with previous test results and a therapy evaluation.
The DiaPat test contains a sampling set.
In order to enable later longitudinal comparisons with regard to the course of the disease, the anamnesis data and the results of the DiaPat® analysis are stored in a pseudonymized form in a database of the mosaiques diagnostics and therapeutics AG and are only accessible to the patient or the doctor authorized by the patient on request.
For the protein pattern analysis, an extended medical history service may be required to clarify the interrelated disease processes and to determine individual therapeutic measures. This scientific achievement is paid by DiaPat GmbH to the doctor for the comprehensive pre- and post-anamnesis and is included in the price for the DiaPat®.
(3) Sending the DiaPat test
3.1. The sample set is sent to the attending doctor or directly to the patient. After sampling, the sample set with the contract is sent to DiaPat GmbH, Rotenburger Strasse 20, 30659 Hanover.
(4) Requirements for the provision of services by DiaPat GmbH
4.1 The patient undertakes
a) carry out the sampling exactly according to the procedures specified by DiaPat GmbH (see instructions for use of the test set),
b) enclose the completed medical history questionnaire and the copy of the patient contract envisaged for DiaPat GmbH,
4.2. If one of these requirements is not met, DiaPat GmbH has the right to suspend or not to carry out the DiaPat® analysis and evaluation of the results.
4.3. If the sample is not provided professionally and / or if the sample was not carried out exactly according to the instructions for taking the sample according to the enclosed leaflet, without DiaPat GmbH being able to clearly recognize this when taking the sample and performing the measurement, there is no right to one further measurement free of charge.
4.4 If it is obvious and evident that transport damage has occurred and the sample cannot be used, a measurement will not be taken and asked to send another sample.
(5) Evaluation and reporting of findings
5.1. The results of the DiaPat® analysis acc. § 1 will be sent to the treating doctor named by the patient or can also be delivered to the patient himself if expressly requested.
(6) Storage of data, data protection
6.1. All personal data, in particular the information on the patient's medical history and the results of the DiaPat® analysis are subject to absolute secrecy in the sense of medical confidentiality. The duty of confidentiality continues even after the termination of the contractual relationship.
6.2. DiaPat GmbH is authorized to store the medical history data from the patient questionnaire, the results of the analysis and the evaluation pseudonymized in a database of mosaiques diagnostics and therapeutics AG (holding company of DiaPat GmbH).
6.3. The patient expressly agrees that his anamnesis and the results of the DiaPat® analysis in anonymous form, which does not allow any conclusions to be drawn about himself, have been submitted by mosaiques diagnostics and therapeutics AG for the purpose of scientific research and the development of new DiaPat® Analyzes can be used without time and space restrictions.
6.4. DiaPat GmbH undertakes to comply with the relevant data protection regulations, to commit mosaiques diagnostics and therapeutics AG to compliance and to check or have compliance checked from time to time.
6.5. Should third parties, in particular government bodies, request this data, it may only be given with the patient's consent and for relevant legally binding reasons, for example to prevent danger according to the Infection Protection Act or the like. Otherwise DiaPat GmbH and / or mosaiques diagnostics and therapeutics AG may only take action if all legal steps against the disclosure of the data have been exhausted. The patient must be informed accordingly of these processes.
7.1. DiaPat GmbH creates a protein-based protein pattern (DiaPat®) for the detection of diseases on a molecular basis. The medical interpretation of the diagnosis and the therapy decisions based on it are exclusively medical treatment activities and can only be carried out by a doctor. They are not subject to direct or indirect influence from DiaPat GmbH. Liability for any consequences, for example in the context of pharmacological therapy or other therapeutic measures, is expressly excluded.
7.2. A sufficient amount of biochemical information (proteins / peptides) in the urine sample sent in is required for the informative measurement of the DiaPat® test. Sampling should only be carried out in accordance with the instructions for use. An informative measurement by DiaPat GmbH can only be carried out if the patient takes a sample exactly according to this leaflet. It is important that only the intended amount is poured into the dispenser cup and pulled onto the Monovette. DiaPat GmbH is not liable for the measurement effort and the fee to be paid if there is no informative measurement.
7.3. Prostate patients need to be able to develop ejaculate. If this is not possible or only possible to a limited extent or if there is no certainty about this, the doctor must perform a prostate massage before giving out the urine. The PCa-PROteom test with a PSA value below 2 ng / ml may only be meaningful to a limited extent, since the scientific studies were only carried out with higher PSA values.
7.4. The instructions in 7.3 refer only to the PCa-PROteom test for the diagnosis of prostate cancer from primary radiation urine.
(8) Other provisions
8.1. Dispatch of the report
When entering your contact details, please tick the "Delivery address" box below and enter the name and full address of your general practitioner or treating doctor. The report of the results of your test will be sent to your family doctor or treating doctor. If you would also like to receive a private copy of the report, please let us know in writing. For all other cases, we ask you to contact us.
8.2. The treating physician named by the patient in the medical history questionnaire can act as an intermediary for the service that DiaPat GmbH has to provide for the patient.
8.3. The named doctor can also act as a representative of the patient for DiaPat. The doctor is not liable for the payment towards DiaPat GmbH.
8.4. This contract is subject to German law.
8.5. The place of jurisdiction is Hanover.
8.6. The place of performance is the headquarters of DiaPat GmbH.
(9) Severability clause
Should any provision of this contract be or become invalid, the validity of the contract will not be affected. Instead of the ineffective provision, an effective provision is deemed to have been agreed which comes closest to the one economically desired by the parties. The same applies in the event of a loophole.
II. Customer information
1. Identity of the seller
Rotenburger Strasse 20
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform)
ready, available at https://ec.europa.eu/odr
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction take place in accordance with the regulations "conclusion of the contract" of our general terms and conditions (part I.)
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment modalities
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you, unless free shipping is promised.
International customers are subject to individual additional shipping cost depending on the Country they are living in. These additional shipping costs have to be added to the Invoice. We will inform you about the additional shipping cost just after you placed your order and will send you the adjusted Invoice for payment. Please do not pay before you receive the adjusted Invoice from us. For further details please see the "Payment & Shipping" tab.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you
have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were created by the lawyers of the retailer association who specialize in IT law and are constantly checked for legal conformity. The Dealer Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this
last update: 06.11.2019