SK
GENERAL TERMS AND CONDITIONS
INTESTINAL MICROBIOME ANALYSIS
Institute of Predictive and Personalized Medicine, s. r. o.
Headquarters: Nábr. arm. gen. L. Svobodu 32, 811 02 Bratislava, Slovak Republic
ID: 47 217 642
VAT: 2023794201, VAT NUMBER: SK2023794201
The company is registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Entry No.: 90058/B
Telephone number: +421 911 212 838
E-mail: office@ippm.sk
General Terms and Conditions valid and effective from 07.05.2024
I. PREAMBLE
1.1 - IPPM is a private healthcare facility that is authorized to provide healthcare on the basis of a valid healthcare permit issued by the competent authority and generally binding legislation in force in the Slovak Republic. As part of its activities, IPPM provides, among other things, services focused on the health of the intestinal system and in this context provides comprehensive examination of the intestinal microbiome in accordance with the latest diagnostic trends.
1.2 - These GTC govern the rights and obligations of the Parties arising from the Contract concluded between IPPM as a Service Provider and the Customer as a user of the Services, through the Website available at "www.ippmclinic.com", as well as the rights and obligations in relation to the Users.
1.3 - Legal relations between the Parties not expressly regulated by these GTC shall be governed by generally binding legal regulations of the Slovak Republic, in particular the relevant provisions of the Civil Code, the Consumer Protection Act, the Act on Consumer Protection in Distance Selling and other applicable laws of the Slovak Republic.
1.4 - These GTC apply to all Contracts entered into through the Website, unless IPPM and the Customer enter into a separate contract in which they expressly agree terms and conditions different from these GTC, in which case the terms and conditions agreed in the separate contract shall prevail over these GTC. The Parties also agree that the application of individual provisions of these GTC and/or the Contract may be excluded or modified by written agreement of the Parties.
1.5 - These GTC are available to the User or Customer on the IPPM Website. The Customer also acknowledges that one of the conditions for placing an Order and concluding the IPPM Contract with the Customer is the Customer's familiarity with these GTC, the Complaints Policy, as well as other related documents available to the Customer via the Website.
II. DEFINITIONS AND INTERPRETATION
2.1 - The provisions of this Article of the GTC shall, in addition to their definitional character and purpose, also have a normative character or purpose, i.e. setting out the rights and/or obligations of the Parties, and therefore the provisions of this Article shall be as binding on the Parties as the other provisions of these GTC.
2.2 - The headings of each article are attached for convenience of reference only and shall have no effect on the interpretation of these GTC.
2.3 - Unless otherwise implied by these GTC, words used in these GTC in the singular shall also refer to the plural and vice versa. Words used in the masculine gender shall include the feminine and the neuter.
2.4 - The terms and expressions defined and used in these GTC shall have the same meaning as the terms and expressions in all binding legal relationships between the Parties, unless otherwise provided by generally binding law or expressly agreed by the Parties. Capitalized terms used in these GTC shall have the following meanings:
2.4.1 - Civil Procedure Code means Act No. 160/2015 Coll., the Civil Procedure Code, as amended;
2.4.2 - Price means the consideration which the Customer agrees to pay to IPPM for the provision of the Services; the Price is payable in advance;
2.4.3 - Price List means the currently valid price list of IPPM's services, which contains the amounts of the Prices for the individual services offered by IPPM, including the Services pursuant to these GTC, and which is available on the Website;
2.4.4 - Gift Voucher means a gift voucher issued by IPPM and offered for sale by IPPM on the Website and entitling its owner (i.e. the Customer or a Third Party) to use the Services offered;
2.4.5 - Day means calendar day;
2.4.6 - Collection Instructions means the document containing the instructions to the Customer for the collection of biological material (stool) for the purposes of the Examination, and which is included in the Kit delivered to the Customer;
2.4.7 - IPPM means the business company Institute of Predictive and Personalized Medicine, Ltd., with its registered office at Nábr. arm. gen. L. Svobodu 32, 811 02 Bratislava, ID No.: 47 217 642, a company registered in the Commercial Register of the Municipal Court of Bratislava III, Section: Sro, Entry No.: 90058/B;
2.4.8 - Kit means the accessories necessary for the Examination, which are part of the Services provided and which are sent to the Customer for the purpose of collecting the Sample; the Kit includes:
a) Subscription Instructions;
(b) the activation code for the subscription kit and instructions for electronic activation of the Kit;
(c) a collection tube for biological material (faeces) with a unique ID number;
(d) cotton swab for collection of biological material (faeces);
(e) disposable toilet aid for the collection of biological material (faeces);
f) an envelope for sending the sample to the Laboratory with the address and prepaid postage;
2.4.9 - Laboratory means the IPPM Contractor that performs the Examination;
2.4.10 - GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), as amended;
2.4.11 - Civil Code means Act No. 40/1964 Coll., the Civil Code, as amended;
2.4.12 - Order means an individual online order for Services by the User addressed to IPPM, which consists in filling in and submitting the order form on the Website, and which contains personal data about the User, or the Customer and/or the Third Party for whom the Service is ordered, data about the ordered Service and the Price, as well as other related information; the User is entitled to make an Order for Services for himself (by making an Order, the User enters the status of a Customer) or for a Third Party;
2.4.13 - Expert Consultation means an expert consultation on the interpretation of the Results, which is part of the Services provided, and which is provided by an IPPM expert consultant; the Customer acknowledges that the Expert Consultation is not the provision of medical care, is not a substitute for a medical examination and is not used to assess the Customer's overall health, to diagnose or to suggest a possible course of treatment.
2.4.14 - Payment Gateway means a payment point used to pay the Price for the Services;
2.4.15 - User means any natural person who browses the Website and obtains information from it; by executing an Order, the User enters the status of a Customer; the provisions of these GTC apply to the User mutatis mutandis;
2.4.16 - Working day means a day from Monday to Friday, unless it is a public holiday or a day of rest in the territory of the Slovak Republic;
2.4.17 - Controller means the controller of the personal data, which is the IPPM;
2.4.18 - Registration means the creation of a permanent Customer account of the User on the Website by defining the User's login and password, with the User's personal data; Registration is free of charge;
2.4.19 - Complaints Procedure means the document issued by IPPM to ensure a prompt and correct procedure for the handling of Complaints, complaints and suggestions, and for the purpose of properly informing the Customer about the conditions and method of making a Complaint for Services, complaints and suggestions;
2.4.20 - Complaint means a written submission by the Customer which includes a request by the Customer to verify the quality, point out defects or other deficiencies in relation to the Services in accordance with the Complaints Regulations and relevant legislation;
2.4.21 - Services means the services provided by IPPM to the Customer, which are available for ordering through the Order via the IPPM Website, and for the purposes of these GTC, Services means the services consisting in providing the Customer with an Intestinal Microflora Examination based on a Sample, and a subsequent online or telephone Expert Consultation; the provision of Services is not the provision of health care, is not covered by health insurance and is fully reimbursed by the Customer;
2.4.22 - Third Party means any natural person other than the User, the Customer and/or IPPM; A Third Party shall, upon execution of an Order by the Customer on behalf of the Customer and the conclusion of the Contract, enter into the status of Customer and for the purposes of these GTC and/or the Contract shall hereinafter also be referred to as the Customer; A Third Party in the capacity of a Customer shall be subject to the provisions of these GTC mutatis mutandis;
2.4.23 - GTC means these General Terms and Conditions as amended from time to time;
2.4.24 - Examination means a service consisting in the detection and evaluation of the state (analysis) of the Customer's intestinal microflora on the basis of a Sample, with a particular focus on microbes that, when the intestinal balance is disturbed, can contribute to the development of various health problems and diseases; the examination is performed by the Laboratory;
2.4.25 - Result means the result of the Sample Test performed by the Laboratory, which IPPM sends to the Customer at the email address provided by the Customer as part of the Order process (or held in the Customer Account);
2.4.26 - Sample means a sample of the Customer's biological material (faeces) intended for Examination;
2.4.27 - Website means the IPPM website "www.ippmclinic.com";
2.4.28 - Customer Account means the User's customer account created by the Registration;
2.4.29 - Customer means a person who enters into a binding relationship with IPPM for the purpose of using the Services by means of an Order; Customer also means a Third Party as defined in clause 2.4.22 of this Article of the GTC;
2.4.30 - Act on Alternative Dispute Resolution means Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended;
2.4.31 - Personal Data Protection Act means Act No. 18/2018 Coll. on Personal Data Protection and on Amendments and Additions to Certain Acts, as amended;
2.4.32 - Consumer Protection Act means Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act No. 372/1990 Coll. on Offences of the Slovak National Council, as amended;
2.4.33 - Act on Consumer Protection in Distance Selling means Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Selling Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts, as amended;
2.4.34 - Contract means a contract for the provision of Services concluded between IPPM and the Customer remotely, concluded exclusively by one or more means of remote communication without the simultaneous physical presence of IPPM and the Customer, outside the premises of IPPM, the subject matter of which is the provision of IPPM Services to the Customer, under the terms and conditions set out in these GTC and/or the Contract;
2.4.35 - Parties to the Contract means the parties to the contractual legal relationship, namely IPPM and the Customer who have entered into the Contract; for the purposes of these GTC, the User shall also be deemed to be a party to the Contract where the GTC reasonably so provide (e.g. within the meaning of Article I, Article II, clauses 2.1 - 2.4 of these GTC, etc.).
III. SETTING UP A CUSTOMER ACCOUNT, PLACING AN ORDER AND CONCLUDING A CONTRACT
3.1 - IPPM offers on its Website the possibility to purchase an online intestinal flora examination, which also includes a Professional Consultation, through the Services offered, the detailed specification of which is available directly on the Website. The Services are not subject to healthcare provision, are not covered by public health insurance and are fully paid for by the Customer (self-payment examination).
3.2 - The User is entitled to place an Order for Services on the Website, either by setting up a Customer Account or without setting up a Customer Account.
3.3 - Ordering Services without setting up a Customer Account is done through a one-time Order of the User as a non-registered customer.
3.4 - Ordering of Services by a User who is registered on the Website is carried out through an established Customer Account.
3.5 - When registering, the User is obliged to provide all information correctly and truthfully. The User is obliged to update the data provided in the Customer Account upon any change thereof. During Registration, the User shall choose his/her own login details, namely username (email) and password, through which he/she will log in to his/her Customer Account on the Website. The User or the Customer is obliged to keep the password secret and not to disclose it to any Third Party. If the User or the Customer suspects a possible misuse of his/her password or login data to the Customer Account, he/she is obliged to immediately change his/her password and inform IPPM of this fact.
3.6 - By registering, the User agrees that all information and data provided by the User as part of the IPPM Registration process is correct, accurate, complete and truthful. In no event shall IPPM be liable for any damages incurred by the User or the Customer as a result of the User or the Customer's failure to check the information so provided, or the User's or the Customer's failure to update the information in accordance with the actual status of the User or the Customer.
3.7 - The User or the Customer is not entitled to allow the use of the Customer Account by Third Parties and is fully responsible for the activity taking place on his/her Customer Account, regardless of whether it is carried out by the Customer himself/herself and/or by a person authorised by him/her and/or by any other Third Party. IPPM shall not be liable for any damages incurred by the User and/or the Customer as a result of unauthorized access to the Customer Account arising as a consequence of the User's and/or the Customer's failure to comply with the User's and/or the Customer's obligations under these GTC and/or the Agreement.
3.8 - The User or the Customer is entitled to cancel his Customer Account at any time via the Website, even without giving any reason.
3.9 - Ordering the Services is done through the Order, by entering the required data in the ordering process in the "Basket" of the Website (name and surname, date of birth, delivery address, contact details of the User or Third Party and other necessary information, according to the instructions provided in the Order itself). The User is entitled to order the Services for himself or for a Third Party.
3.10 - The User is obliged to choose the address and method of delivery of the Kit and the method of payment (payment) for the Services within the Order and to fill in the required delivery and billing data in the electronic order form - Order - truthfully and completely. The Order can only be submitted after all required fields have been completed.
3.11 - Submission of the Order is conditional on the User's acknowledgement that he/she is familiar with the GTC, IPPM's Complaints Policy and IPPM's processing of personal data.
3.12 - By confirming and submitting an Order (in the form of a completed and submitted Order Form), i.e. by clicking on the "Order with Payment Obligation" button on the Website, the Customer gives IPPM a binding proposal to enter into the Contract. By submitting the Order Form, the process of ordering the Services is complete.
3.13 - By submitting an Order, the Customer expressly acknowledges that it is aware of its obligation to pay the Price for the Services as set out in the Order, including any other pre-determined IPPM Costs.
3.14 - Upon proper and complete submission of the Order, the Customer will receive an automated email to the email address provided by the Customer as part of the Order process (or held in the Customer Account) notifying the Customer that the Order has been registered in the IPPM electronic system and confirming the Order.
3.15 - The Order becomes binding and the Contract is concluded at the moment of delivery of the Order confirmation by IPPM to the Customer. Any modification of the Order after the conclusion of the Contract is a proposal to modify the Contract and is only possible by mutual agreement between IPPM and the Customer.
3.16 - By submitting an Order, the Customer also expressly agrees to the immediate performance of the Contract, the subject of which is the provision of the Services before the expiry of the withdrawal period pursuant to Article VII, Clause 7.1 of these GTC and confirms that it loses its right to withdraw from the Contract after the full provision of the Services (e.g. when the full provision of the Services occurs before the expiry of the withdrawal period).
3.17 - The Customer hereby declares that it is fully capable and entitled to enter into the Contract and undertakes to perform all of its obligations under the Contract.
3.18 - The Customer acknowledges that IPPM shall not be liable to the Customer or Third Parties for any damages arising from the Customer or Third Party providing incorrect, incomplete or misleading data and information in the Order, including the provision of an incorrect, incorrect or outdated email address and/or telephone number.
3.19 - The Contract is concluded for a definite term and shall terminate upon the fulfilment of the obligations of IPPM and the Customer under these GTC and the Contract.
IV. ADDING THE KIT
4.1 - Pursuant to the Contract, IPPM agrees to deliver to the Customer the Kit required to provide the Services to the Customer's address provided by the Customer as part of the Order process (or held in the Customer's Account) and the Customer agrees to accept the said. The Customer shall provide true delivery and contact details, including email address and telephone number, in the Order for this purpose.
4.2 - The delivery time of the Kit is generally 3 (three) - 5 (five) Business Days for delivery within the territory of the Slovak Republic and 3 (three) - 10 (ten) Business Days for delivery to other countries, calculated from the payment of the Price for the Services by one of the methods pursuant to Article VI, Clause 6.4. of these GTC. The Customer acknowledges and expressly agrees that the time limit under the preceding sentence may be extended in justified cases where the IPPM medical facility is temporarily closed for a reason of which the Customer is informed by means of a notice published on the Website or directly during the Order process (e.g. public holidays, Christmas holidays, etc.), in which case Orders will be processed within the time limit set by IPPM in the relevant notice.
4.3 - In the event that the Kit is not delivered to the Customer despite a duly concluded Contract, whether for reasons on the part of IPPM or the transport service provider, the Customer shall be entitled to delivery of a new Kit at IPPM's expense. If the Customer does not agree to the delivery of a new Kit or is not interested in a new Kit, the Customer shall be entitled to withdraw from the Contract and shall be entitled to a full refund of the Price by IPPM in accordance with clause 7.13 of these GTC; for the avoidance of doubt, the application of clause 7.12 of these GTC shall be excluded in this case.
4.4 - IPPM shall not be liable for any delay in delivery or non-delivery of the Kit and for any damage caused to the Customer or a Third Party as a result of (i) the Customer's failure to properly check the Order, (ii) the Customer's failure to enter all the required data and/or (iii) the Customer's failure to fill in the Order Form correctly, (iv) or as a result of the reasonable impossibility of the delivery agent (Slovenská pošta, a. s., or other postal undertaking or transport company) to deliver the Kit, in particular in cases where the delivery address specified in the Order Form is located in places with an unpaved road surface, or in the event of non-acceptance of the Kit by the Customer, including non-acceptance during the storage period at the post office, or failure to reach the Customer at the delivery address.
4.5 - The risk of damage, accidental destruction and accidental deterioration of the Kit shall pass to the Customer upon acceptance of the Kit, irrespective of whether the Customer accepts the Kit in person or through a person authorised by the Customer. If the Customer should have collected the Kit from the carrier, the risk of accidental destruction and accidental deterioration of the purchased Kit shall pass to the Customer upon collection of the Kit at the place of delivery designated by the Customer.
V. SERVICE DELIVERY AND RESULTS
5.1 - The Customer acknowledges that the Kit will be delivered to the Customer and the Services will be provided to the Customer only upon receipt of payment of the Price for the IPPM Services by one of the methods set forth in Article VI, Section 6.4 of these GTC; the Price is payable in advance.
5.2 - Upon delivery of the Kit, the Customer is obliged to activate the subscription kit electronically (online) on the IPPM Website subpage "www.ippmclinic.com/en/activation". In order to activate the subscription kit, the Customer is required to enter the unique activation code of the subscription kit, which is included in the sent Kit.
5.3 - In connection with the provision of the Services, upon activation of the Subscription Kit, the Customer is also entitled to complete a questionnaire to the extent of the information requested by IPPM in the questionnaire.
5.4 - The Customer acknowledges that the data pursuant to clauses 5.2 and 5.3 of this article of the GTC, i.e. the activation code and the Customer's data from the questionnaire in a form in which it is not possible to identify a specific Customer (i.e. only to the extent of the activation code) are automatically sent to the Laboratory after submission by the Customer.
5.5 - After collection of the biological material (stool) in accordance with the Collection Instructions and activation of the collection kit in accordance with clause 5.2 of this article of the GTC and completion of the questionnaire in accordance with clause 5.3 of this article of the GTC, the Customer is obliged to send the collection tube that was part of the Kit together with the biological material (stool) to the Laboratory in an envelope with prepaid postage and the address of the Laboratory that is part of the Kit included in the envelope. After the collection of the biological material (stool), the Customer shall send the Sample to the Laboratory in accordance with the previous sentence immediately after its collection, but no later than 48 hours.
5.6 - The Customer acknowledges that IPPM shall not be liable to the Customer for damages arising from breach of the Subscription Instructions given by IPPM and/or as a result of failure to provide, withhold or provide false and incomplete information in the questionnaire pursuant to clause 5.3 of this article of the GTC and/or failure to send the Sample within the time limit pursuant to clause 5.5 of this article of the GTC. The Customer acknowledges that the Examination Result in such cases may be inaccurate, distorted and may not be of testimonial value.
5.7 - In the event that the Sample sent by the Customer is not delivered to the Laboratory, whether for reasons on the part of the Laboratory or the transport service provider, the Customer shall be entitled to delivery of a new Kit at IPPM's expense. In the event that the Customer does not agree to send a new Kit or is not interested in a new Kit, the Customer shall be entitled to withdraw from the Contract and shall be entitled to a full refund of the Price by IPPM in accordance with clause 7.13 of these GTC; for the avoidance of doubt, the application of clause 7.12 of these GTC shall be excluded in this case.
5.8 - Examination as part of the Services provided shall be carried out on the basis of a duly received Sample. The Customer is responsible for the accuracy, completeness and quality of the submitted Sample. The Customer guarantees to send the Sample with only its own biological material (stool).
5.9 - For the avoidance of doubt, the Customer acknowledges that the Examination is performed by a Laboratory that is a contractual partner of IPPM.
5.10 - The Laboratory is entitled to refuse to accept a Sample and to perform an Examination in the following cases:
a) if the Sample supplied has been taken in apparent contravention of the Collection Instructions;
(b) if the Sample supplied is so degraded that it cannot be or is not practicable to examine it;
(c) if the Sample collection container is contaminated with biological material or otherwise;
d) in other justified cases that give the Laboratory the right not to accept the Sample.
5.11 - If the Laboratory refuses to accept the Customer's Sample and to perform the Examination for the reasons set out in clause 5.10 of this article of the GTC, IPPM undertakes to inform the Customer of the said fact without delay.
5.12 - In the event that the Laboratory refuses to accept a Sample and perform an Examination due to fault on the part of the Customer (e.g. taking a Sample in violation of the Collection Instructions, etc.), the Customer expressly acknowledges that in this case he/she is not entitled to receive a new Kit or to a refund of the Price for the Services. In the event that Customer wishes to receive the Services, Customer shall be required to make a new Order for the Services.
5.13 - In the event that the Laboratory refuses to accept the Sample and perform the Examination due to fault on the part of IPPM (e.g. incorrect Collection Instructions, etc.) and/or the Laboratory, the Customer shall be entitled to receive a new Kit at IPPM's expense. In the event that the Customer does not agree to the sending of a new Kit or is not interested in a new Kit, the Customer shall be entitled to withdraw from the Contract and shall be entitled to a full refund of the Price by IPPM in accordance with clause 7.13 of these GTC; for the avoidance of doubt, the application of clause 7.12 of these GTC shall be excluded in this case.
5.14 - The results of the Examination shall be sent by IPPM to the Customer in electronic form to the Customer's email address provided by the Customer in the Order or in the Customer's Customer Account for this purpose within a period of six (6) weeks; in the case of holidays and public holidays, this period may be extended to ten (10) weeks. IPPM undertakes to inform the Customer immediately of any other reasonable extension of the time for delivery of the Results. The Customer acknowledges that the time limit under this clause of this GTC is set as the maximum time for delivery of the Examination Result and is calculated from the date of delivery of the Sample to the Laboratory, taken and delivered in accordance with the Collection Instructions.
5.15 - The results of the Examination are sent to the Customer in Slovak or English and encrypted. IPPM does not provide translation of the Results into any other language.
5.16 - IPPM shall not be liable for late delivery of the Deliverables, contrary to the time limit specified in clause 5.14 of this article of the GTC, or the time limit specified on the IPPM Website, and/or late provision of the Services in justified cases, such as:
a) force majeure pursuant to Article XI of these GTC;
b) in case of objective impossibility to perform the Examination on the part of the Laboratory (e.g. power failure, failure and necessity of repair of the instrument necessary for the Examination, etc.);
c) in the event of objective impossibility to provide the Services by IPPM (e.g. power failure, internet connection failure, etc.);
d) for reasons on the Customer's and/or Third Party's side (e.g. full Customer's and/or Third Party's email inbox to which the Examination Result cannot be delivered, Internet connection failure, network load, etc.);
e) in other justified cases (e.g. in case of loss of the Sample on the way to the Laboratory, significant delay of the transport service provider in transporting the Sample to the Laboratory, etc.).
5.17 - The Customer acknowledges that IPPM shall not be in default in the delivery of the Deliverables and/or the provision of the Services for the duration of the objective impediment pursuant to clause 5.16 of this Article of the Agreement. IPPM undertakes to inform the Customer promptly of the duration of the impediment and to provide the Customer with the Results and/or the Services promptly after the impediment has ceased to exist.
5.18 - In addition to the Examination, the Package of Services includes a Professional Consultation with an IPPM Specialist Doctor, which the Customer is entitled to avail of upon receipt of the Results. Appointments for the Expert Consultation can be made by sending a request to office@ippm.sk or via the online booking system available on the Website. The Expert Consultation on the Results of the Examination shall be provided at the Customer's request by electronic means online or by telephone for a duration of 45 minutes. In-person provision of the Expert Consultation is not performed by IPPM. The subject matter of the Expert Consultation is solely the interpretation and evaluation of the Results, and IPPM does not provide advice on any other matter in the Expert Consultation and is not obligated to answer the Customer's questions outside of the scope of the Services provided.
5.19 - The Customer acknowledges that the Expert Consultation can only be provided by IPPM for a specific Examination on a one-off basis, i.e. the Expert Consultation cannot be split into multiple time slots. In order to provide the Services in an efficient and timely manner, the Customer is obliged to meet the deadline for the provision of the part of the Service - Expert Consultation for which it has subscribed. The Customer is entitled to make any changes to the reservation of the Expert Consultation made by the Customer at least 24 hours in advance by sending an e-mail to the e-mail address office@ippm.sk. In the event of the Customer's non-appearance on the booked date for the Expert Consultation (e.g. if the Customer does not answer the phone, is not available or present for the video call, etc.), the Customer's Expert Consultation date shall be forfeited, without the Customer's right to any alternative Expert Consultation date, as well as without the Customer's right to a refund of the Price, or any part thereof.
5.20 - In the event that the Customer is late for an appointment to provide an Expert Consultation (does not pick up the phone on time, is not available or present for a video call, etc.), IPPM shall be entitled to provide the Customer with a modified abbreviated provision of the Expert Consultation. In this case, the Customer acknowledges that the Customer shall not be entitled to a refund of the Price or any aliquot amount of the Price.
5.21 - In the event that the Customer does not collect the Sample and/or does not send the Sample to the Laboratory and/or does not use the Services in full (e.g. does not use the Expert Consultation), IPPM's entitlement to reimbursement of the Price shall not be affected. For the avoidance of doubt, the Customer shall not be entitled in this case to a refund of the Price already paid or any part thereof.
5.22 - The Customer acknowledges that the Services are not the provision of health care and are not a substitute for a full medical examination and care.
VI. PRICE FOR SERVICES
6.1 - The provision of the IPPM Services is subject to a fee, in accordance with the Price List currently in force. The price for the Services does not include delivery, transportation or other reasonable charges. The Customer shall pay any additional charges to the Price depending on the type of delivery method and payment method chosen in connection with the Services Order from IPPM's current range of payment methods and forms of delivery.
6.2 - IPPM reserves the right to unilaterally change the Prices of the Services provided. For the Customer, the Price of the Services as set out in the Price List at the time of sending the Order to IPPM according to these GTC shall be valid.
6.3 - The Customer agrees to pay IPPM the Agreed Price for the Services. The Price for the Services, including any other costs (e.g. delivery costs, transport costs) will always be notified to the Customer prior to the dispatch of the Order and is payable in advance of the provision of the Services.
6.4 - The Customer may pay the Price for the Services in one of the following ways:
6.4.1. - payment on delivery (in case of Orders within the Slovak Republic);
6.4.2. - payment via the Payment Gateway on the Website;
6.4.3. - by transfer to the IPPM bank account.
6.5 - The Price shall be deemed to have been paid on the date on which the correct amount of funds is credited to IPPM's bank account. On the date of crediting the correct amount of funds to IPPM's bank account, the Customer shall have fulfilled its obligation to pay the Price associated with the provision of the Services.
6.6 - In the event that the Customer fails to pay the Price for the Services in full no later than 5 (five) Business Days after the Order has been placed (except for clause 6.4.1 of this Article of the GTC), IPPM shall automatically cancel the Customer's Order and the Order shall be deemed not to have been accepted, the Contract shall be deemed to have been cancelled and the Parties shall no longer be obliged to perform under the Contract in question.
6.7 - IPPM is not responsible for the quality and functionality of third party services, in particular but not exclusively the Payment Gateway provider.
6.8 - The Customer acknowledges that the electronic invoice issued by IPPM and delivered to the Customer's email address provided by the Customer as part of the Order process (or held in the Customer's Account) shall serve as proof of payment or the basis for payment of the Price, which the Customer expressly agrees to.
6.9 - The Customer acknowledges that he/she is not entitled to a refund of the Price for the Services already provided, even if he/she is not satisfied with the IPPM Services or does not agree with the IPPM Results and Expert Consultation, except as otherwise provided in these GTC and/or the Contract.
6.10 - For the avoidance of doubt, the Customer shall likewise not be entitled to a refund of the Price for the Services or any aliquot amount of the Price in the event that the Customer, for reasons attributable to the Customer, fails to use the Services provided by IPPM in their entirety, as part of a single package (e.g. if the Customer does not subsequently wish to receive the Professional Consultation already purchased, and uses only the Kit Delivery and Examination Services, etc.), except as otherwise provided in these GTC and/or the Contract.
VII. WITHDRAWAL FROM THE CONTRACT
7.1 - The Customer is entitled to withdraw from the Contract within 14 (fourteen) Days without giving any reason.
7.2 - The period for withdrawal from the Contract shall commence from the Date of delivery of the Kit to the Customer.
7.3 - The Customer is entitled to withdraw from the Contract, the subject of which is the provision of the Services, even before the commencement of the withdrawal period under clause 7.2 of these GTC.
7.4 - The Customer is also entitled to withdraw from the Contract (i) in other cases specified in these GTC, or (ii) for reasons provided for in generally binding legislation.
7.5 - The Customer acknowledges that it is not entitled to withdraw from the Contract, the subject of which is
a) the provision of the Services, if the provision of the Services has been commenced with the express consent of the Customer and the Customer has represented that it has been duly advised that the expression of such consent shall forfeit the right to withdraw from the Contract once the Services have been fully provided, and if the Services have been fully provided;
b) the provision of Services, the Price of which depends on price movements in the financial market which are beyond the control of IPPM and which may occur during the withdrawal period;
c) for other reasons exhaustively provided for in § 7 (6) of the Act on Consumer Protection in Distance Selling.
7.6 - Prior to the provision of any Services before the expiry of the withdrawal period under clause 7.1 of these GTC, or if the Customer requests the provision of the Services before the expiry of the withdrawal period under clause 7.1 of these GTC, IPPM shall instruct the Customer that (i) by agreeing to commence the provision of the Services before the expiry of the withdrawal period, the Customer shall lose the right to withdraw from the Contract once the Services have been fully provided and (ii) request the Customer's express consent to commence the provision of the Services before the expiry of the withdrawal period and a statement that the Customer has been duly advised of the foregoing. The Customer acknowledges that by providing such consent, the Customer shall lose the right to withdraw from the Contract once the Services have been fully provided. This is without prejudice to the Customer's right to withdraw from the Contract at a time prior to the full provision of the Services.
7.7 - Withdrawal from the Contract may be delivered by the Customer in writing to the address of IPPM's registered office: the Institute of Predictive and Personalized Medicine, s. r. o., Odbojárov 300/4, Tovarníky 955 01, Slovak Republic, or electronically (by e-mail) to the following e-mail address: office@ippm.sk
7.8 - In the event of withdrawal from the Contract, the Customer shall, within 14 (fourteen) Days from the date of withdrawal from the Contract at the latest, send the Kit back by post to the address of IPPM's registered office or hand it over in person to the person authorised by IPPM to collect the Kit. The time limit shall be deemed to have been observed even if the Kit is handed over for shipment no later than on the last day of the time limit.
7.9 - In the event of withdrawal from the Contract, the Customer shall be liable to IPPM for any diminution in the value of the Kit resulting from handling of the Kit which is beyond that necessary to establish the Kit's characteristics and functionality.
7.10 - The Customer is obliged to deliver the IPPM Kit and its contents clean, unused, undamaged, in the original packaging, including all its parts; otherwise, IPPM is entitled to claim damages from the Customer.
7.11 - The Customer acknowledges that in the event of cancellation of the Contract, the Customer shall bear the cost of returning the Kit to IPPM or the person authorised by IPPM to receive the Kit, as well as the cost of returning the Kit which, due to its nature, cannot be returned by postal delivery.
7.12 - If the Customer withdraws from the Contract, the subject matter of which is the provision of Services, and has given its express consent pursuant to clause 7.6 of these GTC prior to the commencement of the provision of Services, the Customer shall only be obliged to pay IPPM the Price for the performance actually provided up to the date of delivery of the notice of withdrawal from the Contract. The Price for the performance actually provided shall be calculated on a pro rata basis based on the total Price agreed in the Contract.
7.13 - In the event of a valid and effective withdrawal from the Contract pursuant to these GTC, IPPM shall refund to the Customer without undue delay, but no later than 14 (fourteen) Days from the date of receipt of the notice of withdrawal from the Contract, the total Price paid for the Services (which are the subject of the withdrawal) in full, including all payments received from the Customer, without applying any additional charges associated with the refund of the Price to the Customer, subject to clause 7.IPPM shall refund the Price for the Services to the Customer in the same manner as used by the Customer in its payment of the Price, unless the Parties agree otherwise.
7.14 - IPPM shall not be obliged to reimburse the Customer for additional costs if the Customer has expressly chosen a delivery method other than the cheapest normal delivery method offered by IPPM. Additional costs means the difference between the cost of delivery chosen by the Customer and the cost of the cheapest normal method of delivery offered by IPPM.
7.15 - On cancellation of the Contract, IPPM shall not be obliged to refund the Customer the Price for the Services before the Kit is delivered to the Customer or until the Customer proves that the Kit has been sent back to IPPM.
7.16 - The payment of the Service Fee on cancellation of the Contract paid in cash shall be rounded up to the nearest 5 Eurocents; the total balance of such unrounded payment which is less than half of 5 Eurocents shall be rounded down and the total balance of such unrounded payment which is equal to or greater than half of 5 Eurocents shall be rounded up. If such reimbursement is the sum of the prices for more than one Service, only the resulting reimbursement shall be so rounded. This reimbursement of 1 eurocent or 2 eurocents shall be rounded to the nearest 5 eurocents.
VIII. GIFT VOUCHERS
8.1 - The Gift Voucher is issued and offered for sale by IPPM on the Website. The Gift Voucher can only be redeemed for the Services provided - Sample Examination and Professional Consultation. The Gift Voucher can only be used once.
8.2 - Payment for the Gift Voucher can be made only in the manner specified in Article VI, clauses 6.4.2 and 6.4.3 of these GTC.
8.3 - Once a Gift Voucher has been purchased, the Gift Voucher will be delivered to the Customer (for the purposes of this article of the GTC, the Customer shall also be deemed to be the person who made the purchase of the Gift Voucher) exclusively electronically to the email address provided by the Customer as part of the order process for the Gift Voucher (or which is held in the Customer's account). A Gift Voucher is a so-called digital Gift Voucher and each Gift Voucher contains a unique code which is assigned to the relevant Gift Voucher. Delivery of a Gift Voucher in paper form is only possible at the specific request of the Customer.
8.4 - A Gift Voucher can be redeemed no later than the Gift Voucher Validity Period by making an Examination Order. The validity period of the Gift Voucher is 12 (twelve) months from the date of purchase, after the expiry of the validity period the Gift Voucher will expire and cannot be used, exchanged, extended or otherwise refunded.
8.5 - Under no circumstances can a Gift Voucher be exchanged for cash, nor can a bank transfer of funds be requested on the basis of the Gift Voucher.
8.6 - The gift voucher is transferable, i.e. it is not linked to the Customer and can be used by any Third Party.
8.7 - IPPM shall not be liable for any loss of Gift Voucher, theft, misuse, deletion, loss or delay in redemption.
8.8 - The Customer is entitled to withdraw from the purchase of the Gift Voucher within 14 (fourteen) Days without giving any reason, with the period starting from the Date of delivery of the Gift Voucher to the Customer. Only the Customer who made the purchase of the Gift Voucher shall be entitled to withdraw from the contract pursuant to the preceding sentence. The provisions of Article VII of these GTC shall apply mutatis mutandis to the return of the Gift Voucher.
IX. COMPLAINTS
The Customer's Complaints are subject to the Complaints Procedure, which is an integral part of these GTC.
X. DATA PROTECTION
10.1 - IPPM is the data controller of the personal data of Customers, Users, Third Parties and prospective users of the Services as data subjects and processes them in accordance with the GDPR and the Personal Data Protection Act.
10.2 - IPPM undertakes to comply with the provisions of the Data Protection Act. Further information on the processing of personal data by IPPM can be found on the Website in the section "Privacy Policy".
XI. HIGHER POWER
IPPM shall not be liable for any delay or failure to perform any obligation under these GTC and/or the Contract, nor for any damages caused as a result of any unexpected event beyond its control, in particular acts of God, fire, flood, war, civil war, sabotage, strike, laws, decrees, ordinances, regulations or orders of the state and other circumstances beyond the control of IPPM, or which are circumstances that exclude liability under the generally binding laws of the Slovak Republic.
XII. SALUTATORY CLAUSE
In the event that any provisions of these GTC and/or the Contract are or for any reason become invalid, ineffective or unenforceable (obsolete), this does not and shall not result in the invalidity, ineffectiveness or unenforceability of the remaining provisions of these GTC and/or the Contract. The Parties are obliged to negotiate in good faith to replace the invalid, ineffective or unenforceable provision in writing by another provision whose substantive content is identical or as similar as possible to the provision being replaced, while preserving the purpose and intent of these GTC and/or the Contract. Until such an agreement is concluded, and also in the event that no such agreement is concluded, other provisions of these GTC and/or the Contract shall apply to replace the invalid, ineffective or unenforceable provision and, if there are no such provisions, then the provisions of the relevant legislation in force and in force in the territory of the Slovak Republic which correspond to the criteria under the preceding sentence.
XIII. SUBMISSION
13.1 - In matters of communication and matters relating to these GTC or the Contract, IPPM primarily uses electronic communication (e-mail) as well as the Website. In cases where, pursuant to these GTC, it is foreseen to communicate facts by means of notifications via the Website, such notifications shall be deemed to have been communicated to the User or the Customer, as the case may be, by posting them on the Website in accordance with the terms of these GTC.
13.2 - For the purpose of contacting IPPM in accordance with these GTC and the Agreement, the User or the Customer is entitled to contact IPPM in the following manner:
Delivery address:
Institute of Predictive and Personalized Medicine, s. r. o., Odbojárov 300/4, Tovarníky 955 01, Slovak Republic
Kit return address:
Institute of Predictive and Personalized Medicine, s. r. o., Odbojárov 300/4, Tovarníky 955 01, Slovak Republic
Telephone number: +421 911 212 838
13.3 - Documents shall be delivered by post, courier or electronic means (e-mail) to the agreed address, to the address of the registered office, place of business or residence of the other Party, or to the address designated by the Parties for this purpose. The date of delivery in the case of delivery by courier service shall be the date on which the addressee has accepted or refused to accept the document. For the avoidance of any doubt, any written communication sent by post by IPPM to the Customer (or User, as the case may be) or by the Customer (or User, as the case may be) to IPPM shall be deemed to have been delivered to the addressee on the Date of receipt or return of the undelivered document. Documents delivered by email shall be deemed to have been delivered on the Date of dispatch unless a different date of delivery is proved.
XIV. RULING RIGHT
14.1 - These GTC and legal relations arising under them and/or the Contract, or related to these GTC and/or the Contract, including legal relations between IPPM and the User or the Customer, not expressly regulated by these GTC are governed by the law of the Slovak Republic, in particular the relevant provisions of the Civil Code, the Consumer Protection Act, the Act on Consumer Protection in Distance Selling and other applicable laws of the Slovak Republic.
If the User or Customer is an entity with a permanent residence, place of business or registered office outside the territory of the Slovak Republic, the choice of the applicable law to be applied between the User or Customer and IPPM shall be deemed to be the law of the Slovak Republic according to the preceding sentence, with the exception of Act No. 97/1963 Coll. on Private International Law and Procedure, as amended, and the conflict of laws rules or statutory provisions of the relevant regulations, which cannot be excluded.
Particularly if the Customer is a consumer from a country other than the Slovak Republic, and this country grants him/her a more favourable status than the Slovak legal system, i.e. if the legal system of the Customer's country offers the consumer a more effective protection option, or if the conflict of laws and statutory provisions on the protection of the Customer in the given country, which cannot be excluded, apply to these GTC and the given relationship, the legal system of the Customer's country. In any event, IPPM shall respect the rights of Customers that are guaranteed in their country of residence.
14.2 - All disputes arising out of or relating to the legal relationship between IPPM and the User or the Customer under the Contract and/or these GTC, including disputes concerning the validity, interpretation and termination of the Contract and/or the GTC, the Parties shall attempt to resolve by negotiation and agreement as a matter of priority. If no agreement is reached, the dispute shall be finally decided by a Slovak court on the basis of the rules of local, subject matter and functional jurisdiction under the Civil Procedure Code.
In the event that the User or Customer is an entity with a permanent residence, place of business or registered office outside the territory of the Slovak Republic, the arrangement under the preceding sentence shall be deemed to be an agreement which establishes, in accordance with the relevant legislation of the Slovak Republic and the European Union, the jurisdiction of the Slovak court to decide on any disputes, unless otherwise determined by applicable law (including international law). The Parties (including the User) in the present case have designated the general court of IPPM as the court having subject matter jurisdiction in the matter.
XV. FINAL PROVISIONS
15.1 - These GTC shall remain in force and effect for the entire duration of the legal relationship between the Customer and IPPM established by the Contract, until all claims arising therefrom have been settled in full. In such case, the GTC may only be amended with the express consent of the Customer and IPPM, unless otherwise specified by applicable law. For the avoidance of doubt, the Contract shall be governed by the GTC in force at the time the Customer's Order is sent to IPPM.
15.2 - IPPM is entitled to unilaterally change the GTC as well as other documents referred to in these GTC, provided that this does not affect clause 15.1 of these GTC. IPPM shall notify changes to the GTC by publishing them on the Website and/or by sending the change to the Customer's email address within the same time limit.
15.3 - The general market surveillance authority for consumer protection on the internal market is, according to Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments and Additions to Certain Acts:
Slovak Trade Inspection (SOI), SOI Inspectorate for Bratislava Region
with registered office at Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, Slovak Republic
Consumer Protection Department, tel. 02/58 27 21 33 - complaints, tel. 02/58 27 21 86 - online shop, internet, geoblocking
https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi