Terms and Conditions
Welcome to virinnox.com (hereinafter also referred to as the "Site"), a website operated by VIRINNOX Projektentwicklungs GmbH (hereinafter "VIRINNOX"). Together with kiweno, VIRINNOX offers its customers a service (“service”) in which expert staff can take samples at partner pharmacies and other locations by making an appointment via a registration page on VIRINNOX and the subsequent analysis or evaluation and further information via email and/or SMS is delivered. The following terms and conditions apply to the use of the site.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY VISITING THE SITE OR PURCHASING A TEST FROM VIRINNOX, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE, VIRINNOX SERVICES AND TESTS.
Changes to the GTC can be made by VIRINNOX at any time and are also effective for existing contractual relationships. The current version is available on the VIRINNOX website (or will be sent to consumers upon request). Changes to the GTC are permissible for consumers if the change is reasonable for the consumer, especially if it is minor and objectively justified. The consumer has the right to object to the amendment of the GTC in writing within one month of receiving notification of the change, otherwise he accepts the amended GTC. VIRINNOX will inform the consumer separately and before the start of the period for the express declaration of this right of objection and the legal consequences of not objecting.
Certain services offered on virinnox.com have their own terms and conditions (“Specific Terms and Conditions”). Such further terms and conditions apply in addition to these general terms and conditions or other terms and conditions that you have concluded or will conclude with VIRINNOX GmbH. In the event that conflicts arise between the terms and conditions, the special terms and conditions shall take precedence with regard to the conflicting terms and conditions clauses - in addition, all other provisions of all agreed terms and conditions shall apply.
1. Subject of the contract
Customers have the option of getting appointments and test sites for SARS-CoV2 antibody determination via virinnox.com, and having the test results sent by email and/or SMS after the tests have been evaluated. The possibility of test services is also open to customers who have purchased their test directly from the test centers (eg pharmacies).
The contract between VIRINNOX and the customer comes about as follows: By completing the technical booking and pressing the "Register now" button, the customer makes a binding offer to VIRINNOX to purchase the product in question.
VIRINNOX forwards this offer to the test centers. The transmission takes place automatically, is therefore not a declaration of intent and only serves to inform the customer that his offer has been received and to provide information for any contract processing.
After receiving the registration code, the acceptance will be carried out by qualified personnel at the test centers. The test is evaluated by the test center. The test results are made available to the customer by email and/or SMS.
The customer expressly agrees that the service (evaluation of the test) can be started before the end of the 14-day cancellation period in accordance with FAGG and acknowledges that it is no longer possible to cancel the contract.
2. Ordering process for VIRINNOX/kiweno tests
(technical steps that lead to the binding offer of the customer)
The ordering process is as follows:
- The customer selects a product and a test center (e.g. pharmacy xy) and creates an appointment.
- The customer provides their email address and phone number.
- The customer confirms and agrees to the terms and conditions. Both the general terms and conditions and the cancellation policy can be saved and printed out.
- With the "Next" button, the customer gets to the summary and enters a CAPTCHA.
- With the confirmation, the customer receives a registration code.
- With this registration code, the customer comes to the specified location at the scheduled time and has the test carried out.
- After the test process has been completed, the customer will receive notification of the result by email/SMS.
The prices of the goods shown are final prices that include 20% VAT.
Payment is made in cash, if available, by bank card or credit card.
4. Right of Withdrawal for Consumers
Revocation instructions & right of revocation
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must send us (VIRINNOX GmbH, Vienna, Austria, email: email@example.com) a clear statement (email ) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send the notification of exercising your right of cancellation before the cancellation period has expired.
Revocation instructions & right of withdrawal
If you revoke this contract, we must reimburse you for all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged for this repayment.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of services provided for in the contract.
5. Customer obligations upon registration
For certain services, the creation of certain information from the customer is necessary and required. The customer provides the following data: e-mail address and telephone number.
By using the services of VIRINNOX, the customer promises that the information provided to VIRINNOX is correct, up-to-date and complete. The customer also undertakes to update his data immediately in the event of a change, so that his data is correct, up-to-date and complete at all times. If there is reason to believe that data is not correct, up-to-date or complete, VIRINNOX is entitled to block access and to refuse access to the VIRINNOX site and services.
To ensure optimal data security, customers must keep their registration code safe and not share it with anyone. In this context, customers are responsible for the confidentiality of their data and undertake to inform VIRINNOX immediately in the event of unauthorized use or other security breaches.
6. Access Rights
The customer does not have the right to access the virinnox.com site within the framework of an account. Data can be viewed after registration.
Customer agrees that in no event will Customer attempt to: (a) damage the Site, Services, hardware and network used to operate the Site; (b) distribute, sell, rent, sublicense, transfer, export or transfer the services or products of this Site in any way, or offer the services and products of the Site to or for any third party; (c) modify, copy or derive any part or all of the Services, underlying software or hardware, printed materials, technology or Products; (d) use the Site in any way other than as described above.
The customer agrees that any use of data, whether by him or by third parties commissioned/authorised by the customer, is his responsibility. VIRINNOX reserves the right to deny anyone access to the site for the described security reasons.
7. Further customer obligations
The customer agrees to comply with all applicable legal provisions when using the site and not to break any laws, whether local, national or international, when using the site or its services. In particular, the customer will refrain from the following actions: (a) harass or harm other persons; (b) collect or store personal information from other individuals; (c) impersonate or represent any other person; (d) not to damage the site, the networks, the software or hardware and the services in any way or to disregard the conditions for using the site. Customer agrees not to make any reproduction, duplicate, copy, sale or resale for any purpose whatsoever. Customer shall not reverse engineer, disassemble, decompress or translate any portion of the Site or Service, use the Site's source code, or engage any third party to perform any of the above services . In any case, it is forbidden to use electronic means (without limitation robots and computer programs) for the uses of the Site or the Services; frame the page, overlay pop-up windows over the page, or otherwise alter the appearance of the page.
Customers agree not to use the Site in any way that is (a) unlawful, harmful to minors, threatening, harassing, abusive, defamatory, libelous, vulgar, violent, obscene, pornographic, indecent, lewd, another's privacy or racially, ethnically or otherwise objectionable , become illegal or abusive; (b) infringe any patent, trademark, right or intellectual property right; (c) to communicate abusive advertising such as chain emails, promotional emails, messages regarding pyramid schemes or any other advertising; (d) to use and distribute viruses, Trojan horses, software programs, time bombs or any other computer program, files or code intended to damage, destroy or alter any other computer, program or software; (e) prevent other users from using the Site, the Services, other sites or links on the Site; (f) create a false identity; (g) prepare, download or copy any information from the Site and transmit it to any third person or party; (h) circumvent, modify or disable any security program for the Site or the Services; (i) copy, download, duplicate, sell or distribute any portion of the Site or the Service for advertising purposes; (j) to collect, store or use website data.
8. Failure to perform and liability of VIRINNOX
VIRINNOX provides all services and operates the virinnox.com website in accordance with the current state of technical and organizational conditions. VIRINNOX reserves the right to change or even discontinue the site or the services.
VIRINNOX uses a secure transmission method (SSL) for the transmission of customer data. This is intended to achieve the highest possible security standard.
VIRINNOX assumes no responsibility for any interruptions, disruptions, deletions, incorrect transmissions or memory failure in connection with the use of services or communication with the customer. VIRINNOX is not liable for delays or impossibility of performance as a result of force majeure (e.g. strike, fire, war, theft, etc.) or for reasons beyond VIRINNOX’s control (e.g. as a result of official orders or technical changes). The customer acknowledges that the services offered by VIRINNOX are offered using third-party network operators. The availability of the services therefore depends on the technical provision of third-party network services, for which VIRINNOX is not responsible.
Although VIRINNOX always acts in the interests of its customers, it cannot guarantee the general usability, accuracy and correctness of data or content, functionality or conditions of the site or services. While VIRINNOX/kiweno was created with years of experience and with the aim of helping our customers, it makes no guarantee that the site or the services will meet customer expectations or requirements, or that the operation will be uninterrupted, timely, secure or error-free.
Neither VIRINNOX nor the test sites assume any liability for results or events caused by the performance or execution of the test series, or for any errors on the site or for errors on the site being corrected. The Customer understands and accepts that any material or document downloaded or opened through the Site or Affiliate Sites is his own responsibility and that VIRINNOX is in no way responsible for any damage or loss caused by these actions. No information, whether oral or written, creates a guarantee unless expressly instructed to do so.
The test centers are vicarious agents of VIRINNOX/kiweno, transmit test results and do not interpret them. You are responsible for the evaluation (yes, no, invalid) as well as the assignment using the registration ID and notification by e-mail. The customer is responsible for the interpretation. VIRINNOX offers a recommendation for action, as well as possible further procedures. In the case of maintenance work, there may be restrictions on the service offered - the customer is not entitled to any claims as a result.
In general, VIRINNOX's liability for financial loss is limited to cases involving intent or gross negligence on the part of VIRINNOX or its vicarious agents. Liability for slight negligence is excluded. The above limitations of liability do not apply to bodily injury or damage to health that is attributable to VIRINNOX. Insofar as VIRINNOX's liability is excluded, this also applies to its vicarious agents.
Every customer who obtains services or information from our site acts on their own responsibility and is responsible for agreeing on the legal conditions of the respective country.
9. Accuracy of Information
VIRINNOX does not warrant that any information, images or graphics, descriptions or other content of the site is complete, accurate, reliable, secure, updated or error-free. The Customer will inform VIRINNOX as soon as he becomes aware of any errors, conflicting information or content on the Site or the Services and agrees to the actions and changes made by VIRINNOX.
10. Limitation of obligations
VIRINNOX customers accept that, to the extent permitted, VIRINNOX Projektentwicklungs GmbH, its managing directors, employees, subsidiaries, investors or other partners, licensees or vicarious agents shall not be liable for indirect, unintentional, special, consequential or exemplary damage, in particular damage or loss of revenue, profits, goodwill, data or other non-material loss (even if the parties have been advised, knew or should have known that damage may occur) arising from use of the Site or the Services, regardless of whether such damages relate to contract, tort or warranty are excluded. If Customers are dissatisfied with the services of the Site or the Service, it is their own responsibility to stop using the Site or the Service.
Liability for damage resulting from the use of the site or service is limited to the costs incurred by the customer, but no more than €200 (two hundred euros).
Customers expressly declare that they will fully indemnify and hold VIRINNOX harmless in the event of claims that can be traced back to their activities (e.g. due to incorrect or otherwise illegal data, illegal use of the site, etc.). This applies in particular to claims by VIRINNOX arising from (1) the username, content and information that customers enter, publish or transmit on virinnox.com, (2) the use of the website or the services by the customer, (3) the violation of Site Rules, (4) violation by Customer of the rights of another person or entity, or (5) virus, Trojan horse, worm or similar harmful or harmful program by Customer.
The customer expressly agrees to the use of the data (email address, telephone number, gender, age, zip code) provided by him during the ordering process on virinnox.com for the purpose of fulfilling the contract and receiving service e-mails ( see data protection declaration).
In addition, the customer agrees to the data provided during the registration process (email address, telephone number, gender, age, zip code) and the test results in the database for the purpose of VIRINNOX providing the contractual services. Personal medical data (test results) will not be used for marketing purposes or shared with third parties.
In detail, reference is made to the customer's data protection declaration and declaration of consent, which the customer expressly agrees to by confirming these GTC.
13. Third Party Monitoring and Content
Providers outside of VIRINNOX may advertise their products on the Site. VIRINNOX assumes no responsibility for any product, information or service advertised by any third party on the VIRINNOX site.
VIRINNOX is not responsible for evaluating or reviewing the offerings, information or advertising of third parties or the content of third party sites. VIRINNOX assumes no liability for information, products or services of third parties or their sites that are accessible via VIRINNOX in any way (e.g. through links).
Linking to other sites or other locations is a courtesy on the part of VIRINNOX and is for the convenience of customers. Although VIRINNOX regularly checks links, it is not associated in any way with the linked content. VIRINNOX has no control over these other sites or content.
VIRINNOX ASSUMES NO LIABILITY FOR ANY INFORMATION, SOFTWARE, OR LINKS AVAILABLE AT ANY OTHER SITES, INTERNET LOCATIONS, OR SOURCES OF INFORMATION, NOR FOR ANY USE OF SUCH INFORMATION, SOFTWARE, OR LINKS, OR FOR THE ACTION OF THOSE SITES OR THEIR OPERATORS.
15. Intellectual Property
The software, code, methods and systems of this site and service (“our technology”) and the content of this site or our service (“our content”) are: (1) copyrighted (2) subject to other VIRINNOX exploitations become. In particular, our content and technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or resold in any way whatsoever without our prior written consent. All rights of use are solely and exclusively owned by VIRINNOX.
Names, logos and other materials displayed on the Site or Services are owned by VIRINNOX GmbH. Customers are not eligible.
16. Notice or Termination
Customers may request deletion of their data at any time, without providing a reason, by emailing VIRINNOX to firstname.lastname@example.org. The contract is terminated with immediate effect.
In the event of a breach of security regulations or of essential contractual provisions, VIRINNOX has the right to terminate the contract with immediate effect and without any prior warning. In the event that the customer suffers damage from the termination / customer behavior, the customer will indemnify and hold VIRINNOX harmless.
17. Customer Service and Warranty Claims
VIRINNOX assumes the legal guarantee for paid content and services in accordance with §§ 922 ff ABGB.
Note: The EU Commission provides a website (OS platform) in accordance with EU Regulation No. 524/2013, which serves to settle out-of-court disputes arising from online legal transactions between consumers and companies from the EU. The OS platform of the EU Commission can be found under this link: http://ec.europa.eu/
Our email address is: email@example.com
In the case of questions, complaints, reclamations and suggestions, customers have the option of contacting VIRINNOX at
18. Final Provisions
The invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the other provisions.
Written declarations are deemed to have been received if they are sent to the last address given by the customer.
Only written agreements apply between the contracting parties. The amendment of the General Terms and Conditions also requires the written form. This also applies to a departure from the written form requirement. Verbal agreements are not legally binding. The customer acknowledges that employees employed by VIRINNOX or third parties are not entitled to make any promises that deviate from the contractually agreed main service obligations.
Austrian law applies to this contractual relationship. The relevant competent court in Vienna, Inner City is agreed as the place of jurisdiction.