General Terms and Conditions of Purchase

General Terms and Conditions of Purchase in DNAGENICS

1. INTRODUCTION

This document (together with the documents mentioned therein) establishes the conditions governing the use of this website (www.dnagenics.com) and the purchase of products therein (hereinafter, the "Conditions") .

Please read carefully the Conditions before using this web page. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.

If you have any questions related to the Conditions, you can contact us through our contact channels.

2. OUR DATA

This web page is operated under the name DNA GENICS limited society by the entity DNA Genics, SL, a company domiciled at Paseo de la Castellana 81, p15, 28046 (Madrid) and Avd. De la Industria 16 , Tres Cantos (Madrid), registered in the Mercantile Registry of Madrid, in Volume 30.354, Sheet 38, Section 3, Sheet M-546265, inscription 1ª and CIF B86552122. Email info@dnagenics.com.

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data you provide about you will be treated in accordance with the provisions of the privacy policy. By using this website you consent to the processing of said information and data and declare that all the information or data that you provide us are true and correspond to reality.

4. USE OF OUR WEB PAGE

By making use of this website or placing orders through it, you agree to:

Make use of this website only to make queries or legally valid orders.

Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.

Provide us with your email address or other contact information in a truthful and accurate manner. Also, you agree that we may use this information to contact you if necessary.

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5. AVAILABILITY OF THE SERVICE

The articles offered through this website are available worldwide.

6. HOW TO MAKE AN ORDER

To place an order, you must follow the online purchase procedure and click on "PAY MY ORDER". After this you will receive an email acknowledging receipt of your order (the "Order Confirmation").

7. AVAILABILITY OF THE PRODUCTS

Your sample is processed within 48 hours after the payment is correctly processed.

8. DELIVERY IMPOSSIBILITY

If after our system process your sample, we are unable to process it, we will inform you and offer you a refund or to upload another sample.

9. PRICE AND PAYMENT

Prices on this website include VAT.

The prices are in euros.

Prices may change at any time, but possible changes will not affect orders already being processed or delivered, except for subscriptions.

Once you have made your purchases, all the items you want to buy will have been added to the cart and the next step will be to process the order and make the payment.

9.1 Price Adjustment Policy

We do not allow price adjustments on price reductions for orders purchased prior to or after a sale or a promotion.

10. PAYMENT METHOD

You can choose between the following means of payment:

10.1 PayPal or Stripe.com or Redsys

The charge will be made at the moment we confirm the order.

11. TAX ON ADDED VALUE

The prices include the VAT. The tax on added value is calculated based on the country you indicate during the checkout.

12 CHANGE / REFUND POLICY

This policy governs the terms and conditions under which DNAGENICS provides refunds and allows changes to its products and services. DNAGENICS shall provide refunds or allow changes to its products and services only under the circumstances set forth in this policy.

New accounts are provided free of charge to enable users to upload their data in order to confirm the accuracy of the uploaded data.

12.1 Refund Requests and Cancellations

If you wish to request a refund or cancel an order, you must notify DNAGENICS customer service via the "Contact Us" form or sending an email to support@dnagenics.com. Refunds and cancellations will only be granted under the following conditions:

1. New Kit Orders: If you notify DNAGENICS within 60 days of your order that you no longer wish to use DNAGENICS' DNA kit, and if you have not yet returned your sample to DNAGENICS for processing, you may cancel your order. If you satisfy these requirements and return the unopened sample kit to DNAGENICS within 30 days of requesting the refund, you will be eligible for a partial refund of the purchase price. If you are eligible for a partial refund, the amount of the refund will be the purchase price that you paid, less a $25 cancellation fee. DNAGENICS will not issue any refund if more than 60 days have passed since your order was placed, your sample has been returned to DNAGENICS for processing, or if DNAGENICS does not receive the unopened sample kit within 30 days after the refund is requested.
2. Sample Failures: In the rare circumstance that a sample fails initial testing, DNAGENICS will begin a second run if there is a sample in storage. If DNAGENICS does not have an additional sample in storage, DNAGENICS will mail out a second collection kit, free of shipping charges, to the address on file. Adjustments to the shipping address can be made on the Contact Information section of the Account Information page. If the sample fails subsequent testing, DNAGENICS will allow one (1) more testing attempt. The fee for an additional attempt once the failure limit is reached is €60 for DNA Kit and €100 for Whole Genome Sequencing.

12.2 Non-Refundable Products and Services

The following products and services are non-refundable:

• Any report
• Any pack
• Any bundle
• The "Imputation/Extend" service, once the results are correctly processed, the order cannot be refunded.
• The "Phasing without parents" or "Phasing Duo/Trio" services, once the results are correctly processed, the order cannot be refunded.
• The "WGS to RAW" service
• The "VCF to RAW" service
• The "Annotate RAW" service
• The "Merge RAW" service
• The "Create Admixture Service" service
• The "23andme relatives report" service
• Ancestry Studio PRO: Admixture Studio PRO and G25 Studio PRO (Unlimited runs)
• Any service once the results are delivered
• Any application based on an unlock code whenever is already unlocked

12.3 Changes to Orders

DNAGENICS does not accept changes to orders after the results are delivered.

12.4 Account changes

We cannot change any data from your account/profile details. All the changes the users can perform are described in the account details area.

13. INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, registered trademark and other intellectual property rights over the materials or content provided as part of the website correspond to us at all times or to those who granted us a license for its use. You may make use of such material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact information.

14. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not try to have unauthorized access to this web page, to the server in which said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial of service attack.

Failure to comply with this clause could entail the commission of infractions typified by the applicable regulations. We will report any breach of this regulation to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or of the download of contents of this or those that it redirects.

15. LINKS FROM OUR WEB PAGE

In the event that our website contains links to other web pages and third-party materials, these links are provided for informational purposes only, without our having any control over the content of such web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.

16. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most of those communications with us are electronic. We will contact you by email or we will provide information by posting notices on this web page. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

17. NOTIFICATIONS

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clauses above and unless otherwise stipulated, we may send communications either to the e-mail provided by you at the time of placing an order.

Notifications will be considered received and properly made when they are posted on our website, 24 hours after an email has been sent or 72 hours after the email was sent, and no reference shall be made to the posting or receipt of letters. To demonstrate that a notification has been sent, it will suffice to demonstrate that the email was sent to the recipient's specified email address.

18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract is binding both for you and for us, as well as for our respective successors, assignees and assignees.

You may not transfer, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.

We may transfer, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived therefrom on our behalf or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you have as a consumer recognized by law or will annul, will reduce or limit in any other way the guarantees, both express and implied, that we could have granted.

19. EVENTS OUTSIDE OF OUR CONTROL

We will not be responsible except for intent or negligence for any breach or delay in complying with any of the obligations we assume under a Contract, whose cause is due to events beyond our reasonable control ("Force Majeure").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

- Strikes, lockouts or other industrial action.

- Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations.

- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

- Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.

- Inability to use public or private telecommunication systems.

- Acts, decrees, legislation, regulations or restrictions of any government or public authority.

- Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations under the Contract despite the Cause of Force Majeure.

20. WAIVER

The lack of requirement on our part of the strict compliance on your part of any of the obligations assumed by you under a Contract or of these Conditions or the lack of exercise on our part of the rights or actions that could correspond to us of said Contract or the Conditions, shall not imply any waiver or limitation in relation to said rights or actions nor shall it exempt you from complying with such obligations.

No waiver on our part of a right or concrete action will imply a waiver of other rights or actions derived from the Contract or the Conditions.

No waiver by us of any of these Conditions or rights or actions derived from the Contract shall take effect, unless it is expressly established that it is a waiver and formalized and communicated to you in writing in accordance with the provisions of the Notification section above.

21. PARTIAL NULLITY

If any of these Conditions or any provision of a Contract is declared null and void by a final decision by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

22. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the object of the Contract and supersede any other agreement, agreement or previous promise agreed between you and us verbally or by written.

You and we acknowledge having consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two before said Contract, except that which is expressly mentioned in these Conditions.

Neither you nor we shall have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless that fraudulent statement was made uncertain) and the only action available to the another part will be for breach of contract in accordance with the provisions of these Conditions.

23. OUR RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to review and modify these Conditions at any time.

You will be subject to the policies and Conditions in force at the time you use this website or make each request, unless by law or decision of government agencies we should make changes retroactively in those policies, Conditions or Privacy Statement, in whose case, the possible changes will also affect the orders that you had previously made. If you do not agree with the changes introduced, we recommend not using our website.

24. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and product purchase agreements through said website will be governed by European legislation.

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the competent courts and tribunals. If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.

25. COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.

Your complaints and claims before our customer service will be handled in the shortest possible time and, in any case, within the legally established period.

26. DEFAMATION

The purpose of this site is to help you with analyzing your genetics. This site is not be used as a springboard to launch personal attacks of any kind, nor to denigrate groups of individuals based on ancestry, illnesses, or other traits or conditions.

In addition, the user agrees not to defame DNAGENICS, its employees, or its products and services, and not to disclose any private conversations or communications between DNAGENICS and the user. Any violation of this provision may result in the immediate termination of the user's account and legal action may be taken if deemed necessary. DNAGENICS values a respectful and professional relationship with its users and expects the same in return.