Terms and Conditions Darmklachten.nl
Publication draft v25 | 21 October 2026 | MGlab&Advies B.V. | Effective date: date of publication on Darmklachten.nl
These terms and conditions are intended for consumers who order laboratory testing via Darmklachten.nl. They do not affect mandatory consumer and patient rights.
Article 1. Definitions
- Darmklachten.nl: the website on which tests and any associated materials are offered.
- Trader/contractor: MGlab&Advies B.V., the company that offers tests via Darmklachten.nl, accepts orders, receives payments and performs the requested analyses. The company details are set out in Article 2.
- Sales website: Darmklachten.nl, the website operated by MGlab&Advies B.V.; it is not a separate legal entity or contracting party.
- Customer: the consumer who places the order. Patient: the person whose bodily material is examined. Client: the party requesting the laboratory analysis; depending on the application channel, this may be the consumer or a healthcare provider.
- Bodily material: material collected from or on behalf of the patient, such as stool, buccal mucosa, saliva or blood, including extracts obtained from it.
Article 2. Identity and allocation of roles
- Darmklachten.nl is the sales channel of MGlab&Advies B.V. The consumer agreement concluded via the website is entered into with MGlab&Advies B.V., established at Agora 1, room F1.16, 8934 CJ Leeuwarden; postal address PO Box 1528, 8901 BV Leeuwarden; Chamber of Commerce number 01115873; email info@mglab.nl; telephone 058 – 21 20 025. The VAT identification number will be added and verified before publication insofar as legally required.
- MGlab&Advies receives payments from orders placed via Darmklachten.nl and carries out the requested laboratory tests. Darmklachten.nl is the name of the sales channel and is not a separate legal entity. The former company Lab Care is not a contracting party for new orders.
- MGlab&Advies is responsible towards the consumer for the obligations arising from the order and for carrying out the laboratory test, subject to applicable legal rules. If third parties are engaged, the statutory responsibilities of MGlab&Advies remain unaffected.
Article 3. Applicability and information before ordering
- These terms and conditions apply to agreements that consumers conclude via Darmklachten.nl with MGlab&Advies B.V. for one-off laboratory tests with associated sampling materials.
- MGlab&Advies B.V. is the consumer’s contracting party and is responsible for the agreed laboratory service. Darmklachten.nl is the sales website of MGlab&Advies B.V. and is not a separate contracting party.
- A consumer may order a test on their own initiative or following advice from a doctor, therapist or other healthcare provider. Such advice does not automatically make the healthcare provider the client or a party to the agreement between the consumer and MGlab&Advies B.V.
- The test result is provided by MGlab&Advies B.V. directly to the patient using the designated, appropriately secured procedure. A healthcare provider who recommended the test does not receive the result automatically. The patient may discuss or share the result received with a healthcare provider.
- A separate consultation, medical assessment or treatment by an external healthcare provider is not part of the agreement with MGlab&Advies B.V., unless this has been expressly agreed separately.
- Before ordering, the consumer is informed about the essential characteristics of the test, the price, the main limitations, any additional preparation instructions, the applicable right of withdrawal and the processing of personal data. These terms and conditions can be stored on a durable medium.
- For certain tests, additional patient information and separate consent requirements may apply. These are provided in advance where necessary. Mandatory consumer and patient rights remain applicable at all times.
Article 4. Offer and test information
- Before ordering, the consumer is informed clearly and accessibly about the nature, purpose and scope of the test offered, the main parameters examined, the required sample type, the available package variants, the total price, applicable taxes, shipping costs and the usual turnaround time.
- The product information describes the main limitations of the test. Preparation conditions that materially affect the suitability or interpretation of a test are made available as early as possible; specific instructions are included in the sampling instructions supplied. Prescribed medication or medically necessary diets must not be changed without consulting a treating healthcare professional.
- The usual turnaround time for the tests offered is, unless stated otherwise for the specific test, 7 to 10 working days from receipt of suitable and fully identifiable sample material at the laboratory. This is an indicative period; the consumer will be appropriately informed in the event of a delay.
- A different shipping method may be required for returns from abroad. After consultation and upon presentation of proof of payment, MGlab&Advies reimburses the cost of the prescribed regular priority shipment. More expensive courier services, such as medical express shipments, are reimbursed only if agreed in advance. The consumer is informed of any return costs before ordering.
- Additional or different analyses that incur extra costs are not performed without prior information and an express instruction from the consumer. A recommendation for follow-up testing in a report does not constitute an automatic new order.
Article 5. Formation and feasibility of the agreement
- The consumer places the order via Darmklachten.nl and pays the amount due using the online payment methods offered. The agreement is formed after MGlab&Advies B.V. accepts the order. The consumer receives confirmation of the order on a durable medium, usually by email.
- After receipt and processing of the order, the required sampling material is generally dispatched on the same or next working day, unless otherwise stated for the relevant test or special circumstances prevent this.
- After receipt at the laboratory, MGlab&Advies checks the submitted bodily material for, among other things, correct identification, sufficient quantity, packaging and suitability for the requested analyses. The laboratory may refuse or postpone testing if the material does not meet the necessary conditions.
- If bodily material is unsuitable or insufficient for the requested test, MGlab&Advies provides replacement sampling material free of charge for a new sample collection. The consumer receives additional instructions where necessary.
- If a laboratory test cannot be performed, or cannot be performed in full, due to technical, analytical or other circumstances, MGlab&Advies assesses which appropriate solution is possible. Depending on the circumstances, this may consist of repeating the test, collecting a new sample, a suitable alternative to which the consumer consents, or a full or partial refund. The consumer’s statutory rights remain fully applicable.
- The consumer provides the information necessary for a correct request, identification and performance of the test. If information is missing, MGlab&Advies may request it. Performance may only be started or continued insofar as the available information is sufficient to link the sample reliably to the correct patient and request and all applicable requirements, including any consent requirements, have been met.
- If the consumer cancels the order before the requested laboratory test has begun, MGlab&Advies refunds the amount paid for the order in full. This additional cancellation arrangement does not affect the consumer’s statutory rights, including the applicable right of withdrawal. For cancellation after testing has begun, the applicable legal rules and the other provisions of these terms and conditions apply.
Article 6. Sample collection, packaging and shipping
- The patient collects the bodily material required for the requested test themselves in accordance with the instructions provided by MGlab&Advies. The patient follows the instructions for preparation, identification, collection, temporary storage, packaging and shipping. The instructions supplied apply to test-specific requirements.
- For return shipment, the patient uses the medical packaging supplied by MGlab&Advies that is suitable for the sample type and follows the addressing and shipping instructions provided. For returns within the Netherlands, the regular return postage is covered by MGlab&Advies; Article 4(4) applies to shipments from abroad.
- After receipt, MGlab&Advies assesses whether the bodily material can be processed safely and is sufficiently suitable for the requested analyses. Factors such as packaging, leakage, transport duration, storage conditions, quantity and sample quality may be taken into account. The laboratory may refuse unsafe or unsuitable material or postpone the analysis.
- If a sample arrives damaged or leaking, MGlab&Advies assesses whether safe processing and reliable analysis are still possible. If this is not the case, the relevant test will not be performed on that sample and the patient will be informed.
- A sample is tested only when it can be reliably linked to the correct patient and the correct test request. If identification details are missing, contradictory or incorrect, testing is suspended until the identity and linkage have been sufficiently established. If this proves impossible, a new sample collection may be necessary.
- If new sample material is required for the requested analysis, MGlab&Advies provides replacement sampling material and the required regular return-shipping option free of charge, including where the need for recollection arose from an error in collection or shipping by the patient. Test-specific instructions are provided again where necessary.
- MGlab&Advies informs the patient if rejection or recollection affects the expected turnaround time. A delay or damage during transport does not automatically result in liability on the part of the patient. Any liability is assessed solely on the basis of applicable law and the specific circumstances. The consumer’s statutory rights are preserved.
Article 7. Statutory right of withdrawal
- Insofar as a statutory right of withdrawal applies to the agreement, the consumer may exercise it within the statutory period. The applicable statutory scheme and exceptions take precedence over any differing interpretation of these terms and conditions. The broader cancellation arrangement in Article 8 also applies.
- A consumer may give notice of withdrawal or cancellation without stating reasons via info@darmklachten.nl, in writing using the published contact details, or via an available online facility. Where legally required, an online withdrawal function is provided. A timely and unequivocal statement is sufficient; receipt of an electronic statement is confirmed.
- If the law requires a separate express request or consent from the consumer for services to begin during the statutory cooling-off period, MGlab&Advies requests this separately before the relevant performance. Without fulfilment of these statutory requirements, no charges are made that are not permitted by law.
- In the event of withdrawal, payment for services already supplied during the statutory cooling-off period is due only insofar as permitted by law and the applicable information and consent requirements have been met. Receipt or administrative registration of a sample does not in itself result in a separate cancellation charge.
- A statutory exception to, or loss of, a right of withdrawal is not presumed solely on the basis of payment, dispatch of sampling material, receipt of a sample or commencement of an analysis. The applicable statutory conditions are decisive in all cases.
Article 8. Additional cancellation and refund
- Separate from any statutory right of withdrawal, the consumer may cancel a test requested via Darmklachten.nl free of charge for as long as the substantive laboratory work on the submitted sample has not yet begun. In that case, MGlab&Advies B.V. refunds the full amount paid for the relevant order, even if the sampling kit has already been dispatched, received or has been in the consumer’s possession for a considerable time.
- For the purposes of this additional cancellation arrangement, the start of the laboratory test is the first sample-specific preparatory or analytical action for the requested test, for example setting up a culture, isolating DNA or RNA, or preparing the analytical determination. Receipt checks, administrative registration or storage of a sample alone do not count as the start of the test.
- No costs for the sampling kit, previous shipping, registration or other administrative work already carried out are deducted for free cancellation before the start referred to in paragraph 2. This additional cancellation option is not limited to fourteen days after the order. The fact that the test kit remains unused for several months does not affect this right as long as testing has not yet begun.
- After the laboratory test has begun, the consumer may contact MGlab&Advies B.V. about stopping or cancelling it. MGlab&Advies B.V. assesses the options and any refund on the basis of the applicable statutory rights and the circumstances. In the event of a valid statutory withdrawal, a charge is calculated only if all applicable statutory conditions have been met.
- Cancellation may be notified using the contact details in Article 2; any legally applicable online withdrawal function may also be used. In the event of a valid statutory withdrawal, reimbursement follows within the statutory period and subject to statutory rights of suspension. For the additional free cancellation under paragraph 1, MGlab&Advies refunds within fourteen days using the same payment method, unless otherwise agreed without cost.
- In the event of free cancellation, the consumer does not have to return an unused sampling kit already received, unless MGlab&Advies B.V. expressly requests this at its own expense. Mandatory provisions remain applicable to any statutory return obligations. Bodily material already submitted is handled after cancellation in accordance with the applicable procedures for storage, destruction and data protection.
- The right to cancellation and refund does not affect the consumer’s rights in the event of defective or unperformed services. Cancellation does not automatically mean that personal data or test records that must be retained by law are deleted immediately.
Article 9. Prices and payment
- The prices stated are the total prices payable by the consumer for the laboratory test offered, including standard sampling material, unless clearly indicated otherwise. Insofar as a statutory VAT exemption applies, no VAT is charged. The applicable tax treatment is shown on the invoice or payment confirmation.
- Before placing the order, the consumer is informed of the total price and any additional costs. Costs and reimbursements for shipping and return shipment are explained in advance in accordance with Article 4.
- Payment is made using the online payment methods offered during the ordering process. In principle, the consumer pays the amount due in full when placing the order. This payment arrangement applies insofar as permitted by law.
- MGlab&Advies does not charge additional costs for tests, analyses or other services without informing the consumer in advance about their nature and amount and obtaining the consumer’s express consent. Advice for follow-up testing does not automatically result in an additional payment obligation.
- In the event of cancellation or withdrawal, the arrangements and statutory rights described in Articles 7 and 8 apply. Any reimbursements due are handled in accordance with those articles.
Article 10. Quality and limitations of diagnostics
- MGlab&Advies B.V. carefully performs the requested laboratory tests in accordance with the laboratory procedures established for the relevant analytical methods and the applicable legal requirements. The laboratory has an internal quality management system in which procedures for performing and monitoring the quality of tests are documented.
- The way in which the quality of a test is monitored depends on the analytical method used. Where applicable, internal quality controls, additional verifications or other appropriate control measures are carried out. Quality measures are selected and applied on the basis of the characteristics and requirements of the relevant test.
- Laboratory testing has analytical and pre-analytical limitations. Test results may be affected by, among other things, biological variation, sample collection, transport conditions, sample quality, detection limits and characteristics of the analytical method used. A negative result therefore does not in all cases exclude the presence of a condition or abnormality being investigated. Likewise, a positive or abnormal result does not automatically mean that the cause of the symptoms has been established.
- If indications arise during testing that a result is technically insufficiently reliable, MGlab&Advies assesses what follow-up step is necessary and appropriate. Depending on the analytical method and the circumstances, this may consist of additional checking, repetition of an analysis or a request for new sample material. If a sufficiently reliable result cannot be obtained, this is reported appropriately or the patient is informed.
- The test report contains the results of the analyses performed and, where applicable, reference values, reference ranges or other applicable assessment criteria. The report may contain a limited explanation of the findings. Not every parameter examined has the same scientific basis or clinical significance. Where relevant, important limitations of interpretation are explained.
- The laboratory report does not in itself constitute a complete medical diagnosis and does not replace assessment by a doctor or other appropriately qualified healthcare provider. Where necessary, the significance of test results must be assessed in conjunction with symptoms, medical history, medication use and other relevant test data. MGlab&Advies advises patients to discuss relevant abnormalities and persistent or worsening symptoms with an appropriate healthcare provider.
- The existence of analytical or biological limitations does not exempt MGlab&Advies from its obligation to perform laboratory testing carefully. This article does not limit or exclude liability for attributable failures, negligent conduct or other liability that cannot be excluded under mandatory law. The consumer’s statutory rights remain unaffected.
Article 11. Turnaround time, deviations and repeat testing
- The usual turnaround time is 7 to 10 working days after receipt of suitable, sufficient and reliably identified sample material, unless otherwise stated for the specific test. This period is an indication and not a guaranteed final delivery date. In the event of a relevant delay, MGlab&Advies informs the patient in a manner appropriate to the nature and expected duration of the delay. Any agreed strict deadline and statutory rights remain unaffected.
- For results close to an analytical threshold, doubtful results or other interpretation issues, it is assessed in accordance with the relevant analytical method whether an additional check, repetition or reporting with an appropriate explanation is necessary. A threshold value does not automatically mean that the analysis is technically invalid.
- If an analysis is technically invalid or fails, MGlab&Advies repeats it free of charge insofar as repetition is possible. If new sample material is required, the patient receives replacement sampling material and the regular return-shipping option free of charge. If repetition is not possible or meaningful, an appropriate next step is discussed with the patient.
- In the event of a markedly abnormal or unexpected result, MGlab&Advies assesses before release whether an additional check is appropriate and feasible. Such a check depends on the analytical method and does not mean that every abnormal result is routinely measured again. Where necessary, the patient is advised of the importance of medical assessment.
- If the patient questions a technically valid result and requests repeat testing, MGlab&Advies assesses on a case-by-case basis whether repetition is possible and meaningful and whether costs apply. Any costs are communicated in advance and are not charged without consent. This does not affect rights in the event of a demonstrable failure.
- If a requested test definitively cannot be performed, MGlab&Advies first offers a suitable alternative where possible. The alternative is performed only after the patient’s consent. If no suitable alternative is possible or the patient does not want it, the patient receives a refund for the unperformed test, without prejudice to further statutory rights.
- If only part of a combined test package definitively cannot be performed, MGlab&Advies assesses what amount should reasonably be refunded for the unperformed part, taking into account the agreed package contents and the components actually supplied. The calculation is explained to the patient. If the remaining performance differs materially from what was agreed, rights to further or full termination and refund remain.
- The provisions on free recollection in Articles 5 and 6 also apply to a rejected or insufficient sample. The quality requirements and analytical limitations are described in Article 10. This article does not limit the applicable statutory rights in the event of non-performance or incorrect performance.
Article 12. Provision of results and confidentiality
- For orders placed via Darmklachten.nl, MGlab&Advies B.V. makes the test report available directly to the patient as a PDF in the patient’s personal account in the patient portal. Access to this account is password protected. MGlab&Advies takes appropriate technical and organisational measures to prevent unauthorised access to, alteration of and disclosure of health data.
- The patient is responsible for handling their own login details carefully and reports any suspicion of unauthorised access to MGlab&Advies as soon as possible. This does not affect MGlab&Advies’s own security and privacy obligations.
- The test result is not automatically provided to a healthcare provider who recommended the test. The patient can view the result from their own account and share it with a healthcare provider themselves.
- If the patient requests a separate copy by email, MGlab&Advies may provide the report, after appropriate verification, via the secure email service Zivver. A report is not sent as an unsecured ordinary email attachment. The portal remains the usual method for providing results.
- When a result or repeat transmission is requested, MGlab&Advies checks whether the requester is authorised to receive the data. For a request by email, among other things, the email address registered with the request and order details may be checked; by telephone, additional verification questions may be asked. If identity or authority cannot be sufficiently established, no disclosure takes place until appropriate additional verification has been performed.
- At the patient’s request, MGlab&Advies may provide a test result directly to a specified healthcare provider or other third party, provided the requester’s identity and authority have been sufficiently established, the disclosure is lawful and an appropriately secured channel is used. In cases of representation, including requests relating to minors, the applicable legal rules are followed.
- MGlab&Advies provides the result according to the regular reporting procedure. Where relevant, the report includes advice to consult a doctor or other appropriate healthcare provider. This provision does not exclude the possibility that, in a specific case, additional or faster action is necessary on the basis of applicable professional or legal obligations.
- Further information about the processing and security of personal data, access rights and the exercise of privacy rights is included in the privacy statement. This article does not limit the patient’s statutory rights.
Article 13. Bodily material and molecular/genetic testing
- For the performance of requested laboratory testing, MGlab&Advies B.V. processes bodily material, including stool, buccal mucosa, saliva or blood, depending on the test offered. DNA, RNA and other components required for the analysis may be isolated from this material.
- Bodily material and extracts obtained from it are used for the requested diagnostic analyses and for necessary quality controls, verification or repetition directly related to them. Separate legal conditions apply to other purposes.
- If a test concerns human genetic characteristics, the patient receives specific information before performance about its nature, purpose, limitations and possible significance and consequences. The test is performed only after the required informed consent has been obtained separately and demonstrably recorded. Acceptance of the terms and conditions alone does not constitute sufficient consent for this purpose. The lawfulness of the data processing is assessed separately under the applicable privacy legislation.
- For LCT -13910C>T genotyping, human DNA is isolated from buccal mucosa. The analysis is directed exclusively at the requested genetic variant; other hereditary characteristics are not specifically investigated.
- The original bodily material is generally retained for a limited period after completion of the test for necessary checks or reanalysis; DNA and RNA extracts may remain available for longer for the same lawful purposes. The specific duration varies according to material type and analytical method. Storage takes place only for as long as there is a justified necessity or legal basis for it.
- If storage is no longer necessary or legally required, remaining bodily material or extract material is destroyed or disposed of in accordance with the applicable laboratory procedure. Digital test results and other personal data may be subject to different statutory retention periods.
- MGlab&Advies does not use remaining bodily material and extracts for independent scientific research, commercial product development or unrequested genetic analyses. Any future use outside the original diagnostic assignment requires a separate assessment of the applicable legal conditions, including any information and consent requirements. Acceptance of these terms and conditions does not constitute consent for such secondary use.
- In molecular testing of stool, DNA or RNA extracts may contain human nucleic acids in addition to material from the microorganisms being investigated. These are not specifically used for research into human genetic characteristics unless this has been separately and lawfully requested.
- For microbiome testing, MGlab&Advies may transfer bodily material to MyMicroZoo for performance of the requested test. The applicable legal requirements concerning confidentiality, security and data disclosure apply to the provision and processing of associated personal data. Further information about recipients and responsibility for processing can be requested via info@darmklachten.nl.
- Patients may request information via info@darmklachten.nl about the handling of material, retention periods and their privacy rights. Test-specific patient information is provided before performance where required.
Article 14. Personal data and privacy
- MGlab&Advies B.V. processes personal data in connection with the operation of Darmklachten.nl, the processing of orders and laboratory tests, reporting and the provision of test results. This may include health data and, depending on the test, genetic personal data. The applicable requirements of the GDPR and other relevant legislation apply to every processing operation.
- MGlab&Advies B.V. is in principle the data controller for its own webshop and laboratory activities. External IT service providers and specialised laboratories may process personal data in connection with the performance of services. Their role under the GDPR is determined by the actual activities and applicable law.
- Data provided via Darmklachten.nl is transferred to the systems of MGlab&Advies for ordering and testing. Results are made available in the personal patient portal. Separate transmission takes place via an appropriately secured channel.
- MGlab&Advies may engage third parties for hosting, software management, secure communication and certain tests. Personal data is disclosed only insofar as this is necessary and lawful. MGlab&Advies ensures that the agreements and measures required by law are in place, tailored to the actual processing.
- MGlab&Advies takes appropriate technical and organisational measures against unauthorised access and other unlawful processing. Because of the small-scale organisation and the need for staff to cover for one another, employees may have broad functional access rights. Employees are bound by confidentiality and may access data only for their work.
- Personal data, requests, test results and other records are not retained for longer than necessary for the relevant purposes and applicable legal obligations. Retention periods may differ by data category. The storage and destruction of bodily material and DNA/RNA extracts are additionally governed by Article 13.
- Data subjects may address requests concerning their personal data, including access, rectification, restriction, erasure or a copy, to the administration of MGlab&Advies via info@darmklachten.nl or the published contact details. MGlab&Advies assesses these requests in accordance with the applicable legal rules and may verify the requester’s identity or authority where necessary.
- Information about processing purposes, legal bases, retention periods, recipients, security and the rights of data subjects is provided separately in MGlab&Advies’s privacy information. Until all information has been published online, data subjects may request it via info@darmklachten.nl. This does not affect statutory obligations to provide information proactively.
Article 15. Complaints and disputes
- The consumer may submit complaints about orders, payments, the shipping or performance of laboratory tests, test reports or the handling of bodily material by telephone or email to the administration of MGlab&Advies B.V. via info@darmklachten.nl or the contact details stated on Darmklachten.nl.
- The administration handles complaints about orders and administrative services. Complaints concerning laboratory content or analytical matters are handled by the chief analyst, where necessary in consultation with management. MGlab&Advies assesses every complaint carefully, objectively and with a view to an appropriate solution.
- MGlab&Advies aims to provide an initial response within a few working days. If the complaint cannot be resolved immediately, MGlab&Advies informs the complainant about the next steps and the expected handling period. An initial response does not necessarily constitute the final decision on the complaint.
- MGlab&Advies handles complaints carefully and keeps the data required for proper handling, taking into account confidentiality and applicable retention periods.
- Insofar as the Dutch Healthcare Quality, Complaints and Disputes Act (Wkkgz) applies to the relevant service and complaint, the patient may request free support from the independent complaints officer provided for MGlab&Advies by the Centraal Bureau Klachtenmanagement in de Zorg (CBKZ). Contact details: info@cbkz.nl and 0183 – 68 28 29. The written decision on a Wkkgz complaint follows within the applicable statutory period, in principle six weeks after receipt, with only a legally permitted extension and notification thereof.
- Insofar as the Wkkgz applies, disputes may be submitted, in accordance with the statutory and procedural conditions, to Stichting Geschillen in de Zorg (GIDZ). Information about the procedure can be found at www.geschillenindezorg.nl. The applicability of this route depends on the subject of the complaint and the current affiliation.
- If the Wkkgz does not apply to the relevant complaint, the applicable consumer-law and civil-law options apply. These terms and conditions do not limit the statutory rights of the consumer or patient, including access to a competent court.
Article 16. Liability
- MGlab&Advies B.V. is responsible for the careful performance of the agreed laboratory tests in accordance with the applicable contractual and legal obligations. The technical and biological limitations of testing, as described in Article 10, do not detract from that duty of care.
- If MGlab&Advies determines that a test result provided to the patient is incorrect due to a laboratory error, the patient is informed as soon as appropriate. MGlab&Advies provides a corrected report where necessary, makes clear which previous result has been replaced and, if necessary, offers repeat testing free of charge. Whether additional measures are required is assessed according to the circumstances.
- In the event of a technically failed analysis, insufficient sample material, loss or damage during transport, MGlab&Advies provides replacement sampling material and a regular return-shipping option free of charge where necessary, in accordance with Articles 5, 6 and 11. Recollection or repetition does not affect any further statutory rights.
- If MGlab&Advies engages an external laboratory to perform a test ordered via Darmklachten.nl, MGlab&Advies remains the contractual point of contact for the consumer. Complaints about the outsourced test are handled by MGlab&Advies and, where necessary, coordinated with the external laboratory. Engaging a third party does not limit the consumer’s statutory rights.
- A laboratory result does not in itself constitute a complete medical diagnosis. MGlab&Advies is not automatically responsible for an independent medical assessment made or treatment chosen by an external healthcare provider. This does not affect any liability of MGlab&Advies for its own errors in analysis, reporting, communication or other acts attributable to it.
- MGlab&Advies assesses reports of possible damage and liability on the basis of the specific circumstances and applicable law. A claim for damages is not limited in advance to the purchase price, an insured amount or any payment by the insurer.
- According to current company information, MGlab&Advies has professional indemnity insurance and business liability insurance. The existence of these insurance policies does not constitute a promise that every event or claim for damages is covered by the policy; actual coverage is determined by the insurance terms.
- This article does not exclude or limit liability insofar as this is not permitted under mandatory law. The statutory rights of consumers and patients, including rights in the event of a failure to perform the agreement, remain unaffected.
Article 17. Duration and termination
- One-off test assignment. An agreement concluded via Darmklachten.nl in principle concerns a one-off laboratory test, including the sampling material required for it. The agreement does not result in a subscription, automatic renewal or recurring payment obligation.
- Performance at a later time. The consumer may use the sampling material received at a later time, taking into account the applicable shelf life, collection instructions and test-specific conditions. The mere passage of time after receipt of the sampling material does not automatically cause the test assignment to lapse.
- Cancellation before testing begins. As long as the preparatory or analytical laboratory work on the submitted sample has not yet begun, the consumer may cancel the test assignment. In that case, MGlab&Advies refunds the full amount paid for the order in accordance with Article 8. This also applies if the sampling material has already been dispatched or has been in the consumer’s possession for a longer period.
- Test no longer feasible. If a requested test can no longer be performed in accordance with the agreement due to changed analytical methods, discontinuation of a parameter or other circumstances, MGlab&Advies informs the consumer. Where possible, a suitable alternative may be offered. A different test is performed only with the consumer’s consent. If no suitable alternative is available or desired, a refund is made in accordance with statutory rights and the applicable provisions of these terms and conditions.
- Completion of the agreement. In principle, the agreement ends upon correct performance and settlement of the agreed test assignment. Termination does not affect applicable statutory retention obligations, privacy rights, complaint rights, liability or other rights and obligations that by their nature continue after completion.
- Statutory rights. This article does not affect the applicable statutory right of withdrawal, the agreed cancellation arrangement or the consumer’s other rights in the event of failures or tests that cannot be performed.
Article 18. Intellectual property and website information
- General information. The information on Darmklachten.nl has been compiled with care and is intended to inform consumers about the laboratory tests offered and related subjects. General health information on the website does not replace individual medical assessment, diagnosis or treatment by an appropriately qualified healthcare provider.
- Accuracy and currency of information. MGlab&Advies B.V. aims to present the information on Darmklachten.nl in an up-to-date, understandable and careful manner. Scientific insights, analytical methods and the range of tests may change. MGlab&Advies may amend website information. This does not affect specific contractual commitments, legally required product information or rights arising from agreements already concluded.
- Intellectual property rights. Unless otherwise stated, intellectual property rights in texts, images, design and other protected parts of Darmklachten.nl belong to MGlab&Advies B.V. or the relevant rights holders. Reproduction or publication is permitted insofar as permission has been obtained or the law permits it.
- Use of personal test reports. The patient may download, save, print and share their own test report with healthcare providers or other persons of their choice. Any intellectual property rights in the design or explanatory components do not limit the patient’s statutory rights to access and use their own health data. Use for the patient’s own medical purposes does not require additional permission from MGlab&Advies.
- References to external websites. Darmklachten.nl may refer to websites and information of third parties. MGlab&Advies does not necessarily have control over the content, availability or privacy policy of those websites. A reference does not automatically mean that MGlab&Advies endorses all information. This does not limit liability for its own negligent conduct or other liability that cannot legally be excluded.
Article 19. Amendments, applicable law and version control
- Applicable law. Agreements that consumers conclude with MGlab&Advies B.V. via Darmklachten.nl are governed by Dutch law. If the consumer lives in another country and the applicable international rules provide protection under mandatory provisions of the law of their habitual residence, the consumer retains that protection despite this choice of law.
- Competent court and dispute resolution. Disputes may be submitted to the court that has jurisdiction under the applicable statutory jurisdiction rules. This provision does not limit statutory consumer rights and does not affect the complaints and dispute procedure in Article 15 insofar as it applies.
- Amendments to the terms and conditions. MGlab&Advies B.V. may amend these terms and conditions for future agreements. The new text is made available via Darmklachten.nl with a clear effective date. A new version does not automatically apply to an agreement concluded previously.
- Existing test assignments. For an existing order, the version made available to the consumer when the agreement was concluded applies in principle. Even if a sampling kit is not used until a later time, terms and conditions published later do not unilaterally change the agreed rights and obligations. Different arrangements are valid only insofar as they are lawfully agreed and the consumer’s statutory rights are preserved.
- The version of these terms and conditions applicable to the agreement is made available before ordering in a manner that permits storage. The trader retains the published versions insofar as necessary to establish the applicable arrangements afterwards.
- Invalid provisions. If a provision proves to be void, voidable or otherwise unenforceable, this does not affect the validity of the remaining provisions insofar as permitted by law. The invalid provision is not automatically replaced by an arrangement that is less favourable to the consumer.
