Terms and Conditions (GTC)
Terms and Conditions
The company Medicross Group GmbH, Heuriedweg 20, 88131 Lindau (Lake Constance), Germany, provides its contractual services exclusively within the framework of the following Terms and Conditions.
For legal reasons, we must expressly advise against using the test results as a reason for taking medical measures yourself, such as self-medication or stopping ongoing therapies, without having first consulted a physician. Always consult your physician or healthcare professional if you suffer from any disease and/or experience symptoms. Never disregard professional medical advice, and do not delay a consultation. Any probable or potential exposure/nutrient requirements/allergies/intolerances identified by the test must be discussed with a qualified physician or nonmedical practitioner. When changing your diet, we also recommend to first consult a physician. The method employed in this test is attributed to complementary/alternative medicine and performed by means of computer-controlled Bioresonanzimpulse measurement.
– Our micronutrient analyses/intolerance tests are not medical products.
– Customers are fully responsible for their own actions. No liability is assumed for financial/personal damages.
– Our measuring method is currently not recognized in traditional medical science.
– Our micronutrient analyses/intolerance tests do not replace a medical diagnosis by a physician or nonmedical practitioner, nor can they replace medical treatment.
– Only physicians are authorized to make a diagnosis.
Our evaluation of the incompatibility test is designed in such a way that all parameters which did not react above the threshold value are hidden. In this way, your result can be presented clearly and concisely. There is no right to view the complete parameter list.
IF YOU BELIEVE IT IS A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR THE EMERGENCY NUMBER IMMEDIATELY.
§ 1 General information and scope of application
Medicross Group specializes in the complementary testing of human and animal hair and saliva samples as well as in the sale and procuration of products including nutritional supplements and care products.
The contractual services of Medicross Group consist of:
a) Carrying out complementary micronutrient analyses and allergy/intolerance tests.
b) Possibly the arrangement of nutritional concepts by physicians, nonmedical practitioners, ecotrophologists or other qualified persons.
c) The procuration of individually manufactured blends of micronutrient supplements/products in the field of dietary supplements.Medicross Group is not responsible for services provided by consultants/parties involved for whom Medicross Group is acting solely as an intermediary. In particular, these include pharmacies that manufacture blends of nutritional supplements, dietary supplements etc. The same applies to any services beyond the scope of the contractual agreement which are provided by consultants or other persons specified in § 1 b), who are directly working for the customer outside this agreement within the framework of an individually requested separate consultation. The persons working for Medicross Group or those involved in arranging the preparation of nutritional concepts, physicians, nonmedical practitioners etc. are not authorized to verbally agree on deviations from these contractual Terms and Conditions. Any additional verbal agreements to this contract between the parties must be documented in writing as evidence.
§ 2 Contractual relationship, costs, further services
a) The contractual relationship between Medicross Group and the customer is established when Medicross Group receives the customer’s order to carry out a micronutrient analysis or an intolerance test by sending a hair or saliva sample.
b) The gross price stated in the form includes the laboratory costs of the complementary analysis as well as the graphic representation of the test results. For further consultation, support and possibly formulation, additional costs are incurred. The costs for dietary supplements that have to be individually prepared for the customer by a pharmacy at the customer’s request are not part of this contract and are not included in the price.
c) Insofar as further individual consultation by physicians, nonmedical practitioners etc. takes place, which goes beyond the contractually stipulated services, separate costs are incurred, which depend on the individual service being provided. This service is then provided independently and for the account of the respective consultant from among the persons named in § 1 b), but under the professional supervision of a physician, and is not connected with the service offered by Medicross Group.
§ 3 Liability
a) The method employed by Medicross Group belongs to the field of holistic complementary medicine and provides an additional diagnostic and therapeutic
option for the physician, nonmedical practitioner or other persons mentioned in § 1.
b) Any liability for an incorrect test result and for erroneous advice is excluded. Exempt from the limitations of liability, exclusions of liability and exclusions of liability for damages is the liability of Medicross Group for intent and fraudulent intent. The limitations and exclusions of liability do not apply to the liability of Medicross Group for damages resulting from injury to life, limb or health due to an intentional or negligent breach of duty by Medicross Group. Furthermore, the limitations and exclusions of liability do not apply to the liability of Medicross Group for other damages resulting from an intentional or grossly negligent breach of duty by Medicross Group. An intentional or grossly negligent breach of duty by Medicross Group is deemed equivalent to an intentional or grossly negligent breach of duty by a legal representative, agent or the persons mentioned in § 1 b).
§ 4 Data storage and data security
a) The customer agrees that their personal and health-related data provided by them may be stored by Medicross Group, but only to the extent that the data storage is required for the processing of the analysis and the arrangement of the nutritional concept by physicians, nonmedical practitioners or the persons mentioned in
§ 1 b).
b) The collected data will be stored and processed in accordance with the German Bundesdatenschutzgesetz (BDSG, federal data protection act).
c) Medicross Group has the right—which can be revoked at any time—to send its own advertising mailings to the addresses provided by the customer, in particular the e-mail addresses of the customer.
d) Medicross Group guarantees the customer that customer data and addresses will not be shared with other companies for advertising or other purposes. Excluded from the foregoing is the transfer of data to any consultants and particularly pharmacies possibly involved for the purpose of advising or manufacturing blends of micronutrient supplements/products.
e) Medicross Group guarantees the customer absolute discretion, which applies in particular to personal information provided by the customer when ordering a micronutrient analysis.
f) The customer has the right to information at any time regarding which data Medicross Group has stored about them.
g) The customer receives their results by email to the provided email address.
§ 5 Copyright
All indicated and published texts, graphics and scripts of Medicross Group are protected by copyright and must not be further used or passed on, in whole or in part, without the written permission of Medicross Group. Medicross Group reserves the right to assert claims for damages in the event of non-compliance with copyrights.
§ 6 No right of revocation
a) The customer is expressly informed that the customer does not have a statutory right of revocation, as all contractual services are individually tailored to and created for the customer. A contractual right of revocation and return has not been agreed.
b) (c) The measuring method on which the offer is based is in principle not subject to complete reproducibility. Therefore, the provider may carry out a new measurement with a newly taken hair sample at the earliest three (3) months after the last measurement. Tests ordered earlier may be rejected without giving reasons. Contradictory and/or deviating results of two time-delayed measurements for the same test person are in particular no reason for the test person to cancel the order. In this regard, no liability whatsoever is accepted.
§ 7 Place of jurisdiction
The sole place of jurisdiction is Kempten (Allgäu), Germany.
§ 8 Severability clause
If a provision of these Terms and Conditions and/or the contract is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any of the remaining provisions. The ineffective provision shall be replaced by an effective provision that comes as close as possible to the purpose of the agreement, to which the parties would have agreed upon to achieve the same economic result if they had been aware of the ineffectiveness of the provision. The same applies correspondingly to any incompleteness of provisions and/or the contract.
Lindau, August 2018