DNA Plus – Zentrum für Humangenetik GmbH
Georg Wrede Straße 13, D-83395 Freilassing
Company register: HRB 19437
Tax number: 163/124/50295
Sales tax number DE267251566
Contact  Tel: +43 662 42 50 99 11
Fax: +43 662 42 50 99 44
Director: Dr. Daniel Wallerstorfer
Email: service@novogenia.com
Bank account: Sparkasse Berchtesgadener
Land Account: 0020096327 BLZ: 71050000 BIC: BYLADEM1BGL
IBAN: DE32710500000020096327

3.2. Main features of the service

Medical genetic analysis | genetic analyses based on the provided cells, which serve either the diagnosis or risk assessment of diseases or food intolerances or the effectiveness of therapies. Preventive genetic analyses also fall under the category of medical genetic analyses. | Genetic risk assessments may be accompanied by medical recommendations and preventative measures. | Genetic analyses that identify genetic disease risks with the purpose of individually dosing personalised micronutrients (vitamins and minerals), and also identifying and communicating the resulting disease risks are considered medical genetic analyses.

4. RArrangements for all genetic analyses

4.1.Contract conclusion

Delivery and shipping costs for providing the service depend on the location and are clearly indicated in the request forms. | By placing an order, the customer makes a binding offer to enter into a contract. | The customer's offer remains binding for a period of 2 weeks from receipt of the offer. | The sender confirms that if the order form does not clearly state the patient as the party requesting the contract and the patient/customer has not confirmed all the necessary declarations in the order form in the places provided, the sender is then the party requesting the contract and thus becomes the contractual partner. This also applies if the sender acts as the invoice addressee. The customer agrees that the service can begin within 7 working days. If the contract is concluded with one of our sales partners, any claims shall be transferred to LABOR at this time.

4.2. Validity period of the prices

The prices are only valid for the respective concluded contract. | The quoted prices are current prices and are valid until further notice. Prices are subject to change. The price includes the statutory value added tax, unless it is visibly marked otherwise. | The customer does not incur any additional costs when ordering by means of distance communication. | The customer can pay the purchase price by bank transfer, credit card or PayPal. We reserve the right to exclude certain types of payment method.

4.3. Payment, default of payment and prohibition of offsetting

Invoices for genetic analyses may be issued by any of the companies or subcontractors belonging to the Group. The full invoice amount must be paid within 2 weeks of invoicing in the currency specified in the invoice. Once this period expires, the customer is in payment default. The customer shall ensure, especially when the payment is made outside Germany, that the invoice amount is received in full in the account of LABOR or another invoice issuer without deductions. This also means that the customer shall bear all charges, particularly in the case of foreign bank transfers. During the default period, the consumer shall pay interest on the arrears at a rate of 5% above the base interest rate. During the default period, the contractor shall pay interest on the arrears at a rate of 8% above the base interest rate. We reserve the right to prove and assert a higher default interest claim against the contractor. In the event of late payment, all customers (including consumers) shall bear all costs associated with the monitoring and collection of the claim, such as reminder fees, collection charges, the costs of engaging a lawyer, including for the lawyer's out-of-court activities and any other costs that are necessary for appropriate legal action. The customer shall also bear all consequences of the default in this case too. The contractor shall only be entitled to compensation if their counterclaims have been legally established or recognised by us. The consumer shall only be entitled to compensation in the event of our inability to pay or for counterclaims which are legally connected with the consumer's liability and which have been legally established or recognised by us.

4.4. Right of withdrawal

Since all products are personalised in accordance with Art. 18 (1) (3) of the Federal Medicines and Medical Products Agency (FAGG) and are tailored to personal needs, there is no right of withdrawal within the meaning of Art. 11 of the FAGG and no right of withdrawal within the meaning of Art. 11 of Directive 2011/83/EU of the European Parliament and of the Council dated 25.10.2011 on consumer rights.

4.5. Effects of the Genetic Engineering Act / Genetic Diagnostics Act

The customer explicitly acknowledges that LABOR will begin the service within seven working days from receipt of the sample. The patient's option to state that they do not wish to know the result of the analysis and the consequences that can be derived from it has no influence on the concluded contract, irrespective of whether they are the contractual partner themselves or the contract was concluded between the sender and the provider. If the patient/customer withdraws his/her consent to the genetic analysis, LABOR will cease all activities and will also be released from providing its services. If the service provision has already begun, 50% of the purchase price shall be paid as compensation for expenses and work carried out. The customer expressly confirms that they have taken specialist medical advice or treatment before concluding the contract.

4.6. Loss / destruction / damage / alteration / defectiveness of the sample

If the sample sent by the customer is destroyed, damaged, altered or lost during transportation, this shall be the sole responsibility of the customer. If the sample is damaged or altered during transportation, resulting in an incorrect or faulty result, this shall not be the responsibility of LABOR, so no claims can be derived from this in particular. If no DNA can be isolated from samples, the customer agrees to provide another sample without being entitled to costs or compensation. The service is provided by sending the analysis result and, if applicable, the findings to the customer, which thus completes it. However, LABOR shall remain available for questions for at least 4 weeks following receipt of the result. Unless agreed otherwise in writing, the provision of services shall commence as soon as possible and, in any case, within 7 working days of concluding the contract. The customer is advised that the genetic analysis may take up to 8 weeks. If the service is not provided by the service deadline, the customer shall be entitled to withdraw from the contract if they have granted LABOR a reasonable grace period of at least 2 weeks in writing, unless a fixed delivery date has been explicitly agreed. If a circumstance arises which makes a significant delay in performance or the impossibility of performance probable, LABOR shall be entitled to withdraw from the contract. If LABOR is at fault for this delay in performance or is otherwise responsible for it, LABOR shall be liable for any damage caused thereby, but only if LABOR has caused this circumstance intentionally or through gross negligence.

4.7. Limitation of liability

LABOR shall only be liable for damage caused to the customer by gross negligence or intent on the part of LABOR or its employees. Liability for slight negligence, compensation for consequential damages and financial losses, unrealised savings, loss of interest and damages arising from third-party claims against the customer is excluded. These limitations of liability shall not apply to personal injury attributable to LABOR and - insofar as consumers are concerned - to damage to items handed over to LABOR for processing. The purchaser shall only be entitled to compensation for late performance or non-performance up to the amount of the damage actually incurred and only if LABOR is responsible for intent or at least gross negligence. Consumers and senders are advised that the recommendations given are guidelines and recommendations for various actions, but that implementation is always the responsibility of the customer and/or their physician. We advise that the results of genetic analyses are often statistical probabilities and a technical evaluation. The genetic analyses are always carried out using state-of-the-art technology, but LABOR reserves the right to a 1% error rate. Furthermore, we advise that LABOR excludes any liability claims that may arise due to future or current illnesses. The prevention and action programmes offered by LABOR can reduce the risk of illness, but cannot completely eliminate it. It is therefore possible that disease may develop, despite compliance with the preventive measures. The medical statements and recommendations are based on scientific publications, which are also cited as references in the reports. These have been evaluated to the best of our knowledge and belief, and are considered accurate, but should not necessarily be regarded by the consumer as the final and definitive state of scientific knowledge. It is theoretically possible that future genetic studies could come to a different conclusion and call the results and recommendations into question. Liability based on new scientific findings is therefore excluded. Consumers are advised that, in addition to the usual genetic changes detected by LABOR, other rare genetic changes may also be present. These changes could potentially have a positive or negative influence on the genetic changes to be analysed. So, no reliable statement can be made about the genetic change in such cases. If this is the case, the analysis is repeated and confirmed at least 3 times and then declared as “Medically unknown - effect unclear and therefore declared as a wild type until new science proves otherwise”. This also applies to cases in which all analysed gene fragments provide good results and a specific gene analysis fails 3 times because the relevant DNA section cannot be evaluated due to genetic changes. Consumers are not specifically informed about this fact.

4.8. Data protection

LABOR will keep the data obtained during the genetic analysis confidential, and will observe the following provisions in particular:

The customer, as the person examined, must be granted access to all data relating to them at their request. The person being examined must be informed of unexpected results that are of immediate clinical significance or about which they explicitly ask, unless there is an explicit wish to be informed about a specific result only. In particular, if the person being examined has not asked for this information, it must be communicated in such a way that does not cause an unsettling effect on the person being examined. Genetic changes that were not sufficiently scientifically documented at the time of the analysis and whose clinical impact can therefore not be clearly interpreted will not be communicated to the customer. Non-anonymised data may only be used for a purpose other than that for which it was originally collected with the explicit written consent of the person tested.

To fulfil the contract with customers, LABOR transmits their personal data to partner companies in Germany and also to partner companies in other member states of the European Union which provide part of the service offered by LABOR. These companies only receive the data that is necessary for providing the respective service. These companies are contractually obliged to ensure that the sent data may only be processed or used for the purpose for which it was sent. Data must be suitably protected against access by unauthorised persons:

Data that has not been anonymised may only be processed automatically in the facility in which it was collected; it must be stored separately from other types of data and may only be retrieved by persons authorised under this federal law and only with a separate access option. These obligations also apply to individuals who are involved in conducting genetic analyses or in storing or managing the data collected in the process. Please note that we cannot assume any responsibility or liability for the content of linked external websites and hereby explicitly distance ourselves from the content of linked pages that may be accessible through the integration of external links on our website. LABOR does not adopt external content on pages that can be accessed via links from our pages and sub-pages as its own and, therefore, accepts no responsibility for such. We explicitly distance ourselves from any non-permitted or illegal content.

4.9.Storage and use of the samples

Samples will be destroyed no later than 30 days after completing the analysis, unless explicit permission has been granted for the anonymised use of the samples for research purposes.

4.10. Declaration of consent

Customers (consumers and contractors) give their explicit consent in accordance with Art. 174 of the Telecommunications Act (TKG), Article 6 of the E-Commerce Act (E-Commerce-G) and Article 8 of the Data Protection Act that they agree to receive electronic mail (e.g. emails, SMS, social media services, etc.); this consent can be revoked by the customers at any time.

Customers also declare their consent to profiling within the meaning of Art. 4 (4) of the GDPR (recitals 71, 72).

4.11.Subscriptions

General information All Novo-Daily products are based on customers’ respective DNA, and are therefore customised and manufactured to the specific needs of the customers. This requires a homogeneous production process and means that economical production is only possible if the ordered products are produced for a 3-month period.

Information about the subscription

The subscription is concluded for an indefinite period and can be terminated at any time. When a subscription is taken out, the ordered products are produced and delivered for three months in advance.

Payment of the purchase price: One third of the purchase price after taking out the subscription; one third of the purchase price one month after dispatching the delivery for the first 3 months; one third of the purchase price two months after dispatching the delivery for the first three months.

If the subscription is not cancelled at least 20 days before the end of 3 months from the subscription date, the products covered by the subscription will be produced and delivered for the next 3 months; payment will be made in the same way as described above (monthly direct debit).

You have the option of interrupting production after the first delivery for a maximum period of 24 weeks per contract year (calculated from the date of the first order). In this case, the production process is stopped for the selected duration of the interruption and only resumed after this has expired. The duration of the interruption can be 1 week, 2 weeks, 3 weeks, 4 weeks, 8 weeks or 12 weeks; per contract year (from the date of the first order), with a maximum of 24 weeks in total.

The subscription can be cancelled at any time before the end of the minimum contract period. The subscription will then be cancelled, but the analyses, which were included free-of-charge, will then be charged in this case.

4.12. Miscellaneous

Binding assurances, obligations and commitments can only be attributed to or accepted by LABOR if they are made by LABOR themselves. Amendments or additions to these general terms and conditions are only valid if agreed in writing. Should a provision, part of a provision of these general terms and conditions, or any other agreement be wholly or partially ineffective, invalid or unenforceable, this shall not affect the effectiveness, validity or enforceability of the other provisions. In such circumstances, the provision found to be ineffective, invalid or unenforceable shall be deemed to be replaced by a provision that comes as close as possible to the economic meaning of the provision found to be ineffective, invalid or unenforceable. LABOR shall also be entitled to transfer a contract or its rights and obligations arising from such a contract to third parties.

If the laboratory receives samples which - contrary to the product instructions - are not clearly marked as reorder samples, these can only be recognised as such and compared with the initial order with considerable additional effort. In such cases, the laboratory is therefore entitled to charge a 30% surcharge on the original price of the initial order.

It is expressly and exclusively agreed that Austrian law shall apply; the jurisdiction of the competent courts of the City of Salzburg (Austria) is agreed without exception, with the express exclusion of any reference norms and any arbitrage.