Rockstar Trading B.V. General Terms and Conditions

Article 1. Definition

The following definitions apply in these General Terms and Conditions:

General Terms and Conditions: these general terms and conditions..
Rockstar Trading: the private limited company incorporated under Dutch law, with its registered office at Achtersloot 99, 3401 NT, IJsselstein, filed in the commercial register of the Chamber of Commerce under number 81980531, also trading as ‘Bringmytest’.
Client: all natural or legal persons who have entered into an agreement with BRINGMYTEST or who have been contacted or with whom negotiations have been carried out in this respect.
Service(s): BRINGMYTEST’s provision, sale and carrying out of Covid-19 antigen tests and Covid-19 PCR tests.
Agreement: agreements between Client and BRINGMYTEST concerning the Services provided or to be provided by BRINGMYTEST.
Quotation: a written offer from BRINGMYTEST for the sale and delivery of Services, including any supplements or amendments to it.
Party: Client and/or the BRINGMYTEST.

Article 2 – Scope of application

These General Terms and Conditions apply to all of BRINGMYTEST’s offers and to all Agreements between BRINGMYTEST and Client, to the exclusion of any other conditions.
Derogations from these General Terms and Conditions only apply if they have been expressly agreed in writing. Any agreed provisions deviating from these General Terms and Conditions will not entitle Client to apply those provisions to future Agreements. In addition to this, the remaining provisions of the General Terms and Conditions will remain in full force and effect.
Accepting a Quotation means that Client unconditionally accepts the applicability of these General Terms and Conditions.

Article 3 – BRINGMYTEST’s offers

BRINGMYTEST’s Quotations are subject to confirmation without obligation, unless expressly stated otherwise. Quotations lapse if the resources and materials required to implement the Agreement, including the necessary antigen tests or PCR tests, are no longer available in the meantime.
BRINGMYTEST cannot be held to its Quotation if Client should reasonably have understood that it contained a manifest mistake or clerical error.

Article 4 – The Agreement

An Agreement is considered concluded at the time that BRINGMYTEST has confirmed to Client by e-mail the request from Client for the purchase of a Service, or the appointment scheduled by Client via the BRINGMYTEST website. BRINGMYTEST is entitled to terminate this Agreement until the time it has provided the Service if Client fails to comply with the General Terms and Conditions or has failed to do so in the past.
After BRINGMYTEST has confirmed the appointment that Client has scheduled, Client is entitled to cancel the Agreement up to 24 hours before the scheduled appointment. In that case, Client will owe BRINGMYTEST €10 in administration and processing costs. If Client cancels the appointment less than 24 hours before the scheduled appointment, or if Client does not show up on time for the scheduled appointment, Client will owe the agreed price in full.
Cancellation by Client, as referred to in paragraph 2, must take place via the BRINGMYTEST website or via info@bringmytest.com.

Article 5 – The price

The prices specified in a BRINGMYTEST Quotation are including VAT. BRINGMYTEST reserves the right to change the prices and other costs mentioned above at any time.
If BRINGMYTEST agrees a price (fixed or otherwise) with Client, then BRINGMYTEST is nevertheless entitled to increase this price at all times if the increase in the price results from an authority or obligation under the law or regulations, or is due to an increase in the price of raw materials, wages (including changes to the CBA), transport and so on, or on other grounds that could not reasonably have been foreseen when the Agreement was concluded.

Article 6 – Payment

Payments will be made in the way agreed between the Parties. If no explicit method of payment is agreed, Client must pay in advance by way of an iDeal or credit card payment. Client is entitled to pay the agreed amount at the BRINGMYTEST premises by way of a debit card payment only after having received BRINGMYTEST’s express written permission.
Payment must be made without offsetting, discount and/or suspension.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of Client, BRINGMYTEST’s claims against Client will be immediately due and payable.
If Client does not fulfil his/her payment obligation, or fails to do so within the set payment term, Client will be in default. In that case, BRINGMYTEST is entitled – without prejudice to any previous or other statutory powers of suspension – to postpone fulfilment of the obligations entered into with Client until payment has been made or proper security has been provided in this respect.

Article 7 – Client’s obligations

Client will cooperate fully with BRINGMYTEST and give BRINGMYTEST all the information it requires and that is relevant for drawing up a correct Quotation and/or for the correct and timely implementation of the Agreement.
If it is necessary for the implementation of the Agreement, Client will ensure that there is free access to Client’s premises, building and/or location in good time. Client will ensure that there is a clean, safe and healthy working environment and he/she/it is obliged to warn BRINGMYTEST in time of any potentially hazardous situations.

Article 8 – Restriction of liability

Should BRINGMYTEST be liable, then this liability will be limited to what has been laid down in this provision.
Unless it concerns intent or gross negligence on its part or on the part of its managerial staff, BRINGMYTEST cannot be liable for damages related to information provided by it and the taking of the antigen tests, PCR tests, or any other tests and/or the results thereof. In particular, BRINGMYTEST cannot be held liable for any damages resulting from an incorrect, or wrong test result, or test result that is not delivered on time. By agreeing to these General Terms and Conditions, Client declares that he/she/it is aware of the possibility that the test result from an antigen test or PCR test may be incorrect or faulty, or may not be delivered on time.
BRINGMYTEST cannot be held liable for damages, regardless of their nature, arising because BRINGMYTEST’s assumptions were made based on incorrect and/or incomplete information provided by or on behalf of Client. It is Client’s responsibility to inform the responsible doctor about medical and other conditions that may affect the taking of the test.
If BRINGMYTEST is liable for any direct damages whatsoever, as a result of an imputable failure in the implementation of this Agreement, its liability will be capped attwice the invoice value of the order, or at least to that part of the order to which the liability relates, including VAT. BRINGMYTEST’s liability is in any event always capped at the amount paid out by BRINGMYTEST’s liability insurer for the case in question.
BRINGMYTEST cannot be held liable for indirect loss, including consequential damages, loss of profit, loss of savings, loss due to business interruption, loss due to loss of information, loss due to exceeding the terms as a consequence of changed circumstances, and loss due to information or advice given by BRINGMYTEST, the content of which is not expressly part of the Agreement.
BRINGMYTEST will always exercise due care when engaging third parties for the implementation of the Agreement. BRINGMYTEST is not liable for shortcomings on the part of these third parties.
A condition for any right to compensation that may arise is that Client reports the damages in writing to BRINGMYTEST as soon as possible after it occurs. Any claim for compensation against BRINGMYTEST will expire by the mere lapse of a period of two weeks after such a claim has arisen.
If Client is a consumer and one of the provisions in these General Terms and Conditions excludes the liability of BRINGMYTEST for a given case to a greater extent than is legally permitted, then BRINGMYTEST’s liability is excluded to the maximum permissible extent.

Article 9 – Force majeure

BRINGMYTEST cannot be held liable for any breach or delay in the implementation of the Agreement, or for any damages caused by this, if the failure or delay is due to force majeure.
Force majeure includes but is not limited to disruptions of or to the public infrastructure, strikes, epidemics and pandemics, government measures, civil commotion, fire, operational failures, power outages, unavailability of employees, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any permits to be obtained via government authorities. Force majeure also includes malfunctions in the telecommunications networks, other networks or connections or communication systems used or if the website is not available at any time.
BRINGMYTEST is entitled to suspend obligations under the Agreement as long as the force majeure circumstance continues. If it lasts longer than 90 days, either Parties is entitled to terminate the Agreement without being obliged to pay compensation.

Article 10 – Privacy

BRINGMYTEST only processes personal data in the context of the implementation of the Agreement, or on the basis of a legal obligation, a legitimate interest, or because the data subject has given BRINGMYTEST permission to do so and in accordance with its privacy statement and privacy regulations and legislation.
BRINGMYTEST will handle the personal data that Client has provided with due care. Only BRINGMYTEST can access this data and it is not disclosed to third parties, except in the context of the implementation of the Agreement and/or in cases in which BRINGMYTEST is obliged to do so by virtue of legislation and regulations and/or cases in which Client has given express permission for the provision of personal data to third parties.
BRINGMYTEST will ensure that there is an appropriate level of security when processing personal data.

Article 11 – Applicable law and dispute resolution

All legal relationships to which BRINGMYTEST is a party are governed exclusively by the laws of the Netherlands, even if an obligation is fully or partially performed abroad or if Client resides there. The applicability of the Vienna Sales Convention is expressly excluded.
Any disputes between BRINGMYTEST and Client will be submitted to the competent court in Amsterdam, unless a court in another town is competent on the grounds of mandatory legal provisions.

Rockstar Trading B.V., also trading as ‘Bringmytest’, works under the medical supervision of Dr Jan Sinnige, medical specialist, individual healthcare professional registration number 89911037901 & Dr Jayant Kalpoe, medical specialist, individual healthcare professional registration number 19053583401