General Terms and Conditions www.dna-test.co.uk
These General Terms and Conditions www.dna-test.co.uk consist of the following general terms and conditions (under I. General Terms and Conditions) and the subsequent additional terms and conditions (under II. Additional Terms and Conditions).
I. Terms and Conditions
Index:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day; Working day: all days except Saturdays, Sundays and Dutch national holidays;
4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to waive the distance contract within the reflection period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: an agreement in which, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication on distance;
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.
Article 2 – Identity of the entrepreneur
Swanfort Services SA
Rue de Lausanne 81
1202 Genève
Zwitserland
E-mail address: [email protected]
Phone number: xxxxxx
Chamber of Commerce number: xxxxxx
VAT identification number: xxxxxx
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to the general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. most favorable.
Article 4 – The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated
- on a basis other than the regular base rate for the means of communication used;
- whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 – The agreement
1. The agreement is concluded at the moment of agreement by the consumer of the offer and compliance with the established conditions.
2. the purchase of a purchase of the offer. As long as the receipt of this has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the company will take appropriate technical and measures to secure the electronic transfer of data and ensure a safe web environment. If it can pay electronically, it will take the correct security measures.
4. The entrepreneur can – within legal frameworks – rely on the consumer’s ability to meet his payment obligations, and on factors that are important for a responsible conclusion of the agreement on the agreement. The creation of an agreement of application to enter into an agreement to conclude the agreement.
5. The entrepreneur will send the following information with the product of service to the consumer, in writing in a practical manner that it can be easily stored by the consumer in a sustainable manner:
A. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
B. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
C. the information about warranties and existing after-sales service;
D. the information included in Article 4 paragraph 3 of these terms and conditions, unless the company has already provided the consumer with this information before the execution of the agreement;
e. the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph applies to the first delivery.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during fourteen days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When providing services:
3. When providing services, the consumer has the option to dissolve the agreement without stating reasons during fourteen (14) days, commencing on the day of entering into the agreement.
4. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
5. When ordering a prenatal test, you can also invoke the right of withdrawal, but if you communicate this to us after the test set has been sent to you, part of the purchase price will be charged. In that case, € 275 will be withheld, this concerns a contribution to the costs involved in assembling the test set by qualified personnel; and the fact that once the test set is sent to you, it cannot be used by us and must be destroyed. This is because the integrity of the test set, should it have been received and returned by you, can no longer be guaranteed by us as it has not been in our possession at all times. As such, we can no longer use such a test set for another customer.
Article 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the maximum costs of return will be for the account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, at the latest within 30 days after the return of the withdrawal.
Article 8 – Exclusion right of withdrawal
1. The entrepreneur can exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the consumer’s specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Artikel 10 – Conformiteit en Garantie
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension
Cancellation
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of at most one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period. of a maximum of one month.
3. The consumer can conclude the agreements referred to in the previous paragraphs:
– cancel at any time and are not limited to cancellation at a specific time or in a specific period;
– at least cancel in the same way as they entered into by him;
– always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer has extended this can terminate the agreement towards the end of the extension with a notice period of at most one month.
6. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period
Duration
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration. to postpone.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period shall after the consumer has received confirmation of the agreement.
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
Article 15 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
II. Additional terms
Article 17 – Definitions
In these terms and conditions, definitions apply as included in the above general terms and conditions. In addition, the following is understood to mean:
Laboratory: the laboratory with which the entrepreneur works together and which performs DNA tests for the entrepreneur on a regular or incidental basis.
Article 18 – Conditions for performing a DNA test
1. Entrepreneur will only proceed to perform the ordered DNA test after full payment has been received and on condition that the consumer has accepted the General Terms and Conditions DNA-test.co.uk.
2. By sending the DNA samples to the laboratory, the consumer agrees to the conduct of the test. The consumer’s right of withdrawal expires as soon as the laboratory has started performing the DNA test.
3. If, in the reasonable opinion of the entrepreneur and/or the laboratory, the consumer has not met the conditions and/or requirements for performing the DNA test; or if, in the reasonable opinion of the entrepreneur and/or the laboratory, performing the DNA test is practically impossible and/or ethically irresponsible; then the entrepreneur has the right to waive the DNA test. The entrepreneur may, but is not obliged, to give the consumer the opportunity to remove the cause of this decision. If the entrepreneur definitively decides not to proceed with the DNA test, the entrepreneur will refund the price paid by the consumer.
Article 19 – Insufficient DNA material
1. Cheek mucus tests: If insufficient DNA material, or no DNA material of an adequate quality can be obtained from one or more DNA samples sent to the laboratory, to carry out the test, the entrepreneur will provide material free of charge for taking a new DNA sample (or new DNA samples) and have the new DNA sample (or new DNA samples) analyzed by the laboratory.
2. Blood tests: If no or insufficient DNA material from the unborn child can be obtained from blood samples taken for a prenatal paternity test, the entrepreneur will provide material once free of charge for taking a new DNA sample and the new DNA – have the sample analyzed by the laboratory, provided that the consumer can demonstrate that the first blood sample tested was taken after at least 9 weeks of pregnancy.
Artikel 20 – Aansprakelijkheid
1. In accordance with the offer and the above, the entrepreneur makes resources available for the collection of DNA samples free of charge. The consumer’s use of other means for taking DNA samples is entirely at the consumer’s risk. In the event of the use of resources other than those made available, the entrepreneur and the laboratory are entitled not to perform the DNA test and, if they do proceed to perform the DNA test, they are not liable for failure to obtain results or obtaining incorrect results.
2. The consumer is fully and exclusively responsible and liable for the consequences of not, incorrectly or incompletely filling in data and the provision of incorrect or incomplete information by the consumer and/or other persons to be tested.
3. The consumer is fully and exclusively responsible and liable for correctly and fully informing and obtaining permission from all persons to be tested or (in the case of minors) their legal representative(s).
4. Neither the entrepreneur nor the laboratory is liable if the results of a legally valid DNA test are not accepted as evidence by a judge, government agency or other body.
5. The liability of the entrepreneur towards the consumer will in no case exceed the amount paid by or for the consumer for the product or service in connection with which the liability of the entrepreneur is invoked.
Artikel 21 – Klachten
1. Complaints about services provided by the entrepreneur (directly or via the laboratory) must be sent by post to the address stated in Article 2 of the general terms and conditions. All complaints must be received by the entrepreneur at the latest (a) within 14 days after the announcement of the test results to the consumer; or (b) if test results have not been disclosed to consumer, within 30 days of the invoice date. If no complaint is submitted within the aforementioned periods, the services provided by the entrepreneur will be deemed to be satisfactory and no further complaints will be handled. Complaints are handled exclusively in the Dutch language.