General Terms and Conditions (T&C)

General Terms and Conditions (T&C)

Laboratory orders from private Test Subjects using («MYSYNLAB»)

1. Scope of application.

These General Terms and Conditions (hereinafter T&C for Patient Laboratory Orders) apply to all laboratory orders from an ordering private individual (“Test Subject”) to SYNLAB Suisse SA or to one of its Swiss affiliates (hereinafter collectively “SYNLAB”) using MYSYNLAB.

2. Ordering using MYSYNLAB.

The Test Subject must use a digital system provided by SYNLAB (e.g. MYSYNLAB). By filling in the fields in MYSYNLAB app completely and truthfully, the Test Subject commissions SYNLAB to carry out the laboratory tests selected by him/her and to prepare a test report. SYNLAB only accepts orders for tests that are offered in MYSYNLAB. By placing the order, the Test Subject confirms that the sample will be collected from him/herself and that he/she wishes to have the test carried out on his/her own behalf.

3. Collecting the test material.

The Test Subject selects an authorised collection site in Switzerland available on MYSYNLAB and one of the time windows offered. SYNLAB will only accept samples that are collected and sent in by a partner in Switzerland authorised by SYNLAB. The patient shall follow the instructions of the personnel when the sample is collected; otherwise, the collection site may suspend the execution of the order.

4. Performing

laboratory analysis: SYNLAB performs the medical laboratory analysis in accordance with the generally accepted state of the art and legal requirements. In addition, SYNLAB prepares a test report for the Test Subject in accordance with the SYNLAB standard. Instructions from the Test Subject on the performance of the laboratory order and the preparation of the test report cannot be accepted. SYNLAB shall not be liable for any delayed or late transmission for technical reasons. SYNLAB is authorised to delegate the performance of some or all laboratory tests to other accredited laboratories. The test material shall be destroyed by SYNLAB after a period of 7 days from the date of receipt.

5. Test report transmission.

The test report is generally transmitted to the Test Subject via MYSYNLAB within the shortest possible period. SYNLAB is authorized to also forward the test results to the Test Subject using a digital solution (which may be unprotected) (e.g. via a patient portal, via Sylex view or via e-mail to the address indicated in MYSYNLAB app). Forwarding the test report to a physician is done by the ordering Test Subject as necessary.

6. Rates and prices.

The applicable rates and prices for laboratory tests according to MYSYNLAB at the time the order is placed shall apply. Prices are inclusive of value added tax. SYNLAB reserves the right to change the rates and prices at any time. Laboratory tests must be paid immediately at the time the order is placed on MYSYNLAB using an online means of payment. SYNLAB may, upon express request, prepare an invoice that meets the requirements of the Health Insurance Act (LaMAL/KVG).

7. Refund.

The Test Subject acknowledges that SYNLAB cannot guarantee that the test will be reimbursed by an insurance company or a government agency; appropriate steps must be taken by the Test Subject him/herself.

8. Medical advice and treatment.

The ordering Test Subject accepts that medical advice and treatment can only be provided by a physician and not by SYNLAB. No correspondence will be carried on with the Test Subject regarding analysis and findings.

9. Data protection and confidentiality.

By placing the order, the Test Subject agrees that his/her personal data may be processed by SYNLAB in the course of executing an order; the Test Subject acknowledges that this data processing may be carried out by third parties domiciled in Switzerland and/or in the EU and, if necessary, by unsecured data transmission. In particular, SYNLAB is authorized to disclose his/her personal data to the relevant authorities as part of a statutory reporting obligation or for other legal reasons (e.g. cancer register, Epidemics Act).

10. Liability.

By submitting the laboratory order, the Test Subject confirms that he/she is solely responsible for interpreting the test report and for deciding whether or not to take medical measures or to visit a physician for medical counselling and treatment. SYNLAB recommends that the Test Subject visit a physician after the laboratory test in order to discuss the test report. SYNLAB is under no circumstances liable for the non-interpretation or incorrect interpretation of the laboratory results or their consequences. SYNLAB is not liable for delayed or late transmission of the test report.

11. Contract termination.

This contract shall terminate automatically upon performance, i.e. upon submission of the test report. SYNLAB is entitled to terminate the laboratory order at any time and without justification.

12. Validity.

These T&C are an integral part of the business relationship between SYNLAB and the Test Subject. The version in force at the time the order is placed shall apply. Any regulations to the contrary shall be binding only if SYNLAB expressly accepts them in writing.

13. Applicable law and jurisdiction.

All legal relationships between the Test Subject and SYNLAB shall be governed exclusively by Swiss law. The place of jurisdiction for all disputes between the parties in connection with this legal relationship shall be Lucerne, Canton of Lucerne, Switzerland. SYNLAB may also sue the Test Subject before the court of his/her place of residence or domicile or before another competent court.