1.1 Identifying data of the ‘Service Provider of the Information Society (24Genetics S.L.)
In accordance with article 10 of Law 34/2002, on Services of the Information Society and Electronic Commerce, it is brought to your attention that 24Genetics S.L. -whose commercial name in this portal is 24Genetics.com- (hereinafter, “24Genetics.com”), a company registered in the Mercantile Registry of Madrid, with CIF B86093812, is the owner of the activity displayed, among others, through of the website http://www.24Genetics.com. The corporate address of 24Genetics.com is located at Calle Juan Montalvo 17 in Madrid, Spain and the Commercial address is at Paseo de la Castellana 95 Floor 15A 28046 in Madrid. In case you wish to contact us, you can contact the commercial address, as well as through the e-mail: info@24Genetics.com.
1.2 Acceptance and validity of the General Conditions.
Both the navigation and the use and / or acquisition of any of the services offered on this website attributes to you the condition of User and implies your full and unreserved acceptance of each and every one of the General Conditions (hereinafter, the “General Conditions”) in force at the time you, as User (hereinafter, the “User”), access the page http://www.24Genetics.com (hereinafter, “the Web page” or simply ” the Web”). 24Genetics.com may, at any time and without prior notice, modify these General Conditions by publishing such modifications on the Website in order that they may be known by Users at any time, reserving the right to unilaterally modify, in at any time and without prior notice, the presentation, configuration and contents of the Web page, as well as the conditions required for its use. Therefore, 24Genetics.com recommends the User to print or save and, in any case, read the General Conditions each time he accesses the Web page. Likewise, it reserves the right to suspend or terminate, at any time and without prior notice, all or part of the services offered on the Website.
2. GENERAL CONDITIONS OF USE OF THE WEB PAGE.
2.1 Use of the Web page.
The User agrees to use the Web page in accordance with the Law, with these General Conditions, with the moral and generally accepted good customs and with public order, responding to 24Genetics.com, or against third parties of any damages. that could be caused as a consequence of the breach of said obligation. The User will abstain from using the Web page for illicit purposes or effects, contrary to the provisions of these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden or deteriorate the Website or the server on which it is hosted, or prevent its normal use or enjoyment. In the cases in which it is necessary for the use of any of the services included in the Web page, the introduction of a user name (hereinafter, “login”) and password (hereinafter, “password”), the User will it undertakes to make diligent use and not to make its login and password available to third parties, and must notify 24Genetics.com, as soon as possible, of its loss, theft or any other circumstances that may have compromised its secrecy.
2.2 Obligations of the User
In general, the User undertakes to comply with these General Conditions, as well as comply with the special warnings or instructions for use contained therein or on the Website and always act in accordance with the Law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service you enjoy, abstaining from using the Web page in any way that may prevent, damage or impair the normal functioning of the same, the assets or rights of 24Genetics.com, its suppliers, the rest of Users or, in general, of any third party. Specifically, and without implying any restriction to the obligation assumed by the User in general, in accordance with the previous paragraph, the User agrees, in the use of the Website, as well as in the provision of services to: (I) in the case of registering, the User is obliged to provide truthfully the data provided and keep them updated; (II) not to introduce, store or disseminate on or from the Website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence, discrimination based on race, sex, ideology, religion or any other social or personal condition or circumstance (eg, for health reasons), or in any way violates morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general the current regulations; (III) not to introduce, store or disseminate through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Website, in any of the services offered on the Web page, or any of the equipment, systems or networks of 24Genetics.com, of any User, of the providers of 24Genetics.com or in general of any third party, or in any other way be able to cause any type of alteration or prevent the normal operation thereof; (IV) to adequately safeguard the login and password provided by 24Genetics.com to Users, as identifiers and enablers for accessing the services offered on the Website, pledging not to cede their use or to allow the access to them from third parties, keeping 24Genetics.com undamaged and assuming the User the responsibility for the damages that may be derived from their improper use. Likewise, the User agrees to notify 24Genetics.com, as quickly as possible, of their loss or theft as well as any risk of access to the login and / or password by a third party; (V) not to carry out advertising, promotional or commercial exploitation activities through the website not expressly authorized by 24Genetics.com, nor use the contents and in particular the information obtained through the website to send advertising, send messages with purposes of direct sales or for any other commercial purpose, nor to collect or store personal data of third parties; (VI) not to use false identities, or to impersonate the identity of others in the use of the Web page or in the use of any of the services of the Web page, including the use in their case of passwords or access codes of third parties or in any other way; (VII) not to destroy, alter, use for its use, disable or damage the data, information, programs or electronic documents of 24Genetics.com, its suppliers or third parties; (VIII) not to introduce, store or disseminate through the Web page any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which it will not hold, in accordance with the law, the right to put it at third party disposition.
2.3 Liability exemption.
24Genetics.com will only be liable for any damages that the User may suffer as a result of the use of the Website, when said damages are directly attributable to him. Regarding the information and content included in the website or to which you may have access as a result of the links established in it, 24Genetics.com does not guarantee, in any way, or access at any time to such information and content , nor its accuracy, nor its actuality or updating, nor its suitability or usefulness for the User’s purposes, not being responsible for the damages and losses of any nature that may be due to the transmission, diffusion, storage, availability, reception, obtaining or accessing the contents included in the Web page or those to which access is gained as a result of the links established therein. 24Genetics.com exempts itself (and the User accepts it) from any responsibility for the improper or unauthorized use of the login and password and for the lack of diligence of the User in preserving the secret thereof. Likewise, 24Genetics.com exempts itself (and the User accepts it) from any liability for damages of any kind that may be due, with a purely enunciative and non-limiting character, to (I) the presence of viruses or other harmful elements on the Web page, or Web pages that can be accessed through the links established in the one that may produce alterations in the computer system, electronic documents or files of the Users; (II) interferences, omissions, interruptions, breakdowns and / or disconnections in the operational functioning of this electronic system or in the computers and computer equipment of the Users, motivated by causes beyond 24Genetics.com, that prevent or delay the provision of the services or navigation through the system and the Web page; (III) delays or blockages in use caused by deficiencies or overloads of the Internet or in other electronic systems; (IV) that may be caused by third parties through illegitimate intrusions beyond the control of the Website and that are not attributable to 24Genetics.com; (V) the divergences of the information, documentation and / or other content of the Web page that may exist between the electronic version and the printed version; (VI) the impossibility of providing the service or allowing access for reasons not attributable to 24Genetics.com, due to the User, to third parties, or in cases of force majeure. The responsibility of 24Genetics.com with respect to the damages of any nature that could be imputed will not exceed in any case, by express agreement between the parties, the amount that is determined in each case in the particular conditions of the acquired service. Failing this, the total responsibility of 24Genetics.com, except in case of willful misconduct or gross negligence, will be limited to the price paid by the corresponding User to 24Genetics.com (without including the taxes that may be applicable, if applicable).
2.4 Use of hyperlinks.
The Internet user who wants to introduce links from their own Webs to the Web Page must comply with the conditions detailed below without ignoring the same as the responsibilities derived from the Law. The link will only link to the home page or Main page of the Web page but you will not be able to reproduce it in any way (inline links, copy of texts, graphics, etc). In any case, it will be prohibited, in accordance with the applicable legislation and in force at any time, to establish frames or frames of any kind that involve the Web page or allow the display of contents through Internet addresses different from those of the page Web and, in any case, when viewed together with contents outside the Website in such a way that: (I) it produces, or may produce, error, confusion or deception in the users about the true origin of the service or Contents; (II) suppose an act of comparison or unfair imitation; (III) serves to take advantage of the reputation of the brand and prestige of 24Genetics.com; or (IV) in any other way is prohibited by current legislation. The page that introduces the link will not be made any type of false, inaccurate or incorrect statement about 24Genetics.com, its address, employees, customers or about the quality of the services it provides. In no case, will be expressed on the page where the link is located that 24Genetics.com has given its consent for the insertion of the link or that otherwise sponsors, collaborates, verifies or supervises the services of the sender. The use of any word, graphic or mixed brand or any other distinctive sign of 24Genetics.com within the sender’s page is prohibited except in cases permitted by law or expressly authorized in writing by 24Genetics.com and whenever permitted, in these cases, a direct link to the Web page in the manner established in this clause. The page that establishes the link must faithfully comply with the Law and may not in any case dispose of or link to its own content or that of third parties that: (I) are unlawful, harmful or contrary to morality and good customs (pornographic, violent, racist, etc); (II) induce or may induce in the User the false conception that 24Genetics.com subscribes, endorses, adheres or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of 24Genetics.com in attention to the place, content and subject of the website of the sender. Likewise, the User will refrain from including on the Website any hyperlink (hereinafter, “link”) addressed to a Web page that contains information or illegal content, contrary to morality and generally accepted good customs, and public order.
2.5 Policy of Protection of Personal Data.
24Genetics.com recognizes the importance of protecting the sphere of privacy of the User of the Web page, for which has developed a Policy of Protection of Personal Data that brings to your attention, so that the User freely and voluntarily decides if you want to facilitate a 24Genetics.com the personal data that may be required or obtained on the occasion of your use of this website and / or request for any of the services offered in it. 24Genetics.com reserves the right to unilaterally modify, at any time and without prior notice, its Personal Data Protection Policy to adapt it to current legislation at all times. To request information or, where appropriate, proceed with the contracting or acquisition of the services offered, Users must previously provide 24Genetics.com with certain personal data that will be processed with the purpose of attending the queries made, where appropriate, formalize the contracting at a distance, manage, administer, lend, expand, improve and adapt the services offered on the website. As well as, the realization of promotional and advertising activities through any means that may be of interest to you. In accordance with the Organic Law 15/1999, of December 13, Protection of Personal Data (hereinafter, the “LOPD”), the User shall have the right of access, rectification, cancellation, and opposition in accordance with the regulations in vigor with respect to your personal data collected as established in the preceding paragraphs, being able to direct for such purposes, by photocopy of ID, passport or equivalent identity document, to the contact address listed. Interested parties are informed that they can exercise their rights of access, rectification and cancellation at the following address: Paseo de la Castellana 95 Floor 15A 28046 in Madrid, Spain, or at the e-mail address [lopd@24Genetics.com] User expressly accepts the inclusion of the data collected while browsing the Web page, or provided by completing any form, as well as those derived from the commercial relationship and / or delivery of the purchased services, in the file referred to above. On the other hand, in the case of contracting / using the services offered through the Web that require the treatment of particularly sensitive data (health), the User expressly consents to the processing of said data by the staff of 24Genetics.com, which it will be carried out in accordance with the duty of secrecy and confidentiality included in article 10 LOPD, adopting the security measures included in Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of the LOPD ( hereinafter, the “LOPD Regulation”). During the data collection process, and at each place on the Web page where such data is requested, the User will be informed, either through a hyperlink, either in the form itself, of the mandatory nature or not of collection of data. such data. 24Genetics.com is committed to using the data included in the file, to respect their confidentiality and to use them in accordance with the purpose of the file, as well as to comply with their obligation to save them and adapt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with the LOPD Regulation and other regulations that may be applicable at any time. Finally, in the case of minors their personal data and their genetic information will also be used in a confidential manner, prioritizing in all cases the interest of the child over any other in accordance with the provisions of Organic Law 1/1996, of January 15 , of Legal Protection of Minors.
2.7 Intellectual and Industrial Property.
The content of the Web page (hereinafter, the “content”) that includes, for a purely enunciative and non-exclusive purpose, texts, photographs, graphics, images, icons, software, links and other audiovisual content, as well as its graphic design and Source codes are the intellectual property of 24Genetics.com, or third parties who have assigned their use to 24Genetics.com. This content is protected by national laws and international treaties relating to intellectual property rights that are applicable. Likewise, all trademarks, trade names, or distinctive signs of any kind that appear on the Website are the property of 24Genetics.com or third parties that, if applicable, have authorized 24Genetics.com to include and use them on the Website . All industrial and intellectual property rights on this website are legally reserved and access to it or its use, by the user, should not be considered, in any way, as the granting of any license or use right on any active whose ownership or property corresponds to 24Genetics.com or third parties. The total or partial reproduction by any means of the content, trademarks, trade names, and distinctive signs of any kind, included in the Web page, as well as the sale, assignment, lease, distribution, public communication, transformation, or any other use that if you want to give them, without prior express authorization of the corresponding owner, it is totally forbidden and will be prosecuted civilly and, where appropriate, criminally, in accordance with the applicable national Laws and International Treaties.
3. TERMS AND CONDITIONS FOR THE SALE OF SERVICES OFFERED ON THE WEB PAGE
3.1. Information prior to hiring.
These general contracting conditions, together with the document of the “Informed Consent” and the particular conditions that may be established, will expressly regulate the relationships arising between 24Genetics.com and the Users that contract the services offered through the Web page. We inform you that in any case, the language in which the contract between 24Genetics.com and the Client will be perfected, will be Spanish. These General Conditions have been prepared in accordance with the provisions of the Spanish legal system: Law 34/2002 on Services of the Information Society and Electronic Commerce, Law 7/1998 on General Contracting Conditions, the Law 7/1996 of Retail Trade Regulation, regulations regarding the defense of Consumers and Users, and how many legal provisions are applicable. The use and / or acquisition of any of the services offered through the Web page implies acceptance as User, without reservations of any kind, to each and every one of these General Conditions, as well as to the particular conditions that, in your case, govern the acquisition. In this regard, the User accepts that the services of 24Genetics.com are limited by, mainly, the following questions derived from genetic research: (i) most of the research and genetic studies are carried out in the Caucasian population (white race); therefore, it is possible that the interpretations facilitated by 24Genetics.com are not valid in case the User does not belong to the aforementioned race; (ii) as a continuation of what is indicated in point (i) above, genetic disease relationships are normally based on ethnic identity, and research focuses on limited populations; thus, these investigations may provide knowledge of a specific population but not of an individual member and, likewise, the relationships have not been studied in many populations and therefore may not be valid for other populations; and (iii) genetic research advances day by day and, consequently, current knowledge of the genetics of certain diseases or individual conditions could be partial and inaccurate. Therefore, as a continuation of the above, the User expressly accepts that 24Genetics.com does not guarantee that its services (including its results) are error-free, 100% accurate, reliable and safe, have a temporary continuity or respond to certain expectations. part of the Users. 24Genetics.com informs that the procedures to carry out the acquisition of services are those described in these General Conditions, as well as those specific ones that are indicated on the screen during navigation, so that the User declares to know and accept such procedures as necessary to access the services offered on the Web page. Any modification and / or correction of the data provided by the Users during the navigation will be possible and must be carried out according to the indications included in the Web page. The services offered on the Web page, together with their characteristics and prices, will appear in the corresponding catalog on the screen. 24Genetics.com reserves the right to decide at any time the services and, where appropriate, products that are contained and offered to the Users through the Web page. In this way, 24Genetics.com may, at any time, add new services and / or products to those included in the Web page, understanding, unless otherwise provided, that they will be governed by the provisions of the General Conditions in vigor at that time. Likewise, 24Genetics.com reserves the right to stop providing access, at any time and without prior notice, of any of the products or services offered on the Website. VERY IMPORTANT: USERS OF THIS WEBSITE MUST BE OVER 18 YEARS OF AGE, and they must follow the instructions included in the different screens of the Web page to formalize the desired purchase. Likewise, the User may access the Web page but may not formalize any purchase in case he / she resides in a country or territory whose applicable law prohibits him from contracting the services of 24Genetics.com. In such cases, the availability of the Web page can not be qualified as an offer by 24Genetics.com of its services to the people who access the Web from those countries or territories. In those cases in which the 24Genetics.com services are going to be used by minors, it will be necessary for either of their parents or, if applicable, the one of them to exercise parental authority, who hires the services. In the absence of parents, the owner of the guardianship will be the only one who can contract with 24Genetics.com. In order for 24Genetics.com services to be rendered to minors, those who hold parental authority must prove this by sending telematic to 24Genetics.com a scanned copy of their DN.I. and of the D.N.I. of the child if he already had it, and the Family Book. In the absence of D.N.I. a scanned copy of the passport or equivalent identity document (both of the parent / holder of parental authority and of the minor if the latter already had a passport or equivalent identity document) will be provided. In the event that the person requesting the services of 24Genetics.com for a minor is their guardian, they must prove this condition by sending a scanned copy of the judgment or judicial resolution containing their appointment, together with their D.N.I. and the D.N.I. of the child if he already had it. In the absence of D.N.I., a scanned copy of the passport or equivalent identity document will be provided (both of the guardian and of the minor if the latter already had a passport or equivalent identity document). 24Genetics.com will not be in any case responsible for the truthfulness of the statements made by those who declare to be holders of parental authority or guardianship of the child for whom any of the services described on the website are contracted. 24Genetics.com will not be responsible for verifying the authenticity of the documentation provided by those who contract on behalf of the minor. 24Genetics.com will only maintain communications with Users of legal age.
3.2. Procedure of acquisition of services.
For the acquisition of 24Genetics.com services, the User is required to fill out the registration form with the required information, follow the instructions on the screen to make the selection of the desired service, and once accepted these General Conditions and the summary of the purchase in which the detail of the service / s that you want to acquire is related, provide the payment information -depending on the payment modality existing in each case-. The information provided by the User to 24Genetics.com during the contracting process must be complete, true and updated.
3.3. Confirmation of the service purchased and instructions for its use.
At the moment 24Genetics.com has confirmation of the payment made by the User, within a maximum period of 24 hours, the latter will receive a confirmation e-mail, through which, it will be informed of the purchase made, and The steps to be followed in each case will be indicated. If, exceptionally, the Buying User does not receive the confirmatory mail within a maximum period of 24 hours, you must contact 24Genetics.com to report the incident at the email address info@24Genetics.com. In any case, after formalizing the purchase, the User must accept the particular conditions, which will be available at all times on the Web page through which he made the purchase. Likewise, by acquiring any 24Genetics.com service, the User accepts and guarantees: (i) that the saliva sample provided comes from the User or from the person for whom the service was contracted and does not result from it. application of any regulations that prohibit him from providing said sample; (ii) that the User does not work or is related in any way to insurance companies, health companies or any other third parties that may have commercial interests in knowing the results of the service contracted with 24Genetics.com; and (iii) that you do not acquire the service of 24Genetics.com for the purpose of reselling, copying, reproducing or exploiting it commercially in any way, nor for the purpose of criticizing, damaging or performing any action contrary to 24Genetics.com and its activities. The User is responsible for the correct extraction of the sample following the instructions that come in the kit. In the case in which it was not possible to extract enough DNA due to the incorrect extraction of the sample, the User must pay the costs of the kit, its sending and processing of a new sample valued at € 50 for each participant.
3.4. Price and method of payment.
The prices in force at the time the purchase is made, are those that appear on the screen (taxes applicable in each case included), in the summary page, after formalizing the purchase, except typographical error. Prices include VAT unless otherwise indicated. In general, any tax, rate and / or tax that accrues as a result of the acquisition of services, as well as any other expenses that may derive from it, will be at the User’s expense. At the moment in which the User selects a service to buy it in the description on the screen, the amount of said service will appear, as well as, if applicable, the corresponding case, to the shipping costs. Purchases, depending on the services to be purchased, can be paid by any of the means listed below: – Bank transfer – PayPal Credit card (Visa, Master Card or American Express): Payment of the price of services purchased and of the shipping costs, which will appear on the screen, may be made by credit card, or debit. As an electronic payment system, 24Genetics.com has installed an electronic commerce payment gateway that has been contracted with the PayPal entity, Inc. All data provided for this purpose is encrypted to ensure maximum security of the same. They are hosted on a secure server certified according to the SSL (Secure Sockets Layer) protocol. This protocol is universally supported by the main browsers and guarantees the User: (I) the identity of the recipient of their data (not the seller’s impersonation), (II) the confidentiality of the information provided by him, and (III) the integrity ( no manipulation) of the information provided by him. Likewise, 24Genetics.com states that, in no case, does it store in any way the data provided by the Users through the payment gateway, and that they are only kept while the purchase is made, the payment is made and until the end of the period of withdrawal. In order to provide greater security to the owners of credit cards, a three-digit number has been included on their cards that serves as an identification code to verify the physical presence of the card during transactions over the Internet. This three-digit number is printed on the back of your card (in the signature area), immediately after the card number. In order to prevent fraudulent transactions with credit cards, those control digits will be requested to validate the operation.
3.5. Withdrawal of orders.
24Genetics.com’s returns policy is as follows: The amount to be returned is subject to the following conditions: – The amount of your purchase will be refunded with a penalty of 125€. – If you have already proceeded to send the sample back to our laboratory, you can not proceed to the refund of the amount disbursed. If, exceptionally, the Buyer has any problem related to the order, he should contact 24Genetics.com to solve it as soon as possible, sending an email to the following address info@24Genetics.com or accessing the return form on the Web.
3.6. Communications between the Parties – Customer Service.
For the purposes of these Terms and Conditions, and for any communication that is necessary between 24Genetics.com and the User, these should be directed to the Customer Service by email (sent a message to the following address: info@24Genetics.com) or by written communication addressed to the Customer Service Department: BTL Paseo de la Castellana 95 Planta 15A, Madrid, 28046, Spain The communications from 24Genetics.com to the User will be made in accordance with the data provided by the User when registering. The User accepts expressly for all the communications related to the use of the Web page, and/or the acquisition of services, the use of the non-encrypted electronic mail like valid procedure for the remission of the above mentioned communications. The User exempts 24Genetics.com of any responsibility by the interception or access to the electronic mails by not authorized persons, as well as of any damage or damage that can take place to the User as a consequence of computer virus, failures in the network or analogous suppositions except that they were for cause imputable directly to 24Genetics.com.
3.7. Use and storage.
The User accepts that 24Genetics.com establishes practices and limits in relation to the use of its services including, among others, the maximum number of days that the content can be stored, the maximum space in disk that will be able to be used to store the data of its account, or the maximum number of times that the User can access in a determined time. The User accepts that 24Genetics.com may modify these general practices and limits discretionally and at any time.
If any of the clauses included in the present General Conditions were declared, total or partially, null or ineffective for contravening the applicable legislation, the same one will be considered not put, subsisting the General Conditions in everything else, except that it is a clause whose validity depends on the validity of the General Conditions or its suppression determines a significant decrease in the balance of the reciprocal benefits of the parts. In such a case, the User and 24Genetics.com will negotiate in good faith the substitution of the clause/s declared null or ineffective and the measures that adapt to a greater extent to the intended purpose.
3.9. Dispute Resolution. Applicable Law and Jurisdiction.
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid (Spain). This is without prejudice to the Client’s right to appeal to the Consumer Arbitration Board of their district.