General Tearms and Conditions (GTC)
1) GENERAL
DNAthlete AG (hereinafter referred to as DNAthlete) works exclusively according to the following general terms and conditions. All agreements exceeding or deviating from these General Terms and Conditions (GTC) shall only become legally valid upon separate written agreement. Verbal agreements, which include regulations deviating from the general terms and conditions, are invalid in any case.
DNAthlete AG (hereinafter referred to as DNAthlete) works exclusively according to the following general terms and conditions. All agreements exceeding or deviating from these General Terms and Conditions (GTC) shall only become legally valid upon separate written agreement. Verbal agreements, which include regulations deviating from the general terms and conditions, are invalid in any case.
2) SERVICES
DNAthlete offers DNA tests and consulting in the course of the test results. The exact service content results from the respective service description on the website or from the written offer of DNAthlete . The service is provided by sending the analysis results, if applicable the findings to the customer and, if ordered, by consulting according to the offer. Irrespective of any recommendations in the analysis reports DNAthlete does not owe any specific success to the Client, especially not with regard to a specific change of the physical constitution of the Client. Unless otherwise agreed in writing, the start of the service provision shall be as soon as possible and in any case within seven (7) working days from the conclusion of the contract. The customer is informed that the genetic analysis takes approximately up to eight (8) weeks. The customer shall not be entitled to withdraw from the contract due to non-compliance with the performance period until he has granted DNAthlete a reasonable grace period of at least two (2) weeks in writing, unless a fixed delivery date has been expressly agreed upon. If a circumstance occurs which makes a significant delay in performance or the impossibility of performance probable, DNAthlete shall be entitled to withdraw from the contract. If DNAthlete is at fault for this delay in performance or is otherwise responsible for it, DNAthlete shall be liable for any damage caused thereby, but only if DNAthlete has caused this circumstance intentionally or by gross negligence.
DNAthlete offers DNA tests and consulting in the course of the test results. The exact service content results from the respective service description on the website or from the written offer of DNAthlete . The service is provided by sending the analysis results, if applicable the findings to the customer and, if ordered, by consulting according to the offer. Irrespective of any recommendations in the analysis reports DNAthlete does not owe any specific success to the Client, especially not with regard to a specific change of the physical constitution of the Client. Unless otherwise agreed in writing, the start of the service provision shall be as soon as possible and in any case within seven (7) working days from the conclusion of the contract. The customer is informed that the genetic analysis takes approximately up to eight (8) weeks. The customer shall not be entitled to withdraw from the contract due to non-compliance with the performance period until he has granted DNAthlete a reasonable grace period of at least two (2) weeks in writing, unless a fixed delivery date has been expressly agreed upon. If a circumstance occurs which makes a significant delay in performance or the impossibility of performance probable, DNAthlete shall be entitled to withdraw from the contract. If DNAthlete is at fault for this delay in performance or is otherwise responsible for it, DNAthlete shall be liable for any damage caused thereby, but only if DNAthlete has caused this circumstance intentionally or by gross negligence.
3) PRICES
The prices are valid for the respective contract. The price includes the legal sales tax, unless it is visibly labeled otherwise. The customer does not incur any additional costs when ordering by using the means of remote communication.
The prices are valid for the respective contract. The price includes the legal sales tax, unless it is visibly labeled otherwise. The customer does not incur any additional costs when ordering by using the means of remote communication.
4) CONCLUSION OF CONTRACT
By placing an order, the customer makes a binding offer to enter into a contract. The Customer's offer shall remain binding for a period of two (2) weeks from the date of receipt of the offer. The sender confirms that if the patient/customer is not clearly stated as the contract offeror in the order form and the patient/customer has not made all the necessary declarations in the order form in the places provided, the sender is the contract offeror and thus becomes the contractual partner. This also applies in the event that the sender acts as the invoice addressee. The customer agrees that the execution of the service will be started within seven working days. Delivery and shipping costs for the transmission of the service depend on the location and are clearly indicated in the application forms. Effects of the Genetic Engineering Law / Genetic Diagnostics Law: The patient's option to state that he/she does not wish to know the result of the analysis and the consequences that can be derived from it has no influence on the contract concluded, regardless of whether he/she is the contractual partner or the contract was concluded between the sender and the provider. If the patient/customer withdraws his/her given consent to the genetic analysis, DNAthlete will stop all activities and will be released from its service provision. If the performance of the service has already been started, the costs in the amount of 50% of the purchase price shall be paid as an expense allowance.
By placing an order, the customer makes a binding offer to enter into a contract. The Customer's offer shall remain binding for a period of two (2) weeks from the date of receipt of the offer. The sender confirms that if the patient/customer is not clearly stated as the contract offeror in the order form and the patient/customer has not made all the necessary declarations in the order form in the places provided, the sender is the contract offeror and thus becomes the contractual partner. This also applies in the event that the sender acts as the invoice addressee. The customer agrees that the execution of the service will be started within seven working days. Delivery and shipping costs for the transmission of the service depend on the location and are clearly indicated in the application forms. Effects of the Genetic Engineering Law / Genetic Diagnostics Law: The patient's option to state that he/she does not wish to know the result of the analysis and the consequences that can be derived from it has no influence on the contract concluded, regardless of whether he/she is the contractual partner or the contract was concluded between the sender and the provider. If the patient/customer withdraws his/her given consent to the genetic analysis, DNAthlete will stop all activities and will be released from its service provision. If the performance of the service has already been started, the costs in the amount of 50% of the purchase price shall be paid as an expense allowance.
5) PAYMENT
The full invoice amount shall be paid immediately upon receipt of the invoice in the currency specified in the invoice. Especially in case of payment outside Liechtenstein the customer shall ensure that the invoice amount arrives in full without deductions on the account of DNAthlete, so that especially in case of foreign bank transfers the customer shall bear all expenses. In case of default, the debt shall be subject to interest at a rate of 5% above the prime rate. In case of default of payment all expenses related to the monitoring and collection of the debt, such as reminder fees, collection fees, the costs of engaging a lawyer, also for his extrajudicial activities or other costs necessary for an appropriate prosecution, shall be borne by the customer.
The full invoice amount shall be paid immediately upon receipt of the invoice in the currency specified in the invoice. Especially in case of payment outside Liechtenstein the customer shall ensure that the invoice amount arrives in full without deductions on the account of DNAthlete, so that especially in case of foreign bank transfers the customer shall bear all expenses. In case of default, the debt shall be subject to interest at a rate of 5% above the prime rate. In case of default of payment all expenses related to the monitoring and collection of the debt, such as reminder fees, collection fees, the costs of engaging a lawyer, also for his extrajudicial activities or other costs necessary for an appropriate prosecution, shall be borne by the customer.
6) RIGHT OF WITHDRAWAL
If the contract is concluded by distance selling, the customer has the possibility to withdraw from the contract within 14 days from the conclusion of the contract without giving reasons. The withdrawal does not have to contain any reason and it has to be done in written form to info@DNAthlete .li. In order to meet the deadline, it is sufficient to send it in time. After the end of the withdrawal period, the customer has forfeited the possibility to withdraw from the contract.
If the contract is concluded by distance selling, the customer has the possibility to withdraw from the contract within 14 days from the conclusion of the contract without giving reasons. The withdrawal does not have to contain any reason and it has to be done in written form to info@DNAthlete .li. In order to meet the deadline, it is sufficient to send it in time. After the end of the withdrawal period, the customer has forfeited the possibility to withdraw from the contract.
7) LOSS OR FAILURE OF THE SAMPLE
If the sample sent by the customer is destroyed, damaged, altered or lost during transport, this is the sole responsibility of the customer. If the sample is damaged or altered during transport and the result is incorrect or faulty, DNAthlete shall not be liable for this. If no DNA can be isolated from samples, then the customer agrees to provide a sample again without being able to claim costs or compensation.
If the sample sent by the customer is destroyed, damaged, altered or lost during transport, this is the sole responsibility of the customer. If the sample is damaged or altered during transport and the result is incorrect or faulty, DNAthlete shall not be liable for this. If no DNA can be isolated from samples, then the customer agrees to provide a sample again without being able to claim costs or compensation.
8) LIMITATION OF LIABILITY
DNAthlete shall only be liable for damages incurred by the Client due to gross negligence or intent on the part of DNAthlete. Liability for slight negligence, compensation for consequential damages and pecuniary losses, unrealized profits, loss of interest and damages resulting from third party claims against the Customer shall be excluded. A claim for compensation for late or non-performance shall be due to the Buyer at most to the amount of the damage actually incurred and only if DNAthlete is responsible for intent or at least gross negligence. Consumers and senders are advised that the recommendations given are guidelines and recommendations for various actions, but the implementation is always the responsibility of the customer and/or his treating physician, therapist, physiotherapist or similar. We would like to point out that the results of genetic analyses are statistical probabilities and the results of genetic analyses are a technical evaluation. DNAthlete commissions a certified laboratory to perform the genetic analyses. These genetic analyses are always carried out according to the latest state of the art, however, the contracted laboratory reserves a 1% error rate. Furthermore, we would like to point out that DNAthlete excludes any liability claims that might arise due to future or present diseases. The prevention and action programs offered by DNAthlete can often reduce a risk of disease, but cannot completely eliminate it. Thus, it is possible for a disease to develop despite adherence to the preventive measures. The medical statements and recommendations are based on scientific publications, which can be requested at info@DNAthlete .li. These have been evaluated to the best of our knowledge and belief and are considered accurate, but should not necessarily be viewed by the consumer as the last and final state of science. It is theoretically possible that future genetic studies may come to a different conclusion and call into question the findings and recommendations made. Liability based on new scientific findings is therefore excluded. Consumers are cautioned that in addition to the common genetic variations detected by DNAthlete, other rare genetic variations may be present. These variations could potentially influence the genetic variations to be analyzed positively or negatively, so that in these cases no reliable statement about the gene variation can be made. If this is the case, the analysis will be repeated and confirmed at least 3 times and then declared as "Medically not known - impact unclear and therefore declared wild type until new science proves otherwise". This also applies to cases where all analyzed gene fragments give good results and a specific gene analysis fails 3 times because due to genetic alterations, the relevant DNA segment cannot be evaluated.
DNAthlete shall only be liable for damages incurred by the Client due to gross negligence or intent on the part of DNAthlete. Liability for slight negligence, compensation for consequential damages and pecuniary losses, unrealized profits, loss of interest and damages resulting from third party claims against the Customer shall be excluded. A claim for compensation for late or non-performance shall be due to the Buyer at most to the amount of the damage actually incurred and only if DNAthlete is responsible for intent or at least gross negligence. Consumers and senders are advised that the recommendations given are guidelines and recommendations for various actions, but the implementation is always the responsibility of the customer and/or his treating physician, therapist, physiotherapist or similar. We would like to point out that the results of genetic analyses are statistical probabilities and the results of genetic analyses are a technical evaluation. DNAthlete commissions a certified laboratory to perform the genetic analyses. These genetic analyses are always carried out according to the latest state of the art, however, the contracted laboratory reserves a 1% error rate. Furthermore, we would like to point out that DNAthlete excludes any liability claims that might arise due to future or present diseases. The prevention and action programs offered by DNAthlete can often reduce a risk of disease, but cannot completely eliminate it. Thus, it is possible for a disease to develop despite adherence to the preventive measures. The medical statements and recommendations are based on scientific publications, which can be requested at info@DNAthlete .li. These have been evaluated to the best of our knowledge and belief and are considered accurate, but should not necessarily be viewed by the consumer as the last and final state of science. It is theoretically possible that future genetic studies may come to a different conclusion and call into question the findings and recommendations made. Liability based on new scientific findings is therefore excluded. Consumers are cautioned that in addition to the common genetic variations detected by DNAthlete, other rare genetic variations may be present. These variations could potentially influence the genetic variations to be analyzed positively or negatively, so that in these cases no reliable statement about the gene variation can be made. If this is the case, the analysis will be repeated and confirmed at least 3 times and then declared as "Medically not known - impact unclear and therefore declared wild type until new science proves otherwise". This also applies to cases where all analyzed gene fragments give good results and a specific gene analysis fails 3 times because due to genetic alterations, the relevant DNA segment cannot be evaluated.
9) CONFIDENTIALITY
DNAthlete commits itself to keep all data, business secrets etc., which become known through the cooperation with the client, secret from third parties. to third parties.
DNAthlete commits itself to keep all data, business secrets etc., which become known through the cooperation with the client, secret from third parties. to third parties.
10) COMPETITION CLAUSE
Unless otherwise agreed, DNAthlete shall not be subject to any restriction whatsoever in working on the same or similar projects of different Clients.
Unless otherwise agreed, DNAthlete shall not be subject to any restriction whatsoever in working on the same or similar projects of different Clients.
11) PLACE OF PERFORMANCE, JURISDICTION AND APPLICABLE LAW
Place of performance shall be the registered office of DNAthlete . For all disputes arising out of or in connection with these GTC and/or the contractual relationship between DNAthlete and the Client, the contracting parties agree on the exclusive jurisdiction of the competent court in the Principality of Liechtenstein. All disputes arising out of or in connection with these GTC and/or the contractual relationship between DNAthlete and the Client shall be governed exclusively by Liechtenstein law, excluding the UN Convention on Contracts for the International Sale of Goods. This shall also apply to questions concerning the formation and interpretation of these GTC and the contract.
Place of performance shall be the registered office of DNAthlete . For all disputes arising out of or in connection with these GTC and/or the contractual relationship between DNAthlete and the Client, the contracting parties agree on the exclusive jurisdiction of the competent court in the Principality of Liechtenstein. All disputes arising out of or in connection with these GTC and/or the contractual relationship between DNAthlete and the Client shall be governed exclusively by Liechtenstein law, excluding the UN Convention on Contracts for the International Sale of Goods. This shall also apply to questions concerning the formation and interpretation of these GTC and the contract.
Schaan, September 2022