General terms and Conditions
Background
DRUGTESTING.eu (DTEU) offers chemical testing services to the public to reduce potential harm as well as identifying fake or illegal substances or preparations on the market. DTEU aspires to help patients all over the globe in detecting fake medicines and sparing lives and healthcare expenses in the process.
DTEU offers both qualitative as well as quantitative chemical analysis of unknown and unidentified substances and preparations. Whether it comes in the form of tablets, capsules, powder, or liquids DTEU has the instrumental tools and knowledge to detect what is hidden on a molecular level.
Falsified substances or preparations are hard to detect as they often appear identical to the genuine product, however, these pharmaceuticals are often produced in very poor and unhygienic conditions by unqualified personnel, may contain unknown impurities and can be contaminated with bacteria.
By placing the order, the Customer understands and agrees as it follows:
The Customer is in possession of a certain unidentified substance and/or preparation in the form of tablet, capsule, powder, or liquid and wishes to identify and/or confirm the composition of that substances and/or preparation.
By placing the order and sending the substance or preparation, the Customer appoints DTEU to perform this analysis and DTEU agrees to analyze such unidentified substance and/or preparation according to the Terms and Conditions below.
The Customer understands and agrees that in order to receive these services, he/she shall send a certain amount and/or sample of the substance that he/she wishes to analyze and will need to disclose certain personal data to DTEU.
The substance and/or preparations shall be sent to DTEU according to the instructions in the purchasing order.
The personal data will be handled according to the applicable Data Protection principles, including GDPR as described in this Terms and Conditions.
The terms below apply to the assignment and analysis ordered by the Customer via DTEU electronic ordering procedure.
Disclaimer
The Customer appoints DTEU and DTEU agrees to, perform the analysis of the substance or preparation in a timely manner and according to these Terms and Conditions.
DTEU shall perform the assignment in a professional manner that can reasonably be expected of a leading operator in the field covered by the assignment and in accordance with these Terms and Conditions.
The Customer understands and agrees that DTEU shall:
- perform the Assignment in good faith and in line with the Customer’s interests;
- comply with all applicable legislation, ordinances and regulations issued by public authorities in connection with DTEU performance of the Assignment,
- adhere to accepted practice in the industry; and
The Customer shall send the substance or preparation to DTEU as instructed by DTEU and in a sufficient amount as to allow DTEU to perform the Assignment
In cases of complex mixtures of multiple compounds, such as sport supplements, or in case of inconclusive analytical results due to multiple ingredients in the same sample, DTEU may not be able to distinguish each compound as chromatohraphic separation is required prior to analysis. In such cases, the Customer shall bear the costs incurred by DTEU to that point. However, a more in depth analysis can be offered for an additional cost.
Claims to test results can be made within two months after the Customer receives the results. The Customer has the right to demand DTEU to remedy the defect, unless it entails inconveniences or costs for DTEU that are unreasonably large in relation to the significance of the defect for the Customer. The Customer has the right to claim a price reduction if proven defects in execution cannot be remedied.
Safety Information
The Customer shall provide DTEU with all requested information about the sample to be analyzed. If DTEU detects any illegal substances or preparations DTEU will report this immediately to the relevant authorities, as required by Swedish law.
Security
DTEU shall keep the sample securely safeguarded and appropriately protected from unauthorized access, use and theft.
Terms and payment
The Customer shall pay for the service at the time of ordering the analysis. DTEU provides online payment services recognized by the market as secure methods for handling online payments. Payment takes place at the time of placing the order. A receipt is sent through the online secure payment service provider.
We use Klarna as the provider of our checkout. This means that we might transfer your personal data in the form of contact and order details to Klarna when the checkout is loaded, in order for Klarna to manage your purchase. Your personal data transferred is processed in line with Klarna’s own privacy notice.
Compliance with rules and regulations
DTEU certifies to use the sample and the Personal Data in compliance with all applicable legislation, rules, regulations, guidelines and ethical requirements, as well as any constraints set forth by ethical review boards, applicable to the handling and protection of the sample or Personal Data.
Data Protection Legislation
DTEU processes Personal Data such as contact details for the purpose of communicating with the Customer and also in order to receive orders and payments. DTEU is the Processor of any such Personal Data. The legal basis for sharing the Personal Data is consent from the Customer and to comply with these General Terms. Once the Customer orders a service according to these General Terms the Customer gives his/her consent to share his/her Personal Data with DTEU. Personal Data that will be processed is limited to Name, Surname and contact details necessary to send the results. All processing of Personal Data shared by a Customer with DTEU fulfills the requirements of the applicable Data Protection Legislation and is according to the company’s Data Protection Policy.
The Customer undertakes to ensure that there is a legal basis for the Processing at all times, and to issue correct instructions so that the Processor and any Subprocessors can carry out their duties in accordance with these General terms, where applicable.
DTEU undertakes to only perform the Processing in accordance with this Terms and Conditions and to comply with the Data Protection Legislation. DTEU also undertakes to stay informed of currently applicable laws and regulations in this area.
In the event that the Customer has requested a correction or deletion as a result of incorrect Processing by DTEU, the DTEU shall take appropriate measures, without undue delay, no later than thirty (30) days from the date on which DTEU received the request from the Customer. When the Customer has requested deletion, DTEU may only perform Processing of the Personal Data in question as a part of the correction or deletion process.
Confidential Information
“Confidential Information” includes any information that, directly may be referable to the sample transferred to DTEU. To the extent permitted by law, DTEU agrees to keep confidential and not publish, make available or otherwise disclose the Confidential Information received during the provision of the services under these Terms and Conditions.
Indemnity
By cancelling or postponing the work on an assignment, DTEU shall in no event be liable for possible errors and/or omissions regarding the assignment or any service already accomplished as part of the assignment.
DTEU is responsible for direct loss incurred by the Customer arising from the accomplishment of an assignment to the extent that the losses are caused by DTEU negligence in performing the agreed services. Therefore, DTEU shall not be liable for any indirect losses, including but not limited to, consequential damage and loss of profit suffered by the customer, which may directly or indirectly have been caused by negligence or delay in performing the agreed services. DTEU liability is strictly limited to the above.
In no event shall DTEU be liable to any third parties for any other damage, whether direct, indirect, consequential or incidental, or any other loss or expense, whether arising in contract, tort, strict liability or otherwise. DTEU shall not be liable for any loss or damages arising from the Customer’s use of statements made by DTEU, if it is mentioned that the statements are based on estimations or evaluations.
DTEU shall never be liable for losses arising as a consequence of the use of the work supplied by DTEU by the Customer or by any third party. Neither can be held liable for damage or loss due to force majeure, actual or imminent war or similar situations, revolt, civil unrest, natural catastrophe, strike, lockout, boycott or blockades, irrespective of whether said party is a party to a conflict arising and irrespective of whether any conflict arising only affects part of the operations of said affected party.
In no event shall DTEU liability exceed the cost of the actual assignment. DTEU will not be financially liable for any claims made after two (2) months from the date of delivery of an assignment/services.
Term and termination
When the analysis of the sample is completed DTEU will destroy the remaining of the Sample. Personal Data will be deleted on a regular basis. DTEU will, however, be entitled to retain such copies that are mandatory to keep under applicable rules and regulations.
Applicable law and disputes
These Terms and Conditions shall be governed by the laws of Sweden and any dispute arising out of this Agreement shall be finally settled by arbitration in accordance with the Rules of the Arbitrations Institute of the Stockholm Chamber of Commerce.