Terms and conditions

Terms and conditions

Terms and conditions (version 6/15/2015)

Scope and structure of the TaC

The Provider Group operates various product groups and services that are all governed by these TaC. For this reason, only certain parts of these Terms and Conditions apply depending on the service or product.

Contractor (the provider)

The contractor (hereafter referred to as "the provider") for these TaC is (unless otherwise indicated in a section):

Company:

  • DNA Plus - Zentrum für Humangenetik
  • Gewerbegasse 6
  • 83395 Freilassing
  • Germany
  • Commercial register: HRB 19437
  • Steuernummer: 163/124/50295
  • UID Nummer: DE267251566

Contact

  • Tel: +49 8654 4803 808
  • Fax: 0043 662 42 50 99 44
  • Geschäftsführer: Dr. Daniel Wallerstorfer
  • Email: office@dnaplus.de
  • Web: www.DNAplus.de/

Bank details

  • Bank: Sparkasse Berchtesgadener Land
  • Account: 0020096327
  • Bank Code: 71050000
  • BIC: BYLADEM1BGL
  • IBAN: DE32710500000020096327

TaC for the use of internet forums

Scope

The following terms and conditions apply to the use of this website with regards to the relationship between the user and the operator of the website (hereafter referred to as: provider). The use of the forum and the community functions is allowed only if the user accepts these terms and conditions.

Registration, participation, membership in the community

Prerequisite for using the forum and the community is prior registration. With the successful registration, the user becomes a member of the community. There is no entitlement to membership. The user may not share their access with third parties. The user is obligated to keep their access data secret and to protect it against access by third parties.

Provider's services

The provider allows the user to publish posts on their website under these terms of use. The provider offers the users free of charge access to a discussion forum, based on their technical and economic abilities. The provider is interested in keeping their service available. The provider accepts no further performance obligations. In particular, the user is not entitled to the constant availability of the service. The provider does not guarantee the accuracy, completeness, reliability, timeliness and usefulness of the content provided.

Disclaimer

Claims for damages by the user are excluded unless otherwise specified below. The aforementioned disclaimer applies to the legal representatives and agents of the provider, in the event that the user makes claims against them.

Claims for damages due to injury to life, body, health, and claims for damages due to the breach of contract are excluded from the disclaimer specified in paragraph 1. Significant contractual obligations are those whose performance is necessary to achieve the objective of the contract. Liability for damages based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or agents is also excluded from the disclaimer.

Duties of the user

The user commits to the provider not to publish posts that violate common decency or applicable law. In particular, the user commits not to post contributions,

  • the publication of which constitutes a criminal offense or a misdemeanor,
  • which infringe the copyright, trademark or competition law,
  • violate the Legal Services Act,
  • have offensive, racist, discriminatory or pornographic content,
  • or include advertisements.

In the event of a breach of the obligation under paragraph 1, the provider is entitled to amend or to delete the relevant posts and block the user's access. The user is obligated to pay the provider for damages caused by the breach of duty. The provider has the right to delete posts and content if they might contain a violation. The provider has a right to exemption from third party claims which result from infringement of law by the user. The user commits to assist the provider in the defense of such claims. The user is also obligated to bear the costs of an adequate legal defense of the provider.

Transfer of rights

The copyright remains with the user for each post. However, by submitting his contribution to the forum, the user grants the provider the right to publish and to permanently make the post available on their website. The provider has the right to move posts within his website and to connect them with other content. The provider also has the right to use the content for advertising purposes.

The user has no claim against the provider for cancellation or rectification of posts created by him.

Termination of membership

The user can terminate their membership by an appropriate explanation to the provider without prior notice. Upon request, the provider will then block the access of the user. The provider is entitled to terminate the membership of a user at the month end, with a notice period of 2 weeks. In the event that there is a good reason, the provider is entitled to block the user's access immediately and to cancel the membership without prior notice. Upon termination of the membership, the provider is entitled to block the user's access. In the event of termination of membership, the provider is entitled, but not obligated, to delete content created by the user. A claim of the user to transfer the content they created is excluded.

Modification or suspension of the offer

The provider is entitled to make changes to his service. The provider is entitled to terminate his service after a notice period of 2 weeks. In the event of service termination, the provider is entitled, but not obligated, to delete content created by the user.

TaC for using the DNAnutriControl portal

Applicability

By accessing the weight loss program via the website "www.dnanutriplus.com" including the corresponding subdomains ("Website") as well as via the use of the Mobile Application ("App"), the user ("Customer") agrees that the following terms and conditions and Privacy Policy ("TaC") have been accepted and recognized. If a customer does not agree with the TaC, he must refrain from accessing the weight loss program.

Scope

These terms and conditions govern the contractual relationship between the provider and the customer, as well as the Privacy Policy ("Contractual relationship").

Conditions of use

"JavaScript" must be enabled in the web browser to use the website. "JavaScript" is enabled by default in all browsers. For problems with the execution or representation of the website and related programs, which are related to the hardware or software environment of the website (and are therefore not directly attributable to the website and beyond the control of the provider), no support is offered by the provider. This is especially true for problems that are attributable to the IT security rules and settings of the customer or the customer's outdated browsers (e.g. Internet Explorer 8).

Customer's usage rights

The provider grants the customer the non-exclusive right, upon compliance with the terms and conditions, to use the information made available on the website or through the App for private, non-commercial and non-public personal use. Any use for public or commercial purposes, in particular the reproduction, transfer, modification and/or linking of the website for public or commercial purposes in any form is prohibited.

Password and username

During registration, each customer selects a password and a username ("identification details"); the registration will be confirmed by an email message. The user assumes all responsibility and all consequences that may arise from the misuse of his identification details. If there is reason to believe that third parties have become aware of the identification details, the password must be immediately changed. The responsibility for the data remains with the user until confirmed by the system. The technical access to the entire range of services takes place by means of the provider chosen by the user and special software obtained by the user from third parties via the internet.

Intellectual property

All elements contained on the website or in the App, in particular information, recipes, data, images, layouts, etc. are the intellectual property of the provider, or authorized third parties. By exercising the rights of use, the customer acquires no rights to the elements mentioned.

An uploading of recipes and all associated data and images (collectively, "Recipes") by the customer results in that all rights to the recipes are transferred to the provider free of charge. The customer hereby transfers all such rights to the provider. The transfer is unlimited in time, place and material terms. Furthermore, the customer gives the provider all consents required under data protection law, which may be necessary to use the recipes as part of the website or the app.

Disclaimer

Any liability of the provider in connection with these Terms and Conditions, the website or the App is specifically excluded in the extent permitted by law. Specifically excluded is any liability of the provider for damages (including collateral damages such as consequential damages or indirect damages or loss of profits) arising from the access to the website or the app, their elements and/or from their use (recipes, advices, fitness exercises etc.) or arising from the impossibility or restriction of access or use (such as functional interruptions, technical error, etc.). The provider is also not liable for abuse of the Internet and associated damage incurred by viruses and similar damaging elements, nor for security lapses and failures of the telecommunications networks and the Internet. In particular, the operational readiness of the Internet can not be guaranteed. It is possible that transmission errors, technical defects, malfunctions, illegal intrusion into the network, overloading of the network, willful blockage of electronic access by third parties, interruptions or other shortcomings on the part of network operators occur.

No warranty

The provider gives customers no warranties in connection with the Website or the App. In particular, the provider issues no assurance of the correctness, accuracy, reliability, timeliness, adequacy or completeness of the information contained on the Website or made available with the App and excludes all liability for incomplete or incorrect content. All information is provided without warranty. In particular, the provider does not provide guarantee for the goods and services offered on the Website or through the App and for any consequential contracts. The providers owes only the effort for use of the service offered, but not their success. The customer can purchase products through the website.

Obligation

The customer agrees to hold the provider harmless from any kind of complaints, damage, losses or claims that may arise from the registration and/or use of the Website or the App and the information thus made available.

Links

The provider is not responsible and excludes all liability for the content of Websites referred to by links on the Website or via the App. Access to these links is at the risk of the customer. All liability claims by the customer against the provider in connection with such links are - as far as legally permissible - excluded.

Reserved rights

The provider has the right to delete user accounts, provided that reasonable doubt exists regarding the correctness of the statements made. Furthermore, the provider reserves the right to exclude users from the forum, should other members feel offended by the content of communications, or where the forum is used for advertising messages of any kind. Also, the provider reserves the right to supplement information or changes made accessible on the Website or App at any time, or delete them. Measures do not reduce the prices to be paid.

Prices

The prices are incl. VAT. All current prices are listed on the Website. These prices are an integral part of the contractual relationship. The total amount of each subscription shall be due immediately upon conclusion of the contract.

Price adjustments

***Den Anbieter ist jederzeit berechtigt, Preisanpassungen..***

Terms of payment

Website

When signing a contract or a contract extension through the website, the following payment methods are available: Credit Cards, PayPal or payment by invoice (may include an additional administration fee).

App

When signing a contract or a contract extension via the App, an iTunes Store account or a Google Play account is required. The payment method must be specified when creating the store account. All terms of payment such as payments, refunds or cancellations shall be governed by the provisions of the respective App Stores. The provider has no influence thereon.

Contract extensions

When registering on the site, the contract is automatically renewed at term at the price of a single membership. If no automatic renewal is desired, this can be changed in the account at any time after the payment. There is no automatic renewal when registering via the App. The customer may, however, be contacted before the membership expires with the announcement that his membership is about to expire and the possibility of renewal exists. The customer can reactivate his account at any time after the expiration of the membership.

Cancellation right

Both the customer and the provider have the right to cancel the contract at any time with immediate effect. A cancellation will result in the customer no longer having access to the Website or the App and can no longer take advantage of the related services. Furthermore, upon cancellation, the provider will delete all customer data previously collected, in accordance with legal requirements. If the customer cancels, they is not entitled to a refund (neither entirely nor on a pro rata basis) of an already paid membership fee. If the provider cancels, the customer will be refunded the already paid membership fee pro rata, if the customer does not bear any fault in the cancellation by the provider. A cancellation by the provider is to be consider legal if the provider notifies the customer via a corresponding message to the email address specified by the customer. The customer may withdraw from the contract for up to 7 days after the conclusion of a paid membership.

Privacy policy

The Privacy Policy explains what type of data the provider collects in connection with the use and how that information is used. It also shows how collected data can be checked, corrected or deleted. The protection and security of personal data are of special concern to the provider. The provider undertakes to comply with the applicable data protection laws and regulations in the operation of their services. Upon agreement to the TaC, the customer agrees with the use of data described in the following clauses.

Personal data

The provider respects the privacy of every individual who visits their website, each user of their App and of their customers. The provider will not collect any personal information (like name, address, email address), unless provided to the provider by visitors, users and/or customers voluntarily or automatically collected by cookies.

Collection and use of personal data

The following data about the customer is collected through the use of the website or the app: Name, address, photo, gender, age group, country, postal code, length of membership, membership status (new customer, extension, permanent membership), payment method, affiliate partner, size, waist circumference, BMI, weight, frequency of use of the Site or the App and mailing status (Receiving Coach- and Newsletter allowed or not, receive e-mails by partners allowed or not), genetic data, various data from a genetic analysis report, desired physical activities and food.

Use of personal data

The aforementioned information will be used to enable the access of customers to the products, under the use of the Site or the App as well as settlement of the contractual relationship entered into. Furthermore, the data will be used for marketing purposes, to improve the products, for customer care, to evaluate the individual user behavior and to verify the access authorization. Your e-mail address will be used, in particular, to contact you at any time and for sending self-promotion. Newsletter by us and our partners requested by you will be sent to your e-mail address. With the help of health-related data, we will in particular create an anonymous profile for membership statistics. Generally, all data between the website and the app will be synchronized. By accepting this Privacy Policy, the customer expressly authorizes the provider to use personal data and other information in the sense described.

Access to personal data is restricted to those employees of the provider who need to know this information.

The provider will not share the customer personal data with any third party, unless the customer has previously declared his express consent, it is required for contract conclusion with the customer or there is a legal obligation for data dissemination. The provider will in no way sell personal data to third parties or market it in any other way. In particular, no health-related data is forwarded to the operators of the app stores.

Data which is automatically stored on the visitor's computer

When the customer visits the website of the provider, information can automatically be stored on the customer's computer. This takes the form of so-called "cookies" or similar files that can help the provider in various ways, for example, to learn the preferences of visitors to the website of the provider and to improve the website of the provider. The collection is carried out exclusively in anonymous form, thus a conclusion on individual users is not possible at any time.

We use Google Analytics for statistical purposes and for optimizing our website. Google Analytics does not collect any personal data. Most browsers allow you to delete cookies or to prevent their installation or to generate a warning before a cookie is installed. Further information on this subject can be found in the browser instructions. The provider will automatically use stored information exclusively for statistical purposes and does not combine it with personal data submitted to the provider.

Data security

The customer is aware that data protection for data transmissions on the Internet can not be guaranteed with current state of technology. Consequently, the customer is himself responsible for the data transmitted on the internet.

Secure Socket Layers (SSL), an advanced security system, is used. All personal ordering information, such as customer name, address and the numbers of customer credit cards are sent encrypted and stored on a server, which is protected against unauthorized access.

The customer's rights

The customer may at any time request that the provider delivers to him a copy of personal data related to his profile. Furthermore, the provider will correct or delete the customer's data upon his request at any time.

The customer data after the termination of the contract

After the termination of the contract, the profile data of the customer will not be deleted, unless this is explicitly requested by the customer. However, even after the termination of the contract, the customer is entitled to have his profile data corrected or deleted at any time.

Final provisions

The provider reserves the right to change these terms at any time. When such adjustments are made, the provider publishes them on the site immediately. It is up to the user to inform himself regarding the currently valid version of the Terms and Conditions.

Should one or more of the provisions of these terms and conditions be void or invalid, then the remainder of the Terms shall not be affected. In the case of invalidity or ineffectiveness of a clause, it is to be replaced by one that most closely approximates the economic purpose of the invalidated provision. All notices by the provider to the customer in accordance with these TaC are to be considered as having taken place when the provider sends the message to the customer by e-mail to the address given by the customer to the provider.

TaC for dietary supplements

Scope

Our terms and conditions apply exclusively; conflicting conditions or conditions deviating from our terms and conditions by the contractual partner are not accepted, unless we have agreed to them in writing. Our Terms and Conditions shall apply even if we carry out or accept deliveries or contract manufacturings without reservation, despite the knowledge of conflicting conditions and conditions deviating from our terms and conditions by the contractor. All agreements made between us and the contracting party for the purpose of contract execution, shall not be legally effective unless in writing. Verbal commitments or written statements shall only be valid if confirmed in writing. Our terms and conditions only apply to companies within the meaning of § 1 KSchG. Our Terms and Conditions also apply to future transactions, particularly when they take place later on via telephone, in writing or by fax.

Liabilities/late payments

We are entitled to offset any payments made by the customer to other liabilities, even if a specific payment purpose is stated by the customer. In case of default, a flat fee of € 11, - is charged. It is agreed that any reminder, collection and / or bank transfer costs are borne by the invoice recipient. In case of default, we are entitled to demand a minimum of 4% interest on the respective secondary market yield of Austrian bonds.

Retention of title

The goods will remain at our propert until full payment of the purchase price and all related costs and expenses. In case of even partial delay in payment, we shall be entitled to collect the goods without the buyer's consent. Assertion of the reservation of ownership shall involve a withdrawal from the contract only if this is explicitly declared. A resale of the goods is only permitted under note of ownership and advance assignment of the resale price.

Delivery

Compliance with the agreed delivery period presupposes the clarification of all execution details. Naturally we strive to meet or exceed the agreed delivery time. Should we be unable to keep the agreed delivery date, the purchaser is obliged to impose a cure period of four weeks in writing. If the delivery is made within the prescribed period, the performance of the contract is to be consider as provided in due time. The buyer shall only have right of withdrawal from the contract due to non-timely fulfillment in the event that the contract hasn't been fulfilled despite a written request and fruitless expiry of a grace period of four weeks included therein. If the delay on our part is intent or gross negligence, the client is entitled to claims for damages for non-performance, but our liability for damages is limited to foreseeable damage. We are entitled to premature delivery deviating from the agreed delivery date. In this case, the client is obligated to accept the goods even before the agreed delivery date. Unless otherwise agreed in writing, the client is also obliged to accept partial deliveries as fulfillment. If the client is in delay of acceptance or in violation of other obligations to cooperate, we shall be entitled to demand compensation for damages incurred by us, including any additional expenses by the client. The delivery shall be deemed as agreed 'ex works'. If desired by the customer, we will insure the shipment for transport at the expense of the client.

Defects and warranty

The assertion of warranty claims of the client presupposes, the the client properly complied with and fulfilled the examinations and obligations set forth in § 377 and § 378 HGB. Obvious defects or shortages must be reported in writing within three days of receiving the goods, otherwise the entire delivery is deemed approved. If later in the initial investigation undetectable defect are found, the buyer has to inform us immediately. In any case, the notice of defects shall be specific, detailed and in writing.

Information requirements

The client has to immediately inform us of any damage resulting from goods delivered by us that he becomes aware of, especially if a third party request reimbursement for damages under the title of product liability or the disclosure of his supplier, becomes aware of a product defect of our goods in another way or is damaged himself. The client shall compensate us for costs incurred by due to non-immediate notification (e.g. compensation claims).

Clients are responsible for checking invoices for goods and / or commission statements from transactions of customers with the provider immediately and notifying the provider in writing of any deficiencies in the bill / invoice within a period of 14 days after receipt of invoice / billing.

Sale

Offer

Our offers are non-binding. The order signed by the ordering party is a binding offer. We are entitled to accept this statement of intent within eight days by sending an order confirmation or by sending the ordered goods to the buyer to which. The purchaser will be bound to the offer for that time. Acceptance of all orders is subject to the availability of products.

Subject to change

We reserve changes in presentation, administration and composition of our products.

Return of goods

We have no obligation to accept returns of already delivered goods. If, in individual cases, a return is accepted, the client will in any case be charged a handling fee of 10% of the invoice amount in credit.

AGB für die Lohnfertigung von Nahrungsergänzungsmitteln

Warranty/liability

The provider assumes no liability with respect to the chemical or physical reactions of the product and the durability of the finished product in cases of contract manufacturing according to the specifications by the contracting authority. We also exclude - as far as legally permitted - all claims for damages made. Warranty for the chemical stability of the product to be developed will be taken only after conducting a six-week stress tests, wherein it is carried out only on commissions. The accuracy of furnished raw materials is the sole responsibility of the client.

Product development/labeling

New recipes are test-created by the provider. The resulting product development costs, unless otherwise specified in a written agreement, are borne by the Client. Are we also mandated under the contract manufacturing to customize the labels of the product. This is done by taking a corresponding sample number to determine and match the exact composition of the product. If the labels are added by the customer, we assume no liability for the compliance of the information on the labels with the actual content of the finished product.

Product costing

Our product calculation is based on the predetermined amount information. Deviations from the actual filling weight are possible because of the different specific gravities and densities of ingredients, wherein fluctuations of +/- 7% on our price position are ignored. Higher deviations are post-calculated accordingly. In the provision of raw materials by the client, a production-related shrinkage of at least 10% is to be expected.

Marketability

We accept no liability or warranty regarding the marketability in composition, dosage, label text, etc.

Industrial property rights

If manufactured according to the client, the client is guarantees that he is entitled to any patent, utility model or other intellectual property rights. The client is obliged to indemnify and hold us harmless of any claims by third parties.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period shall be fourteen days from the date on which you or a third party indicated by you, other than the carrier, has accepted the goods.

To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g. a consigned by post mail, fax or email) of your decision to withdraw from this contract. You may use the attached example withdrawal form to do so, although that is not required. To safeguard the withdrawal period it is sufficient that you send your communication regarding the exercise of the withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments which we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that which is offered by us, i.e Ground Shipping), and repay immediately, no later than within fourteen days from the date on which the notification of cancellation of this contract with us has been received. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees for this repayment.

We may withhold reimbursement until we have received the returned goods, or until you have demonstrated that you have returned the goods, whichever occurs earlier. You have to return the goods to us immediately and, in any event, no later than fourteen days from the date on which you inform us about the withdrawal of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the direct cost of returning the goods. You only have to pay for any diminished value of the goods, if this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods.

Excluding the right of withdrawal

The right does not apply to contracts

  • for the supply of goods which are not prefabricated and for the production of which an individual choice or decision by the consumer shall prevail or which are clearly tailored to the personal needs of the consumer,
  • the supply of goods that can spoil quickly or whose expiration date has passed quickly,
  • for the supply of sealed goods which are not suitable to return if their seal was removed after delivery for reasons of health or hygiene,
  • the supply of goods if they were mixed with other goods after delivery, which are inseparable due to their nature,
  • the supply of alcoholic beverages, the price of which has been agreed in the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract, and their current value depends on fluctuations in the market, on which the trader has no influence
  • for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery
  • the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

Conditions for conducting genetic analyses

General:

The service portfolio consists of LIFESTYLE gene analyses (no bearing on disease), medical genetic tests (significance about diseases and their risks), as well as MEDIATED genetic analyses (medical analyses that are sent to another laboratory), which are treated differently in law and carried out by different companies. The term "LABORATORY" in this context means the company responsible for the corresponding gene analysis and, depending on the type of analysis, describe another company. These terms and conditions ("TaC") apply to all performance of the contractor, including future ones. Differing, conflicting or additional terms and conditions, even if known, are not part of the contract, unless their validity is expressly agreed in writing. Within these Terms and Conditions are natural persons, who enter into a business relationship, without the possibility of attributing them to a commercial or independent professional activity. Entrepreneur within the meaning of these terms and conditions are natural or legal persons or partnerships with legal personalities, which will enter into a business relationship and act out their commercial or independent professional activity. Customer within the meaning of these Terms and Conditions are both consumers and entrepreneurs. The terms contained in these Terms always refer to both female and male persons.

Contractors for medical genetic analysis and information for customers who are consumers.

Commissioned medical genetic tests automatically result in a contractual relationship with the company DNA Plus - Center for Human Genetics GmbH.

Company:

  • DNA Plus - Zentrum für Humangenetik GmbH
  • Gewerbegasse 6
  • 83395 Freilassing
  • Deutschland
  • Commercial register: HRB 19437
  • Tax number: 163/124/50295
  • UID number: DE267251566

Contact

  • Tel: +49 8654 4803 808
  • Fax: 0043 662 42 50 99 44
  • Managing director: Dr. Daniel Wallerstorfer
  • Email: office@DNAplus.de
  • Web: www.DNAplus.de

Bank details

  • Bank: Sparkasse Berchtesgadener Land
  • Account: 0020096327
  • Bank Code: 71050000
  • BIC: BYLADEM1BGL
  • IBAN: DE32710500000020096327

Main features of the service

Medical genetic analysis | Mediation of genetic tests based provisioned cells that serve either the diagnosis or risk assessment of diseases and food intolerances or the effectiveness of therapies. Preventive analyses also fall under the category of medical genetic tests. | Genetic risk assessment will, if necessary, be accompanied by medical recommendations and precautionary measures. | Genetic analyses, which identify the genetic risk of disease with the purpose of dosing personalized micronutrients (vitamins and minerals) individually and also communicate the resulting risk of disease are considered medical genetic analyses.

Contractors for LIFESTYLE genetic analyses and information for customers who are consumers.

Commissioned LIFESTYLE genetic analyses automatically result in a contractual relationship with the company Novogenia GmbH. The contact details are listed at the beginning of these TaC.

Company:

  • DNA Plus - Zentrum für Humangenetik
  • Gewerbegasse 6
  • 83395 Freilassing
  • Germany
  • Commercial register: HRB 19437
  • Steuernummer: 163/124/50295
  • UID Nummer: DE267251566

Contact

  • Tel: +49 8654 4803 808
  • Fax: 0043 662 42 50 99 44
  • Geschäftsführer: Dr. Daniel Wallerstorfer
  • Email: office@dnaplus.de
  • Web: www.DNAplus.de/

Bank details

  • Bank: Sparkasse Berchtesgadener Land
  • Account: 0020096327
  • Bank Code: 71050000
  • BIC: BYLADEM1BGL
  • IBAN: DE32710500000020096327

Main features of the service lifestyle genetic analysis

Implementation and communication of genetic tests based on provisioned cells that serve neither the diagnosis or risk assessment of diseases and food intolerances nor the effectiveness of therapies. These are not measures, procedures, treatments or objects which are used for detection, removal or alleviation of disease, illness, physical defects or pathological symptoms in humans. | Solely genetic tendencies are identified, not any statements about existing diseases, illness, physical defects or pathological complaints. | Lifestyle genetic analyses exclusively determine genetic tendencies and characteristics that make have no explanatory power over a disease or likelihood of illness. Typical Lifestyle genetic analyses are: A genetic analysis for determination of the most effective weight loss programm, a genetic analysis for determination of the (athletic) talent etc. | Genetic analyses, which identify the genetic risk of disease with the purpose of dosing personalized micronutrients (vitamins and minerals) individually, but do not communicate the resulting risk of disease are considered lifestyle genetic analyses. | The newborn screening, which is not regarded as genetic analysis according to Austrian law, is also conducted with Novogenia GmbH as contractor.

Contractors for REFERRED genetic analyses and information for customers who are consumers.

Commissioned REFERRED genetic tests automatically result in a contractual relationship with the company DNA Plus - Center for Human Genetics GmbH.

Company

  • DNA Plus - Zentrum für Humangenetik GmbH
  • Gewerbegasse 6
  • 83395 Freilassing
  • Deutschland
  • Commercial register: HRB 19437
  • Tax number: 163/124/50295
  • UID number: DE267251566

Contact

  • Phone: +49 8654 4803 808
  • Fax: 0043 662 42 50 99 44
  • Managing director: Dr. Daniel Wallerstorfer
  • Email: office@DNAplus.de
  • [[Web]: www.DNAplus.de

Bank details

  • Bank: Sparkasse Berchtesgadener Land
  • Account: 0020096327
  • Bank Code: 71050000
  • BIC: BYLADEM1BGL
  • IBAN: DE32710500000020096327

Main features of the service: REFERRED genetic analyses

The provider (in this paragraph: LABORATORY) acts as network and distribution platform for more than 100 medical genetic laboratories, which make up a portfolio of more than 3.000 combined analyses. Here, the LABORATORY accepts the submitted samples and sends them to the appropriate performing laboratory, which may be located in Europe, Asia, USA, Africa or South America. | The identity of the testing laboratory is not communicated to the customer, but may be conveyed within the framework of legal requirements. | The aim of this analysis is the determination of a genetic predisposition to a genetic disease. Should no mutation be identified, this does not exclude the presence of a mutation or an increased disease risk. | The submitter is responsible for collecting the legally required consent of the patient. | The laboratory is entitled to request a new trial if the quality or quantity of this sample is not sufficient or the origin is uncertain. | In case of poor sample quality, it can happen that individual genetic results cannot be delivered. In these cases, the laboratory will analyze each of the 3 available saliva samples up to 3 times, and exclude these genes from the analysis evaluation in the event of repeated failure. | The LAB will take all necessary steps to enable a rapid and timely delivery of medical reports, but can not be held responsible for delays due to the referral character. | The results will be kept confidential and not disclosed to third parties. The transmission of the results and, if necessary, the advice of those affected is the responsibility of the submitter. | The laboratory is not responsible for the accuracy of the incoming samples and only accepts responsibility from the date of arrival of the sample in the laboratory. | The laboratory is not responsible for psychological, legal, practical or physical consequences of the analysis. | Due to technical complexity, the laboratory and its supplying, executing laboratories reserve an error rate of 1%.

Conclusion of the contract

Delivery and shipping costs for referral of the service are location-dependent and clearly stated in the application forms. | By placing an order, the customer makes a binding offer of contract. | The offer's period of validity: The offer of the customer shall remain binding for a period of 2 weeks from receipt of the offer. | The submitter confirms, that if the patient is not clearly listed as the contract's contracting party and the patient / client has not submitted all the necessary explanations under the relevant points in the order form, the submitter is the contract's contracting party, thereby being the contract partner. This also applies in the event that the submitter acts as the invoice addressee. | The customer agrees to execution of the contract taking place within 7 working days. | If the conclusion of the contract takes place with one of our partners, any legal issues and legal claims are passed on to the laboratory

The validity period of prices

The prices are valid for the respective concluded contract. | The offered prices are current prices and are valid until revoked. Prices are subject to change. The price includes VAT, unless it is visibly labeled differently. | The customer bears no additional costs when ordering by means of telecommunications. | The customer can pay the price by bank transfer, credit card or Paypal. We reserve the right to exclude individual payment methods.

Payment, late payment and setoff

The invoicing of a genetic analysis may be performed by any of the Group associated companies. The invoice amount is to be paid in full within 4 weeks after the invoicing in the currency provided for in the bill. After this period, the customer is in default of payment. In particular in the case of payment outside of Germany, the customer shall ensure that the invoice amount is received in full without any deductions in the laboratory, so that the customer bears all expenses for international transfers. The consumer shall pay interest on the debt at the rate of 5% above the base rate during the delay. The entrepreneur shall pay interest on the debt at the rate of 8% above the base rate during the delay. With regards to the entrepreneur, we reserve the right to prove a higher default interest claim and assert it. In case of default, all customers (including consumers) are obligated to bear all expenses associated with the monitoring and collection of receivables, such as reminder fees, collection expenses, necessary costs of engagement of an attorney for the extra-judicial activities or other costs for an appropriate prosecution. Furthermore, the customer bears all consequences of default in such a case. The entrepreneur only has a right to set-off if his counterclaims have been legally established or recognized by us. The consumer has a right to compensation only in the event of our insolvency or for counterclaims that are legally related to the liability of the consumer, which have been judicially established or recognized by us.

Right of withdrawal

If the contract comes into being at a distance, the customer has the option to cancel the contract within 14 days from the conclusion of the contract without giving any reason. The withdrawal requires no justification and it must be done in writing. The punctual sending is sufficient for keeping the period. After the end of the withdrawal period, the customer has forfeited the option to withdraw from the contract.

Effects of genetic engineering act/genetic diagnostics act

The client expressly agrees that the laboratory begins with the execution of the contract within seven working days of receipt of the sample. The possibility of the patient communicating that he does not want to know the result of the analysis and the conclusions derived from it, has no bearing on the contract concluded, regardless of whether he himself is a contracting party or the contract is between submitter and the provider. If the patient/customer withdraws his given consent for genetic analysis, the lab will adjust all activities and is further released from their performance. If work has commenced on the execution of the contract, the cost is 50 % of the purchase price as compensation.

Loss/destruction/damage/change/defectiveness of the sample

If the sample submitted by the customer is destroyed during transport, damaged or altered, or if it goes missing, then this falls within the exclusive sphere of the customer. If a false or erroneous result occurs due to damage or change in the sample that occurred during transport, it does not fall within the sphere of the laboratory so that no liability can be derived in particular. If no DNA can be isolated from samples, then the patient/customer agrees to resubmit a sample without being able to ask for costs or a substitute for it. Doctors/submitters can not charge own and other costs resulting from the recent sample preparation. The performance takes place by the dispatch of the analytical results and, where appropriate, the findings to the sender or customer and is thus complete. LABORATORY, however, still remains available to answer question for a minimum of 4 weeks from receipt of the result. Unless otherwise agreed in writing, the beginning of the performance takes place as soon as possible and in any event within 7 working days from signing the contract. The customer should be aware that the genetic analysis takes approximately up to 8 weeks. Referred genetic tests can take up to 12 weeks depending on the complexity. The customer is only entitled to cancel the contract for non-compliance of the performance period, if he has provided the LAB with a reasonable grace period of at least 2 weeks, unless a fixed delivery date is expressly agreed. If an event that makes a significant delay in performance or impossibility of performance fulfillment is likely, the laboratory is entitled to rescind the contract. If the LABORATORY is at fault for the failure or it is otherwise attributable to it, then the LABORATORY is liable for damage resulting from this, however only if the LABORATORY has caused the circumstance intentionally or grossly negligently.

Limitation of liability

The LABORATORY is only liable for damages incurred by the client due to gross negligence or intent by the LABORATORY or its employees. Liability for slight negligence, compensation for consequential damages and financial losses, savings not achieved, loss of interest and damages from third party claims against the customer is excluded. These limitations do not apply to personal injury attributable the LABORATORY and - as far as it concerns consumers - damage to the LABORATORY for processing the transferred goods. A claim for compensation for late or non-performance shall belong to the buyer up to the amount of the actual prejudice and only if the LABORATORY has shown intent or at least gross negligence. Consumers and entrants will be noted that the cited recommendations apply as guidelines and recommendations for various actions, the implementation, however, is always the responsibility of the customer and / or the attending physician. The preventive action and measures should always be coordinated with the doctor before starting it. We would like to point out that results of genetic analyses are often statistical probabilities and the results of genetic testing is a technical evaluation. The genetic analyzes are always carried out on state of the art technology, however, the LABORATORY reserves a 1% error rate. Furthermore we would like to point out that the LABORATORY excludes any liability claims which may arise due to future or current diseases. The prevention and action programs that are offered by the laboratory, can indeed often reduce the risk of disease, but not completely remove it. It is therefore possible that the disease develops, although complying with the precautionary measures. The medical statements and recommendations are based on scientific publications, which are given as a reference in the reports. These were evaluated according to best knowledge and conscience and seen to be accurate, but should not necessarily be seen as last and final state of the science by consumers. It is theoretically possible that future genetic studies come to a different conclusion and would make the findings and recommendations questionable. Liability based on new scientific evidence is excluded. Consumers are reminded that in addition to the usual genetic changes that can be detected by the LABORATORY, other rare genetic changes may also exist. These variations could potentially positively or negatively influence the genetic variations to be analyzed, so that in these cases, no reliable statement about the gene variation can be made. Should this be the case, the analysis is repeated at least 3 times and confirmed, and then declared as "Medicinally unclear - impact unclear and therefore declared as wildtype until new science proves otherwise" This also applies to cases in which all the analyzed gene fragments provide good results and a specific gene analysis fails 3 times, as the relevant DNA section cannot be evaluated due to genetic changes. Consumers are not specifically advised of this fact.

Privacy

The laboratory will keep the data obtained in the genetic analysis secret and thereby comply with the following provisions: The customer shall have access to all data concerning him, as he is the examined person. The examined person must be notified of unexpected results that are of direct clinical importance or for which he asks explicitly, unless it is expressly the wish to be informed only about a certain result. This announcement is especially true if the person examined has not asked for it to be designed so that it does not disturbingly effect the person examined. The client will not be notified of gene variations that were not sufficiently scientifically documented at the time of analysis and their clinical impact can therefore not be clearly interpreted. Data in non-anonymous form may only be used for a purpose other than the purpose for which they were originally collected with the express written consent of the person examined. Data may only be passed on: to persons at the facility in which they have been collected, who are directly involved in the investigation, processing or evaluation of the data, to the person being examined, the doctor who initiated the genetic analysis and to the practicing or diagnosing doctor, to another person only if the person examined has explicitly agreed in writing, in which case a written revocation of this approval is possible. Information pursuant to §§ 4b and 4c Federal Data Protection Act: the LABORATORY transmits personal data to partner companies in Germany and to partner companies in other Member States of the European Union, which are part of providing the service offered by the laboratory in order to fulfill the contract with the customer (§ 4c para 2 Federal Data Protection Act in DE.). These companies only receive data which is necessary for the provision of the respective service. According to § 4c Federal Data Protection Act, these companies were contractually bound to only processing or using transmitted data for the purpose for which it was transferred. Data must be protected against unauthorized access in a suitable manner: Data that has not been rendered anonymous may only be automatically processed at the facility in which it has been collected, as well as at the submitter; it shall be stored separately from other data types, and may only be accessed by persons authorized under this act and only with a separate access way. The obligations also apply to persons involved in the conduct of genetic tests or during storage or management of collected data. Please note that we can not accept any responsibility or liability for the content of external internet sites and distance ourselves from the content of linked pages which may be accessible through the integration of external links on our site. Third-party content on pages that can be accessed via links from our sites and our sub sites, are not endorsed by the LABORATORY and therefore it accepts no responsibility for this. We distance ourselves from undue or illegal content.

Storage and use of the samples

Samples, obtained (genetic) data and personal information is very important for science and research into genetic diseases. For this reason, if the customer does not disagree, the samples and data will be kept for research purposes after completion of the analysis. If these materials are used for further research, this is done solely in an anonymous form to ensure personal data protection.

However, the customer has the right decline the scientific use of his genetic samples at any time and without stating reasons and to have it destroyed.

Miscellaneous

Binding assurances, obligations and commitments can only be attributed to the LABORATORY or considered to be accepted by it, if they are made by the LABORATORY itself. In contrast to the customer who is a consumer, the submitter or the attending physician is certainly not attributable to the LABORATORY and therefore can not bind the LABORATORY. Changes or amendments of these Terms and Conditions are only valid if agreed in writing. If any provision, part of a provision of these Terms or any other agreement is completely or partially invalid, void or unenforceable, this shall not affect the effectiveness, validity or enforceability of the remaining provisions. Under these circumstances, the provision found to be be ineffective, invalid or unenforceable shall be deemed replaced by a provision that most closely matches the one found to be ineffective, invalid or unenforceable in its economic importance. The laboratory is entitled to transfer an agreement or its rights and obligations under such in accordance with the Genetic Engineering Act or the DE GenDG to third parties.

Conditions for the implementation of newborn analyses

General provisions

In the case of newborns analyses, the terms and conditions for genetic testing apply in addition to this section. In newborns analyses, metabolism waste products are measured in the urine, which may provide information on the existence of certain (genetic) metabolic diseases. The analysis is a diagnostic aid for the presence of the analyzed diseases. In addition, recommendations are given for the treating physician to better deal with the identified disease in the case of a positive result. It is the duty of the parent or guardian, where appropriate, to seek a (children) physician to follow the recommendations for the treatment or prevention. The area of ​​responsibility for the treatment is in the sphere of the treating physician. All the laboratory provided recommendations are only seen as a suggestion / inspiration for the treating physician.

Disclaimer

The laboratory shall only be responsible for the field of technical analysis. It is in no way liable for the effectiveness of the recommended treatment or for any health, financial or property damage caused by the analysis result.

Conditions for conducting blood tests (allergy, food intolerance etc.)

General provisions

In blood tests, substances contained in the blood are (among other things, antibodies) measured and analyzed. The result is then interpreted by the laboratory and a recommendation for action is created (e.g., abstinence or desensitization therapy). The necessary sample is obtained from a finger puncture.

Sampling

Should the referring physician not have the authorization to carry out a blood test, the customer needs prick themselves in the finger with the available lancet. It is within the remit of the customer to thoroughly clean the place, according to the instructions and immediately consult a doctor for proper treatment in case of infection.

Disclaimer

The recommendations drawn up by these analyses should be considered as a recommendation or inspiration for the treating physician. You should clarify any acts relating to your health with your doctor. The laboratory is not responsible for the effectiveness of the recommendations, health consequences of recommendations, health consequences of not proper sampling or financial damage that has arisen subsequent to this analysis.

TaC for Beauty Products

General

The following terms and conditions govern the contractual relationship between the provider and the buyer in their version that is valid at the time the order is placed. They apply to all deliveries worldwide and include all products that are applied in the field of beauty and beauty preservation (cremes, shampoos etc.).

Contract, purchase price and buyer defaults

The offering on our site on the Internet is merely a non-binding invitation to the customer to make an offer. After placing an order and thus the submission of an offer to conclude a contract, the customer will receive an order confirmation to the email address provided by him. This represents the acceptance of the offer by the provider, so the contract is legally binding is closed.

Our products are carefully manufactured to pharmaceutical rules. Furthermore, we also have a scientist check the recipe for your safety. Requirement is that you do not have allergies or significant skin diseases. If applicable, these shall be made known to us. After conclusion of the contract, the customer is obliged to immediately transfer the total amount to the account of the provider, make the payment by Paypal or credit card or to pay the invoiced amount.

The purchase price is to accrue interest during the delay in payment by the purchaser. The interest rate is five percentage points above the base rate. In addition, the provider is willing to accept credits to the PayPal account of the provider on account of performance (§364 II BGB) (provider is PayPal (Europe) S.à rl & Cie SCA; 5. Floor, 22-24 Boulevard Royal, L-2449, Luxembourg). The contractual relations between PayPal and its customers are governed exclusively by the terms of PayPal.

Delivery

The delivery occurs by consignment of products to the address given by the buyer. Delivery will be made at the discretion of the provider, where appropriate, after receipt of the total amount on the relevant account.

Right of withdrawal

In cases in which one of the substantive reasons listed below exists after the conclusion, the provider is entitled to immediately withdraw from the contract with the customer: 1. In case of active defects 2. In case of incorrect or delayed self-delivery. This does not apply to non-delivery caused by the provider. The provider is obliged to inform the customer about the unavailability of the service, without delay. Already exchanged services, particularly a total price already paid by the purchaser will be refunded immediately.

Liability for defects

In the case of a defect, the statutory provisions apply. The provider is not liable for further damages incurred by the buyer as a result of defective delivery.

This disclaimer does not apply to damages resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by the provider or a willful or negligent breach of duty by its legal representative or agent.

This disclaimer also does not apply to other damages, which occur due to an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty of its legal representatives or agents.

Retention of title

The goods remain with the provider until full payment.

Offset

The buyer only has a right to offset if his counterclaims are legally established or recognized by the provider.

Withdrawal and revocation

In general, you have a right of return or revocation according to § 312 b ff BGB. However, in case of an order this is ruled out, because we produce your order according to your own specifications, wherefore no other customers may benefit, because we customize the product for you individually. So we explicitly point out, that a right of return or revocation no longer exists upon dispatch of your individual order.

TaC for marketing activities

The provider reserves the right to generally contact customers for marketing and information. This includes emails, SMS, messages on the mobile phone application, direct mail and telephone contact.

However, the customer may at any time withdraw this consent by using the "unsubscribe" function at the bottom of the email. In this case, the provider must not contact the customer for advertising purposes again.

Conditions for participation in scientific studies

Scientific studies have to generate new knowledge about the target genetics or the provider's products. Participants are aware that the data collected by scientific analysis is published and used, if necessary, for advertisement purposes.

In such cases, the samples and data are only retained and published in an anonymous form (without ability to link it to the identity of the subscriber). This means that data security is ensured.

The provider also has the right to use the provided sample in an anonymous form for further scientific purposes or forward them to other companies or institutions in an anonymous form for this purpose.

The customer always has the right to terminate his participation in the study and future research projects without giving reasons and to have the remaining samples destroyed.

The provider has the right to contact participants after completion of the study for a request for a new trial or other medical or personal data. However, the customer is not obliged to issue a new trial or to answer further questions.

Conditions for use of testimonials and experience reports

Testimonials and experience reports that are submitted to the provider shall become the property of the provider and may anonymously (i.e. without ability to link to the identity of the person) be used for advertising purposes.

Place of performance and jurisdiction

The place of performance is the respective place of business of the contractual partner for the product. With regards to shipping, the danger passes to the customer as soon as the provider has handed the goods to the carrier of your choice.

The court of jurisdiction for all disputes arising out of the contract between the provider and the customer shall be the court responsible for the head office of the provider company. Nevertheless, the provider is entitled to sue the customer at his general jurisdiction.

To the extent in which only the masculine form is used in this agreement to refer to natural persons, they relate to women and men equally. When applying the form to specific individuals, the respective gender-specific form shall be used.