GENERAL CONDITIONS OF ONLINE CONTRACTING OF PATERNITY TESTS AT GENYCA
- IDENTIFICATION AND COMMUNICATIONS
The company GENYCA, in compliance with Law 34/2002, July 11th, on Services of the Information Society Services and Electronic Commerce, informs you that: Its corporate name is GENYCA INNOVA Análisis y Diagnóstico Genético S.L. Its CIF is: B83751933. Its registered office is at: C / Alegría, 18 – 28220 Majadahonda MADRID SPAIN. Registered in the Mercantile Registry of MADRID, Volume 19.199, Section 8, Page M-336110, Folio 210. You can communicate with GENYCA by telephone: +34 916346106 or email: email@example.com All notifications and communications between Clients and GENYCA will be considered as valid, for all purposes, when made through postal mail, email and burofax.
- MAIN CHARACTERISTICS OF PRODUCTS AND SERVICES
GENYCA is a laboratory specializing in Molecular Genetics, established in 2003. Our goal is to improve people’s lives through genetic diagnosis and genetic identification tests, bringing Genetics closer to everyone, so that its benefits are accessible to both the specialist and the patient and their family. GENYCA has the quality certification under ISO 9001: 2008 and performs all analysis following procedures and protocols adapted according to the recommendations of the European Molecular Genetics Quality Network (EMQN). We always work in compliance with the technical and methodological requirements in accordance with ISO 15189: 2013 and ISO 17025: 2005 standards, accreditation standards for diagnostic laboratory tests. We also actively participate in external quality controls for hereditary diseases diagnostic tests and genetic identification tests, which supports the reliability of our analyses and the quality of our services.
The services offered through GENYCA will be available in the national territory, including the Balearic Islands, Canary Islands, Ceuta and Melilla, as well as worldwide. When purchasing genetic tests from out of the mentioned national territory, the applicant should pay the extra transport costs that may be applicable. The purchase procedure will be carried out in the English language, without prejudice to the possibility of carrying out the procedure in other languages that may be specified.
The Customer requesting a genetic identification test acknowledges that he has read in detail and expressly accepts the present General Conditions of Purchasing Paternity Tests online to GENYCA. From this moment, he/she is considered as applicant to the genetic study.
The Client is aware that the requested test of Informational Paternity Study does not constitute a test with legal validity, due to the nature of the online purchase that does not allow maintaining the chain of custody of the samples. In case you need to present the report of results in a court or administration, the Client must contact GENYCA and do not make the purchase through the online platform. Likewise, the Client is aware that the price of the test does not include assistance in Trial. The ratification of the report in a judicial proceeding will accrue fees for time invested, plus all travel expenses incurred. In case of needing an expertise, the Client must contact GENYCA and consult the current rate.
After purchasing a genetic study through GENYCA, the following procedure is started:
SAMPLING AND REQUESTED DOCUMENTATION
- Delivery of the sampling kit to the applicant’s address by ordinary mail. The kit contains swabs for oral swabs to each participant, accompanied by sampling instructions, informed consent and the request form.
- Once the sample has been taken, the applicant should send the kit to the laboratory by certified mail, including the swabs and the request form duly filled.
- The applicant recognizes that the biological sample provided comes from the person specified as “participant”, and that it will be used exclusively for the requested analysis. In case of an unexpected finding, the user authorizes the laboratory to assess the appropriateness and acceptance to receive this information and act accordingly.
PERFORMING AN ANALYSIS AND DELIVERY OF RESULTS REPORT
- Reception of the sample in the laboratory and delivery of a message by email confirming the arrival of the sample, to the applicant’s email specified in the form, at which time begins the period of time established for the delivery of the test result.
- Analysis of the sample according to the requested genetic test.
- Interpretation of the results.
- Issuance of the report of results and delivery exclusively to the applicants who have so requested it conveniently in the service request form by signing the corresponding section. Under no circumstances will the analysis result be provided by telephone. The report of results will be sent exclusively by email.
- The applicant authorizes the laboratory to transmit the analysis result to himself/herself and other people he may authorize in writing. GENYCA will not provide, under any circumstances, the analysis result by telephone.
- It is possible that the performed studies provide relevant information for the participant or his/her relatives’s health or even the health of the user’s family members. For this reason, the final decision assessing the convenience of forwarding this information to the user’s family, the final decision to do so will depend exclusively on the applicant.
- PRICE AND APPLICABLE DISCOUNTS
The prices and rates applicable to the purchase of training courses will be those that appear on the website at the moment the applicant proceeds to initiate the purchasing process.
All the prices of genetic identification tests (such as paternity tests) that appear in GENYCA’s online store are expressed in Euros and include 21% of VAT, complying with current legislation. The Client must pay the corresponding additional shipping costs, according to the information provided by the service provider during the purchasing process.
Discounts may be offered by GENYCA at certain times, some of which can be cumulative. The information regarding discounts (conditions, limitations, period of validity, etc.) will be clearly shown during the purchase process. In case of being able to benefit from any of the discounts, the Client should select the discount and follow the instructions that will allow him to justify eligibility conditions and access the discount. GENYCA reserves the right to accept the documentation provided by the Client. In case GENYCA does not accept the documentation provided as valid, the missing payment will be required and the total price must be paid before sending the results report.
- PURCHASING PROCESS
The purchase process is carried out in English, without prejudice to the possibility of carrying out the procedure in other languages that may be specified. The Client interested in a test must follow all the purchase procedure in the platform, from which he will be clearly informed of the different steps all along the whole purchase process.
Only people who are at least 18 years old, as well as those minors who have authorization from their legal guardians, will be able to process purchase orders to GENYCA. The Client that makes use of GENYCA guarantees that de is at least 18 years old, as well as the veracity of the set of registration data provided. In any case, the Client will be solely responsible for the false or inaccurate statements made and the damages caused to GENYCA or third parties related with the provided information.
GENYCA reserves the right to accept the documentation provided by the Client if required. In the event that GENYCA does not accept the documentation provided as valid, GENYCA will contact the Client to request the appropriate documentation again.
Payment of the selected services should be made by Paypal or debit or credit card. The payment must be confirmed by the corresponding bank. The card with which the payment is made must be owned by the Client that has purchased the service through GENYCA. In the event that the credit card’s holder and the Client are different persons, it is an inexcusable requirement that the payment is made by the cardholder. For such purposes, GENYCA is exempt from any liability arising from the breach of this clause, GENYCA not responding to the payment made by a Client with the card owned by a third party.
Payment by card will be made through a secure SSL payment gateway belonging to REDSYS under a protocol and encryption that guarantees the security of the data issued by the Client. In this sense, GENYCA is exempt from any responsibility in relation to the confidentiality and security of the information and data provided by the Client when paying for the services contracted through GENYCA through the systems provided, to the extent that the treatment of such information and data is not exclusively under the control of GENYCA but of third-party providers of financial intermediary services.
During the purchase process, the Client will obtain information on the references of each test and the applicable discounts. Likewise, the different forms of payment and each step to be followed will be detailed. The Client will receive proof of payment of the corresponding purchased service within the 24 hours following the completion of the purchase process, at the provided address. GENYCA’s team will then contact the user to confirm the delivery of the sampling collection kit.
All communication with users will be done online, less the sending of the sample collection kit that will be done by ordinary mail. The electronic document in which the order is formalized will be treated as a contract, will be filed by GENYCA and will remain in force while the analysis is carried out and the results report is delivered.
- RIGHT OF WITHDRAWAL
The Client may exercise his right to withdraw from the contract and return the service, without any cause, within a period of fourteen (14) calendar days, from the purchase date. To exercise this right, the Client must send an email to firstname.lastname@example.org including the full name of the requested test, the purchase date, the payment type, at the Client’s discretion, a brief description of the reasons for the withdrawal Once the email has been sent, the Client will receive by the same means the response of GENYCA and a summary with all the necessary information to exercise the before mentioned right of withdrawal.
In the case of exercising the withdrawal right once the provision of the service has begun, the following consequences apply:
– If at the time of requesting the withdrawal the requested service had not begun to be provided and the sampling kit has not been sent, all amounts paid by the user will be returned to the user, including any delivery costs that he/she may have paid.
– If at the time of requesting the withdrawal the sampling kit has been already sent, the user will only return the sampling kit if the swabs have not been unsealed. The Client is aware and expressly informed that he loses his right of withdrawal once he unseals the swabs included in the sampling kit, whether or not the sample has been taken, without any reimbursement of the amounts paid during the purchasing of the genetic testing service.
– When the sample arrives at the laboratory to carry out the genetic analysis, the service will be understood as executed and the refund of the amount paid by the user will not proceed.
At any time during the process, the user can revoke in writing the consent that was given for the genetic test, without this exempting him from the payment of the requested analysis.
- CHANGES AND INCIDENTS IN GENETIC TESTS
GENYCA does not guarantee or is responsible about the sample provided by the participant being apt to perform the genetic analysis due to reasons attributable to the participant (for not having been taken correctly) or third parties, as well as for reasons beyond their control.
If the participant does not take the sample correctly (for which GENYCA is providing clear and simple instructions) despite GENYCA’s recommendations, GENYCA will proceed to process the two swabs requested to the participant, and will try by all means to obtain a result. If finally it is not possible to obtain a result, GENYCA will send a second sampling kit, the kit being without cost and the applicant should pay the shipping costs similar to those paid for the delivery of the first sampling kit. In case that a result could not be obtained for this second sample, in spite of GENYCA’s insistence on correctly taking the sample, GENYCA will issue a Report of results specifying that it was not possible to obtain a result due to lack of DNA and will not return the money paid for the test. If the applicant wants to send a third sample again, he should repeat the entire purchase process through the online Platform.
Exceptionally, and for biological reasons (qualitative and/or quantitative terms) and other reasons beyond GENYCA, it might happen that a result cannot be obtained from the sample provided within the agreed period, or it may be atypical or inconclusive.
The reliability of the genetic studies is close to 100%, and in GENYCA we follow all the quality processes, audited by national and international entities, still existing the possibility of a human error (quantified in this laboratory in a 0.002% based on previous experience) because each analysis leads to high sample handling. In case of unintentional error, the test will be repeated without cost.
The requested analysis will not rule out pathologies not studied by this test, or not detectable due to the limitations inherent to the technique used.
The reliability of the genetic studies is close to 100%, and GENYCA follows all quality processes audited by national and international entities, still existing the possibility of a human error (quantified in this laboratory in 0.002%, based on previous experience) and this because each analysis needs high sample handling. In case of unintentional error, the test will be repeated without cost.
The requested analysis will not rule out pathologies not studied by this test, since it is not the objective of the analysis.
- INTELECTUAL PROPERTY AND RESPONSABILITY
GENYCA owns all the intellectual and industrial property rights of its web pages and online training platform, as well as the elements contained in it (images, videos, sounds, documents or texts). By virtue of the provisions of national, European and international regulations on intellectual property, the reproduction, distribution and public communication, including the way it is made available, of all or part of the contents of GENYCA, for commercial purposes, in any support and by any technical means, without the authorization of GENYCA, are expressly prohibited. It will be the User’s responsibility to have the adequate technical means to be able to purchase the genetic test. GENYCA is not responsible for the comments that users can write on social networks or on blogs owned by GENYCA.
That GENYCA is not responsible for the use of the services by the purchaser, nor for the results obtained through its analyses, nor for the possible harmful consequences derived from this use, making express reservation to take the appropriate actions in the event of improper use of the aforementioned analyses.
- CONFIDENCIALITY AND DATA PROTECTION
In compliance with the 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 data treatment system of GENYCA INNOVA ANALISIS Y DIAGNOSTICO GENÉTICO S.L. with CIF B83751933 and registered office at c/ Alegría Nº 18 – Majadahonda (28220) with the purpose of carrying out sanitary, commercial, administrative, fiscal and accounting data management. The data processing is legitimized in execution of the contract for the provision of services in place. GENYCA INNOVA ANALISIS Y DIAGNOSTICO GENÉTICO S.L. will not elaborate automated profiles with the data provided. Your data will be kept during the legally established period. At the same time, we inform you that you can contact the Data Protection Delegate by writing to the e-mail address email@example.com
GENYCA INNOVA ANALISIS Y DIAGNOSTICO GENÉTICO S.L. informs that it will proceed to your data treatment in a lawful, loyal, transparent, adequate, pertinent, limited, accurate and updated manner, committing itself to adopt reasonable security measures to suppress or rectify these when they are inaccurate. You may revoke the consent given at any time by writing to c/ Alegría Nº 18 – Majadahonda (28220) Madrid, Spain, as well as contact the Control Authority to present the claim that you consider 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 Alegría No. 18 – Majadahonda (28220), Madrid, Spain. You can also contact the competent Control Authority to present the claim that you consider appropriate. You can expand the information on our data protection policy at www.genyca.es
- APPLICABLE LEGISLATION
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), excepting cases for which the regulations on the Protection of Consumers and Users establish another criterion.