General Terms and Conditions

PREAMBLE

The operator of genetic testing and services is Genomac International, s.r.o. (Company identification No.: 26475821, Tax identification No.: CZ26475821) with registered office at Hošťálkova 42, Prague 6, postal code 16900 (hereinafter referred to as the “Operator”), incorporated in the Companies Register kept by the Register Court in Prague, under File C 84679.

ESTABLISHMENT AND SUBJECT-MATTER OF CONTRACTUAL RELATIONSHIP

The Operator provides genetic testing of persons (hereinafter referred to as the “Services”) and sale of genetic testing products or gift vouchers (hereinafter referred to as the “Products”) described in the Operator’s offer to the customer of the Services (hereinafter referred to as the “Customer,” i.e. the person who ordered the Services or Products or who is the gift voucher holder) by virtue of the purchase of the Services or Products. The Customer may order the Products or Services for himself or for another person (hereinafter referred to as the “Submitter,” i.e. the contact person who provides genetic material for the given Service or Product, and may not be the same person as the one who ordered the test).

The subject-matter of the contractual relationship is the Operator’s obligation to deliver Services or Products to the Customer, and the Customer’s obligation to pay the Operator for delivering the Products or Services at a specified price. By ordering the Products or Services the Customer confirms that he agrees with these Terms and Conditions.

Services are delivered by the Operator on the basis of genetic material (hereinafter referred to as the “Samples”) provided by the Submitter of the test or persons specified by the Submitter, taken by using a sampling kit provided by the Operator with the consent of all tested persons.

The sample collection kit includes:

a) a) sample identification sheet
Sample identification sheet includes other terms Services will be provided, including terms for storing DNA obtained from samples and terms for inclusion of DNA profile into DNA profile database. Only those identification sheets that are properly completed by the Customer or Submitter and that show the consent with the terms defined by the Operator will be accepted as compliance with the terms defined by the Operator.
b) guidance on sampling
c) a set of test tubes with brushes for the collection and transport of samples proper
By ordering Product or gift voucher the Customer unconditionally accepts these terms and conditions.

Purchase of Products and Services from contractual partners. Products and Services can be also purchased from contractual partners (online shops, architectural studios, wedding agencies, etc). In this case, the contractual relationship between the Operator and the Customer of the Services is established immediately upon their purchase from the partner. Subsequently, this relationship is governed by the Terms and Conditions set forth hereunder.

ORDERING AND DELIVERING SERVICES

Ordering

Written, e-mail or telephone order represents the Customer’s proposal for concluding a purchase agreement for products of services specified in the order. By accepting the order (accepting the proposal) a contractual relationship is established between the Operator and the Customer.

Place of Delivery

Operator’s obligation to deliver the Product or the result of the ordered Service to the Customer, or Submitter (specified in the order) shall be fulfilled by delivering the Product or the result of the Service to the place of delivery. The place of delivery of the Product or the result of the Service shall be the place indicated by the Submitter in the order form.

Method of Acceptance of Products or Results of Services by Authorized Person

The acceptance of Products or results of Services by the Customer or Submitter (person indicated in the order) or any other authorized person present at the place of delivery at the time of delivery shall be deemed as the delivery of Products or results of Services to the Customer or Submitter (person indicated in the order). The Operator is not liable for the loss or theft of the sampling kit, gift voucher or test results.

Delivery Terms and Dates

Term for sending the sampling kit is 3 working days following the day the Service or Product was ordered.
Dates for delivering Products or provision of Service vary from 2 days to 10 weeks, depending on the type of the Product or Service. Specific date for particular Service or Product is provided on the Operator’s website during ordering particular Product or Service.

PRICE AND TERMS OF PAYMENT

Price of Services Provided

The Parties agree on the price for ordered Services or Products whose delivery shall be ensured by the Operator and which shall be provided to the Service or Product Customer; the price is specified in the binding order, on the websites or is communicated to the Customer in the case of phone order. The price can be paid by the Customer only in ways that are offered on the Operator’s website (bank transfer, by credit card, in cash on delivery or during personal pick-up of the Product). In the case of cashless payment, the moment the financial resources are credited to the Operator’s bank account shall be deemed as the moment of payment. The entitlement to re-ordering discount shall apply to contracts for which the name of the Customer, or the Submitter of the Services corresponds to the name that is specified under the number of the original certificate. Provisions referred to in paragraph “Price and Terms of Payment” shall not apply to Services purchased through Operator’s contractual partners; in this case, the price as well as the related payment and other terms and conditions are defined by the competent partner.

RIGHTS AND OBLIGATIONS OF THE PARTIES

Service recipient is obliged to ensure the approval of a legal representative in the case of participation of a person under 18 years of age.

CHANGES TO AGREED TERMS

The Customer or Submitter of the Services is entitled to choose any other Service or test from the offer which corresponds to the original price of the purchased Service, without giving any reason. Change of the test or Service can be made within 14 days from the time of the order until the date of delivery of tested samples to the Operator, that same applies if gift vouchers are used. After the expiration of 14 days from the time of the order until the date of the delivery of tested samples to the Operator, the Operator is entitled to charge a fee of up to CZK 500 incl. VAT for the change of Service. For material changes the Operator shall request the Customer’s statement and at the same time specify the time period for making the statement. If the Customer does not make any statement within the specified time period, the Operator shall consider that the Customer agrees with the change. In the case of disagreement, the Customer may terminate this agreement and be entitled to a refund of the whole price paid, or be entitled to choose another Service from the offer that corresponds to the original price of the purchased Service. The Operator is not liable for the bad quality of the sent sample that is caused, for example, due to improper sampling by failing to follow the procedure attached to the sampling kit, improper handling and storage of the sample (e.g. during postal shipment) or for any other reason. Should the Customer provide a low-quality sample, the Operator reserves the right to re-sample DNA with a possible charge of the handling fee of up to CZK 1,500 (incl. VAT).

TERMINATION OF CONTRACTUAL RELATIONSHIP

The Customer may terminate the agreement within 14 days from the time of the sample acceptance by the Operator, whereas the Operator is entitled to damages in the amount of actual costs, with a minimum amount of CZK 200 of the price of the ordered test. The Customer or Submitter of the test is required to send the sampling kit back to the Operator in perfect condition.

After the expiration of 14 day period after the test or service was ordered until the moment the sample was accepted by the Operator, the Customer may terminate the agreement for a cancellation fee of 50% of the test or service price. The Customer or Submitter of the test is required to send the sampling kit back to the Operator in perfect condition.

For the duration of the gift voucher, the Customer may terminate the agreement until the moment of the sample is accepted by the Operator for a cancellation fee of 50% of the gift voucher price. The Customer or Submitter of the test is required to send the sampling kit back to the Operator in perfect condition.

The Customer is also entitled to terminate the agreement in the event of serious breach of obligations on the part of the Operator.

The Operator may terminate the agreement in the following cases:

a) In the event of a cancellation of Services provided by external contractors; with full non-cash damages in the form of other activity in the amount of the originally agreed Services. The Operator is obliged to inform the Customer of the Services about the cancellation of the Services immediately within 3 working days.
b) In the event of a breach of obligations provided herein by the Customer of the Services, without the right to damages.
c) In the event of a change of legal regulations that prevent the provision of the Service order.

Each Party may terminate the agreement in writing, within 2 days after the fact, based on which the termination is possible.

In compliance with the Terms and Conditions, the cancellation of the order or the gift voucher must be made in writing to the Operator’s address. The written form shall include the order number, order date, Operator’s identification as well as bank account number at which the financial resources shall be returned.

The financial resources are returned by bank transfer only. Pursuant to the provisions of the Civil Code Section 53, para. 10, the Operator shall return the finances within 30 days from filing a legitimate request. The Operator is entitled to deduct the cost of packing and postage from the sale amount.

RETURNS

The Operator is obliged to ensure the person indicated in the service order (the Customer or Submitter of the Service) the provision of Services specified on the website in compliance with these General Terms and Conditions and generally binding legal regulations.

Any return must be made by the Customer at the Operator in writing without any undue delay, but not later than 5 days after the acceptance of the Product or Service. The Operator shall decide on the return immediately, in complicated cases within 3 working days. This period does not include the time reasonable for the type of service required for expert assessment of the defect. Returns shall be processed without any delay, no later than 30 days from the date of the claim. This period may be extended only with the consent of the Customer of the Service. Upon its expiration, the Customer is in particular entitled to the agreement termination or price reduction.

The Operator shall issue the Customer of the Service a written confirmation about the return date, its content and manner of handling it. In addition, he shall issue a certificate with the date and manner of handling the return. Should the return be rejected, the Operator shall provide written reasons for the refusal to the Customer of the Service.

FINAL PROVISIONS

All texts, illustrations and photographs included in the information materials and on the Operator’s website are exclusively the Operator’s property or property of parties cooperating with the Operator; they are subject to copyright and may not be copied or used without the express written consent of the Operator. The rights and obligations of the Parties not expressly regulated herein shall be governed by the legal regulation of the Civil Code.

General Terms and Conditions enter into force and become effective as from 1 January 2011.

Contact

Genomac International, s.r.o.
Drnovská 1112/60, 161 00 Praha 6
Phone: 226 203 530
Email: info@genomac.cz
Web: www.umenigenetiky.cz