Conditions générales

1. Introduction

These terms and conditions apply to this website and to transactions relating to our products and services. You may be bound by additional contracts relating to your relationship with us or any products or services you receive on our part. If any provisions of any additional agreements conflict with any provisions of these Terms and Conditions, the provisions of such additional agreements shall control.

2. Obligations

By registering on, accessing or otherwise using this site, you hereby agree to be bound by the terms and conditions set forth below. Mere use of this website implies knowledge and acceptance of these general conditions. In certain specific cases, we may also ask you to give your explicit consent.

3. Communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically through our website or by sending you email, and you agree that all agreements, notices , publications and other communications that we provide to you electronically meet any legal requirements, including but not limited to the requirement that such communications shall be in writing.

4. Intellectual Property

We or our licensors own and control all copyright and other intellectual property rights in the Website and the data, information and other materials displayed on or accessible through the Website.

4.1 All rights reserved

Unless a specific content provides otherwise, no license or other rights are granted to you under copyrights, trademarks, patents or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, incorporate into electronic media, modify, reverse engineer, decompile, transfer, download, transmit, monetize, sell or otherwise commercialize any of the materials on this website in any form whatsoever, without our prior written permission, except and only to the extent otherwise stipulated in mandatory law regulations (such as the right to quote).

5. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in electronic form to others who may be interested in visiting our website.

6. Third Party Property

Our website may include hyperlinks or other references to third party websites. We do not monitor or review the content of third party websites that are linked to this website. Products or services offered by other websites are subject to the applicable terms and conditions of those third parties. Opinions expressed or materials appearing on these sites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or the content of such sites. You assume all risk associated with the use of such websites and any third party services. We will not accept any liability for any loss or damage howsoever caused arising from the disclosure of your personal information to third parties.

7. Responsibility for using the service

By visiting our website, you agree to use it only for the purposes intended and permitted by these terms and conditions, any additional contracts with us, and applicable laws and regulations, and online practices and guidelines generally accepted in medical analysis. In particular, to respect the identity of the people who submit to the PCR test, you agree that each sample sent belongs to the person listed on the PCR analysis request. Random checks are practiced by some governments when crossing borders. Any fraud or attempted fraud is punishable by law and we accept no liability in this respect.

Responsibility for using the website

You must not use our website or our services to use, publish or distribute any material which consists of (or is linked to) malware; use data collected on our website for any direct marketing activity, or conduct any systematic or automated data collection activity on or in relation to our website.

It is strictly prohibited to engage in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability or accessibility of the website.

9. Registration

Our website will redirect you to open a SwissID account. During this process, you may be asked to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and you agree not to share your passwords, account information or secure access to our website or services with any other person. You must not allow anyone else to use your account to access the website as you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

10. Guarantees and liability for the use of the site

Nothing in this section shall limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all of its content are provided “as is” and “as available” and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, express or implied, as to the availability, accuracy or completeness of the content. We do not guarantee this:

  • this website or our products or services will meet your needs;
  • this website will be available on an uninterrupted, timely, secure or error-free basis;
  • the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes or is intended to constitute legal, financial, travel or medical advice of any kind. If you need advice, you should consult an appropriate professional.

The following provisions of this section shall apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability in respect of any matter in respect of which it would be unlawful for us to limit or exclude our responsibility. In no event shall we be liable for any incidental or consequential damages (including damages for loss of profits or revenue, loss or corruption of data, software or databases, or loss or damage of property or data) suffered by you or any third party as a result of your access to or use of our website.

11. Guarantees and liability applicable to the delivery of kits and the sending of certificates

  • The delivery of mail to the postal services of the Swiss Post is guaranteed within 24 hours of the order. The kits are sent by priority mail A+, which means that the mail will arrive at your home within a maximum of 48 hours from the order, except weekends and public holidays when the deadline can be extended according to the schedules of the Swiss Post. We are not responsible for any delay that is caused by the post, therefore we shall advice you to order the kits in advance.
  • For sending samples for analysis, you agree to use only the return envelopes that you have received for this purpose (pre-stamped priority A+ mail). It is up to you to calculate your shipment so that the samples arrive at the laboratory on time, using the link provided by our partner, the Swiss Post. We guarantee that the analysis will be done the day the sample arrives at the laboratory and that the result and the certificate will be sent to you before 1 p.m. We are not responsible if your samples have not arrived on time, or if the sender’s name is not on the envelope. The postage stamp will prevail in the event of a dispute.

In no event shall we be liable for any incidental or consequential damages (including damages for loss of flight, loss of airline ticket, loss of hotel reservations, or any other damage which is the responsibility of a delay) suffered by you or any third party as a result of your access to or use of our website.

Except to the extent that any additional contract expressly states otherwise, our maximum liability to you for any damages arising out of or in connection with the website or any products and services marketed or sold through the website, regardless of the form of the legal action which imposes liability (whether in contract, equity, negligence, willful conduct, tort or otherwise) will be limited to the total price you paid us to purchase such products or services or use the website. This limit shall apply globally to all of your claims, actions and causes of action of every kind and type.

12. Privacy

To access our website and/or our services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and up-to-date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. The emails we send to you are only related to the provision of agreed products or services.

13. Content posted by you

We may provide various communication tools available on our website, such as comments, forums, message boards, ratings and reviews, and various social media services. We may not be able to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review content and monitor all usage and activity on our website, and to remove or reject any content in our sole discretion. By posting information or using any other available communication tools as mentioned, you agree that your content complies with these terms and conditions and must not be illegal or unlawful or infringe any person’s legal rights.

14. Idea submission

Do not send any ideas, inventions, works of authorship or other information that could be considered your own intellectual property that you would like to submit to us, unless we have previously signed an intellectual property agreement or a non-disclosure agreement. If you disclose to us absent such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any medium existing or future.

15. Fin de l’utilisation

We may, in our sole discretion, at any time modify or discontinue access, temporarily or permanently, to the Website or any services therein. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of your access to or use of the website or any content you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings and/or content you contributed or relied on are permanently lost. You must not circumvent or circumvent, or attempt to circumvent or circumvent, any access restriction measures on our website.

16. Export Restrictions / Legal Compliance

Access to the website from territories or countries where the content or the purchase of the products or services sold on the website is illegal is prohibited. You may not use this website in violation of Swiss export laws and regulations.

17. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section shall be null and void.

18. Violation of these Terms and Conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including the temporary or permanent suspension of your access to the website, contacting your internet service provider to ask them to block your access to the website, and/or taking legal action against you.

19. Force majeure

Except for payment obligations hereunder, no delay, failure or omission by either party to perform or observe any of its obligations hereunder shall be considered a breach hereof. Terms and Conditions if and so long as such delay, failure or omission results from any cause beyond that party’s reasonable control.

20. Compensation

You agree to indemnify, defend, and hold us harmless from all claims, liabilities, damages, losses, and expenses related to your breach of these terms and conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs and expenses related to or arising out of such claims.

21. Exemption

Failure to enforce any of the provisions set forth in these terms and conditions and in any agreement, or failure to exercise an option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any Agreement or any part thereof, nor the right thereafter to enforce any of the provisions.

22. Language

All notices and correspondence will be drafted exclusively in English and/or French.

23. Full agreement

Ces conditions générales, ainsi que nos déclaration de confidentialité et politique de cookies, constituent l’intégralité de l’accord entre vous et Primo Medical SA concernant votre utilisation de ce site web. These terms and conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Primo Medical SA regarding your use of this website.

24. Update of these general conditions

We may from time to time update these Terms and Conditions. It is your duty to periodically check these terms and conditions to see if they have been modified or updated. The date stated at the beginning of these Terms and Conditions is the most recent revision date. Changes to these Terms and Conditions will be effective as soon as they are posted on this website. Your continued use of this website following the posting of any changes or updates will be deemed notification of your acceptance to abide by and be bound by these terms and conditions.

25. Choice of law and jurisdiction

These general conditions are governed by the laws of Switzerland. Any dispute relating to these general conditions will be subject to the jurisdiction of the courts of Switzerland. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted and/or enforced to the maximum extent possible. in order to give effect to the intent of these Terms and Conditions. Other provisions will not be affected.

26. Contact information

This website is owned and operated by Primo Medical SA.

You can contact us about these terms and conditions through our contact page.