General terms and conditions

GENERAL TERMS AND CONDITIONS

Preamble

These general terms and conditions (hereinafter referred to as the "GTC") apply to the provision of the genetic analysis service, specified in more detail on the provider's website (hereinafter referred to as the "service"), provided that the client is a consumer. These VZP are considered an integral part of the contract concluded between the provider and the client-consumer through the web interface located on the provider's website www.dna4fit.com and also on the website for the subscription kit registration www.my.dna4fit.com. In the event that the contracting parties have agreed on a deviating regulation of some rights or obligations in the contract, the given agreement takes precedence over the wording of these General Terms and Conditions. The client recognizes these GTC as binding for all performance to be carried out on the basis of the contract of which they are a part, while waiving the use of its own general contractual conditions.

The provider is the company APROCON s.r.o., with registered office at Landererova 1, 811 09 Bratislava, IČO 36 704 407, registered in the commercial register of the District Court Bratislava I, section: Sro, insert no.: 43306/B. The contact details of the provider are as follows:

  • e-mail: support@dna4fit.sk
  • phone number: 0904 590 590
  • The address for making a complaint is the same as the address of the provider's registered office.

The provider emphasizes the fact that the service it provides is not the provision of health care, but is only informative in nature. Despite the fact that the provider makes every effort that can reasonably be expected of him, he does not guarantee the accuracy or completeness of the results of the genetic analysis, as the state of scientific knowledge in the given field is constantly evolving. Therefore, any decision of a personal nature or a decision regarding his health condition should be consulted by the client with an expert with relevant qualifications, especially a doctor, and should not rely solely on the results of the genetic analysis.

In certain special cases, it is not objectively possible to carry out all the analyzes that should be part of the provided service. For technical or biological reasons, it is not always possible to obtain unequivocal information for specific analyzed DNA loci. In other words, the detected signal may be of such low quality that it is not possible to confirm with absolute certainty that it is a correct result. In the interest of ensuring high quality, scientific accuracy and correctness of the analysis results, the provider cannot subsequently interpret the given result. Therefore, some partial results may be absent in the final report. If a maximum of two partial analysis results are missing from the final report, the service is considered to have been provided without defects.

I.

Registration

  1. The provider does not condition the delivery of the service on the client's obligation to create a user account on the provider's website. However, if the client chooses this option, as part of the registration process, he is obliged to fill in all the required data and, in the event of a change, to update them immediately. The provider is not responsible for any damage or injury that arose in causal connection with the violation of the given obligation by the client.

II.

Access to the user account

  1. The registered client is obliged to ensure the protection of login data to his user account on the provider's website. If the client discovers that a third party has gained access to the login data to his user account, he is obliged to immediately notify the provider of this fact, while the provider will then take measures to limit access to unauthorized persons. The provider is not responsible for any damage or injury incurred by the client in connection with the violation of the above obligations of the client.
  2. The provider undertakes to take measures to ensure the functionality and availability of its website, however, due to the necessity of ensuring the maintenance of hardware and software equipment, it is not in its ability to ensure continuous access. The user is also not responsible for technical problems that were caused by the actions of third parties that he could not influence.
  3. If the provider becomes reasonably suspicious that a third party has gained access to the client's user account, it is entitled to take the necessary measures to limit its misuse, including its temporary or complete deactivation.

III.

Conclusion of the contract

  1. The subject of the contract is the paid delivery of the service at the price and conditions specified in the order, which the client sends to the provider in the form of a completed form via the provider's website (hereinafter referred to as the "order"). The main characteristics of the service are listed on the provider's website. For the avoidance of doubt, an order is considered a proposal to conclude a contract. The payment conditions, delivery conditions and approximate service delivery time are available to the client on the provider's website.
  2. When creating an order, the client chooses the type of service, its quantity, payment method and delivery method and address. If he does not have a registered user account, he is also obliged to fill in personal data to the extent necessary for the delivery of the service. The order summary will then be displayed. Before sending the order, the client is obliged to check its content and the correctness of the filled-in data. Until the order is sent, the client is entitled to modify or cancel it. Before sending the order, the client is warned that if he sends it, he is obliged to pay the price of the service.
  3. Before sending the order, the client is obliged to confirm that he has familiarized himself with these General Terms and Conditions, and he is also obliged to grant explicit consent to the processing of a special category of his personal data for the purpose of providing the service. If the client does not grant consent according to the previous sentence, he will not be able to continue with the order process.
  4. The client sends the order by clicking the Send order button with payment obligation. The client is bound by the sent order.
  5. After the client sends the order, an automatically generated message about the acceptance of the order by the provider will be sent to his e-mail address, which, however, does not constitute acceptance of the order. The following VZP and the complaint procedure will be attached to the order acceptance report.
  6. Acceptance of the order will be sent to the client's e-mail address in the form of a separate message, which will include, in particular, the name and specification of the service that is the subject of the contract, information about its price and estimated delivery time, delivery address and price data, and transport conditions. The moment when the acceptance of the order reaches the sphere of the client's disposition, the contract is concluded.
  7. The client is entitled to cancel the sent order only until the acceptance of the order is received by phone or by e-mail addressed to the provider. The provider's contact details are specified above.
  8. In the event that the provider is unable to deliver the ordered service to the client, or is unable to comply with the agreed terms of its delivery, it will immediately inform the client by e-mail and, if possible, provide him with a replacement offer. If the client accepts this replacement offer, it is considered that the parties have reached an agreement on the novation of the original obligation, i.e. the replacement of the original contract with a new one.
  9. If the client does not accept the replacement offer according to the previous point, he is entitled to withdraw from the contract. In the event that the client uses the option to withdraw from the contract, the provider will return to him the paid part of the service price and the compensation for paid ancillary services and services within 14 days from the moment of withdrawal from the contract, to his bank account, unless the contracting parties agree otherwise.
  10. The provider reserves the right not to deliver the ordered service and to withdraw from the contract in the event of an obvious technical error on the part of the provider when indicating the price of the goods in the online store or during the ordering process. In such a case, the appropriate procedure is followed according to points 8 and 9 of this article.

IV

Service price and payment terms

  1. The price of the service is indicated on the provider's website in relation to the specific service, including value added tax in the sense of valid and effective legal regulations, or all other taxes and fees, unless otherwise stated in these GTC.
  2. Methods of paying the price of the service, including any costs associated with the given payment method, will be specified as part of the order process.
  3. The client is entitled to the provision of the service at the price that was stated on the provider's website at the time the order was sent, with the exception stated in Article III point 10 of these GTC. The price of the service, which was agreed in the contract, is indicated in the order acceptance.
  4. Costs for the use of remote means of communication (telephone, Internet, etc.) to place an order are at a normal amount, depending on the tariff of the telecommunications services that the client uses.
  5. The client's obligation is to pay the price of the service to the provider in the agreed manner and within the agreed term according to the contract, but no later than upon delivery of the kit for the collection of biological material, if the client chose the cash on delivery option when creating the order. . When paying by means of a non-cash transfer to the provider's account, the price of the service is considered to be included at the time of its crediting to the provider's account. The tax document will be delivered to the client electronically by sending it to the e-mail address indicated on it.
  6. The client is obliged to take over the ordered kit for the collection of biological material and is obliged to enable its delivery, in particular by having his personal data, important for the delivery of the shipment, and at the time of delivery will be located at the given address.
  7. The client is obliged to take over the ordered kit for the collection of biological material and is obliged to enable its delivery, in particular by having his personal data, important for the delivery of the shipment, and at the time of delivery will be located at the given address.
  8. In the event that ancillary services and services (e.g. shipping costs, packaging, etc.) are not considered part of the service price, the client will be notified of this fact and their amount before sending the order to the provider.
  9. If, for reasons on the part of the client, it is necessary to repeat the delivery of the kit for the collection of biological material or the paper form of the results of the genetic analysis, the purposefully incurred costs of repeated delivery shall be borne by the client.

V

Service Provision

  1. After ordering the service, a special meaningless identifier will be randomly generated for the client, which will be used to anonymize the client's data when providing the service.
  2. On the basis of the concluded contract, the client will be delivered a set intended for the collection of his biological material through a saliva swab from the oral cavity. The provider is obliged to supply the client with a kit for the collection of biological material and ensure its transportation in a manner necessary for its preservation and protection.
  3. The subject set will contain a precise specification of the correct procedure for the purpose of collecting usable biological material and sending it for analysis in the Slovak language (hereinafter referred to as "instructions for use"). The client is obliged to proceed in accordance with the instructions for use, otherwise the provider is not responsible for the quality of the service provided.
  4. After collecting the biological material, the client is obliged, in accordance with the instructions for use, to label and pack the sample in the attached envelope and send it to the address indicated in the instructions for use. The client is entitled to send only his biological material for the purpose of analysis. Since the genetic analysis and the sending of its results take place without assigning the identity of the client, the provider bears no responsibility in the event of a breach of this obligation by the client.
  5. The client is then obliged to register on the website my.dna4fit.com. The registration process can only be done through the barcode and security code of your sampling kit.
  6. The results of the analysis, which are the subject of the service provided, will be delivered to the client in printed form to the address he specified when ordering and, if he registered, also in electronic form to his user account on the provider's website.
  7. The provider warns the client that the final report on the results of the genetic analysis is the author's work. The client is entitled to familiarize himself with it, to save an electronic copy on his own device and to make one compliance in paper form from the electronic version for his own use. However, he is not authorized to exercise any other rights belonging to the author, in particular to make further copies of it, to process it or to publicly distribute it. By ordering the service, the client does not have any rights to use registered brands, trade names, company logos or patents of the provider or third parties.
  8. The client's biological material will be destroyed immediately after the analysis.

VI

Right to withdraw from the contract

  1. The client complies with the provisions of § 7 par. 1 of the Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment and supplementation of certain laws entitled to withdraw from the concluded contract even without giving a reason, within 14 days from the date of its conclusion .
  2. As in the sense of the contract, the service is to be provided before the expiration of the withdrawal period, the client explicitly confirmed before sending the order that the provision of the service began with his consent and at the same time declared that he was informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided. The delivery of the results of the genetic analysis in the scope according to the order to the client's user account is considered to be the complete provision of the service.
  3. The client can exercise the right to withdraw from the contract according to point 1 of this article with the provider in the form of a document delivered to the address of the provider's headquarters or by e-mail sent to the address: support@dna4fit.sk. The client can use the form to withdraw from the contract. The deadline for withdrawal from the contract is considered to be preserved if the notice of withdrawal from the contract was sent to the provider no later than the last day of the deadline according to point 1 of this article. In the event that the client sent the notice of withdrawal from the contract to the provider electronically, the provider will immediately send him a confirmation of receipt of this notice by e-mail after receiving the withdrawal from the contract.
  4. The provider shall return to the client without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees. If the client has chosen a different delivery method than the cheapest common delivery method offered by the provider, the provider is not obliged to refund the client the additional costs that represent the difference in the shipping price. The refund will be made in the same way that the client used for payment, except in the case of payment by cash on delivery, when the client is obliged to inform the provider of the number of the bank account to which the provider will return the payment to the client.
  5. After withdrawing from the contract, the client is obliged to return the unpacked and undamaged kit for the collection of biological material to the provider at the address of its headquarters within 14 days (if it was delivered to him by the provider before the withdrawal). The costs of its return are borne by the client.
  6. The set for the collection of biological material cannot be sent by the client to the provider on cash on delivery, or in any other way requiring the provider to pay before taking over, such a shipment will not be accepted by the provider and the delivery will be ineffective for reasons on the part of the client, who is obliged to return the shipment in the form of ordinary or business package by post or forwarding company.
  7. In the event that the client cannot fulfill the obligation to return the unpacked and unused kit for the collection of biological material to the provider, and before sending the order to the provider he has given his consent according to point 2 of this article, he is obliged to reimburse the provider for its value.
  8. In the event that, before the client's withdrawal from the contract, the provider, through persons authorized by him, began to carry out genetic analysis and the client, before sending the order to the provider, gave consent in accordance with point 2 of this article, the client is obliged to pay the provider the price for the actually provided performance by the date of delivery of the notification of withdrawal from the contract.

VII

Liability for defects and its application

  1. The provider's responsibility for defects in the delivered service, the procedure in the event of a liability claim and the specification of the client's claims are regulated separately in the Complaints Procedure, which is published on the provider's website.

VIII

Personal data protection

  1. Principles of personal data protection are contained in a separate document published on the provider's website.

IX

Alternative dispute resolution

  1. In accordance with § 11 par. 1 of Act no. 391/2015 Coll. on the alternative resolution of consumer disputes, the client has the right to contact the provider with a request for redress, if he believes that the provider has violated his rights or is not satisfied with the way in which the provider handled his complaint. If the provider responded negatively to the given request or did not respond to the request within 30 days from the date it was sent, the client has the right to file a motion to initiate an alternative dispute resolution pursuant to § 11 par. 2 of Act no. 391/2015 on alternative resolution of consumer disputes. The client has the right to choose the subject of alternative resolution of the consumer dispute. The current list of subjects of alternative resolution of consumer disputes and more detailed information about alternative resolution of consumer disputes, in particular about the possibilities and conditions of alternative resolution of consumer disputes, can be found on the website of the Ministry of Economy of the Slovak Republic. An example of such an entity is the Slovak Trade Inspection, with registered office: Prievozská 32, 827 99 Bratislava, ID: 17 331 927, which can be contacted for the stated purpose at the address Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32 , 827 99 Bratislava 27, or electronically at ars@soi.sk or alebo@soi.sk. The Internet address is: https://www.soi.sk/.
  2. European Consumer Center Slovak Republic, with registered office Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk /is the contact point according to the Regulation of the European Parliament and the Council (EU) no. 524/2013 of May 21, 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and directive 2009/22/EC (regulation on the resolution of consumer disputes online).

  1. The alternative dispute resolution platform, through which a consumer can submit a proposal to start an alternative dispute resolution, is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK. li>
  2. The client is entitled to address any complaints or suggestions to the provider in writing or by e-mail to the provider's address or the e-mail address listed in these GTC.

X

Supervisory authorities

  1. The provider is authorized to provide services on the basis of a trade license. The trade inspection is carried out by the relevant district office, trade business department, within its competence. The Slovak Trade Inspection supervises, among other things, compliance with Act No. 250/2007 Coll. on consumer protection as amended by regulations and Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain laws as amended.

XI

Final Provisions

  1. All agreements and legally relevant actions of the contracting parties must be made in writing. For the avoidance of doubt, the delivery of an e-mail message to the e-mail address of the contracting party specified in the order or when registering a user account is considered proper delivery in written form in accordance with this provision of the VZP.
  2. The provider is not responsible for errors arising as a result of the intervention of third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the client must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
  3. Individual provisions of these GTC are enforceable independently of each other, and the invalidity of any of them will not have any effect on the validity of the other provisions, except in cases where, due to the importance of the nature or other circumstances relating to such invalid provision, it is clear that the given provision cannot be separated from other relevant provisions. In the event that any of the stated provisions is invalid, while its invalidity is caused by some of its parts, the given provision will apply as if the part in question had been deleted. However, if such a procedure is not possible, the contracting parties undertake to ensure that all necessary steps are taken in order to agree on a provision with a similar effect, which replaces the invalid provision in accordance with the relevant legal regulation. Should any provision of these VZP be ineffective, the effectiveness of the other provisions remains unaffected.
  4. These VZP, the contract and relations resulting from the contract or related to the contract are governed by the legal regulations of the Slovak Republic. Relations not regulated in these VZP or in the contract are governed by the relevant provisions of Act no. 40/1964 Coll. of the Civil Code as amended and other generally binding legal regulations of the Slovak Republic.
  5. Without prejudice to any provision of these GTC, the contracting parties have agreed that the use of any provision of any law of the Slovak Republic that is not mandatory is expressly excluded to the extent that its use could change (or whether in whole or in part) the meaning or content of any provision of these VZP or the contract. This does not affect consumer rights resulting from generally binding legal regulations.
  6. All disputes resulting from the VZP or the purchase contract or in connection with them will be resolved primarily by agreement and mutual negotiations in order to reach an agreement on possible disputes. These negotiations must be conducted in good faith and with the aim of preserving the purpose pursued by these VZP. In the event that this agreement cannot be reached, the jurisdiction of the general courts of the Slovak Republic is given to decide disputes.
  7. Before sending the order, the client confirmed that he had familiarized himself with these VZP in detail, understood their content and agreed with them without reservation.
  8. These VZP become valid and effective on July 1, 2020