GTA
General Terms and Conditions
Foreword
Here you will find our General Terms and Conditions of DAN Group GmbH, Herrengasse 30, 9490 Vaduz, Liechtenstein and the Medicross and Medicross brand.
Table of contents
1. General information
2. Subject matter of the contract
3. Conclusion of contract
4. Submission
5. Test execution
6. Test results
7. Nutrient formula
8. Warranty and liability
9. Fees without revocation
10. Cession
11. Data protection
12. Nutrition and fasting advice
13. Medicross Care
14. Retention of title
15. Final provisions
If you think it is a medical emergency, call your doctor or the emergency number immediately. Our tests do not replace a medical diagnosis by a doctor or alternative practitioner and are not a substitute for medical treatment. Diagnoses may only be made by doctors. None of the information should be understood as a promise of success or cure.
All product images and illustrations serve as symbolic images.
§ 1 General
1.1 Dan Group GmbH, with its registered office at Herrengasse 30, 9490 Vaduz Liechtenstein, is an entrepreneur within the meaning of Art. 1 para. 1 let. a KSchG
- hereinafter referred to as "Medicross". Medicross is a registered word mark of DAN Group GmbH.
1.2 The customer is a consumer within the meaning of Art. 1 let. b KSchG
- hereinafter referred to as "consumer or consumers"
1.3 Only consumers of legal age may place an order. Parents are liable for their children.
1.4 We reserve the right to change the terms and conditions from time to time without prior notice. The version of the terms and conditions that applies to the consumer's order is the version that was sent in the invoice email at the time the order was placed.
1.5 Medicross provides services exclusively on the basis of these General Terms and Conditions. Conflicting terms and conditions of the Consumer shall not apply unless Medicross expressly agrees to their validity in writing.
1.6 Individual agreements between Medicross and the Consumer shall take precedence over these General Terms and Conditions
1.7 The procedures, methods or device models used by Medicross belong to the field of holistic methods.
1.8 Medicross only offers services that are based on complementary and alternative methods. These do not replace in-vitro diagnostics or a medical diagnosis by a conventional medical laboratory or a doctor. All test results and recommendations do not constitute a promise of cure or efficacy and are not intended to detect, treat, cure or prevent any disease. Medicross expressly points out that the test procedures are not scientifically recognized in the sense of conventional medicine. Decisions on the use of the test results are the sole responsibility of the consumer.
§ 2 Subject matter of the contract
2.1 Upon conclusion of the contract, the consumer receives a link to the submission form as a PDF document by e-mail. This form constitutes an essential and digital component of the agreed service. The provision of services by Medicross begins with the provision and sending of the e-mail in which the form can be downloaded.
Before concluding the contract, the consumer was expressly informed that downloading the submission form, which is to be considered digital content, extinguishes the right of withdrawal pursuant to Art. 16 lit. m of the EU Consumer Rights Directive. By downloading the form, the consumer declares that he waives the right of withdrawal. In accordance with § 8, Medicross tests the consumer's submitted sample material and provides the test results in the form of PDF documents. The test results will be sent exclusively to the e-mail address provided by the consumer.
The consumer undertakes to pay the agreed amount for the testing service performed and for any optional additional services booked. The amount is due in accordance with the conditions specified in the contract or order.
2.2 Furthermore, and only at the express request of the consumer, Medicross will forward orders for the manufacture of individual nutritional formulas to a manufacturing company selected by Medicross. This may be a partner pharmacy or Madana GmbH in particular. Medicross decides at its own discretion which manufacturing company is commissioned with production. In this case, Medicross does not become a contractual partner of the consumer; the contract for production is concluded exclusively with the respective producer.
2.2.a. Individual nutrient formulas are always excluded from the right of withdrawal because they cannot be sold elsewhere due to their individuality. Further information can be found under § 7.
2.2.b. The shipping costs vary depending on the country of dispatch:
The cost for Switzerland is €12.50
The cost for Germany is €5.00.
Shipping within Austria is free of charge.
2.2.c. Invoicing is carried out by the manufacturing company commissioned by Medicross, in particular by the partner pharmacy or Madana GmbH, in each case with a payment term of up to 7 days.
2.3 The Dan Group provides nutritional or fasting advice (hereinafter referred to as the Consultant) exclusively on the basis of these General Terms and Conditions. Conflicting terms and conditions of the consumerr shall not apply unless the Consultant expressly agrees to their validity. The scope of services includes individual telephone advice on the customer's dietary habits as part of the nutritional advice..
§ 3 Conclusion of contract
3.1 The consumer orders one of the services offered on the website www.medicross.com by selecting it, going through the rest of the ordering process, and completing it by activating the button labeled "Buy now". The contract is concluded when Medicross sends the required documents and forms and confirms the order by email.
3.2 Payment for the service shall be made immediately after conclusion of the contract by advance payment using a means of payment selected by the consumer.
The following payment methods are available to the consumer: Paypal, credit card, Sofortüberweisung, iDeal, Grio, Apple Pay, Google Pay. Payment for the nutritional consultation is made before the consultation by bank transfer or PayPal.
3.3 By concluding the contract, the consumer assures the accuracy of the personal data provided during the ordering process. The consumer is responsible for ensuring that the information provided is accurate, complete, and up-to-date. Medicross assumes no liability for any consequential damages if the information provided is not true or is incorrect.
3.4 Upon conclusion of the contract, Medicross may assume that the consumer is aware of the necessary contract details and the execution of the test. In this respect, no liability is assumed for damages resulting from the consumer's ignorance.
3.5 Medicross gift cards or voucher codes are non-refundable and cannot be combined with other discount campaigns; cash redemption is not possible. Misuse or multiple redemption of a gift card or voucher code may be prosecuted. Medicross gift cards or vouchers are valid for 2 years from the date of purchase.
3.6 If the consumer is in default of payment, Medicross reserves the right to charge reasonable reminder fees as damage caused by default. The consumer shall be permitted to prove that a lower loss or no loss at all has been incurred.
3.7 The consumer has the right to redeem the service within one year from the date of purchase. After that, the entitlement expires.
§ 4 Submission
4.1 After conclusion of the contract, the consumer receives a submission form as a PDF by e-mail for self-printing, on which information about the person, previous or parallel tests and the type of test purchased must be provided. For reasons of sustainability, no physical products such as test kits or similar will be sent to the consumer. Consumers from the EU send this submission form together with their sample material to Medicross in Germany to the following address:
Medicross
Heuriedweg 20
88131 Lindau (Lake Constance)
Germany/Germany
Consumers from outside EU, Switzerland and Liechtenstein to the following address:
Medicross
Herrengasse 30
9490 Vaduz
Liechtenstein
4.2 The expenses and costs associated with sending the sample material to Medicross shall be borne by the consumer.
4.3 We recommend sending the sample material by registered mail to ensure tracking via a tracking number. If speedy delivery by the shipping service provider is important to you, we recommend sending the sample by express mail.
4.4 When analyzing hair samples and interpreting the results, many special features must be taken into account compared to the analysis of other biological materials, due to the type (solid) and heterogeneity of the matrix, stability of analytes and possible influences during sample preparation. As the collection of a hair sample is non-invasive, it does not have to be taken by a doctor or healthcare professional.
4.5 The sample must be clearly and completely labeled.
4.6 The hair samples should preferably be taken from the occipital protuberance and directly from the scalp, in a suitable quantity, if possible from a strand of hair.
4.7 At best, the hair strand should be fixed with a thread before cutting to prevent the segments from shifting.
4.8 Body hair (such as armpit, beard, pubic or chest hair) can also be removed as a substitute or alternative.
4.9 A suitable form must be selected for storage and shipment, such as filter paper as the primary packaging material in an envelope.
4.10. Hair samples must be properly transported at normal room temperature, dry and protected from light, and stored before or after testing. Refrigeration or freezing should be avoided to protect the material from moisture. Moisture and crystal formation can lead to decomposition of analytes and matrix.
§ 5 Test execution
5.1 The services provided by Medicross include the following obligations:
A. the sending of all necessary documents for carrying out the test (order confirmation, submission form, instructions, link to the questionnaire) by e-mail to the e-mail address provided by the consumer.
B. the receipt of the sample material and the analysis as part of the ordered service.
C. the creation of a result as a PDF document and sending it by e-mail, the professional destruction of the consumer's sample material immediately after the analysis.
5.2 The consumer's services include the following obligations:
A. payment of the agreed amount.
B. the correct completion of the questionnaire.
C. sending the sample material together with the submission form to Medicross.
5.3 In particular, the completion and submission of the questionnaire/sample material is the responsibility of the consumer. Medicross does not carry out individual tracking and reminders to perform the service. The result will be sent to the e-mail address provided in the questionnaire or, under certain circumstances, in the order.
5.4 The Medicross service includes the analysis of the sample material sent in by the consumer with regard to certain parameters. A value is determined for each parameter.
5.5 The procedures, methods and device models used by Medicross belong to the field of complementary medicine. In conventional medicine, our measurement method is not the subject of scientific research. The measurement procedure underlying the testing is not fully reproducible and is not recognised or certified by conventional medical authorities. Our tests are not biochemical, molecular biological or cellular analyses. They have no medical purpose.
§ 6 Test results
6.1 Test results are provided in the form of PDF documents. The result contains approximate values and color visualizations. Consumers have the opportunity to view an example of a result before placing their order.
A. In the case of incompatibility tests, all parameters that have not reacted above a threshold value are hidden.
B. The intolerance test does NOT include allergy testing. If the consumer is interested in allergy testing, it is recommended that an additional medical service is used.
C. The analysis of the micronutrients shows a requirement as a percentage value, which is to be understood as a guide value. It is expressly pointed out that these are not deficiency symptoms. If the consumer is interested in testing for deficiency symptoms, it is advisable to consult a doctor.
6.2 The preparation and transmission of a result shall take place by e-mail within up to 18 working days after receipt of the sample material by Medicross.
The consumer is responsible for classifying Medicross as a trustworthy sender in his e-mail program. If messages from Medicross are assigned to the spam folder, this shall nevertheless be deemed to be access to the test result.
6.3 If the customer chooses the preferred express option in the amount of EUR 8.90 (gross), the agreed processing time is 3 working days from receipt of the sample by Medicross.
6.4 Medicross reserves the right to delete the evaluations 12 months after sending them. Consumers are advised that they must save their personal evaluations themselves. Medicross is not liable for the loss of the evaluations.
§ 7 Individual nutrient formula
7.1 Based on the results of a micronutrient test, an individualized nutrient formula can be created for the consumer.
7.2 If a consumer orders an individual nutrient formula in capsule form, Medicross forwards this order, including the personal data necessary for contract processing, to a manufacturing company selected by Medicross. This may be either the partner pharmacy or Madana GmbH. The contract is concluded and processed exclusively between the respective manufacturing company and the consumer. Medicross is not a contractual partner in this process. Without the transmission of the necessary data, no individual nutrient formula can be produced.
§ 8 Warranty and liability
8.1 The consumer's withdrawal period depends on his place of residence.
Consumers residing within the EU are entitled to the statutory 14-day right of withdrawal.
Consumers residing in the UK are entitled to the statutory 14-day right of withdrawal.
Consumers residing in the US and Canada have a right of withdrawal of 14-day.
Consumers residing in Switzerland or Liechtenstein are entitled to the statutory 14-day right of withdrawal.
The cancellation period for countries not mentioned is based on the statutory cancellation period.
If there is none, consumers have a cancellation right of 24 hours.
Please do not hesitate to contact me if you have any questions.
To exercise the right of withdrawal, it must declare the withdrawal to Medicross. The declaration must clearly state that it is the wish to withdraw from the contract.
The revocation period begins with the conclusion of the contract. To meet the deadline, it is sufficient to send the revocation before the revocation period expires. The revocation must be declared in writing in the form of a letter or e-mail.
It is not effective to communicate this via the telephone service.
For further information, please refer to the cancellation policy.
However, the right of withdrawal expires prematurely if the consumer requests the immediate commencement of the service or if the service has already been provided.
As soon as the consumer has sent his sample or Medicross has been delivered, the right of cancellation expires prematurely.
The consumer expressly agrees that his right of withdrawal expires prematurely upon downloading the submission form.
If the consumer cancels the contract beyond the provision of the service, the consumer owes compensation for the value of the service provided to date.
The compensation generally corresponds to the pro rata remuneration for services already rendered in relation to the total scope of the services provided for in the contract. Further information can be found in the Medicross Cancellation Policy .
8.2 No liability is assumed for the postal route. If a shipment is lost/missing or can no longer be located due to the fault of the carrier, another sample may be sent for analysis after consultation with Medicross. Reference is made to § 4/4.2. in this regard.
8.3 The results of Medicross do not replace medical treatment or a diagnosis by a doctor. It is not a medical product. The consumer decides on the use of test results on his/her own responsibility.
8.4 Results of different forms of analysis, such as blood, feces, sputum, may differ due to the different and complex methods. A comparison of different forms of analysis cannot be carried out or exchanged against each other, as the methods are in different areas.
8.5 Medicross is not obliged to repeat tests using an autologous substance that has already been submitted.
8.6 Medicross shall only be liable for personal injury and financial losses if these were caused by a breach of duty by Medicross and Medicross is responsible for the breach of duty. Medicross is not liable if the consumer was partly responsible for the damage.
8.7 The client may cancel or postpone the appointment for the nutritional consultation free of charge up to 24 hours before the agreed appointment. For further information, please refer to 9.5.
8.8 The consultant is only liable for personal injury and financial loss if this was caused by a breach of duty by the Dan Group and the Dan Group is responsible for the breach of duty. Dan Group shall not be liable if the customer was partly responsible for the damage. The information contained in the nutritional advice does not replace medical treatment or a diagnosis by a doctor. It does not constitute medical advice. The customer is responsible for deciding how to use the information.
8.9 The telephone service is only available for general information and information only, but not for cancellations or similar. These must always be made in writing.
The telephone service is not liable for incorrect statements.
It is generally recommended that requests be sent by e-mail to info@medicross.com.
8.10. Medicross assumes no liability for the technical requirements of the Consumer for downloading the submission form, the evaluation, or the like. The consumer expressly agrees that this is his/her own responsibility. Should complications arise, the consumer can contact customer service (info@medicross.com) by email to find a joint solution.
§ 9 Fees without revocation
9.1 If the payment method PayPal is selected, the consumer shall bear the PayPal administration fees of EUR 15.00 in the event of an unjustified claim to PayPal buyer protection.
9.2 If the consumer revokes the previously selected SEPA direct debit mandate, the consumer shall bear the return debit charges incurred in the amount of EUR 8.67.
9.3. If the consumer makes an unauthorized chargeback of the payment via STRIPE (credit card), a processing fee of 25 Euro will be charged.
9.4. The costs for the reminder fees are as follows for the Eurozone:
1. reminder 5 Euro
2. reminder 8 Euro.
3. reminder 12 Euro.
4. reminder 15 Euro.
For further information, please refer to § 10.
9.5 If the appointment for the nutritional consultation is canceled or postponed within 24 hours of the agreed appointment, the consultant reserves the right to charge 50% of the consultation fee.
§ 10 Cession
10.1. Medicross reserves the right to assign all claims.
10.2. In such cases, the Collection Agency shall receive all personal data from Medicross that is necessary to collect a debt.
Personal data such as name, address, telephone and/or cell phone number are required for the collection of receivables. Medicross will only share this information with the collection agency if it is necessary and required.
If necessary, the collection agency will use this data to contact the Consumer.
10.3. In addition, fees in the amount of €60 are incurred for debt collection, as well as the individual fees of the debt collection company.
The fees for countries outside the Eurozone are converted at the respective daily exchange rate.
This applies to all fees mentioned, see 9.4.
10.4. In accordance with Art. 17 para. 1 GDPR, the data will be deleted if it is no longer required for the debt collection case.
§ 11 Data protection
11.1. All tests are carried out by Medicross itself.
11.2. Medicross will use the Consumer's data for order processing and store it until the expiry of the statutory retention periods. Further information can be found in the information on data protection.
11.3. Medicross destroys the endogenous substance of the consumer in the sense of data minimization professionally and immediately after the test results have been prepared.
11.4. The Consumer is not permitted to publish or forward excerpts (direct or indirect quotations) from communications between the Consumer and Medicross unless the Company has given its consent.
In the context of the provision of services by Medicross, personal information may be processed in accordance with the requirements of freedom of expression. Criminal acts are excluded from this.
11.5. The Consultant undertakes to treat all information and data of the Client confidentially and to use it only for the consulting services. The Consultant shall not disclose any personal data of the Client to third parties.
11.6. After your order, Medicross will send you a request via CusRev (an independent third-party organization) to rate your order. This request can be canceled at any time, even before the email is sent.
11.7. Further information on the processing of personal data can be found and accessed on the Medicross website under Privacy Policy.
§ 12 Nutrition and fasting advice
12.1. The scope of services includes individual telephone advice on the customer's dietary habits as part of the nutritional advice.
12.2. Advice is provided on the basis of the information provided by the customer during the consultation.
12.3. The consultant makes no promises of a cure. The client is responsible for implementing the results of the consultation.
§13 Medicross Plus
Regardless of the statutory rights to warranty and revocation, Medicross voluntarily grants consumers a “satisfaction guarantee.” If the customer is not satisfied with the results of the test, they are entitled to a one-time, free 20-minute consultation with a nutritionist (by phone or video call). There is no entitlement to a refund of the purchase price. The entitlement relates exclusively to the consultation. A cash payment or credit against the purchase price is excluded.
Requirements for claiming:
- Provision of the order number,
- Registration within 30 days of the test results being sent,
- Submission of a completed food diary at least 48 hours before the agreed appointment.
If the food diary is not submitted on time, the entitlement expires.
The consultation can only be used once per order and only in German. In order to conduct the consultation, it is necessary to pass on the customer's contact details (phone number and/or email address) to the nutritionist. Express consent is required for this. Without this consent, the consultation cannot take place. The consumer's legal rights remain unaffected by this voluntary guarantee.
§ 14 Retention of title
All intellectual property rights, e.g. trademarks, remain with DAN Group GmbH or its licensees. The use of its content, including the copying and saving of content in whole or in part, except for personal, non-commercial purposes, is not permitted without the permission of Medicross.
§ 15 Final provisions
15.1. The contract shall remain effective in its remaining parts even if individual clauses are legally invalid.
15.2. The law of Liechtenstein shall apply to all legal relationships between the parties.
15.3. The place of jurisdiction shall be the registered office of Dan Group GmbH - Medicross, unless consumers domiciled in the European Union have the statutory right to bring an action at their place of residence in the event of legal disputes.
15.4. The consumers waive their right to participate in class actions.
Vaduz, 15.12.2025
________
