[GennétiKa] ®

THOSE GOOD GENES, S.L.

GENERAL CONDITIONS FOR THE ONLINE CONTRACTING OF GENETIC STUDIES AT THOSE GOOD GENES, S.L.U.

1. IDENTIFICATION AND COMMUNICATIONS

The company THOSE GOOD GENES, S.L.U., in compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, informs you that:

  • Its company name is: THOSE GOOD GENES, S.L.U.
  • Its registered trademark is: GennétiKa
  • Its CIF number is: B02988707
  • Its registered office is: C/ Mar Mediterraneo, 72, Majadahonda, 28221, Madrid
  • Registered in the Mercantile Registry of MADRID, Volume 41354, Section 8, Page M 732996, Folio 90.
  • To communicate with THOSE GOOD GENES, S.L.U., you have at your disposal different means of contact detailed below:
    • By phone: +34 611 01 76 37
    • By e-mail: administracion@gennetika.com

All notifications and communications between clients and THOSE GOOD GENES, S.L.U. they will be considered reliable, for all purposes, when they are made through postal mail and/or burofax.


2. MAIN CHARACTERISTICS OF THE PRODUCTS AND SERVICES
2.A. All genetic studies except PRENAT

The services offered through THOSE GOOD GENES, S.L.U. they will be available in the national territory, including the Balearic Islands, the Canary Islands, Ceuta and Melilla (in these last four cases, it may entail additional shipping costs). The contracting procedure will be carried out in Spanish or English.

The user who requests a genetic test acknowledges that they have been duly informed by the company in charge of the study and have given their consent for that purpose. It is mandatory to obtain the express and specific informed consent in writing from the user to carry out the genetic test (article 48 of Law 14/2007, of July 3, on Biomedical Research).

In the same way, free, express and informed consent will be collected in the protection of personal data in accordance with article 9.2.a) of the European Regulation for the Protection of Personal Data (EU) 2016/679.

Once the client sends us through the email info@gennetika.com the request for the necessary information for the purchase of the study, providing us with their personal data [full name and email address, as a contact method] THOSE GOOD GENES, S.L.U implements the following procedure:

  1. Sending of the informed consent document within a period of 48 to 72 hours (working days). And the resolution of doubts and issues that may arise to the client, always with a response period of between 48 and 72 hours (working days).
  2. Once the informed consent signed by the client has been received, the company will send them a proforma invoice so that they can proceed to pay for the study by bank transfer or Paypal.
  3. Once the payment of the required study is received, we proceed to:
    • The saliva sampling kit is sent to the customer's address within 4 to 6 business days.
    • Once the sample is taken, the client has a period of 30 calendar days to return the tubes with the saliva samples. In the event that it is not returned within that period of time, the service will be understood to have expired and there will be no refund of the amount paid.
    • When the sample is received by the THOSE GOOD GENES team, a confirmation email will be sent to you and within a period of 6 to 8 weeks the report with the results of the study will be sent to the email provided by the client.
    • From this moment on, the client will be able to consult the content of the report at any time with our genetic counseling department (response period from 48 to 72 working hours).
    • The user acknowledges that the biological sample provided comes from the person specified as "client", and that it will be used exclusively for the requested analysis.
    • In the event of an unexpected finding, you must give your express consent to authorize THOSE GOOD GENES, S.L.U to notify you so that the client can act accordingly by consulting a specialist.

2.B. PRENAT prenatal studies

Regarding the service enabled on the web consisting of the request for prenatal tests, as in the previous case, it is mandatory to obtain the express and specific informed consent of the user, without which it will not be possible to carry out out the order. Said consent will also continue in accordance with the provisions of the European Regulation for the Protection of Personal Data (EU) 2016/679.

It is also reported that, regardless of the express and written consent of the user, it will be essential, not being able to manage the request otherwise, that said consent is signed by the user's gynecologist. The purchase process in this case is as follows:

  1. Request the prenatal test through the contact form on the website.
  2. Sending of the informed consent document within a period of 48 to 72 hours (working days). And the resolution of doubts and issues that may arise to the client, always with a response period of between 48 and 72 hours (working days).
  3. Once the informed consent is signed by both the user and their gynecologist and we receive it by email, the company will send the client the proforma invoice by email so that they can make the payment, through bank transfer or by Paypal.
  4. As soon as the payment is received, an appointment will be made by phone with the interested party at one of our collaborating centers for the extraction of blood. This operation will comply with the obligations contained in the GDPR, in accordance with the Privacy Policy of the person in charge, which can be consulted here.
  5. The blood sample is sent to the laboratory for analysis. The term for sending the results will be between three (3) and six (6) business days, being sent by email.

In any of the cases, the deadlines could be altered for reasons beyond THOSE GOOD GENES, S.L.U., which will not respond in any case in cases of force majeure of these possible delays. Once the cause of force majeure has ended, the company will do everything possible to speed up the delivery of the results.


3. APPLICABLE PRICES AND DISCOUNTS

The prices and rates applicable to the contracting by the client of any of our studies will be communicated to interested clients who contact the company through the form on the website, prior to contracting. These may vary from the prices established on the website depending on the specific circumstances of each client.

All prices will be expressed in Euros.

In relation to VAT, VAT will only be applied if the requested study is NOT recommended or prescribed by a doctor in writing.

In cases where the company determines, after analyzing the sample, that it is not viable for analysis due to circumstances and reasons beyond the control and responsibility of the company, it will notify the client giving the option to pay the amount of 50.-€/per sample to be analyzed, to carry out its reanalysis or return 20% of the amount paid. All of this is justified by the duplication of sample analysis, use of new kits and shipments, which the company must carry out in this circumstance.

This option will be available only when the company determines it and offers it to the client, for the rest of the cases it will be as contemplated in point 5. And it will be applied in all studies except in the cases of PRENAT prenatal studies , study of karyotypes and tests: KIR and HLAC, in which the refund of any amount is NOT contemplated, but the option of reanalysis is included as stipulated.


4. PURCHASE PROCESS

They can only process orders through THOSE GOOD GENES, S.L.U. persons at least 18 years of age. The client who makes use of the purchase of a THOSE GOOD GENES, S.L.U. guarantees that you are of legal age and have sufficient capacity to formalize a legally binding contract, as well as the veracity of all the registration data provided. In any case, the client will be solely responsible for the false or inaccurate statements that he makes and for the damages that he causes to THOSE GOOD GENES, S.L.U. or third parties for the information you provide.

Once the informed consent has been sent and the corresponding invoice has been sent, there will be no refund of the amount paid, without prejudice to the user's right of withdrawal. The invoice, in accordance with the provisions of the preceding section, will include VAT in general, except in those cases in which the request for the study DOES come accompanied by a medical prescription, in which case VAT will be eliminated from the amount to be paid.< /p>

Different and exceptional case: if the user does not send the informed consent within 30 calendar days from the sending of said document, and having previously paid for the services, they will lose the right to any refund.< /p>

Payment methods

Payment will be made by bank transfer or PayPal, at the client's choice, once the informed consent has been sent by the client, and the corresponding invoice has been generated and sent by the company, to the email that the user has indicated.

THOSE GOOD GENES, S.L.U. is exonerated from all responsibility in relation to the confidentiality and security of the information and data provided by the client when paying for the services contracted through THOSE GOOD GENES, S.L.U. through the systems provided, to the extent that the processing of said information and data is not exclusively under the control of THOSE GOOD GENES, S.L.U. but from third-party financial intermediary service providers.


5. RIGHT OF WITHDRAWAL

The client may exercise their right to withdraw from the contract and return the service, without any cause, within a period of up to FOURTEEN (14) calendar days, counting from the date of contracting (purchase), and taking into account the conditions listed below.

In the event that you exercise this right once the provision of the service has begun, the following consequences will apply:

  • If at the time of the withdrawal request, the requested service had not begun to be provided and the kit had not yet been sent to the client, the full amount will be refunded less 6% of said amount that is charged as management and initial genetic counselling.
  • If at the time of the withdrawal request, the kit had already been sent, only the amount paid will be refunded (minus the 6% management fee, indicated above) and the amount of €60 will be subtracted for saliva and shipping kits, since, due to hygiene and safety conditions THOSE GOOD GENES, S.L.U. You will not be able to reuse these kits.
  • The client is aware and expressly informed that he will have lost his right of withdrawal when he has sent the saliva samples, without there being a refund of the amounts that were paid by him during the contracting of the service.

In the case of the prenatal test service, the user will also have a period of 14 days to exercise their right of withdrawal, unless the service has started to run, which will take place at the time it has been completed. proceeded to draw blood in one of our collaborating centers, at which time the user declares to be informed that he loses all right to withdraw from the contract and that no amount will be refunded.

At any time during the process, the user can revoke in writing the consent given to carry out the test, without this exempting them from paying for the analysis requested in the terms explained above.

To exercise the right of withdrawal, the client must send an email to administracion@gennetika.com. THOSE GOOD GENES, S.L.U. including your full name, the provided number of your Study, the date of contracting (purchase) and the method of payment. Once the email is sent, the client will receive the response from THOSE GOOD GENES, S.L.U. and a summary with all the necessary information to exercise said right of withdrawal, within a period between 48 and 72 hours (working days), and the refund of the amount paid will be made whenever appropriate and in the appropriate amount, within a period of between 10 and 15 (working) days from the moment THOSE GOOD GENES, S.L.U confirms the withdrawal and the amount of return to the customer.


6. CONFIDENTIALITY AND DATA PROTECTION

In compliance with Regulation (EU) 2016/679 of April 27, 2016 (RGPD) and current legislation on data protection, we inform you that your data will be incorporated into the THOSE GOOD GENES processing system, S.L.U. in order to carry out health, commercial, administrative, fiscal and accounting management. The processing of the data is legitimized in execution of the contract for the provision of services in force. THOSE GOOD GENES, S.L.U. will not create automated profiles with the data provided. Your data will be kept for the legally established period. At the same time, we inform you that you can contact the Data Protection Delegate by writing to the email address administracion@gennetika.com.

THOSE GOOD GENES, S.L.U. informs that it will proceed to treat the data in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated manner, committing to adopt reasonable security measures to delete or rectify these when they are inaccurate. You may revoke the consent given at any time, by writing to C/ Mar Mediterráneo 72, 28221, MADRID, as well as contact the Control Authority to present the claim you deem appropriate.

In accordance with the rights conferred by the current regulations on the protection of personal data, you may revoke the consent given as well as exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition by directing your request to the postal address C/ Mar Mediterráneo 72, 28221, MADRID.

You can also contact the competent Control Authority to present the claim you deem appropriate. You can expand the information about our data protection policy at: https://gennetika.com/es/privacy.html .


7. OUT-OF-COURT RESOLUTION OF CONFLICTS

Likewise, in the terms contained in article 14 of EU Regulation 524/2013, on the resolution of consumer disputes, a direct link is provided to the online dispute resolution platform: https://ec .europa.eu/consumers/odr/main/index.cfm


8. APPLICABLE LAW

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), unless the regulations for the protection of consumers and Users establish another criterion.