1.IDENTIFICATION OF THE SERVICE PROVIDER
Owner: “24GENETICS, S.L.”.
Offices: Paseo de la Castellana, n.º 95, 28th floor, Madrid (C. P. 28046)
Phone: +34 910 059 099
Data Protection Delegate: DPD@24genetics.com
2. PURPOSE OF THE DOCUMENT
This document establishes the general contracting conditions that regulate the provision by “24GENETICS, S.L.” (hereinafter, 24Genetics) of the genetic analysis services offered by it through the website located at the URL: https://24genetics.com.
Therefore, the set of clauses that make up this document define the content of said provision of services and, in general, the rights and obligations of the contracting parties in the plurality of the contracts that 24Genetics enters into in the exercise of the commercial activity that is proper to it; so that, once these conditions have been accepted by those contracting said services (hereinafter, the “users”, meaning any natural person requesting any of the services offered by 24Genetics through the aforementioned website), they will be applied to the generality of the respective specific contracts entered into with 24Genetics, even if they are not inserted in each specific contract, that is, even if they are not integrated in the text of each one of them.
These general contracting conditions regulate the permission to online access to the genetic analysis services provided by 24Genetics, making available to you a procedure and a secure channel for electronic contracting.
3. FORM OF ACCEPTANCE OF THESE GENERAL CONTRACTING CONDITIONS
All users must accept and comply with these general contracting conditions.
The marking of the corresponding box in the contracting process, as well as the fact of following telematically all the steps established for the same one, supposes the declaration of knowledge and the express acceptance of the present general conditions of contracting on the part of the user, having the same validity that its presential signature. In this way, the user acknowledges being a person with sufficient capacity to acquire the obligations arising from their actions through the website, who has previously read these general conditions of contracting, who understands its content and accepts them as part of the content of their specific contract.
4. REVISION OF THE GENERAL TERMS AND CONDITIONS
In order to keep the contractual framework for the provision of the service as up to date as possible, 24Genetics may unilaterally make changes to these general terms and conditions.
The updated general contracting conditions shall replace the conditions in force up to that moment, and shall become effective for the new services contracted by the users after the modification, subject to their acceptance.
In any case, it will be considered that the user expressly accepts said modifications if he/she re-hires the services offered by 24Genetics on the website once the modification has been made.
If the new general contracting conditions are not accepted, the contractual relationship between both parties shall be deemed terminated as of that moment, without prejudice to the fulfillment of the pending obligations, especially those of economic content derived from the services previously performed by 24Genetics.
5. DETERMINATION OF THE SERVICES RENDERED BY 24GENETICS AND PRICES
1. Users may obtain, upon payment of the established price, access to the following DNA analysis and/or genetic report services:
– “COMPLETE EXOME SEQUENTATION” (necessarily includes genetic test)
– FULL GENOME SEQUENTIALIZATION” (necessarily includes the genetic test)
Generally, the service provided by 24Genetics is comprehensive: the user is sent the personal saliva sample extraction kit, the user deposits his/her saliva in the collection tube, fills out the accompanying forms and returns all this to 24Genetics who, with the sample received, performs the DNA analysis and finally sends the user the corresponding genetic reports.
However, if the user already has a genetic RAW DATA (a file with his/her genetic raw data), the service provided by 24Genetics will be limited to elaborate, in the light of said file, the specific genetic reports that the user has contracted and to send them to him/her.
The genetic tests and reports performed by 24Genetics are hereinafter referred to as CONTRACTUAL PRODUCTS.
2. The prices of the CONTRACTUAL PRODUCTS will be those listed on the website.
24Genetics may modify the prices without any term or condition, and the modification shall be binding on the user from the moment it appears on the website.
6. PROCEDURE FOR CONTRACTING THE CONTRACTUAL PRODUCTS (SERVICES PROVIDED BY 24GENETICS)
1. The entire process of contracting the services shall be carried out in a completely electronic manner through the website developed for this purpose by 24Genetics, located at the URL: https://24genetics.com; and shall be carried out in Spanish, English, French, German, Italian, Portuguese or Polish, depending on the user’s choice.
Within the aforementioned website, the applicant shall access the online store of 24Genetics and shall fill in the electronic form that appears therein, inserting from the data necessary for his/her identification (and, where appropriate, the mention of the representation exercised), to the data required by the tax and billing regulations, including the inclusion of the data necessary for the provision of the service (specification of the CONTRACTUAL PRODUCT requested and place of delivery) and the payment (choice of payment method and confirmation of the purchase).
2. The user declares and guarantees under his responsibility that all the data provided in the form for the initiation of the contracting procedure are truthful, current and adjusted to reality. Consequently, the user will be solely responsible for any false or inaccurate statements made, as well as for any damages, both direct and indirect, caused to 24Genetics or third parties for the information provided, either because the data provided by the user are not updated, or are false or inaccurate or, in any way, do not correspond to reality.
3. Services may be requested twenty-four hours a day, every day of the week. Subject to the right to interrupt the services for system maintenance or any other cause.
7. DELIMITATION OF WHO MAY HAVE ACCESS TO THE SERVICES (USERS)
1. Natural persons may be users (and, therefore, request the services), never legal persons.
2. In case of residing outside Spain, the user declares and guarantees under his/her own responsibility that he/she is not subject to any legal prohibition or restriction including, but not limited to, prohibitions or restrictions related to the sending of our DNA from his/her country of residence or, in general, any prohibitions or restrictions related -directly or indirectly- to the contracting of genetic services such as those requested to 24Genetics.
3. The request for services must always be made by a person duly identified, of legal age and with full capacity to act, although such request may be made either in his or her own name or on behalf of a minor or subject to support measures for the exercise of his or her legal capacity that include his or her representation.
In case of representation:
1º) The user must indicate the data of the person represented (name and surname and identification number), duly identifying him/her;
2º) There must be an absolute absence of conflict of interest between the user and the person he/she represents with regard to the decision making process (the contracting of the services provided by 24Genetics); and
3) If the participation of the principal in the decision making process is possible based on the degree of sufficiency of his or her will, in the case of a person with limited capacity to act, or on his or her maturity, in the case of a minor (which shall be presumed, in any case, if he or she is older than 12 years of age), the principal must also give his or her consent, together with that of his or her legal representative. If it is not possible for the principal to participate in the decision making process because such conditions are not met, the consent of the legal representative shall be sufficient.
4. The user guarantees under his own responsibility the veracity of all the data provided for this purpose in the form for the initiation of the contracting procedure, that is to say, of his identity, legal age and full capacity to act; and, in the case of representation, of the identity of his represented party, of the reality of his representation, of the absence of conflict of interest between both and, likewise, of the origin, if applicable, of the lack of expression of consent of his represented party.
Consequently, the user shall be liable for any false or inaccurate information provided in this regard through the website, and for any damages, direct or indirect, that this may cause to 24Genetics or third parties.
In any case, if 24Genetics doubts the veracity of any of the data provided by the user, it may deny access to the requested services, in which case it will have to proceed to reimburse the amounts pre-authorized by the user, using for such purpose the same means used by the user to pay for the services.
8. PAYMENT OF THE PRICE BY THE USER
24Genetics will proceed to charge for the services immediately upon validation by the user, whose payment may be made using any of the payment methods indicated on the website.
In any case, payment shall not be deemed to have been made until the deposit or transfer has been credited to the account of 24Genetics, so that the contract will only be effective when 24Genetics receives confirmation of payment.
If, for any reason, the transaction is denied by the external financial entity that manages it or if the full amount corresponding to the amount of the services has not been paid, the contract will be suspended, informing the user that the transaction has not been finalized.
9. PROVISION OF THE SERVICE BY 24GENETICS
Once 24Genetics has accredited proof of having received in its account the full payment of the order placed, it will proceed in the following terms for the delivery of the CONTRACTUAL PRODUCTS that make up the order:
A) With regard to the CONTRACTUAL PRODUCTS that include a saliva collection tube:
1st Phase – DELIVERY OF THE COLLECTOR TUBE:
24Genetics will process your shipment within a maximum of 10 days (except for delays not attributable to its will), and the shipment must be delivered to the address indicated when electronically placing the order.
Transport risks and expenses. 24Genetics shall be liable for the loss or destruction, in whole or in part, of the collection tubes shipped, from the perfection of the contract (by the electronic formulation of the order) until delivery, except in case of force majeure or fortuitous event.
Shipping costs shall be borne by 24Genetics, and taxes, official charges and costs related to customs clearance shall be borne by the user.
Obligation to remedy any defects in the DNA kits shipped to the User. 24Genetics undertakes to deliver the DNA kits supplied in perfect condition.
To this end, 24Genetics undertakes to replace any defective kit free of charge, provided that the user notifies it within a maximum period of 7 days from the date of receipt of the kit.
DNA kits that are defective due to the fault of the user are excluded from this warranty obligation.
2nd Phase: SENDING THE USED TUBE TO 24GENETICS:
The user shall be responsible, under his sole responsibility and at his own expense, for the shipment to the offices of 24Genetics, located in Madrid, Plaza de la Castellana, n.º 95, 28th floor, and shall carry out this shipment within a maximum period of 30 months from the date of receipt of the tube by the user and 3 months from the date of deposit of the saliva in the tube.
The user declares and guarantees under his/her own responsibility that the saliva sample provided is his/her own or, if applicable, that of the person he/she represents.
3rd Phase: SENDING OF THE GENETIC REPORT TO THE USER:
From the date of receipt of the tube used by 24Genetics at its offices, 24Genetics will have a maximum period of 9 weeks (except for technical problems, duly communicated to the user) to send the genetic report(s) requested to the e-mail address indicated by the user when electronically placing the order.
If the laboratory is unable to process the saliva sample (either because the amount of saliva provided is not sufficient or because the sample does not contain a sufficient volume of DNA, or because the processing results do not meet the accuracy standards required by 24Genetics), 24Genetics will reprocess the same sample at no cost to the user. And if this second attempt to process the same sample fails, 24Genetics will offer the user, again at no cost to the user, the possibility of sending another collection tube for the user to deposit a second sample. If, however, after the user has accepted the offer, 24Genetics’ attempts to process the second sample fail, 24Genetics will no longer send additional sample collection kits. In any such circumstance, however, the user will be entitled to a full refund of the amount paid to 24Genetics, less shipping and handling charges.
Upon such refund, the user agrees not to resubmit another saliva sample in a new request for 24Genetics’ services. In the event of failure to comply with this obligation, if the processing is unsuccessful, the user will not be entitled to a second processing of the sample or to a refund.
B) For CONTRACTUAL PRODUCTS that do not include a saliva collection tube, since they are limited to a genetic report from an already available RAW DATA:
Except for technical problems duly communicated to the user, 24Genetics will process the shipment within a maximum period of 9 weeks from the date of the order or, if applicable, from the date of receipt of the RAW DATA file if it had not been attached when placing the order; and the genetic report(s) requested must be sent to the e-mail address indicated by the user when electronically placing the order.
10. EXCLUSION OF PROFIT AND OF ANY RIGHT TO THE FRUITS DERIVED FROM GENETIC ANALYSIS
The user knows and accepts that the contribution of his/her DNA sample and the processing of his/her genetic data does not grant him/her any right over the scientific or educational research or publications of the same nature or over the services or products that have been developed by 24Genetics, or by organizations or persons associated with it, to which such contribution and processing have contributed; nor, in general, any right to obtain any economic benefit, since both must be devoid of any purpose or profit motive.
11. RIGHT OF WITHDRAWAL
In accordance with the provisions of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the user shall have the right to exercise the right of withdrawal (leaving without effect the contract concluded), without the need to justify their decision and without the need to justify their decision and without the need to justify their decision, without the need to justify their decision and without penalty of any kind) within 14 calendar days from the date of conclusion of the contract, by simply completing and electronically sending the model withdrawal form attached as APPENDIX I, through the website: https://24genetics. com. In any case, the use of this model is not mandatory, so that to exercise the right of withdrawal, it will be sufficient for the user to notify its decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by mail or email).
However, the user accepts and agrees that the provision of the services may begin before the expiration of the withdrawal period and that, in the event that the withdrawal occurs after the provision of the service has been fully executed, such withdrawal shall not be enforceable against 24Genetics. Therefore, the possibility of withdrawal will depend on the fact that the specific service requested has not been executed by 24Genetics, so that only in the event that the communication of withdrawal has occurred prior to that time, the exercise of this right will be viable.
In the event that the user exercises his right of withdrawal in due time and form, 24Genetics will reimburse the user for the payments made, within 14 calendar days from the date on which 24Genetics was informed of the user’s decision to withdraw from the contract. Such reimbursement shall be made using the same means used by the user to pay for the services, unless the user has expressly provided otherwise. In the event that it is not possible to return the money by the same means used for reasons beyond the control of 24Genetics, the most appropriate option for the refund will be sought, with the amount remaining at the disposal of the user as a deposit.
12. PROTECTION OF PERSONAL DATA AND PROTECTION OF GENETIC DATA
The parties undertake to comply with their legal and contractual obligations under these general terms and conditions. If one party fails to comply with any of its obligations or obstructs the other party’s compliance with its obligations, the other party shall be entitled to claim compensation for damages, both for consequential damages and loss of profit.
The parties shall be liable for the breaches in which they have personally incurred, and the other party shall be indemnified against any error, fraud or fault not attributable to it, and against any damage arising from such breaches attributable to the other contracting party.
In particular, 24Genetics shall not be liable in case of temporary unavailability of the website if this is due to technical reasons of updating or maintenance, or to causes beyond the control of 24Genetics, or to acts of God, force majeure, Internet access problems, or technological problems beyond the diligent and reasonable management of 24Genetics. In all these cases, beyond the control and due diligence of 24Genetics, there will be no compensation to the user for any damages suffered by the user.
14. PARTIAL INVALIDITY
As a general rule, the judicially declared nullity of a part of these general terms and conditions of contract does not entail the nullity of the whole, so that these terms and conditions shall continue to be valid in the remaining parts. In this case, the affected clause or clauses shall be replaced by another or others that preserve the effects pursued by these general contracting conditions.
15. APPLICABLE LEGISLATION
The contract entered into between 24Genetics and the user shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law rules.
16. JURISDICTION AND VENUE
The parties agree to submit to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid to resolve any differences that may arise with respect to this contract or that are related to it, including any question about its existence, validity or termination, or about its interpretation or execution, with express and formal waiver of any other jurisdiction that may correspond to them.
ANNEX I: WITHDRAWAL DOCUMENT
NAME AND SURNAME :
ID card/identity card:
N.I.F. N.º B86093812
Paseo de la Castellana, n.º 95, 28th floor, Madrid (P. C. 28046)
Phone: +34 910 059 099
Subject: Exercise of the RIGHT OF WITHDRAWAL
By means of this document, I hereby exercise the right of withdrawal established in the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, with respect to the contract for the provision of services concluded with “24GENETICS, S.L.” by Internet on […].
The resolution that I am communicating to you is being exercised within 14 calendar days from the date on which the contract was entered into, in accordance with the aforementioned regulation.
At […], on […].
S.D. (only if this form is submitted on paper): […].
This English version of the document has been prepared for information purposes only and has no legal value, so that the only legally binding version of this agreement is the one drafted in Spanish, which can be consulted at https://24genetics.es/condiciones-generales-de-contratacion/