DNA VITALITY TERMS AND CONDITIONS

 BACKGROUND:

 

These Terms and Conditions are the standard terms for the provision of services by Genes For Life Limited (trading as DNAVitality), a company registered in England with Company Registration Number 08967242 whose registered office is at 1st Floor, 18 Hanover Street, London W1S 1YN.

 

1.            Definitions and Interpretation

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services, as explained in Clause 2;
 
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for Services which We may offer from time to time;
“Order” means your order for the Services;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 2;
“We/Us/Our” means Genes for Life Limited, a company registered in England with company number 08967242 whose registered office is at 1st Floor, 18 Hanover Street, London W1S 1YN and includes all directors, officers, employees, sub-contractors and agents Genes for Life Limited.

 

1.2          Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

 

2.            The Contract

2.1          These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you.  Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please contact Us for clarification.

2.2          Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at our discretion, accept.

2.3          A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation.  Order Confirmations will be provided in writing by email to the address you provide.

2.4          By purchasing Services from Us, you confirm that you are familiar with the contents of these Terms and Conditions and that you consent to them, the applicable pricelist, and the description of Services and that you accept all obligations arising therefrom.

 

3.            Orders and Cancellations

3.1          All Orders for Services made by you will be subject to these Terms and Conditions.

3.2          You may change your Order at any time before We begin providing the Services by contacting Us.  If your Order is changed We will inform you of any change to the Price in writing.

3.3          If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period.  This period begins once your order is confirmed and the contract between Us and you is formed and ends at the end of 14 calendar days after that date.  If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately via email to contact@dnavitality.com    You will need to return any sampling kit sent to you unopened.  As these are sealed for health protection and hygiene reasons if the seals are broken we are unable to accept any cancellation if the seals have been broken.

3.4          If the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:

3.4.1     If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.

3.4.2     If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel.  The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided.  Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing.  Refunds, where applicable, will be issued no later than 14 calendar days after you inform Us that you wish to cancel.

3.5          We may cancel your Order at any time before We begin providing the Services in the following circumstances:

3.5.1     The required personnel and/or required materials necessary for the provision of the Services are not available; or

3.5.2     An event outside of Our control continues for more than 28 days (please see Clause 8 for events outside of Our control).

3.6          If We cancel your Order before We begin providing the Services under sub-Clause 3.5 and you have already made any payments to Us under Clause 4 the payment(s) will be refunded to you within 14 days.  If We cancel your Order, the cancellation will be confirmed by Us in writing.

 

4.            Price and Payment

4.1          The Price of the Services will be that shown on Our website in place at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

4.2          If We quote a Special Price which is different to the Price shown on Our current website, the Special Price will be valid for the period shown in the quote or advertisement.  Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

4.3          Our Prices may change at any time but these changes will not affect Orders that We have already accepted.

4.4          All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.

4.5          Before We begin providing the Services, you will be required to pay the total Price for the Services.

4.6          In certain circumstances, if your Order is cancelled, your payment will be refunded in full or in part.  The amount due will be calculated based upon the Price for the Services, Our pricelist, and the amount of work (if any) already undertaken by Us.  Please refer to sub-Clause 3.4 if you cancel your Order, or to sub-Clauses 3.5 and 3.6 if We cancel your Order.

4.7          We accept the following methods of payment: Visa, Mastercard, Visa Debit, or Carte Bleue via Paypal Pro

4.8          Credit and/or debit cards will be charged at the point We accept your Order.

 

5.            Providing the Services

5.1          Provision of Services shall commence from the date we receive your Order, and  you expressly acknowledge that your statutory cancellation rights, will be affected in accordance with clause 3.

5.2          We will make every reasonable effort to complete the Services as quickly as reasonably possible.  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 8 for events outside of Our control.

5.3          If We require any information or material from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.  Depending upon the exact nature of the Services you require from Us, We may require materials such as swabs.

5.4          If the information or materials you provide under sub-Clause 5.3 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.

5.5          In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue.  Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.

5.6          To commence the provision of the Services We shall deliver to you at the address specified by you, a DNA sample collection kit with the appropriate instructions. . You understand and agree that the taking of samples of your genetic material is not part of Our Services (as this is performed by you) and as a result, We are not responsible for the taking/sampling of your genetic material. Following receipt of all data requested by the web form during registration and after We receive the collection kit from you, completion of provision of Our Services shall take between six (6) to eight (8) weeks. You must return the collection kit to Us within six (6) months of the Order, otherwise We shall not be bound to provide the Services and you will not be entitled to a refund of any monies paid.

5.7          The Services are intended to be used by healthy individuals. Persons with any kind of health problems are strongly advised that prior to Order they should consult with their doctor about possible risks and side effects.  Our Services are not appropriate for, and should not be ordered by, children, under-aged persons, pregnantwomen, nursing mothers, patients with diabetes and persons with thyroid problems.  In addition, you should be are aware that the results and interpretations of the Services may cause negative emotional reactions.  If you have diagnosed emotional and mental disorders you should consult your doctor or other medical professional before placing an Order.  By placing your Order you warrant and represent to us that you are in good health, or have consulted with your doctor about possible risks and side effects, and that you are over 18 years old, and are not pregnant or nursing and do not have diabetes or thyroid problems.

 

6.            Problems with the Services

6.1          We always use reasonable efforts to ensure that Our provision of the Services is trouble-free.  If, however, there is a problem with the Services we request that you inform Us as soon as is reasonably possible.

6.2          We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.

6.3          We will not charge you for remedying problems under this Clause 6 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault.  If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 5.4 will apply and We may charge you for remedial work.

6.4          As a consumer, you have certain legal rights with respect to the purchase of services.  We are, for example, required to provide the Services with reasonable care and skill.  You also have remedies if We use materials that are faulty or incorrectly described.  More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.

 

7.            Our Liability

7.1          The Services and all accompanying recommendations and conclusions are no substitute for medical diagnosis, medical treatment, medical recommendations and visits to other official medical institutions and their recommendations with regard to the use of medicines, nutrition, lifestyle and the methods of treatment. The Services are of an informative nature only, and provide individualised information on genetic characteristics that may serve preventive purposes and ensure timely visits as well as seeking recommendations from your GP. We are not obligated to provide medical treatment, medical advice or other medical services or to perform other services not explicitly agreed in the Order.

7.2          Save as set out in clause 7.4, We shall not be responsible for any loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence, whether such loss or damage is foreseeable or not.

7.3          We provide Services for domestic and private use (or purposes).  We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale).  By making your Order, you agree that you will not use the Services for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

7.4          Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

7.5          Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:

7.5.1     Breach of your right to title and quiet possession as implied by section 2 of the Supply of Goods and Services Act 1982;

7.5.2     Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; and

7.5.3     Our liability relating to defective products as set out in the Consumer Protection Act 1987.

7.6          Any potential liability for damages arising from an individual Order is limited to the amount paid by you pursuant to the Order.

 

8.            Events Outside of Our Control (Force Majeure)

8.1          We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.

8.2          If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

8.2.1     We will inform you as soon as is reasonably possible;

8.2.2     Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

8.2.3     We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

8.2.4     If the event outside of Our control continues for more than 28 days We may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

8.2.5     If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 9.3.3.

 

9.            Communication and Contact Details

9.1          If you wish to contact Us with questions or complaints, you may contact Us by by email at contact@dnavitality.com.

9.2          In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services).  When contacting Us in writing you may use the following methods:

9.2.1     Contact Us by email at contact@dnavitality.com; or

9.2.2     Contact Us by pre-paid post at

,

DNA Vitality
93 Water Lane
Leeds
LS11 5QN

 

10.         How We Use Your Personal Information (Data Protection)

10.1       All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

10.2       We may use your personal information to:

10.2.1   Provide Our Services to you;

10.2.2   Process your payment for the Services;

10.2.3   Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time;

10.3       We will not pass on your personal information to any other third parties without first obtaining your express permission.

 

11.         Other Important Terms

11.1       We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Ourobligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

11.2       You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

11.3       The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

11.4       If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

11.5       No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

12.         Governing Law and Jurisdiction

12.1       These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

12.2       Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.