The Regulations concerning online sales of genetic tests

§ 1. General information

  1. These Regulations specify the principles of the provision of services in relation to the performance of genetic tests by Invicta Sp. z o.o with its registered seat in Gdańsk via the web page operating under the address www.topgenetics.pl.
  2. The administrator of this Website is INVICTA Sp. z o.o. with its registered office in Gdańsk (80-172) under the address: ul. Trzy Lipy 3, entered in the Register of Entrepreneurs kept by the District Court for Northern Gdańsk in Gdańsk, 7th Commercial Division of the National Court Register, under KRS number 0000126605, with fully paid share capital of PLN 150,600.00, Tax Id. No.: 5851391084, REGON (Statistical No.): 192766523.
  3. This document (hereinafter referred as “the Regulations”) specifies the principles of:
    a. the provision of services by the Administrator using electronic means and constitutes the Regulations of the provision of services by electronic means, in compliance with the Act of 18 July 2002 on the Provision of Services by Electronic Means (a uniform text: Polish Journal of Laws Dz.U.2013.1422);
    b. conducting distance sales by the Administrator, as defined by the Act on Consumer Rights dated May 30th, 2014 (Polish Journal of Laws 2014.827);
    d. processing of personal data by the Administrator in compliance with he Act of August 29th, 1997 on Personal Data Protection (a uniform text: Polish Journal of Laws 2014.1182);
  4. Each User shall get acquainted with the contents of the Regulations before using the Website. When using the Website in any manner, the User represents and confirms that he has become acquainted with the contents of the Regulations, accepts their provisions and shall comply with them.

§ 2. Definitions

  1. INVICTA – the company INVICTA sp. z o.o. with its registered seat in Gdańsk, the Website owner;
  2. Website- an organised online platform consisting of web pages and other online tools, available via the Internet under the address www.topgenetics.pl;
  3. User- any natural person using the Website and the services provided via this Website;
  4. Test- an individual genetic Test performed against payment, selected from the list placed on the web page www.topgenetics.pl and in the form available under such address;
  5. Ordering Party- an adult natural person who has full capacity for legal actions, a legal person or an organizational unit without a legal personality, to which the Act has granted legal capacity that has placed an order in a manner specified in § 4 (1) of the Regulations.
  6. Customer- a natural person who has sent a sample for genetic testing; in a situation when biological material comes from a natural person without full legal capacity, the consent of his or her statutory representative is required;
  7. Collection kit- the kit together with the usage instructions that serves for the independent collection of a testing sample or (in the case of certain tests, if indicated in the usage instructions) for the collection of the material sample in a medical centre by authorised and qualified medical personnel.
  8. Form – the order form made available on the web page under the address www.topgenetics.pl
  9. Personal Data Form – the form sent by INVICTA, which is filled in and signed by the Customer. If the Customer is a person without full legal capacity, the form shall be filled in and signed by his or her statutory representative;
  10. Working Days- days from Monday to Friday, except for bank holidays, in compliance with the Bank Holidays Act dated January 18th, 1951 (a uniform text: Polish Journal of Laws 2015.90)
  11. Consent to testing- an informed consent of the Customer to perform the test, included in the referral note.
  12. Referral note- a document attached to the kit, containing the ordered tests and the declaration of informed consent to genetic tests;
  13. Consent to testing- an informed consent of the Customer to perform the indicated tests, included in the referral note.

§ 3. Provision of services by electronic means

  1. The Administrator offers to the Users the possibility of using the following services provided by electronic means:
    a. getting acquainted with the materials prepared and made available by the Administrator on the web page www.topgenetics.pl;
    b. ordering the genetic testing service offered by INVICTA via the Website in compliance with the principles specified in § 4 of the Regulations.
  2. The services specified in section 1 can be used by the User free of charge, provided that genetic tests are performed against payment in compliance with the principles specified in § 4 of the Regulations.
  3. In order to use Website Services, the User shall dispose of a device with Internet access and an Internet browser which enables web page display.
  4. The User cannot place on the Website any contents which are not related to its purposes, in particular contents contrary to law, morality and principles of social coexistence as well as the contents of advertising character.
  5. The Administrator reserves the right to make technical breaks in Website availability.

§ 4. The rules concerning distance sales

  1. The conclusion of the genetic tests performance agreement shall take place by means of filling in the form made available on the web page www.topgenetics.pl;
  2. The Ordering Party shall have the right to withdraw the order until the moment of sending the collection kit together with the Personal Data form in compliance with section 8 by sending an appropriate statement to the e-mail address genetyka@invicta.pl from the address specified by it in the order form. INVICTA shall confirm the reception of the statement immediately after it has been received, however not later than within 1 working day.
  3. It is necessary to provide the data consistent with the truth in the form and in the Personal Data Form. The person who filled in the form shall be fully responsible for the truthfulness of the data entered into the form.
  4. INVICTA shall each time confirm the fact of agreement conclusion by sending an e-mail to the e-mail address specified in the form.
  5. The Ordering Party after filling in the form shall indicate the manner of payment ans shall settle it in compliance with § 5.
  6. After placing the order and complying with the requirements specified in § 5, INVICTA shall send the collection kit specified in the form together with the Personal Data Form and the referral note within 3 working days.
  7. The Customer or authorised and qualified medical personnel (in the case of certain tests, if indicated in the usage instructions) shall collect the sample in compliance with the instructions attached to the collection kit. Then he shall send the information by e-mail to the Administrator to the address genetyka@invicta.pl, concerning the possibility of sample reception by courier. The costs of shipment of the collection kit shall be borne by the Administrator.
  8. INVICTA shall make available test results to the Customer in compliance with the time limits specified on the web page under the address www.topgenetics.pl
  9. The Customer shall receive the test results via the web page www.mediapoint.pl without the need to log into the system.
  10. The Customer shall also have the possibility to download the test results in a pdf form to his device. The test is not signed with an electronic signature.
  11. In the case of any problems with logging in to test results or downloading the file with test results, the Customer can notify the problem by sending a message to the e-mail address genetyka@invicta.pl.
  12. INVICTA offers the possibility of consultation of results with a specialist upon additional payment. A visit should be booked in the nearest INVICTA centre with the view to obtaining consultation.
  13. In case of any questions related to the genetic test order, the Ordering Party or the Customer can contact INVICTA by sending an e-mail to the e-mail address genetyka@invicta.pl.

§ 5. Payment

  1. The final payment amount shall be given in each case:
    a. after filling in the form and the selection of the form of payment;
    b. in e-mail containing the conformation of form reception.
  2. The payments for genetic tests can be made by bank transfer to the bank account 90 1140 1065 0000 2221 4100 1001 kept by mBank. Data for the transfer INVICTA spółka z o.o., ul. Trzy Lipy 3, 80 – 172 Gdańsk, the transfer title shall include the name and the surname of the Customer as well as the order number received upon its placement.
  3. The payment shall be made directly upon placing the order. If no payment is made directly after placing the order, it is considered that the Ordering Party has withdrawn from the agreement.
  4. The settlements of transactions made using a credit card and e-transfer are made via Dotpay.pl

§ 6. Personal data

  1. INVICTA represents that the personal data of Customers are processed in compliance with the Personal Data Protection Act dated January 29th, 1997 (a uniform text: Polish Journal of Laws 2014.1182, hereinafter referred to as “the PDPA”) and that it applies technical and organizational means ensuring the protection of processed data which is adequate for the existing threats and the categories of data subject to the protection, and especially that it protects the personal data of the Customers against their disclosure to unauthorised persons, their collection by unauthorised persons, and their processing which infringes the provision of the Personal Data Protection Act, as well as against their loss, damage or destruction.
  2. In compliance with article 24 (1) of the PDPA INVICTA represents that the data shall be used only for the purpose of realization of the placed order and they shall not be disclosed to any third persons. The Customer shall have the right to consult and amend his data, he may also demand the termination of their processing. Data submission by the Customer is voluntary, however in a situation when INVICTA does not obtain access to data defined as obligatory, it shall have the right to withdraw from the agreement, of which it shall immediately inform the Customer.
  3. Personal data processing is allowed in compliance with the rules specified in articles 23 and 27 of the PDPA.

§ 7. The right to withdraw from the agreement

  1. The Ordering Party shall have the right to withdraw from the agreement concerning the performance of genetic tests without specifying any reason within 14 days from the delivery of the collection kit together with the Personal Data Form. The statement on withdrawal from the agreement shall be delivered to the e-mail address genetyka@invicta.pl. The statement on the withdrawal from agreement to be sent in an electronic form shall be sent from the e-mail address specified in the order, otherwise it shall remain null and void. After receiving the withdrawal from agreement, the Administrator shall immediately confirm the fact of its reception.
  2. The right to withdraw from agreement shall not apply if the collection kit has been tampered with.
  3. The Ordering Party shall pay for the cost of transport of the collection kit to the Administrator.
  4. The statement on withdrawal from the agreement constitutes Appendix No. 1 hereto.
  5. If a statement on the withdrawal from the agreement has been submitted, it shall be considered that the agreement has not been concluded.
  6. If the Ordering Party submits a statement of withdrawal from the agreement, INVICTA shall return any payments made by him within 14 days from the reception of the previously sent collection kit at its address or the reception of the statement of withdrawal from the agreement if the kit has not been sent yet.
  7. The payment made by the Ordering Party shall be reduced by the amount specified in section 9.
  8. The Ordering Party shall immediately return the collection kit, however not later than within 14 days from the date of withdrawal from the agreement. In order to comply with the above time limit it is sufficient to send back the kit to the address ul. Trzy Lipy 3, 80- 172 Gdańsk before the 14th day has passed.
  9. The Ordering Party shall be responsible for the decrease of value of the collection kit, especially the one resulting from the tampering with (opening of) the kit. If it has been determined that the collection kit has been tampered with, the Administrator shall reduce the payment to be returned in compliance with section 6 by the price of the set in the amount of 100 PLN.
  10. INVICTA shall have the right to withdraw from the agreement, if there is no possibility of correct identification of a patient or a sample, in the case of lack of sample stability due to transport or the collection of biological material into the incorrect container/ tube or the collection of inappropriate volume of the biological material. INVICTA shall send the statement on the withdrawal from the agreement to the Customer by e-mail.

§ 8. Complaint

  1. If the collection kit sent to the Customer is unfit for use, the Customer shall immediately notify of this fact by sending information to the e-mail address genetyka@invicta.pl/ The notification shall include the reason for the complaint, the specification of data of the Ordering Party and the order number.
  2. The Ordering Party or the Customer shall send back the collection kit being the object of complaint to INVICTA within 14 days from its reception to the following address: ul. Trzy Lipy 3, 80 – 172 Gdańsk. A copy of order confirmation shall be attached to the kit.
  3. INVICTA shall handle the complaint within 14 days of the day of its receipt. A reply to the complaints shall be sent to the address specified by the Ordering Party or the Customer. If no address has beens specified, a reply to the complaint shall be sent to the address specified in the order form.
  4. If the complaint is accepted, the Ordering Party shall receive a new collection kit. If physical defects are not discovered in the sent kit, it shall be sent back to the Ordering Party in an unchanged condition.
  5. If sending a new collection kit is not possible, INVICTA shall return to the Ordering Party the amount equal to the price of the purchased service, which shall take into account the collection kit price.
  6. The Ordering Party shall bear the costs of shipment of the collection kit in a situation described in section 1, if the kit complained against does not contain any physical defects.

§ 9. Final provisions

  1. INVICTA shall not be liable for the results of inappropriate use of the sample collection kit which does not comply with the instructions.
  2. INVICTA reserves the right to amend the Regulations. Any amendments to the Regulations shall be binding as at the day on which they have been announced, unless it has been decided otherwise.
  3. Any matters not regulated hereby shall be governed by appropriate provisions of the Civil Code, the Act on Consumer Rights dated May 30th, 2014 (Polish Journal of Laws 2014.827), the Personal Data Protection Act dated August 29th, 1997 (a uniform text: Polish Journal of Laws 2014.1182) and the Act on the Provision of Services using Electronic Means dated July 18th, 2002 (a uniform text: Polish Journal of Laws 2013.1422)
  4. Any disputes arising in relation to the performance hereof shall be resolved by general courts of law having jurisdiction over the seat of INVICTA.

 

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