These General Contracting Terms and Conditions (hereinafter, “General Terms” or “Terms and Conditions”) regulate the contracting terms and conditions of the different services offered through the Website www.nimgenetics.com (hereinafter, the “Website”) owned by NIMGenetics Genómica y Medicina, S.L. (hereinafter, “NIMGenetics”).
These Terms and Conditions apply to NIMGenetics and the user (hereinafter, the USER), and prevail over any other terms and conditions or provisions that may have been agreed upon. Acceptance of the terms contained in this document implies that the USER agrees to enter into this Contract with NIMGenetics to which the aforementioned Terms and Conditions shall apply.
1 – GENERAL AND CONTACT INFORMATION
2 – PURPOSE
2.1. NIMGenetics offers an online service to contract different services through the Website.
2.2. The purpose of these General Terms and Conditions is, on the one hand, to inform about the terms and conditions and contracting procedures for NIMGenetics’ services offered through its Website and, on the other hand, to define rights and obligations for the parties when the user (hereinafter, the USER) contracts NIMGenetics’ services.
2.3. Consequently, the fact of placing an order through the NIMGenetics Website implies that the USER has read these Terms and Conditions and fully and completely accepts them.
3 – MAIN PROPERTIES OF NIMGENETICS’ SERVICES
3.1. NIMGenetics is a Spanish multinational biotech company specialised in the design and commercialisation of products and services for clinical genetic diagnosis, constituting itself as a one-stop solution that accompanies specialists in all stages of the diagnosis process, through comprehensive genetic approaches and all the pre- and post-test support needed. We develop exclusive genomic products based mainly on two technologies, microarrays and massive sequencing. Our objective is to provide medical specialists with the best tools for genetic diagnosis, as well as with our deep knowledge of the human genome, to contribute to the improvement of the health of patients with genetic diseases, as well as their quality of life and that of their families.
3.2. In general, the services offered through the NIMGenetics Website are available in the national territory, including the Balearic Islands, Canary Islands, Ceuta and Melilla, as well as Portugal, Brazil and Mexico. However, the availability of the different tests for each of these regions / countries should be consulted with NIMGenetics in each case. In these cases, the USER must assume any additional costs that may be applicable.
4 – ACCEPTANCE
4.1. Acceptance of these General Terms and Conditions during the contracting process implies that the user has read and fully and unconditionally consents to each and every one of the terms and conditions included in this Contract. We therefore recommend users to ead this document carefully.
4.2. If the user does not agree with any of the terms and conditions set forth herein, they should not contract any of the services offered on the Website.
4.3. If users have any doubts about the Terms and Conditions, please contact NIMGenetics through the means indicated in point 1 of this document.
5 – MODIFICATIONS
NIMGenetics reserves the right to modify or update these General Contracting Terms and Conditions at any time. The USER shall be responsible for consulting them before contracting the NIMGenetics services, since those published on the Website at the time of contracting the services shall be applicable.
6 – REQUIREMENTS FOR CONTRACTING AND PROVIDING SERVICES
6.1. In order to contract the services offered by NIMGenetics, the USER must have the necessary and sufficient legal capacity to enter into this Contract. In the event that the final recipient is not the USER but a minor or a person with legal incapacity, at the time of contracting, the USER shall expressly indicate this and, therefore, NIMGenetics shall assume that the USER is contracting the services on behalf of that third party.
6.2. By contracting the NIMGenetics services, the USER confirms that, at the time of placing the order, he/she complies with the requirements described above.
6.3. NIMGenetics shall provide the contracted services as long as the final recipient:
7 – CONTRACTING PROCESS
7.1. The services offered by NIMGenetics can be contracted in any of the languages of the website and are available in the national territory, including the Balearic Islands, Canary Islands, Ceuta and Melilla, as well as Portugal, Brazil and Mexico.
7.2. The procedure for contracting the services offered by NIMGenetics is be as follows:
7.3. Once the payment process has been completed, NIMGenetics shall send an e-mail to the USER confirming the service contracting and all data relating to that operation, specifying whether the order is already paid or not.
7.4. The USER shall have the possibility to check the details of the contracting and to correct any possible errors during the process. Once the process has been completed, no data can be modified, unless the user contacts NIMGenetics directly at +34 910 378 354 and follows the instructions provided.
7.5. The service shall begin to be provided by NIMGenetics once the corresponding payment has been correctly received (according to the payment method chosen by the USER), as well as the biological sample, and after checking that the other requirements established in point 6.3. of these Terms and Conditions have been fulfilled.
7.6. Contracting made on Saturdays, Sundays and/or public holidays (national and/or regional) shall be processed on the first following working day.
7.7. NIMGenetics reserves the right to suspend or cancel the provision of its services, regardless of their nature and degree of execution, in case of non-payment or partial payment of the amounts owed by the USER, issues with the payment or actual or attempted fraud.
8 – FEE AND PAYMENT METHOD
8.1. The fee of each service shall be the one set out on the Website or, as the case may be, as set by NIMGenetics’ sales representatives. The fees indicated on the Website are expressed in the local currency of the country selected at the beginning of the process and reflect the final cost, unless expressly stated otherwise.
8.2. NIMGenetics reserves the right to modify the established prices at any time and without prior individualized communication. These modifications shall be valid from the moment of their publication on the Website and shall apply to all contracting made from that moment onwards.
8.3. The available payment methods are, at the moment, the virtual POS terminal (hereinafter, POS or Virtual POS), bank transfer or PayPal (depending on each country).
8.4. Payments shall be made in the local currency of the country selected at the beginning of the process.
8.5. Regarding payment through the Virtual POS, we inform all users that such payment is carried out by the USER’s credit or debit card through the payment gateway of the banking institution that provides the POS service and under SSL secure protocol. For identification purposes, the USER is recommended to previously confirm that the web address of the page from which the payment is to be made begins with https://. In any case, payment shall only be effective when NIMGenetics receives confirmation of payment from the banking institution that owns the secure payment gateway.
The POS is a payment service under Royal Decree-Law 19/2018 of 23 November on payment services and other urgent measures regarding financial matters. Consequently, payments made through the POS are subject to this regulation, by virtue of which NIMGenetics becomes a user of the payment service together with the USER (in this case, the POS provided by the banking institution). NIMGenetics has no obligation under this regulation other than what is contained therein and cannot guarantee the correct functioning of the POS or its full availability, however, the banking institution shall endeavour to keep the POS service available as constantly as possible, although, especially for maintenance, security or capacity reasons, as well as due to events beyond the banking institution’s control (e.g. public communication network anomalies, power cuts, etc.), brief anomalies or the temporary suspension of the banking institution’s services may occur.
8.6. NIMGenetics is not responsible, under any circumstances, for the unauthorized use of credit or debit cards, whether reported or not by the USER, until it has actual knowledge of the fraudulent nature of these activities. The USER must notify NIMGenetics of any undue or fraudulent charge on the credit or debit card or in the bank account used to contract the services through the e-mail email@example.com soon as possible so that NIMGenetics can take the appropriate steps. NIMGenetics works to protect the personal data of its customers by guaranteeing a high level of security; however, the USER must also participate in such protection. In particular, the USER must maintain the security of all online transactions, for example, by not communicating identifiers (e-mail address) or credit or debit card numbers to anyone. In this sense, NIMGenetics is not liable for the use of the identifier (e-mail address of the USER) and/or credit or debit card number made by a third party other than the USER. NIMGenetics is not liable, in any case, for the fraudulent use of such data. The computer records, kept in the computer systems of NIMGenetics and its partners, shall be considered proof of the communications, reservations and payments made by the USER.
8.7. If at the time of making the payment there is any incidence that prevents the payment, the USER shall receive an automatic payment error message and the request shall not be processed until the payment process is completed successfully.
8.8. NIMGenetics is not liable in case of error when typing the e-mail address or if the confirmation e-mail confirming the contracting of the service is not received.
9 – CONDUCTING THE TEST AND DELIVERING RESULTS
9.1. Once both the payment and the biological sample have been received, NIMGenetics shall provide the contracted services.
9.2. In the event that the sample is not optimal in quality or quantity, NIMGenetics may request a new biological sample to repeat the test, at no cost to the USER.
9.3. The report of results for the contracted test shall be sent to the medical specialist who prescribed it, who in turn shall contact the final recipient of the test or, if appropriate, their legal representatives, to explain the results and provide the appropriate advice.
9.4. The report shall be made available within the time period indicated on this Website for each type of test. Such period shall start from the time the sample is received by the laboratory.
10 – RIGHT OF WITHDRAWAL
10.1. Users have fourteen (14) calendar days from the service payment date to exercise their right of withdrawal, with no need for justification. However, withdrawal shall not be possible in cases in which the service has been fully executed, or when its execution is underway, all in accordance with Article 103 of Royal Legislative Decree 1/2007 of 16 November 2007, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. The service shall begin at the time of the biological sample collection.
10.2. In the event that users wish to exercise their right of withdrawal, provided that some of the causes indicated above do not apply, they are requested to contact NIMGenetics by e-mail at firstname.lastname@example.org, indicating order number, name and surname, as well as the statement with their decision to withdraw from the contract. Once the request to exercise the right of withdrawal has been received, and having verified that it is within the deadline, as well as that none of the circumstances indicated in the previous paragraph apply, NIMGenetics shall proceed to reimburse the amount paid within a maximum period of fourteen (14) calendar days from the request receipt date.
11 – BASIC INFORMATION ON PERSONAL DATA PROTECTION
11.1. In accordance with the provisions of the General Data Protection Regulations (EU) 2016/679 of 27 April 2016 and Organic Law 3/2018 on Protection of Personal Data and Guarantee of Digital Rights, we inform the user that the personal data provided shall be stored in NIMGenetics Genómica y Medicina, S.L.’s systems, in order to provide the services requested and send information regarding the services to the user.
11.2. User’s personal information processing is legitimised on the basis that they are required to carry out the execution of the services requested. Users’ personal information shall be stored for the duration of the contractual relationship and beyond, in order to comply with any applicable legal obligations and until any liabilities arising from them expire.
11.3. User’s personal data shall not be disclosed to any recipients, except to those to whom the user authorise NIMGenetics to do so, or those who are so required by law.
11.4. Users’ data may be transferred to NIMGenetics’ service suppliers located outside the European Economic Area; however, NIMGenetics guarantees that such transfer shall be carried out in accordance with, and with the guarantees provided for, in Regulation (EU) 2016/679.
11.5. Users may exercise their rights of access, rectification, erasure, limitation of specific processing, portability, objection to the processing described and to automated decision-making. In order to exercise these rights, as well as for additional information, they may consult the following link on our website: https://www.nimgenetics.com/politica-de-privacidad/
12 – LIABILITY
12.1. NIMGenetics shall not be liable for the non-fulfilment or delay in the fulfilment of its obligations to the USER, if caused by any unforeseeable circumstances or by force majeure affecting both NIMGenetics and its suppliers. If the cause of force majeure lasts for more than two (2) months, NIMGenetics or the USER may consider the orders in progress as cancelled and without effect, with no indemnity or compensation whatsoever in favour of the USER, and NIMGenetics shall proceed to reimburse the amounts paid by the USER.
12.2. NIMGenetics declines all liability for damages, direct or indirect, foreseeable or unforeseeable, suffered as a result of the USER’s fraudulent use of the website.
12.3. NIMGenetics services shall comply with the requirements of the Spanish legislation in force. NIMGenetics shall not assume any liability in the event of non-compliance with the legislation of the country other than Spain from which the services are contracted (for example in the event of a ban on the service, etc.). It is up to the USER to verify whether, in accordance with the regulations of the country where they reside, other than Spain, there is any limitation for the services they are going to contract.
13 – APPLICABLE LEGISLATION AND JURISDICTION
13.1. These General Terms and Conditions shall be governed by Spanish legislation.
13.2. NIMGenetics and the USER agree to amicably resolve any differences that may arise in relation to these Terms and Conditions. In the event that an amicable solution is not possible, the parties submit to the Courts and Tribunals of the place of compliance of the obligation, that is, Madrid.