Summary

Terms and Conditions

Version 1.1 - [2025-03-18]

1. Overview – Scope of application

  1. Red Drop Lab SARL (the “Company” or “Red Drop Lab”) is a Swiss limited liability company, having its seat in Aubonne, Switzerland, and registered under the number CHE-213.371.576 in the registry of commerce of the Canton of Vaud.
  2. In order to provide health-related information and insights to its customer (the “Customer”), Red Drop Lab offers various products (the “Products”), including but not limited to user-friendly test kits intended for at-home use by the Customer, without the need for professional medical assistance. Red Drop Lab also provides various services in connection with the Products (the “Services”), including but not limited to the communication of test results derived from the analysis of the samples and materials collected with the Products purchased by the Customer (the “Test Results”).
  3. These general terms and conditions (the “Terms and Conditions”) govern the purchase and/or use of the Products and/or Services provided by Red Drop Lab to the Customer. These Terms and Conditions shall apply to the contractual relationship without requiring explicit acknowledgment by the Customer. By purchasing and/or using Products and/or Services, the Customer agrees to be bound by these Terms and Conditions and to receive all communications and notices from Red Drop Lab
  4. In case all or part of these Terms and Conditions are translated in any other language than English (irrespective of the source of such translation), the English wording shall prevail in any case.

2. Agreement

  1. The Customer must be domiciled in Switzerland or in EU or in EEA and be at least eighteen (18) years old to purchase and/or use and/or benefit from the Products and/or Services.
  2. Upon placing a Purchase Order, the Customer agrees to enter into a contractual agreement with Red Drop Lab (the “Agreement”), which is governed by these Terms and Conditions. The Agreement becomes valid and binding once Red Drop Lab has expressly confirmed the Purchase Order (the “Purchase Confirmation”).
  3. For the proper record-keeping of both Red Drop Lab and the Customer, only terms and conditions that can be evidenced in writing (including but not limited to emails and/or other electronic means of communication) shall be considered validly agreed upon by Red Drop Lab and the Customer.
  4. Subject to any contrary Section contained in these Terms and Conditions, an Agreement may not be terminated nor rescinded by the Customer unilaterally before the purchased Services have been fully executed by Red Drop Lab as defined in Section 2.

3. Prices & Payment Methods

  1. All prices communicated to the Customer, whether directly or indirectly (the “Prices”), are expressed in Swiss francs (CHF) and include VAT unless otherwise specified. If the Prices are indicated in any other currency than Swiss francs, that currency shall apply and be payable by the Customer, as indicated in the Purchase Confirmation.
  2. Unless otherwise stated, the Prices do not include third-party services or their associated costs (such as transport services). Red Drop Lab may, at its discretion, cover the cost of third-party services on behalf of the Customer, provided that the Customer shall reimburse Red Drop Lab upon first request.
  3. Information related to accepted payment methods are provided during the purchasing process of the Products.
  4. Any payment made by the Customer for a Purchase Order (the “Payment”) is processed independently through third party service providers. Therefore, the Red Drop Lab does not collect or store any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
  5. If a Payment made through the accepted payment methods fails or is refused by the third-party payment service providers, the Company is under no obligation to fulfill the Purchase Order and reserves the right to seek reimbursement for any related expenses incurred or damages caused.

4. Delivery, Returns and Suspension/Discontinuation of the Products and Services

  1. The delivery of the purchased Product(s) (the “Delivery”) is available exclusively within Switzerland or EU or EEA and is carried out by Swiss Post. Packages are designed to fit Swiss mailbox size requirements, and their receipt does not require a signature.
  2. The Delivery takes place only after the Payment, including the payment of any applicable shipping fees, has been received by Red Drop Lab.
  3. Any risk of loss or damage, or any risk related to the Delivery is transferred to the Customer once Red Drop Lab hands over the Product(s) to the delivery providers.
  4. The Customer must inspect the delivered Product(s) immediately upon receipt for accuracy, completeness, and any transport damage. Any transport damage, defects, or discrepancies in the delivery must be reported to Red Drop Lab as soon as they are detected and no later than five calendar days from the date of receipt of the delivered Product(s).
  5. The Customer may return unopened, undamaged Products within fourteen (14) days from their receipt. The Customer is responsible for all return shipping costs. Warranty claims are expressly excluded for delivered Products that have been damaged or rendered unusable due to improper handling by the Customer, as well as for Products ordered by mistake.
  6. In the event of temporary unavailability of the purchased Product(s) and/or Services, Red Drop Lab shall inform the Customer as soon as reasonably possible, including by providing an estimated revised timeline for the Execution of the Services.
  7. Red Drop Lab shall not be held liable for any suspension and/or discontinuation and/or permanent unavailability of the purchased Product(s) and/or Services, even if all or part of the purchased Product(s) and/or Services are not made available at a later stage. In such cases, the Customer’s sole reimbursement claim against Red Drop Lab shall be limited to the amount of the price for the purchased Product(s) that were to be delivered and/or Services that were to be rendered.

5. Use of the Products

  1. The Customer may only purchase and/or use the Products and/or the Services for personal use.
  2. The Customer is required to carefully read and follow the instructions provided upon the purchase of the Product(s) (the “Instructions”). In case of any doubts or uncertainties, the Customer is encouraged to contact Red Drop Lab via the software provided by Red Drop Lab to the Customer as part of the Services (the “Application”) or at the following email address: support@reddroplab.com. No reimbursement will be provided for any issues arising from failure to adhere to the Instructions.
  3. Any purchase and/or use of the Product(s) and/or Services made in violation of the Instructions or the Agreement, any incorrectly collected samples and/or any issues/disfunctions of the Product(s) due to the Customer’s failure to comply with the Instructions shall not trigger the liability of Red Drop Lab, nor entitle the Customer to any no reimbursement of any kind.

6. Test Results

  1. The purchased Services are deemed executed when the Customer has received the Test Results corresponding to the purchased Product(s) and Services.
  2. Red Drop Lab will communicate the Test Results to the Customer, provided that the Customer has complied with the Instructions and that the Customer has sent the relevant information, samples, and materials to Red Drop Lab’s address indicated on the return envelope contained in the Product, from a Swiss postal address, no later than the relevant deadlines specified in the Purchase Confirmation, in accordance with Section 1.
  3. The Test Results may be communicated, subject to availability, in writing, via email, the Application or any other method indicated by Red Drop Lab in the Instructions.
  4. The Test Results are provided ‘as is’ or ‘as received’, and without any guarantee of accuracy or completeness. The Test Results do not constitute medical advice, a diagnosis nor a confirmation of symptoms but is based solely on statistical data (such as age and gender), medical guidelines, standardized information intake as recommended by a qualified medical professional, and the Customer’s input. The Test Results may provide the Customer with, among other things, a statistical risk assessment for certain conditions, recommendations regarding test frequency in accordance with medical guidelines, or data that may be useful for healthcare professionals. For the avoidance of doubt, the Company makes no representations nor guarantees regarding any clinical or medical outcomes.
  5. The Customer is expressly advised to consult a qualified healthcare professional before making any health-related decisions based on the Test Results. In the event of positive test results or results falling outside the reference value ranges, the Customer is strongly advised to seek prompt professional medical guidance.

7. Information

  1. All information, including questionnaires, the responses to such questionnaires and results (the “Information”), available on the website, the App and/or any other form of communication (e.g. emails, notifications…) is provided ‘as is’ or ‘as received’, without any guarantee of accuracy or completeness. The Information does not constitute medical advice, a diagnosis nor confirmation of symptoms but is based solely on statistical data (such as age and gender), medical guidelines, standardized information intake as recommended by a qualified medical professional, and the Customer’s input. Questionnaires may provide the Customer with, among other things, a statistical risk assessment for certain conditions, recommendations regarding test frequency in accordance with medical guidelines, or data that may be useful for healthcare professionals.
  2. The Customer is expressly advised to consult a qualified healthcare professional before making any health-related decisions based on the Information provided.

8. Disclosure to Swiss Authorities

  1. Red Drop Lab may be required to disclose certain Test Results and Information to the Swiss authorities in compliance with applicable laws and regulations. Such disclosures will be made only to the extent required by law and Red Drop Lab will ensure that only the necessary information is provided.
  2. The Customer acknowledges and agrees that Red Drop Lab shall not be liable for any consequences resulting from the disclosure of Test Results and Information to the Swiss authorities as required by law.

9. Deadlines

  1. The Purchase Confirmation includes the timeline for the Delivery and the effective execution of the purchased Services by Red Drop Lab (the “Execution of the Services”), contingent upon Red Drop Lab receiving the relevant information, samples, and materials from the Customer no later than the relevant deadlines specified therein. In the event of non-compliance with a deadline, Red Drop Lab will use its best endeavors to provide the Services expeditiously, within reasonable commercial terms.
  2. In the absence of any specific timeline provided in accordance with Section 1, the applicable deadlines shall be those set forth in Red Drop Lab’s current official notice, which may be issued in writing or published on the Website.
  3. In any event, any failure by Red Drop Lab to comply with the applicable deadlines shall not entitle the Customer to reimbursement of any kind, unless the Customer has previously and specifically notified Red Drop Lab in writing that, if the failure to comply with the timeline for the Delivery and the Execution of the Services is not remedied within ten (10) business days from the date of receipt of such notice, the Customer will terminate the Agreement. In such cases, the Customer’s sole reimbursement claim against Red Drop Lab shall be limited to the amount of the price for the purchased Services that were to be rendered.

10. Force Majeure

  1. In the presence of any event or circumstance beyond the reasonable control of Red Drop Lab that prevents the Company from fulfilling its obligations under the Agreement (the “Force Majeure Situation”), Red Drop Lab shall make its best efforts to inform the Customer of such an occurrence as soon as reasonably practicable.
  2. The occurrence of a Force Majeure Situation shall not trigger the liability of Red Drop Lab. The Company’s obligations shall be automatically suspended for the duration of the Force Majeure Situation. Red Drop Lab shall resume fulfilling its obligations under the Agreement, to the extent useful and appropriate, as soon as reasonably practicable, once the Force Majeure Situation ends.
  3. If the Force Majeure Situation prevents the Company from fulfilling its obligations under the Agreement or if such fulfilment is deemed neither useful nor appropriate, Red Drop Lab and the Customer will engage in amicable discussions to reach a fair agreement, taking into account, in particular, the portion of the Services already rendered and the respective benefits derived by each party up to the point the Force Majeure Situation occurred.

11. Third Party Service Providers

  1. To execute the purchased Services and fulfill its obligations under the Agreement, Red Drop Lab is authorized to engage third party service providers, suppliers, subcontractors and/or contractual partners (the “Third Parties”). The Third Parties that may implicated in the Execution of the Services include but are not limited to logistical service providers, payment service providers, software providers, the manufacturers of the Products, laboratories, doctors or pharmacies
  2. Unless otherwise expressly stated in writing by Red Drop Lab in a specific case, any services provided or to be provided by Third parties in connection with the Agreement shall be performed without any liability on the part of the Company, as Red Drop Lab’s responsibility is strictly limited to the selection and instruction of such third parties.
  3. In particular, any services involving software, remote access, website(s) and/or the use of any third party devices are not guaranteed to be permanently available to the Customer. Temporary interruptions shall be considered acceptable and shall not give rise to any liability on the part of the Company.
  4. Red Drop Lab is not authorized to represent the Customer in dealings with Third Parties, nor is the Customer authorized to represent Red Drop Lab in any capacity towards any third party.

12. Limitation of Liability

  1. To the extent permitted by applicable law and subject to any contrary Section contained in these Terms and Conditions, Red Drop Lab’s liability is excluded.
  2. To the extent permitted by applicable law, the liability of the Red Drop Lab’s Third Parties is excluded.
  3. The Company shall not be liable for failure to perform or inadequate performance of its obligations if such failure is attributable to the Customer, the unforeseeable and insurmountable actions of a third party, or a Force Majeure Situation. For example, in cases of inaccurate or missing Test Results due to the Customer’s failure to follow the provided Instructions, neither the Company nor any of the Third Parties shall be liable.
  4. The Customer must immediately notify Red Drop Lab of any issues or non-conformities related to the use of the Product(s) and/or Services provided, in writing at the following address: support@reddroplab.com The Company will not assume any liability for any consequences arising from the Customer’s failure to provide such immediate notification.
  5. Red Drop Lab maintains insurance coverage for third-party claims arising from the Product(s) and Services. The Company’s liability will not exceed the amount of the Price to be paid by the Customer for the purchased/delivered Product(s) and/or Services

13. Intellectual Property

  1. Red Drop Lab shall at all times remain the exclusive owner of all intellectual property rights related to the Products and Services. These intellectual property rights include, but are not limited to, patents, copyrights, trademarks, know-how, methods, concepts, and any similar rights, whether registered, in the process of registration, or unregistered.

14. Severability, Amendments and Addendum to the Terms and Conditions

  1. Should all or part of a Section of these Terms and Conditions be or become invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remainder of the provision or the other provisions of these Terms. In such event, such invalid or unenforceable Section shall be enforced to the fullest extent permitted under the applicable law and the excluded Section shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the excluded Section.
  2. Red Drop Lab reserves the right to amend these Terms and Conditions unilaterally at any time. Any amendments will be clearly communicated to the Customer promptly after they have been made.
  3. Red Drop Lab may, in addition, provide the Customer with supplementary documents, recommendations, or instructions that are relevant to the Agreement, beyond those specified in these Terms and Conditions. Such additional documents shall form an integral part of the Agreement and shall be adhered to by the Customer.

15. Applicable Law and Jurisdiction

  1. These Terms and Conditions, the Agreement and any other related documents are governed by, and construed in accordance with the laws of Switzerland, excluding the conflict of law provisions thereof.
  2. Any disputes arising out or in connection with these Terms and Conditions or the Agreement, which the Customer and the Company fail to resolve amicably, shall fall within the jurisdiction of the courts of the seat of Red Drop Lab, in Aubonne, Switzerland.