1. Scope and validity of the Terms of Sale
1.1. These Genorama Online Store Terms of Sale constitute as a legally binding agreement made between a person or an entity (hereinafter the Buyer) making the purchase of the Testing Service (hereinafter the Service) in the Genorama Online Store, and the owner of the Genorama Online Store located at the internet address: www.genorama.com, being Genorama LLC, registry code 11538292, address Vaksali 17a, Tartu 50410, phone: +3727307295, email: email@example.com (hereinafter Genorama). The Buyer and Genorama hereinafter jointly referred to as the Parties.
1.2. The Buyer confirms to have read and agrees to comply with the Terms of Sale and treats them as binding prior to entering into the Sale and Purchase transaction of the Service rendered by Genorama. The Buyer who does not agree with the Terms of Sale will not be able to make a Sale and Purchase transaction in the Genorama Online Store.
1.3. Genorama is entitled to modify, supplement or amend the Terms of Sale at any time and for any reason. All modifications or supplements of the Terms of Sale are available on the Genorama Website and shall take effect immediately upon the publication of such modification or supplement on the Genorama Website.
1.4. All Personal Data of the Buyer disclosed during the Sale and Purchase transaction in the Genorama Online Store shall be treated as confidential.
1.5. Any issues not regulated by the Terms of Sale shall be governed by the legal acts of the Republic of Estonia.
2. Sale of the Services
2.1. A Service sold in the Genorama Online Store is subject to the price shown on the Genorama Website.
2.2. The price of the Service is specified in euros and includes 20% VAT(value added tax). If VAT rate changes, the price of the Service shall be adjusted by the change in VAT rate.
2.3. The price of the Service includes the fee for the mail delivery of the Sample Collection kit to the Buyer and for returning the Collected Sample to Genorama (except circumstances stipulated in Section 2.5).
2.4. In case, the Buyer wishes to receive the Sample Collection kit through Itella SmartPOST parcel terminal (applicable only to the delivery destinations in the Republic of Estonia), the shipping cost shall be added to the price of the Service. Returning the Collected Sample to Genorama through Itella SmartPOST parcel terminal is without charge within 14 (fourteen) days using the same door code as for receiving the parcel.
2.5. In case, the Buyer wishes to receive the Sample Collection kit and return the Collected Sample to Genorama in a manner different from that described on the Genorama Website, the Buyer shall pay for the delivery and return at the amount agreed in advance with Genorama.
2.6. If the destination for sending the Sample Collection kit is other than the Republic of Estonia, the Buyer shall pay for the return of the Collected Sample to Genorama.
2.7. Genorama is entitled to change the price of the Service at any time without any prior notice. If the order has been placed prior to the effective date of the price change, the price valid on the order date shall apply to the Service.
2.8. The Buyer shall pay for the Service according to the valid price. Genorama accepts the following forms of payment: PayPal, credit card (Visa, MasterCard), bank links (Swedbank, SEB, Luminor, LHV, Coop; applicable only in the Republic of Estonia).
When processing personal data, Genorama is the data controller. Genorama shall pass the data needed for payment processing to Maksekeskus Ltd who acts as a data processor.
3. Placing an Order, Conclusion of Sales and Purchase transaction
3.1. The Buyer can be a private or a legal person with legal capacity. By placing an Order, the Buyer confirms to have the legal capacity and/or authorization to perform the transaction. The Buyer with restricted legal capacity (ie. a person under 18 years of age), by accepting the Terms of Sale, confirms that their legal representative has given their consent to conclude the transaction and use the necessary funds.
3.2. The shopping cart is created when the Buyer clicks the “Order” button next to the Service. Adding a Service in the Shopping Cart does not oblige to purchase the Service. The content of the shopping cart can be changed at any time. Before submitting the order, the Buyer can change, add or remove Service and cancel the purchase.
3.3. To place an order in the Genorama Online Store, the Buyer shall click on the “Submit Order” button on the Shopping Cart page. When placing an Order, the Buyer shall fill in a virtual form with the personal data (first name, last name, the destination of the Sample Collection kit: city, address, postal code; contact phone number, email address; in case of a legal entity, the business name of the legal entity).
3.5. The order shall be deemed confirmed upon the Buyer has paid for the order placed in the Genorama Online Store. The Buyer shall receive an Order confirmation and a payment receipt by email.
3.6. A Sales and Purchase Transaction shall be deemed to have been concluded upon sending an Order confirmation to the Buyer’s email address.
4. Order Processing
4.1. Genorama shall deliver the Sample Collection Kit to the Buyer by mail or Itella SmartPOST parcel terminal (except the destination for sending the Sample Collection kit is outside the Republic of Estonia) according to the Buyer’s choice made in the Genorama Online Store.
4.2. Genorama shall arrange the delivery of the Sample Collection Kit to the Buyer within 3 (three) business days from the confirmation of the Order, unless the deadline cannot be met due to unforeseen circumstances beyond the control of Genorama.
4.3. If the destination for sending the Sample Collection kit is outside the Republic of Estonia, the specific terms and practices of delivery of the Sample Collection Kit will depend on the courier service provider and will be beyond the control or foreseeability of Genorama.
4.4. Genorama shall not be liable for delay in delivery or non-delivery of the Sample Collection Kit due to inaccurate information provided by the Buyer when placing the Order.
4.5. Genorama shall notify the Buyer of receiving the Sample Material by sending a confirmation letter to the Buyer’s email address. Turnaround time (TAT) of the Service is described on the Genorama Website. TAT shall be counted from the time of receipt of the Sample Material in laboratory of Genorama.
4.6. The delivery deadline of the Service may be delayed due to the circumstances beyond the control or foreseeability of Genorama including technical failures and Force Majeure (Force Majeure, as stipulated in Section 6.2.).
4.7. If the applicable TAT of the Service is exceeded due to technical failures longer than 10 (ten) business days, the Buyer shall be entitled to withdraw from the Sales and Purchase Transaction and to claim a refund for the payment for the Service.
4.8. The Service shall be deemed completed upon the delivery of the results to the Buyer’s email address.
5. Withdrawal from the Sales and Purchase Transaction
5.1. The Buyer has the right to cancel the Order before the Sample Material has been received by Genorama.
5.2. To exercise the Order cancellation right, the Buyer shall notify Genorama of the cancellation decision in writing via email firstname.lastname@example.org
5.3. In case the Buyer cancels the Order after the Sample Collection Kit has been sent to the Buyer, Genorama shall refund 75% of the payment for the Service to the Buyer’s bank account within 14 (fourteen) calendar days from the cancellation request received by Genorama.
5.4. The Buyer has the right to refuse to know the results of the Service by notifying Genorama in writing before the results are sent to the Buyer. The refusal to know the results shall not entitle the Buyer to claim a refund for the payment for the Service.
6. Liability and Force Majeure
6.1. Genorama and the Buyer shall be liable for damages to the other Party when violating these Terms of Sale and to the extent provided by the legislation of the Republic of Estonia.
6.2. Genorama shall not be liable for any damage to the Buyer, if delay in delivery of the Service is due to the circumstances beyond the control or foreseeability of Genorama including technical failures and Force Majeure. Force Majeure shall mean all unavoidable and unforeseeable events beyond the reasonable control of Genorama. Such events shall include general blackouts, fires, explosions, natural disasters and other events which are accepted as Force Majeure in general international practice.
7. Settlement of disputes
7.1. All claims by the Buyer against the Genorama’s Service shall be sent in writing to email@example.com.
7.2. The Buyer and Genorama shall attempt to resolve all disputes relating to this Sales and Purchase Transaction by negotiations. If the Parties fail to resolve the disputes relating to this Sales and Purchase Transaction with negotiations, the Buyer is entitled to contact the European Union Consumer Dispute Resolution Platform.