1. Purpose of the Site and Platform
ADNTRO offers the User the services of genotyping as well as complete genome sequencing (together referred to as the "Service(s)"). The provision of the Services includes the performance of a DNA test through the sending of a saliva sample, (hereinafter the "DNA Sample"). After the laboratory intervention, the User will be able to access the results through the Platform (hereinafter referred to as "DNA Sample").DNA results"). These DNA Results will be included in the corresponding report (hereinafter "Report") which will indicate, depending on the Services purchased, information on Ancestry, Nutrition and Sport, Behavior and appearance, as well as pharmacogenetics and Health. Alternatively the User can upload his Raw file by following the steps indicated at https://adntro.com/es/subir-fichero-adn/.
2. Place an order
The User may purchase different packs of services (hereinafter "Pack/s) as set forth in the Website.
The User may select the Pack of his preference and purchase it directly through the Platform, check the details of the order, select the quantity, apply the available discounts or make the necessary modifications and corrections, as well as confirm the contact details, delivery and billing address, select the shipping method and payment method.
Once payment has been made, the User will receive a confirmation of the order by e-mail.
All orders placed by the User via the Platform are subject to prior confirmation by ADNTROand may be rejected, among other reasons, for lack of availability, geographical limitations of the place of delivery indicated by the User on the Site or payment error ADNTRO will confirm receipt of the order request by e-mail to the User with details of the order and, where appropriate, instructions for payment as detailed in these terms. Any circumstance whereby ADNTRO cannot confirm the User's order will be notified through the Site or by e-mail communication.
3. Customer Subscriptions
The User will be able to select the Pack of his preference. The specifications of each Pack may be consulted by the User through the Site without the need to register on the Site. https://adntro.com/es/kit-adn/ as well as in https://adntro.com/es/whole-genome-sequencing/ .
ADNTRO reserves the right to modify the characteristics of the different Packs and Services offered without prior notice. In any case such modifications will be informed through the Site. The modifications will not affect the rights acquired by the Users.
Subscription upgrades are subject to a 12-month commitment and require the payment of a fee specified on the website. Upgrades are made by the Customer through his or her user.
4. DNA sample
After the purchase, the User or the third party determined by the User will receive the corresponding kit (hereinafter "Kit") to proceed with the DNA Sample collection according to the specifications available in the Kit, which can be consulted at https://app.adntro.com/activation.
5. Registered User DNA Sample Holder
a) User Registration
In order to acquire the status of "Registered User" and the subsequent activation of the Kit, the DNA Sample holder must follow the steps indicated at https://app.adntro.com/activation.
Only natural persons over 18 years of age, with full legal capacity in accordance with the applicable legislation, may register as Registered Users.
The Registered User guarantees:
- he/she is the owner of the DNA Sample and that he/she is not acting on behalf of any third party including, but not limited to, insurance companies, companies directly or indirectly related to the health sector or any other type of company or individual who may have an interest in obtaining information about a policyholder, employee, manager or any other person.
- he/she does not reside in a territory where ADNTRO services are prohibited. France is one of the prohibited territories.
It is the sole responsibility of the Registered User to ensure the confidentiality of their access password and security of their account, and must communicate to ADNTRO any suspicion of loss, theft or compromise of the security of their account or access password. The Registered User shall be solely responsible for all access and use of the Platform that is made from your user account by any person using your account, regardless of whether access and use of your account is authorized by the Registered User. The User account is personal, unique and non-transferable, in case of detecting multiple accounts with matching data, you may cancel, suspend or disable them.
With the purchase of any of the Packs, the Registered User will have one year of updates and access to a number of articles and documentation on genetic material (hereinafter "ADNTRO Content").
7. Prices and payment
The prices applicable to the Packs, delivery services thereof and each of the products available, including discounts established at any time, will be those specified on the Site and the Platform at any time, including applicable taxes. These prices and discounts may be modified at any time by ADNTRO,prices paid by the User are non-refundable.
The Platform allows the User to pay for purchases and subscriptions through Paypal or card payment through the Stripe service. ADNTRO will provide the User with all the instructions and data necessary to make payments. ADNTRO reserves the right to change the available payment methods and payment gateway providers without prior notice to the User.
ADNTRO delivers orders through third-party shipping services that the User will note during the purchase process, indicating the price applicable in each case for delivery services that will be detailed on the Platform at all times.
ADNTRO makes every reasonable effort to ensure delivery of the Kit within a period of two to five days, making available to the user the identification data for tracking the shipment.
9. Promotions and discounts
ADNTRO may offer, at its sole discretion, product discounts, subscriptions and rewards to the User, promotional codes subject to particular conditions or other offers as indicated on the Site or the Platform or forwarded to the User by email in each case. The availability of any such offers shall be at the sole discretion of ADNTRO.
10. Right of withdrawal
In accordance with paragraphs d) and e) of article 103 LGDCU, the right of withdrawal shall not apply to those perishable products that are likely to deteriorate or expire quickly, understood as those that, having been delivered in optimal conditions for consumption, could not be subsequently consumed by the nature of the products, by presenting a near expiration date, or those refrigerated products or those that, due to their ideal conditions of conservation, are not suitable for consumption after their return in the exercise of the right of withdrawal, as well as for those sealed products that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
In turn, paragraph a) of Article 103 LGDCU stipulates that it shall not apply in the case of provision of services, once the service has been fully performed, and if the contract imposes on the consumer or user an obligation to pay, when performance has begun, with the prior express consent of the consumer or user and with the knowledge on his part that, once the entrepreneur has fully performed the contract, he will have lost his right of withdrawal.
Notwithstanding the foregoing, in relation to unopened and/or unsealed Kits, the User may exercise his/her right of withdrawal within 14 days from the date of receipt of the Kit, the User being fully responsible for the shipping costs involved in returning the product.
The User will have 14 days to return the product after the communication of the withdrawal.
If the requirements for the right of withdrawal are met, ADNTRO will proceed to refund the cost of the Kit, excluding shipping costs paid by the customer in a timely manner or those to be paid for the return of the Kit, as well as customs duties or import taxes that the User may have paid. The amounts to be refunded will be made to the credit card used to make the purchase and at the exchange rate of the day of the return, in the event of payment in a currency other than EURO (€).
In turn ADNTRO may withhold the refund until the actual receipt of the Kit withdrawn, in order to verify its proper condition to proceed with the refund and, where appropriate, deduct from the refund the amounts due in case of tampering or deterioration of the Kit due to fault attributable to the User.
11. Laboratory processing failure
In the event that the laboratory is unable to process the DNA Sample contained in the User's Kit and the laboratory process results in errors, ADNTRO will send a new kit at no additional cost so that you can provide us with a new DNA sample.
The Kit will be shipped to the address the User indicated at the time of purchase. Even in the case of processes that meet our high standards, a small, unknown fraction of the data generated during the laboratory process ("Laboratory Errors") may be non-interpretable or incorrect. Since this possibility is known in advance, Users are not entitled to refunds if these laboratory errors occur.
12. Responsibilities on the Site and Platform
ADNTRO is the company that manages the Site, the Platform and the order processes, preparation of orders, making available to the Users the use of the Site and the Platform and access to the products offered through it, being ADNTRO the only responsible before the User for the description, sale of the products and provision of the Services.
The responsibility for the delivery of the Kits made through the Platform will be the responsibility of the transport company selected in the purchase process. Notwithstanding the foregoing ADNTRO will collaborate with the User for the resolution of any possible incidents that may occur during the delivery of the Kits.
However, both ADNTROis not responsible for any statements or errors made by the User in connection with the proper use of the Site and the Platform, such as the indication of the wrong delivery address, wrong selection of products or insufficient legal capacity of the User to purchase certain products, among other things, which are the responsibility or depend directly on the User.
Although ADNTRO makes every effort to comply with the delivery commitment, from two to five days, such period shall be indicative and in no case shall it binding for ADNTRO. ADNTRO shall not be liable for delays caused by causes beyond its control.
Likewise, the Site and the Platform are made available to the User in its current state of development to facilitate access to products, the placement and delivery of User orders or other functionalities available at any given time appropriate to the services offered at any given time.
The information offered on the characteristics of the Services through the Portal is established and provided by ADNTRO and its suppliers. ADNTRO manages the provision of the above information to the User.
ADNTRO does not guarantee the full availability of the Site and the Platform, its uninterrupted operation or absence of errors, as their access depends on circumstances beyond its control, such as the availability or operation of the User's device from which access to the Site and the Platform or communications networks used for access and connections. Therefore, to the extent permitted by the mandatory rules, ADNTRO shall in no event be liable for damages of any nature, direct or indirect, material or moral, which may arise from access and use of the Site and the Platform, in particular, in a non-exhaustive list lack of availability, accessibility, compatibility with mobile devices or third party software and operation of the Site and the Platform, loss of data by possible unlawful uses and/or acts contrary to what is authorized by the User under these Terms and Conditions or force majeure.
13. Express Reservations of Liability
THE DIRECT TO CONSUMER GENETIC TESTS marketed by ADNTRO, in their predictive version of diseases, belong to the category of "Predictive-Multifactorial Genetic Analysis" of Type II according to the regulations of the "Convention on Human Rights and Biomedicine" and have a purely informative purpose.
This means that many of the genetic discoveries we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing.
ADNTRO DOES NOT ENDORSE OR GUARANTEE THE EFFICACY OF ANY SPECIFIC COURSE OF ACTION, RESOURCES, TESTS, DRUGS, BIOLOGICS, MEDICAL DEVICES OR OTHER PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON OUR SITE OR PLATFORM.
Any recommendations provided by ADNTRO on the Site or Platform will be based on scientific or academic literature and intended for informational purposes only, so if the User, based on their genetic information, feels identified with it, they should consult with their physician or other health care provider.
As explained on the Site, ADNTRO reports that (a) genetics is only one part of any individual's state of being, (b) the state of understanding of Genetic Information is rapidly evolving and at any given time we only understand part of the role of genetics, and (c) only a trained physician or other health care provider can evaluate your current state of health or illness, taking into account many factors, including in some cases your genetics, as well as your current symptoms, if any. Your reliance on any information provided by ADNTRO as well as links to other websites, blog articles or other information provided, is at your own risk and your use of it is at your sole and exclusive responsibility.
14. Intellectual and industrial property rights
The intellectual and industrial property rights incorporated in the Site and the Platform, the graphic design and computer codes, as well as the distinctive signs and trademarks, the text, images, videos shown are the property of ADNTRO,or its licensors. All rights in relation to such content are reserved and express permission must be requested for use and exploitation to ADNTRO.
Any use of the content for which ADNTRO has not expressly authorized, whether directly or indirectly for profit or not, including downloading, scraping techniques, data mining, storage,transmission, public disclosure, distribution, reproduction or transformation, in whole or in part, of such content is expressly prohibited, so ADNTRO may exercise all judicial and extrajudicial actions it deems appropriate to any breach of their rights.
15. User Restrictions
User agrees not to use the Site and Platform for any purpose prohibited by these Terms and Conditions or applicable law. The User will not take (or permit any third party to take) any action or make available any content on or through the Site and Platform that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another person's privacy, obscene or offensive; (ii) constitutes unauthorized or unsolicited advertising, junk or bulk mail; (iii) involves commercial activities and/or sales without the prior written consent of ADNTRO, such as contests, sweepstakes or barter; or (v) impersonates any person or entity, including any user other than the User, as well as any employee or representative of ADNTRO.
16. Links to third parties
The Site and Platform may contain links to services, websites, applications, advertisements or similar content for which third parties are responsible. When the User clicks on such links and leaves the Site and Platform, ADNTRO does not control and is not responsible for third party content accessed by the User. ADNTRO does not review, approve or monitor such third party content, products or services accessible through such links. Use of all third party links by the User is at the User's own risk.
ADNTRO may communicate with the User through notifications on the Platform or the User account, or email, subject to the User's prior consent where legally required. These communications may be sent or initiated by ADNTRO or any of its service providers, including carriers, when necessary for proper authentication of the User on the Platform and validation of the user's account, security of passwords and devices detected in accessing the user account, communications to confirm, process and notify the User about the status of an order, provide the User with a receipt or invoice, notify Offers or other suggestions for purchase of certain products, customer support services or for any other customer service related to the use of the Portal, the user account or for marketing purposes.
To stop receiving notifications, the User may manage his or her consents and preferences by sending a request to ADNTRO with the User's request to [email protected] or through the mechanisms provided for this purpose in each communication. The User agrees that ADNTRO send a message to confirm that the request to unsubscribe from commercial communications has been received and answered.
The User acknowledges and agrees that telephone calls between the User and the personnel in charge of ADNTRO may be recorded and/or monitored for quality assurance, security, legal liabilities or other business purposes.
Notwithstanding the above, the European Commission offers a freely accessible platform for out-of-court online dispute resolution (http://ec.europa.eu/consumers/odr/) to which the parties may voluntarily submit through the intervention of the Dispute Resolution Body, which acts as an impartial intermediary between the two parties.
- Link to electronic claim form:
- Link to search tool for dispute resolution agencies: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
ADNTRO may modify these Terms and Conditions, the Legal Texts and/or any other text of a contractual nature applicable to this Site and/or Platform without prior notice. Such modifications shall enter into force at the time of their publication on the Site and/or the Platform.
Jurisdiction and Applicable Law
Since the Site, the Platform and the services included are intended to be used and offered in Spain, to the extent permitted by mandatory regulations, the applicable law shall be Spanish common law.
The competent courts shall be those corresponding to the city of the User's domicile as a consumer. The foregoing shall be without prejudice to the judicial competence established by virtue of the mandatory rule, of the extrajudicial procedures to which the parties voluntarily submit and of the provisions of the previous section on Claims.
Last version: 03.02.2023