This contractual document will govern the contracting of services through the website www.adnsalud.com, owned by Eugenomic S.L. under the ADN y Salud trademark.

Acceptance of this document implies that the User:

You have read, understand and comprehend the above.

Is a person with sufficient capacity to contract.

Assumes all obligations set forth herein.

 

These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the ADN y Salud website.

The content of these terms and conditions of contract, as well as any information contained in this website, is subject to change and update without notice. These modifications come into force as soon as the updated terms and conditions are published on the website. The User shall be subject to the terms and conditions in force at the time when they register/make purchases from the website.

 

Identity of the contracting parties

On the one hand, the Supplier of the goods or services contracted by the Customer is Eugenomic S.L., hereinafter Supplier, with registered office at Calle Londres 6 despacho 2 08029 Barcelona, NIF B63050470, telephone 932 922 963 and e-mail info@eugenomic.com.

And on the other hand, the User, registered on the website by means of a username and password, over which he/she has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to the Provider.

 

Object of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship between the Supplier and the User at the moment the User accepts the corresponding checkbox during the online contracting process.

The contractual relationship of purchase and sale involves the delivery of a specific service in exchange for a specific price publicly displayed on the website.

 

Definitions

In the context of these terms and conditions, as well as on the website, the following words are defined as follows:

User: The party contracting with Eugenomic. The User can be either a natural person, adult and over 18 years of age, or a legal entity.

Website: information and sales platform for genetic, pharmacogenetic, biochemical and similar tests, made available to the Customer by Eugenomic, within the framework of the present terms and conditions. The URL dedicated to this website is as follows: https://www.adnsalud.com/. This website is owned by Eugenomic S.L., (registered in the Mercantile Registry of Barcelona, Volume 35255, Folio 89 Sheet No. 261194 Entry 10 under reference number and located at Calle Londres, 6 - 08029 Barcelona).

 

Contracting procedure

The User, in order to access the services offered by the Provider and formalize the contract, must register through the website using the registration form prior to purchase. Therefore, the User must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current regulations on personal data protection detailed in section 13 of this document, Privacy Policy.

The User has in his possession the personal registration data (username and password) and undertakes to make diligent use of the same and not to make them available to third parties, as well as to inform the Provider of the loss or theft of the same or of possible access by an unauthorized third party, so that the latter may proceed to the immediate blocking.

Once the user account has been created, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

 

1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Competition.
7. Obligations and liability of Eugenomic S.L.
8. Customer obligations and liability.
9. Financial provisions.
10. Purchase process.
11. Applicable warranties.
12. Warranties and returns.
13. Applicable law and jurisdiction.
14. Advertising.
15. Intellectual property.
16. Privacy policy (protection of personal data).
17. Dissociation.
18. Suspension or termination of the contract.

 

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, access to the service shall constitute acceptance by the Client/Student of all these legal conditions.

Any condition that is not expressly accepted in advance and in writing by the Supplier remains unappealable regardless of when or at what particular time it may have become known or realized any commercial significance to the party.

All paragraphs that make up the whole of this contract are relevant even if they are not applicable, nor is it possible to selectively interpret or oppose a clause without giving rise to a waiver by the Supplier, taking into account the conditional clauses that constitute the agreement mentioned below (null and void conditions).

 

2. SHIPMENT OF ORDERS

The Supplier will not send any order voucher until it has verified that payment has been made.

Shipments of goods will usually be made by MESSAGE EXPRESS, according to the destination freely designated by the USER.

 

Failure to execute the contract remotely

Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material breach. In the event that the Supplier has not delivered the goods, 30 days after the agreed delivery date, due to unavailability of the product or service, the USER shall be informed and shall be entitled to cancel the order and receive a refund of the total amount paid + shipping costs at no cost, and without any liability for damages attributable to the Supplier.

In the event of unjustified delay on the part of the Supplier with respect to the reimbursement of the full amount, the User may claim, without prejudice to his right to be compensated for damages suffered in excess of such amount.

The delivery time is usually between 2 and 10 working days, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.

The Supplier shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete information provided by the User.

Delivery shall be deemed to have been made when the carrier has placed the products at the disposal of the User and the User, or the User's delegate, has signed the delivery receipt document.

It is the User's responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.

 

3. RIGHT OF WITHDRAWAL

The User has the same rights and deadlines to proceed with the return and/or claim the possible vices or defects of the product or service, both online and physically.

The User has a period of thirty calendar days, counted from the date of receipt of the product, to return the product (Article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the costs relating to shipping will be borne by the User. The product must be returned in its original packaging and in perfect condition and, in case of provision of a service, from the same day of activation and / or download of the same.

The right of withdrawal shall not apply in the following cases:

If the product is not presented in perfect condition.

If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.

When the product is unopened and it cannot be proved that it has not been used

All returns must be communicated to the Supplier, requesting a return number by e-mail to info@eugenomic.com, indicating the corresponding invoice or order number.

Once the User has received the return number, he/she shall send the product to the Supplier, indicating this number on the letter of shipment, with transportation costs at his/her expense, to the address of Eugenomic S.L. Calle Londres 6 despacho 2 08029 Barcelona, NIF B63050470, telephone 932 922 963 and e-mail info@eugenomic.com.

The supplier provides sufficient information to users on the pre-sale platform so that they can decide freely on the contracting and acquisition of the products or services offered and make a secure purchase.

 

4. CLAIMS

Any complaint that the User considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:

Postal: Eugenomic S.L. Calle Londres, 6 despacho 2 - 08029 Barcelona
Phone: 932 922 963

Mail: info@eugenomic.com

In the event of a complaint or dispute of any nature whatsoever, the Supplier and the User agree to attempt to resolve the complaint or dispute amicably.

Online Dispute Resolution (Online Dispute Resolution)

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the User and the Supplier, without recourse to the courts of law, through the intervention of a third party, called Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

 

5. FORCE MAJEURE

Supplier shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond Supplier's control, including, but not limited to, acts of God, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortages of transportation, facilities, fuel, energy, labor or materials.

In the event of delay, the Supplier may be excused from performance, to the extent delayed or prevented by such causes, and for the entire period of time in question.

 

6. COMPETENCY

The User may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.

If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The User declares that he/she has read, knows and accepts these General Conditions in their entirety.

 

7. OBLIGATIONS AND LIABILITY OF EUGENOMIC S.L.

7.1 Continuity and consistency of service

The Supplier expressly agrees to provide all of its resources in the delivery, availability and provision of services in general and hereby agrees to fulfill its obligation as a service provider to the best of its ability.

The Supplier undertakes to act as diligently and carefully as possible and to proceed to provide a quality service in accordance with generally recognized practices: except in the hypothetical case that the service is suspended, by virtue of special instructions required.

The Provider reserves the right to interrupt the service through its server, in order to carry out essential maintenance, to improve network performance, or for any other operational reason in connection with maintenance.

In particular, it is up to the User to maintain his own virus protection as well as the version of his browser. The provider shall not be liable for any viruses transmitted through its website.

Similarly, the Supplier disclaims any liability for unauthorized access to computer systems, or for the looting of any data as a result thereof. However, the Supplier applies appropriate means to prevent unlawful intrusions. The Supplier shall in no event be liable for any damages related thereto, such as loss of operation, loss of profit, loss of value, damages or expenses.

 

7.2. Quality of service

The Supplier undertakes to exercise with due diligence and care its offer, providing a quality service, in accordance with normal practices in the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.

The Parties agree that the Supplier has the right to modify the services without prior notice.

 

7.3. After-sales services

The Supplier undertakes to provide the User with the necessary assistance regarding the purchase of the selected product or service. The User may contact the Supplier for any request at: info@eugenomic.com.

 

8. OBLIGATIONS AND LIABILITY OF THE CUSTOMER

All sales and deliveries made by the Supplier shall be subject to these Conditions.

No modification, alteration or agreement contrary to Eugenomic S.L.'s Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the Supplier, in which case these particular agreements shall prevail.

In view of the continuous technical progress and product improvements, the Supplier reserves the right to modify its specifications with respect to the information provided in its advertising, insofar as this does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.

 

9. FINANCIAL ARRANGEMENTS

9.1. Prices and billing

The prices indicated for each product are exempt from Value Added Tax (VAT).

These prices, unless expressly stated otherwise, include shipping costs (except for the Canary Islands and European Union), handling, packaging and shipping insurance.

The prices applicable to each product are those published on the website and are expressed in EURO currency. The User assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Any payment made to the Supplier shall entail the issuance of an invoice in the name of the registered User or the company name provided by the User at the time of placing the order.

For any information about the order, the User may contact the Supplier's customer service telephone number 932 922 963 or via e-mail at info@eugenomic.com.

 

9.2. Transportation costs

For purchases made within mainland the Iberian Peninsula (excluding Portugal) and the Balearic Islands, shipping is included for orders over €250.

For orders under €250, a shipping fee of €30 will be applied.

In case of shipments to the Canary Islands an additional charge of 60€ will be applied.

For shipments within the European Union an additional charge of 85€ will be applied.

In case of shipments outside the European Union and internationally, the interested party should contact Eugenomic S.L. to be informed of the additional shipping costs, which are calculated on the basis of the delivery address.

 

9.3. Method of payment

The Supplier offers the following ways to pay for an order:

Credit or debit card

- No discounts or charges will be applied.

The Supplier agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards.

The User warrants to the Supplier that he/she has all rights to use this form of payment when validating the order. The User acknowledges that, by filling in the appropriate fields, the payment information, he/she provides his/her full acceptance to make this payment to Eugenomic S.L., for the full amount due.

In case of disputes concerning the nature of the Provider's services or the User's use of the website, the information stored in the electronic payment device and in the framework of the automatic collection of information by Eugenomic, S.L., could be used as evidence between the two parties.

 

10. PURCHASING PROCESS

Any product from our catalog can be added to the cart. In the shopping cart, only the items, quantity, price and total amount will be displayed. Once the cart is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the shopping cart you can place an order by following the steps below for its correct formalization:

- Verification of invoicing data.

- Verification of the shipping address.

- Selection of the payment method.

- Place the order (buy).

Once the order has been processed, the system instantly sends an e-mail to the Supplier's management department and another to the User's e-mail confirming the completion of the order.

 

Important: One Order Per Person

Each order placed through our online store must correspond to a single individual or patient. Therefore, if genetic tests are required for more than one person, a separate purchase must be made for everyone.

This measure allows each test to be correctly linked to its owner, ensuring proper order management, shipment of sample collection kits, and accurate identification and processing of the samples received.

Placing an individual order for each person helps maintain full traceability throughout the process, minimizes potential errors, and ensures the highest standards of quality and security in sample and results management.

 

Kit sample collection

The sample collection kit is intended for adults. If you require a children's kit, please contact Eugenomic before making your purchase.

 

11. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of three years, according to the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

 

12. WARRANTIES AND RETURNS

The guarantee of the products offered will respond to the following articles 114 and subsequent articles of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Conformity of the products with the contract

The goods, digital content or services delivered or provided by the entrepreneur to the consumer or user shall be deemed to be in conformity with the contract when they meet the applicable subjective and objective requirements, provided that, where applicable, they have been correctly installed or integrated.

 

Subjective requirements:

a) That they conform to the description, type of good, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics established in the contract and indicated by Eugenomic S.L.

b) be fit for the specific purposes for which the consumer or user needs them and which the consumer or user has made known to Eugenomic S.L. at the latest at the time of conclusion of the contract, and for which the entrepreneur has expressed his acceptance.

c) Be delivered or supplied together with all accessories, instructions, including installation or integration instructions, and assistance to the consumer or user and as provided, if applicable, in the contract.

d) Be supplied with updates or be updated as provided in the contract and product characteristics.

 

Objective requirements:

a) Be fit for the purposes for which the goods or digital content are normally intended, taking into account, where applicable, any applicable standards, existing technical standards or, in the absence of such technical standards, any industry-specific code of conduct.

b) Where applicable, possess the quality and correspond to the description of the sample or model of the good or conform to the trial or preview version of the digital content or service that Eugenomic S.L. had made available to the consumer prior to the conclusion of the contract.

c) Where applicable, be delivered or supplied together with the accessories, in particular the packaging, and instructions that the consumer and user may reasonably expect to receive.

d) present the quantity and possess the qualities and other characteristics, in particular with regard to the durability of the good, the accessibility and continuity of the digital content or service and the functionality, compatibility and safety that the consumer or user can reasonably expect, given the nature of the goods and digital content or services of the same type and taking into account any public statements made by or on behalf of Eugenomic S.L. or by other persons upstream in the transaction chain, including the producer, especially in advertising or labeling. Eugenomic S.L. shall not be bound by such public statements, if it proves any of the following facts:

1st That he was unaware of and could not reasonably be expected to be aware of the statement in question.

2nd That, at the time of the conclusion of the contract, the public declaration had been corrected in the same or similar manner in which it had been made.

3rd That the public statement could not influence the decision to acquire the good or digital content or service.

 

Incorrect installation of goods

1. Lack of conformity resulting from improper installation of the good or improper integration of digital content or services shall be equated to lack of conformity, when any of the following conditions are met:

a) The incorrect installation or integration has been carried out by Eugenomic S.L. or under its responsibility and, in the case of a sale of goods, its installation is included in the contract.

b) The contract provides that the installation or integration is carried out by the consumer or user, has been carried out by the consumer or user and the incorrect installation or integration is due to deficiencies in the installation or integration instructions provided by Eugenomic S.L. as well as in the case of goods with digital elements.

2. There shall be no liability for lack of conformity which the User knows or could not have been unaware of at the time of conclusion of the contract or which originates from materials supplied by the User.

 

Supplier's liability and User's rights

Eugenomic S.L. shall be liable to the User for any lack of conformity that exists at the time of delivery of the product. The consumer shall inform Eugenomic S.L. by means of a simple declaration, and Eugenomic S.L. acknowledges the User's right to remedy the lack of conformity, to reduce the price and to terminate the contract.

In accordance with article 6 of the Civil Code, any prior waiver of the User's rights or acts performed in fraud shall be null and void.

 

Remedying of non-conformity of the products

If the product is not in conformity with the contract, the User may choose between repair or replacement, unless one of these options is impossible or disproportionate. As soon as the User informs Eugenomic S.L. of the chosen option, both parties shall abide by it. This decision of the User is without prejudice to the provisions of Article IV below for cases where the repair or replacement fails to bring the product into conformity with the contract.

 

Rules for repair or replacement of the product

Eugenomic S.L. may refuse to bring the goods or digital content or services into conformity when this proves impossible or involves disproportionate costs, taking into account all the circumstances, including but not limited to:

a) The value that the goods or digital content or services would have had if there had not been a lack of conformity.

b) The relevance of the lack of conformity.

 

The corrective measures for bringing into compliance shall conform to the following rules:

a) It will be free of charge for the USER.

b) This gratuity shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, in particular the costs of shipping, transport, labor or materials.

c) Will be carried out within a reasonable time after the consumer has informed Eugenomic S.L. and without major inconvenience to the user, taking into account the nature of the products and their purpose for the user.

d) When the repair or replacement of the good is necessary, the consumer or user shall place it at the disposal of the entrepreneur and the latter, where appropriate, shall recover the replaced good at his expense in the manner that generates the least inconvenience to the consumer or user depending on the type of good.

The consumer or user shall not be liable for any payment for the normal use of the replaced goods during the period prior to their replacement.

 

Price reduction and termination of the contract

The consumer or user may demand a proportionate reduction of the price or the termination of the contract, in any of the following cases:

a) In relation to goods and digital content or services, when the corrective measure consisting of bringing them into conformity is impossible or disproportionate in the sense established in point IV).

b) Eugenomic S.L., has not carried out the repair or replacement of the goods or has not done so in accordance with the provisions of paragraphs 5 and 6 of Article 118 of the Law for the Defense of Consumers and Users or has not done so within a reasonable period of time provided that the consumer or user has requested a reduction in price or termination of the contract.

c) The entrepreneur has not brought the digital content or services into conformity in accordance with the rules set forth in section 4 of article 118 of the Law for the Defense of Consumers and Users.

d) Any lack of conformity appears after the entrepreneur's attempt to bring the goods or digital content or services into conformity.

e) The non-conformity is of such gravity as to justify immediate reduction of the price or termination of the contract.

f) If Eugenomic S.L. has declared, or it is clear from the circumstances, that it will not bring the goods or digital content or services into conformity within a reasonable time or without major inconvenience to the consumer or user.

The price reduction shall be proportional to the difference between the value that the good or digital content or service would have had at the time of delivery or supply if it had been in accordance with the contract and the value that the good or digital content or service actually delivered or supplied has at the time of such delivery or supply.

The consumer or user will exercise the right to terminate the contract by means of an express declaration to Eugenomic S.L., indicating his or her will to terminate the contract.

The resolution will not proceed when the lack of conformity is of minor importance, except in cases where the consumer or user has provided personal data as consideration, with the burden of proof falling on Eugenomic SL.

Where the lack of conformity relates only to some of the goods delivered under the same contract and there are grounds for termination, the consumer or user may terminate the contract only in respect of those goods and, in respect of any of the other goods, may also terminate the contract if the consumer or user cannot reasonably be expected to agree to keep only the conforming goods.

The obligations of the parties in the event of termination of the contract of sale of goods shall be as follows:

a) Eugenomic S.L., will reimburse the consumer or user the price paid for the goods upon receipt of the goods or, if applicable, of proof provided by the consumer or user that the goods have been returned.

b) The consumer or user shall return the goods to the entrepreneur, at the latter's expense.

The obligations and rights of Eugenomic S.L., in the event of termination of the contract for the supply of digital content or services shall be as follows:

a) Refund to the consumer or user all amounts paid under the contract.

However, in cases where the contract provides for the supply of digital content or services against payment of a price and for a certain period of time, and the digital content or services have been compliant during a period prior to the termination of the contract, Eugenomic S.L. will refund to the consumer or user only the proportionate part of the price paid for the period of time during which the digital content or services were not compliant, as well as any part of the price paid by the consumer or user as payment on account of any remaining period of the contract in the event that the contract has not been terminated.

b) With regard to the personal data of the consumer or user, Eugenomic S.L., will comply with the applicable obligations under the general Data Protection Regulation (EU) 2016/679, as well as the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

c) Eugenomic S.L., will refrain from using any content, other than personal data, provided or created by the consumer or user when using the digital content or services provided by Eugenomic S.L., except when such content complies with any of the conditions set forth in Article 107.5 of the Law for the Defense of Consumers and Users.

d) Except in the situations referred to in Article 107.5 (a), (b) or (c), Eugenomic shall make available to the consumer or user, upon request, any content other than personal data that the consumer or user has provided or created when using the digital content or services provided by the entrepreneur.

e) The consumer or user shall have the right to retrieve the digital content created by using the digital content or services free of charge, without hindrance from Eugenomic S.L., within a reasonable time and in a commonly used and electronically readable format.

f) Eugenomic S.L. may prevent the consumer or user from any further use of the digital content or services, in particular by making it inaccessible to the consumer or user or by disabling the user account, without prejudice to letter d).

The obligations of the consumer or user in the event of termination of the contract for the supply of digital content or services shall be as follows:

a) Upon termination of the contract, the consumer or user shall refrain from using the digital content or services and from making them available to third parties.

b) Where the digital content has been supplied on a material medium, the consumer or user shall, at the request and expense of Eugenomic S.L., return the material medium to Eugenomic S.L. without undue delay. If Eugenomic S.L., decides to request the return of the tangible medium, such request shall be made within fourteen days from the date on which the entrepreneur has been informed of the consumer's or user's decision to terminate the contract.

c) The consumer or user may not be charged for any payment for any use made of the digital content or services during the period prior to the termination of the contract during which the digital content or services have not been in conformity.

 

Consent

The exercise by the consumer or user of his right to withdraw his consent or object to the processing of personal data will allow the entrepreneur to terminate the contract provided that the provision of digital content or services is continuous or consists of a series of individual acts and is pending execution in whole or in part. In no case shall the exercise of these rights by the consumer entail the payment of any penalty at the consumer's expense.

The price reduction and the termination of the contract will proceed, at the User's choice, when the User cannot demand the replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconvenience to the User. The termination shall not proceed when the lack of conformity is of minor importance.

 

Deadlines

1. Eugenomic S.L. is liable for any lack of conformity within a period of three years from delivery and in the case of digital content or services within a period of two years. In the case of second-hand products, Eugenomic S.L. and the User may agree on a shorter period, which may not be less than one year from delivery.
2. In the absence of proof to the contrary, it shall be presumed that any lack of conformity that becomes apparent within two years or one year for digital content or services upon delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

Unless there is evidence to the contrary, delivery or supply shall be deemed to have taken place on the day shown on the invoice or purchase receipt, or on the corresponding delivery note, whichever is later.

The User must inform Eugenomic, S.L. of the non-conformity within two months of becoming aware of it. In the absence of proof to the contrary, it will be understood that the User's communication has taken place within the established period.

3. The corrective measures to bring the good or digital content into conformity suspend the computation of the deadlines for the manifestation of the lack of conformity. The suspension period will begin at the moment the consumer or user makes the good or digital content or service available to Eugenomic S.L. and will end at the moment the good or digital content or service is delivered to the consumer or user.

During the year following the delivery of the good or the supply of the digital content or service already in conformity, Eugenomic S.L. shall be liable for the lack of conformity that motivated the conformity, being presumed to be the same lack of conformity when defects of the same origin as those initially manifested are reproduced.

The action to claim compliance with the provisions of Chapter II of this Title shall be barred after five years from the manifestation of the lack of conformity.

 

Action against the producer

In general, and without prejudice to the cessation of the producer's liability, for the purposes of this title, under the same terms and conditions as those established for Eugenomic S.L., the producer shall be liable for the lack of conformity when this refers to the origin, identity or suitability of the goods or of the digital content or services, in accordance with their nature and purpose and with the rules that regulate them.

Producer means the manufacturer of a product or the importer thereof in the territory of the European Union, or any person who presents himself as such by indicating on the product his name, trademark or other distinctive sign.

 

13. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. The Supplier and the User agree to submit to the courts and tribunals any dispute that may arise from the provision of the products or services covered by these Conditions.

In the event that the USER is domiciled outside Spain, the Provider and the User expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the town of Barcelona (Spain).

 

14. ADVERTISING

Eugenomic S.L. may, under certain circumstances, use for advertising, printed commercial documentation resulting from specialized publications or trade fairs. Eugenomic S.L. may use the name of the Customer/Pupil and/or his/her opinion for advertising purposes, but this can only be validated with the express permission of the customer.

 

15. INTELLECTUAL PROPERTY

The User is not permitted in any way to transfer, change or exchange the license rights and obligations under this contract, except that the form and content may be altered under the condition that the changes are pre-agreed in writing from Eugenomic, S.L. However, any transfer of ownership from Eugenomic S.L. to the User is expressly excluded in this contract - or terms and conditions of sale -.

 

16. PRIVACY POLICY (PROTECTION OF PERSONAL DATA)

Eugenomic S.L. is the Controller of the processing of the Customer's/Pupil's personal data and informs that these data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), for which the following processing information is provided:

 

End of treatment

Provision of information on products and services for purchase through the platform www.adnsalud.com.

 

Data processing

In addition to the data collected in the registration form, the system may record other data that will provide the User with important tools to offer a quality service, such as login data, connection time of users, etc.

Eugenomic, S.L. uses a secure payment system to protect the User's payment information and guarantees that it never collects or accesses payment information.

 

Planned processing operations

Sending important notices, such as communications about purchases and changes to the terms, conditions and policies of Eugenomic, S.L. Because this information is essential to your interaction with Eugenomic, S.L., you may not opt out of receiving these communications.

Sending commercial communications related to new products, commercial actions and news by email, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that enable commercial communications.

To process orders, requests or any type of request made by the User through any of the contact forms made available to him/her.

Conduct statistical studies.

To forward the newsletter of the web page.

Data retention criteria

They will be kept for as long as there is a mutual interest in maintaining the purpose of the processing and when no longer necessary for that purpose, they will be deleted with appropriate security measures to ensure the pseudonymization of the data or the total destruction of the data.

 

Data communication

Personal data will not be disclosed to third parties as recipients, except as required by law, legal process, litigation and/or requests from public and governmental authorities within or outside your country of residence, national security or other matters of public importance.

 

Rights of the User

The right to withdraw consent at any time without affecting the lawfulness of the processing carried out up to this point.

Right of access, rectification and deletion of your data and to limit or oppose its processing.

The right to file a complaint with the supervisory authority (www.aepd.es) if you believe that the processing does not comply with the regulations in force.

 

Contact information to exercise your rights

Postal address: Eugenomic. Calle Londres, 6 despacho 2 - 08029 Barcelona

E-mail address: info@eugenomic.com

Mandatory or optional nature of the information provided by the Client/Pupil

The User guarantees that the personal data provided to Eugenomic, S.L. is truthful and is responsible for communicating any changes to it. In the event that not all data is provided, there is no guarantee that the information and services provided will be completely tailored to your needs.

 

Safety measures

That in accordance with the provisions of the current regulations on personal data protection, Eugenomic, S.L. is complying with all the provisions of the GDPR regulations for the processing of personal data under its responsibility, and manifestly with the principles described in Article 5 of the GDPR, whereby they are processed lawfully, fairly and transparently in relation to the User and are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

Eugenomic, S.L. guarantees that it has implemented appropriate technical and organizational policies to apply the security measures established by the GDPR in order to protect the rights and freedoms of the Users and has communicated the appropriate information to them so that they can exercise them.

Eugenomic, S.L. uses current standard technology to maintain the confidentiality and protect Client/Pupil personal information and has taken appropriate precautions to safeguard the information against loss, theft and misuse, as well as against unauthorized access and disclosure.

Eugenomic, S.L. is subject to periodic security evaluations in order to improve its security. However, it cannot guarantee that Customer/Pupil information will be kept safe from unauthorized access. As a result, Eugenomic shall not be liable, or legally responsible, for any loss of privacy, disclosure of information, damage or harm that may result from such intrusion.

 

Privacy Policy Updates

The Provider may update its Privacy Policy from time to time. When the Provider changes its privacy policy significantly a notice will be posted on the website, along with its update.

 

17. DISOCIATION

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

 

18. SUSPENSION OR TERMINATION OF THE CONTRACT

The Provider may without prior notice suspend or terminate Users' access to its services and products, in whole or in part, for any valid reason, including, without limitation, where:

The User fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policy.

 

LEGAL NOTICE

In compliance with the provisions of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, we hereby inform you that the service provider and the owner of this website with URL "https://www.adnsalud.com/" is the company EUGENOMIC, S.L., hereinafter EUGENOMIC, with registered office at C/ Londres 6, 08029, Barcelona, Spain, with tax identification number B63050470, registered in the Mercantile Registry of Barcelona, in Volume 35255, Folio 79, Page B261194.

EUGENOMIC makes available to you the following terms and conditions of use of this website.

2.- These general terms and conditions regulate access to and use of the website https://www.adnsalud.com/ hereinafter "the Website", as well as other means of communication with EUGENOMIC, which it makes available to Internet users free of charge. Access to the same implies your unreserved acceptance of all the aspects and stipulations established in these terms and conditions. The use of certain services offered on this website shall also be governed by the specific conditions provided in each case, which shall be understood to be accepted by the mere use of such services.

The user is the person who accesses, navigates and uses the Web, as well as the services it contains, including registration.

The access and navigation through the Web is free, however, some of the services and places of the Web are of private access, only for registered users.

4.- All users are authorized to view, print and partially download the Web only and exclusively if the following conditions are met:

4.1. That it is compatible with the purposes of the Web.

4.2. That it is done with the sole purpose of obtaining the information contained therein for personal and private use. Its use for commercial purposes or for its distribution, public communication, transformation and decompilation is expressly prohibited.

4.3. That none of the contents related to the Web are modified in any way.

4.4. That no graphic, icon or image available on the Web is used, copied or distributed separately from the text or other images that accompany it.

EUGENOMIC reserves the right to make, at any time and without prior notice, modifications and updates to the information contained on the Website, to the configuration and presentation thereof and to the conditions of access.

6.- Users must use the Web and all its services diligently, in a lawful manner, in accordance with current legislation, and respecting the present Conditions or the modifications of the same, regulations of use and instructions made known to the users, as well as with logic, morality and generally accepted good customs; and public order.

Therefore, users must refrain from carrying out any type of activity that is illicit or harmful to the rights and interests of third parties, or that in any way may disrupt, overload, damage, disable, impede, etc., the normal use of the Web and its services or upload, write, link, etc., any content, links, etc., that violate the laws in force, public order, contain viruses or malware, cause damage to third parties and to the website itself, etc.

The user shall be liable for any damages caused to EUGENOMIC or third parties as a result of unlawful practices on the Website.

EUGENOMIC does not guarantee that there will be no interruptions or errors in access to the Website or its content, nor that it is up to date. EUGENOMIC shall carry out, provided that there are no causes that make it impossible or difficult to carry out, and as soon as it becomes aware of the errors, disconnections or lack of updating of the content, all those tasks aimed at rectifying the errors, re-establishing communication and updating the content.

8.- Both access to the Website and any unconsented use that may be made of the information contained therein is the sole responsibility of the person accessing it. EUGENOMIC shall not be liable for any security errors that may occur or for any damage that may be caused to the user's computer system (hardware and software), or to the files or documents stored therein, as a result of: (i) the presence of a virus in the user's computer used to connect to the services and contents of the Website; (ii) a malfunction of the browser; (iii) the use of non-updated versions of the same.

Likewise, the user shall be responsible for maintaining the confidentiality of his or her passwords.

The user shall be liable for the inaccuracy of the data provided through the web services that may be required, as well as for the data of third parties provided, and shall be liable in the event that their actions cause damages to EUGENOMIC.

EUGENOMIC accepts no liability whatsoever for the contents linked to from the Website, provided that they are unrelated to the same, nor does it guarantee the absence of viruses or other elements in the same that may cause alterations to the user's computer system (hardware and software), documents or files, excluding any liability for damages of any kind caused to the user for this reason. In the event that any user or third party considers that the content or services provided by the linked pages are unlawful or injure property or rights of the user or a third party liable for compensation, and in particular, consist of:

9.1. Activities or contents susceptible of being considered criminal under Spanish criminal law.

9.2. Activities or contents that violate intellectual or industrial property rights.

9.3. Activities or contents that endanger public order, criminal investigation, public safety and national defense.

9.4. Activities or content that endanger the protection of public health, respect for the dignity of the person and the principle of non-discrimination, and the protection of health and children.

10.- The intellectual property rights of this website, its source code, design, navigation structure, databases and the different elements contained therein are owned by EUGENOMIC, which has the exclusive exercise of the rights to exploit the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.

11.- The unauthorized use of the information contained on the Website, its resale, as well as any breach of the intellectual or industrial property rights of EUGENOMIC shall give rise to the legally established liabilities.

12.- With regard to quotations of third-party products and services, EUGENOMIC acknowledges the corresponding industrial and intellectual property rights in favor of their owners, and their mere mention or appearance on the Website does not imply the existence of any rights or liability of EUGENOMIC in relation to the same, nor any endorsement, sponsorship or recommendation on the part of EUGENOMIC, unless expressly stated.

All third party links to the Web must be to its home page, being expressly forbidden the "deep links", the "framing" and any other use of the contents of the Web, in favor of unauthorized third parties.

EUGENOMIC and the user, expressly waiving any other jurisdiction, submit to the courts and tribunals of the domicile of the user for any other dispute that may arise from access to or use of the Website. In the event that the user is domiciled outside Spain, EUGENOMIC and the user shall submit to the courts and tribunals of the city of Barcelona, expressly waiving their right to any other jurisdiction.