General contracting conditions

Introduction

This contractual document will govern the General Conditions for contracting products or services (hereinafter, “Conditions”) through the website adninstitut.com, owned by ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL, hereinafter PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Terms and Conditions may be modified at any time. It is the USER’s responsibility to read them periodically, as the Terms and Conditions in effect at the time of placing orders will apply.

Contracts shall not be subject to any formality except as expressly provided in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER: Has read, understands and comprehends what is stated herein.

It is a person with sufficient capacity to contract.

Assume all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products or services contracted by the USER is ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL, with registered office at AVDA. CERDANYOLA, 57

Baixos, – 08172 Sant Cugat del Vallès (Barcelona), NIF B67355222 and customer service telephone number / USER 931159950.

And on the other hand, the USER, registered on the website using a username and password, for which he or she has full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery of a specific product or service in exchange for a price determined and publicly displayed on the website.

Contracting procedure

In order to access the products or services offered by the PROVIDER, the USER must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of such data and Organic Law 3/2018, of December 5 (LOPDGDD) regarding the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, and undertakes to use them diligently and not to make them available to third parties. They also undertake to notify the PROVIDER of any loss or theft of such passwords or of possible access by an unauthorized third party, so that the PROVIDER can immediately block them.

Once the user account has been created, please note that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting process will follow these steps:

  1. General contracting clauses.
  2. Shipping orders.
  3. Right of withdrawal.
  4. Claims.
  5. Force Majeure.
  6. Competence.
  7. Overview of the offer.
  8. Price and validity period of the offer.
  9. Transportation costs.
  10. Payment method, expenses and discounts.
  11. Purchasing process.
  12. Applicable guarantees.
  13. Warranties and returns.
  14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER implies the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING ORDERS

The PROVIDER will not send any order or activate any service until it has verified that payment has been made.

Merchandise shipments will usually be made by EXPRESS MESSENGER, according to the destination freely designated by the USER.

Failure to execute the distance contract

Delivery dates or times shall be deemed approximate; delay shall not constitute a material breach. If the PROVIDER has not delivered the merchandise 30 days after the agreed delivery date due to unavailability of the product or service, the USER must be informed and shall be entitled to cancel the order and receive a refund of the full amount paid free of charge, without incurring any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER in repaying the full amount, the USER may claim payment of double the amount owed, without prejudice to their right to compensation for damages suffered in excess of that amount.

Delivery times are typically between 2 and 3 business days, depending on the destination city and the payment method chosen. This period is understood to be valid only after confirmation of availability of the merchandise and verification of full payment for the order.

The PROVIDER will not assume any liability if the delivery of the product or service is not made due to the information provided by the USER being false, inaccurate or incomplete.

Delivery will be considered complete when the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt.

It is the USER’s responsibility to verify the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to return and/or complain about any defects or flaws in the product or service, both online and offline.

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

The right of withdrawal cannot be applied in the following cases:

  1. If the product is not presented in perfect condition.
  2. If the product packaging 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. The use of seals and adhesive tape applied directly to the product is prohibited.
  3. When the product is opened without being able to demonstrate that it has not been used

Any return must be communicated to the PROVIDER by requesting a return number using the form provided, or by email to info@adninstitut.com, indicating the corresponding invoice or order number.

Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number in the shipping letter, with the shipping costs at his/her expense, to the address of ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL, AVDA. CERDANYOLA, 57 Baixos, –

08172 Sant Cugat del Vallès (Barcelona).

4. CLAIMS

Any claim that the USER deems appropriate will be addressed as quickly as possible and can be made at the following contact addresses:

Postcard: ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL, AVDA. CERDANYOLA,

57 Baixos, – 08172 Sant Cugat del Vallès (Barcelona) Telephone: 931159950

Email: info@adninstitut.com

Online Dispute Resolution

Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for the online resolution of disputes between the USER and the PROVIDER, without the need to resort to the courts. This platform, known as the Dispute Resolution Body, acts as an intermediary between the two parties. This body is neutral and will engage with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.

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

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.

6. COMPETENCE

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

If any provision of these terms and conditions is 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 or she has read, understood and accepted these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

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

No modification, alteration or agreement contrary to the Commercial Proposal of ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL or what is stipulated herein shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.

Given ongoing technical advances and product improvements, the SUPPLIER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as this does not affect the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product are exempt from Value Added Tax (VAT). These prices, unless expressly stated otherwise, include shipping, handling, packaging, and insurance costs.

The prices applicable to each product are those published on the website and are expressed in euros. The USER assumes that the economic value of some products may vary in real time.

Before placing your order, you can check all the quote details online: items, quantities, price, availability, shipping costs, fees, discounts, taxes, and the total purchase. Prices may change daily until your order is placed.

Every payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be sent along with the purchased product, as well as in PDF format, to the email address provided by the USER.

For any information regarding the order, the USER may contact the SUPPLIER’s customer service phone number 931159950 or via email at info@adninstitut.com

9. TRANSPORTATION EXPENSES

Prices include shipping costs within the Iberian Peninsula.

For shipments to the Balearic Islands and the Canary Islands, an additional charge of €21 and €25, respectively, will apply. For international shipments, please contact ADN Institut to receive information about the additional shipping costs, which will be calculated based on the delivery address.

10. PAYMENT METHODS, FEES AND DISCOUNTS

The PROVIDER makes the following payment methods available for an order:

Credit card: no discounts or charges will be applied.

The PROVIDER undertakes not to allow any transaction that is illegal, or that is considered by the credit card brands or the 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.

Pay in 3 or 4 installments or deferred payment by credit or debit card with our partner FLOA.

Our financial partner, FLOA, offers deferred payment solutions in the form of loans for your purchases of goods and/or services in 3 or 4 installments with a credit card, payable over a maximum of 3 months. [Minimum APR of 8.27% and maximum of 12.87%]. With interest. The minimum amount to finance is €50 and the maximum is €2,499.

Payment in 3 or 4 installments without fees

For example, for a financed purchase of €1,000, the installments would be: 4 installments over 3 months. APR 0.00%. APR 0.00%. Minimum interest at a rate of 0%. First monthly payment: €250.00 (€0 in taxes and €250.00 in installments). 3 installments of €250.00. Total debt: €1,000.00. Total cost of credit: €0.00. French amortization system (periodic installments that include the principal). The unfinanced purchase price would be €1,000, and financed, €1,000.00.

These financing solutions are not subject to Law 16/2011 on consumer credit contracts and are reserved for individuals (of legal age) residing in Spain and holders of a Visa or MasterCard bank card that does not expire before the final repayment date.

Financing is subject to FLOA’s acceptance. You have 14 calendar days to exercise your right of withdrawal. For more information, click here to view the Terms and Conditions applicable to FLOA’s multi-installment payments.

FLOA is a public limited company incorporated in France, registered in the Commercial Registry of Bordeaux 434 130 423 and with registered office at: Immeuble G7, 71 Rue Lucien Faure 33300 BORDEAUX. FLOA is subject to the control of the “Autorité de contrôle prudentiel et de résolution” (ACPR) 4 Place de Budapest, CS 92459, 75436 PARIS, ORIAS Registry number 07028160 ( www.orias.fr ).

Please note that if you request payment for your order of goods and/or services using one of these payment solutions, your personal data will be transmitted to FLOA for the purpose of reviewing your financing request, managing your credit agreement, and, where applicable, collecting payment. For more information, click here .

11. PURCHASE PROCESS

Basket (budget simulation)

Any product from our catalog can be added to your cart. Only the items, quantity, price, and total amount will be displayed. Once your cart is saved, taxes, fees, and discounts will be calculated based on the payment and shipping information entered.

The baskets have no administrative obligations; they are simply a section where you can simulate a budget without any commitment on either side.

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

  1. – Checking billing data.
  2. – Verifying the shipping address.
  3. – Selecting the payment method.
  4. – Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the order.

Orders (purchase requests)

Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the order status and the approximate shipping and/or delivery date.

12. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise indicated in their description. All products come with a one-year warranty period, in accordance with the criteria and conditions described in 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.

13. WARRANTIES AND RETURNS

The warranty for the products offered will be governed by the following articles based on Law 23/2003, of July 10, on Guarantees for the Sale of Consumer Goods:

I) Conformity of the products with the contract

  1. Unless proven otherwise, the products shall be deemed to be in compliance with the contract, provided that they meet all the requirements set out below, unless due to the circumstances of the case any of them are not applicable:

a) They conform to the description and qualities manifested by ADN INSTITUT, INSTITUT D’ ASSESSORAMENT I DIAGNOSTIC GENETIC SL

b) They are suitable for the uses to which products of the same type are ordinarily intended.

c) They are suitable for any special use required by the customer when this has been made known to ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL at the time of entering into the contract, provided that the latter has accepted that the product is suitable for this use.

d) Present the quality and performance that is typical of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL

e) ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so it is not bound by these public statements.

2. There will be no liability for any lack of conformity that the USER is aware of or could not have ignored at the time of entering into the contract or that originates from materials supplied by the USER.

II) Responsibility of the PROVIDER and rights of the USER

ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL will respond to the USER

of any lack of conformity that exists at the time of delivery of the product. ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL recognizes the USER’s right to its replacement, and to the termination of the contract.

Pursuant to Article 6 of the Civil Code, any prior waiver of the USER’s rights or acts committed in fraud shall be void.

III) Repair and replacement of products

  1. If the product does not comply with the contract, the USER may choose between requesting its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL of the chosen option, both parties must comply. This decision by the USER is without prejudice to the provisions of Article IV below for cases in which repair or replacement fail to bring the product into compliance with the contract.

IV) Rules for repair or replacement of the product

The substitution will be subject to the following rules:

a) It will be free for the USER.

b) This free of charge will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs.

c) They will be carried out within a reasonable period of time and without major inconvenience to the user, taking into account the nature of the products and their purpose for the USER.

d) The replacement suspends the time periods referred to in Article VII from the date the option is exercised until the new product is delivered. The second paragraph of Article VII shall apply to the replacement product in all cases.

V) Price reduction and termination of the contract

Price reductions and termination of the contract will be available, at the USER’s discretion, when the USER cannot demand the replacement or replacement of the product and in cases where these have not been carried out within a reasonable timeframe or without major inconvenience to the USER. Termination will not be available when the lack of conformity is minor.

VI) Deadlines

  1. ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL is liable for any lack of conformity that becomes apparent within two years of delivery. For second-hand products, ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL and the USER may agree on a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, any lack of conformity that becomes apparent within six months of delivery shall be presumed to have 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 proven otherwise, delivery is deemed to have been made on the date shown on the invoice or purchase label, or on the corresponding delivery note, if this is later.
  • The USER must inform ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC

SL of the lack of conformity within two months of becoming aware of it.

Unless proven otherwise, it will be understood that the USER’s communication has taken place within the established period.

VII) Action against the producer

In general, and without prejudice to the producer’s liability ceasing, within the same time periods and conditions as those established for ADN INSTITUT, INSTITUT D´ASSESSORAMENT I DIAGNOSTIC GENETIC SL, the producer will be liable for any lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the regulations that govern them.

A producer is understood to be the manufacturer of a product or its importer into the territory of the European Union, or any person who represents themselves as such by indicating their name, brand or other distinctive sign on the product.

14. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly provided for herein. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services covered by these Terms and Conditions.

If the USER resides outside of Spain, the PROVIDER and the USER expressly waive any other jurisdiction, submitting to the Courts and Tribunals closest to the city of Sant Cugat del Vallès (Spain).