Terms and conditions

GenX Laboratory s.r.o., with its registered office at Pitterova 2855/9b, Žižkov, 130 00 Prague 3, ID No. 17793190, is registered in the Commercial Register maintained by the Municipal Court in Prague, under file No. C 376802 (hereinafter referred to as the "Company"). The Company is a business corporation that offers and sells mainly dietary supplements (hereinafter referred to as "Products") and is also a provider of health services within the meaning of Section 2(1) of Act No. 372/2011 Coll., on Health Services and Conditions of Their Provision, as amended (hereinafter referred to as the "Health Services Act").

Company contact details:

Delivery address: Pitterova 2855/9b, Žižkov, 130 00 Prague 3, Email: info@genx.cz, Phone: +420 731 007 192.

Facility related to the provision of health services: Majerského 2035/15, 149 00 Prague 11

Introductory provisions

1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the Company regulate, in accordance with the provision of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "CC"), the mutual rights and obligations arising in connection with or on the basis of a service contract concluded between the Company as a business entity and a provider of health services and a natural person as a consumer or on the basis of a purchase contract concluded between the Company as a seller (also referred to as the "Seller") and a natural person as a consumer through the Company's online store, which also includes the intermediation of trade, services, and products. The Company, among other things, mediates the implementation of laboratory examinations, namely the collection of a biological sample and its laboratory processing (hereinafter referred to as the "Service"). The online store is operated by the Company on the website located at the Internet address https://genx.cz (hereinafter referred to as the "Website"), through the website interface (hereinafter referred to as the "Web Interface of the Store").
1.2 The Terms and Conditions apply exclusively to end customers - consumers (hereinafter referred to as "Consumer") and do not apply to legal entities or individuals who use these services or products within their business activities.

1.3 The Terms and Conditions are an integral part of the purchase contract or contract for the provision of health services and are available in the Czech language. The Company may unilaterally change or supplement the wording of the Terms and Conditions at any time. Rights and obligations arising during the validity of the previous versions of the Terms and Conditions are not affected.

Customer account

2.1 By registering in the online store, the Consumer may order Products or Services (hereinafter referred to as the "Customer Account") and, if the Web Interface of the store allows it, place orders without registration to the Web Interface of the store.
2.2 The Consumer is obliged to provide accurate and truthful information during registration in the Web Interface of the store. The Customer Account is protected by a username and password, and the Consumer is required to maintain confidentiality regarding the information necessary to access his user account. The Consumer may not allow third parties to use their customer account.

2.3 The Company may cancel the user account in the event that it is not used for more than 1 year or in the case of breach of obligations from the contract, including the Terms and Conditions, by the Consumer.

2.4 The Consumer acknowledges that the customer account may not be continuously available due to necessary maintenance of the hardware or software equipment of the Company or the operator of the Web Interface of the store.

Conclusion of the Contract

3.1 The presentation and information provided in the Web Interface of the store are of an informative character, and the Company is not obliged to enter into a contract regarding this Service or Product. The provision of Section 1732(2) of the CC does not apply.
3.2 The Web Interface of the store presents and offers Services and Products including the indication of their prices. The price of some Services is available upon request. The prices of Services and Products are valid for the duration of their display in the Web Interface of the store. This does not exclude the possibility of the Company entering into a contract under individually negotiated conditions.

3.3 To order Services or Products, the Consumer fills in an order in the Web Interface of the store, and for some Services, requests their price. An order can be placed through logging into the Customer Account or without registration. The order contains, in particular, information about the ordered Service or Product ("placing" the Product or Service by the Consumer into the shopping cart in the Web Interface of the store), 

the method of payment of the purchase price for the Service or Product, details about the desired method of delivery of the Service or Product (possibly choosing a collection point) as well as the price of costs associated with the delivery or provision of the Service or Product (hereinafter referred to as the "Order"). The Consumer is obliged to fill in all required information carefully and correctly in the Order. The Consumer bears full responsibility for the consequences caused by entering incorrect or false information in the Order or Customer Account.

3.4 Before the final submission of the Order, the Consumer is invited to check the information inserted by the Consumer into the Order. The Consumer has the opportunity to correct or change the inserted data. The Order is sent by the Consumer by clicking on the “Order with obligation to pay” button. The Company considers the data sent by the Consumer in the Order as correct. Upon receipt of the Order, the Company will send an email to the Consumer confirming the Order to the email address inserted by the Consumer when creating the Order.

3.5 The contractual relationship between the Company and the Consumer is established by the delivery of the Order confirmation to the Consumer's email address. The Consumer agrees to conclude the contract remotely using communication means. The costs incurred by the Consumer in using means of distance communication in connection with the conclusion of the contract (internet connection, telephone calls, etc.) are paid by the Consumer himself.

Prices of services and products, payment conditions, place, and time of provision of the service or delivery of the product

4.1 The prices of Services and Products are available on the Web Interface of the store. The prices of some Services are available upon request. The Service is provided exclusively for the purpose of health prevention.
4.2 The value-added tax (VAT) rate applied to the price of Products follows the Act No. 235/2004 Coll., on VAT, as amended (hereinafter referred to as the "VAT Act"). The price of the Service or Products can be paid to the Company by:

Cashless payment by credit card – online payment via a payment gateway using a credit card. The operator of the payment gateway is Comgate payments, a.s., with its registered office at OC Aupark, Gočárova tř. 1754/48a, Pražské Předměstí, 500 02 Hradec Králové, ID No.: 27924505, VAT No.: CZ27924505, Tel.: +420 228 224 267, Email: podpora@comgate.cz (hereinafter referred to as the “Comgate company”).
4.3 In the case of cashless payment, the Consumer is obliged to pay the price of the Services or Products together with the indication of the payment variable symbol.

4.4 Discounts on the price of the Service or Products provided by the Company to the Consumer cannot be combined.

4.5 Regarding payments made based on the contract, the Company will issue a tax document to the Consumer. The Company is a VAT payer. The Company will issue the tax document to the Consumer after the order has been paid and will send it in electronic form to the Consumer's email address.

4.6 The Products sold and the means necessary for providing the Service are dispatched by a transportation company chosen by the Consumer. In case of damage to the shipment, the Consumer is obliged to report this fact to the transportation company and the Company. The delivery costs are borne by the Consumer and depend on the chosen transportation company.

4.7 The specific place of provision of the Service, respectively the collection point, is chosen by the Consumer in the course of creating the Order, or at any time after concluding the contract with the Company, according to the collection points listed on the Web Interface of the store. The time for providing the Service, respectively for the collection, is chosen by the Consumer after concluding the contract, while at some collection points listed on the Web Interface of the store, the collection time must be arranged in advance by telephone. If the Consumer orders a time for providing the Service within the withdrawal period (i.e., within 14 days of concluding the contract), the Company informs the Consumer that by providing the Service, the Consumer's right to withdraw from the contract expires. By ordering a specific time before the expiry of the withdrawal period, the Consumer expressly agrees that the Service will be performed before the expiry of the withdrawal period, and the Consumer is not entitled to withdraw from the contract in this case.

4.8. The costs of getting to the collection point or delivering the sample to the collection point are borne by the Consumer.

Withdrawal from the contract

5.1 The Consumer acknowledges and expressly agrees that, according to Section 1837 of the CC, it is not possible, among other things, to withdraw from the contract if the Service or Product was provided at his express request within the withdrawal period, i.e., within 14 days of concluding the contract. At the same time
, the Consumer cannot withdraw from the contract according to Section 1837 letter g) of the CC in the case of delivery of goods in a sealed package, which are not suitable for return due to health protection or hygienic reasons after the Consumer has broken the seal - this expressly applies to Products and possibly means sealed in a package for the purpose of providing the Service (collection kits). Withdrawal from the contract under the previous sentence is possible only on the condition that the sealed packaging has not been breached.

5.2 If the case mentioned in paragraph 5.1 of these Terms and Conditions does not apply, the Consumer has the right, in accordance with Section 1829(1) of the CC, to withdraw from the contract without stating a reason within 14 days from the day of contract conclusion. Withdrawal from the contract must be provably delivered to the Company's delivery address. By delivering the withdrawal from the contract in accordance with this article, the obligations arising from the contract are cancelled from the beginning. The withdrawal from the contract must be sent to the Company at least within the period mentioned in the first sentence of this paragraph. The exercise of the right to withdraw from the contract must be made by the Consumer towards the Company in the form of a unilateral legal act, for example by letter or email.

5.3 The Consumer has the right to withdraw from the contract if he is not provided with comprehensible information about the performance of the Service.

5.4 In case of withdrawal from the contract by the Consumer, the Company is obliged to return to the Consumer all financial means received from him based on the contract (provided that the Consumer has not yet consumed the ordered Service or Product). The Consumer is obliged to return the Product or means serving to provide the Service (collection kits) to the Company, no later than 14 days from the withdrawal from the contract. In case of withdrawal from the contract, the Consumer bears the costs associated with the return of Products and possible means.

5.5 For the return of payments according to paragraph 5.4 of these Terms and Conditions, the Company is obliged to use the same payment method that the Consumer used for the initial transaction unless otherwise agreed between the parties, and this does not incur any additional costs.

The form for withdrawal from the contract can be found in the following document: Sample form for withdrawal from the contract.

Liability for defects and warranty

6.1 The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially by the provisions of Sections 1914 to 1925, Sections 2615 to 2619, and Sections 2642 to 2646 of the CC).
6.2 The Company is liable to the Consumer for ensuring that the Service or Product provided does not have defects, especially that the Service or Product has the properties declared by the Company, is provided at the appropriate professional level, its provision complies with other legal requirements, particularly provisions of Section 28 and subsequent of the Health Services Act, and also Sections 2636 to 2651 of the CC.

6.3 The Company does not take responsibility for the correct verification of the identity of the person from whom the biological sample was taken, nor does it take responsibility for incorrect identification based on incorrect labeling of the laboratory sample delivered by the Consumer. The Company bears no responsibility for any consequences caused by the use of the Service's examination result, nor does it bear responsibility for damages caused by their incorrect interpretation, whether by the Consumer or third parties.

6.4 Rights from defective performance (hereinafter referred to as “Complaint”) are asserted by the Consumer at the Company’s delivery address Pitterova 2855/9b, Žižkov, 130 00 Prague or at the facility address Majerského 2035/15, 149 00 Prague 11, whose operating hours are determined according to the previous telephone agreement at tel. +420 731 007 192 or at the email address info@genx.cz.

6.5 The moment of asserting a Complaint is considered the moment when the Company received the written Complaint from the Consumer. The Company will issue a written confirmation of the Complaint including the date of assertion, content of the Complaint, preferred method of handling the Complaint, and contact details. Similarly, the Company is obliged to issue a confirmation about the handling of the Complaint.

6.6 If the Product or Service lacks the features according to the Terms and Conditions, or has a defect, the Consumer has the right to choose, upon notifying the defect or without undue delay, which right or method of complaint resolution they prefer, if possible. The choice made by the Consumer cannot be changed without the consent of the Company; this does not apply if the Consumer requested a repair of a defect that turns out to be irreparable. The Consumer has the right, in case the defect is removable and if it is appropriate given the circumstances, to demand either repair or supplementation of what is missing, or a reasonable discount on the price. The Consumer also has the right to request the delivery of new goods without defects, if it is appropriate. If the defect cannot be removed and the goods cannot be properly used because of it, the Consumer may either withdraw from the contract or demand a reasonable discount on the price. Anyone who has a right according to § 1923 of the Civil Code is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the right to compensation is not claimed within one month after the period in which the defect must be reported expires, the court will not grant the right if the Company objects that the right to compensation was not claimed in time.

6.7 The Company is obliged to handle the complaint and inform the Consumer about the resolution without undue delay, no later than 30 days from the day the Consumer lodged the complaint. Within the deadline for handling the complaint, the Company is obliged to ensure, if necessary, a professional assessment of the defect and then decide whether the complaint is justified or not, and in the affirmative case, then supply new goods in the quantity complained about. If it is decided during the complaint procedure regarding a certain defect that the complaint is unjustified, this defect cannot be claimed again, and the Company is entitled to refuse acceptance of the complained goods in such a case.

Other rights and obligations of the contractual parties

7.1 The Company provides performance reports in relation to the Service provided, with the option of sending by electronic mail (electronically encrypted content) to the Consumer's stated email address or by written delivery using a postal service operator. The Company will send the result of the Service within a period reasonable in view of the nature of the Service and the achievability of the result.
7.2 The Company is not bound by any codes of conduct in relation to the Consumer in the sense of § 1826 subsection 1 letter e) of the Civil Code. The Consumer acknowledges that the Company is not responsible for errors resulting from third-party interventions into the Website or from using the Website contrary to its purpose.

7.3 In case of dissatisfaction with the service provided or the behavior of a Company employee, the Consumer is entitled to lodge a complaint, either in writing to the Company's address, by email to the Company's email addresses, by phone, or in person.

7.4 The Company is obliged to handle the complaint within 30 days from the day it was received; this period may be extended by another 30 days in justified cases. The Company is also obliged to propose an oral discussion of the complaint with the Consumer, if appropriate given its nature, allow the Consumer to inspect the complaint file and make copies thereof, and provide timely and necessary cooperation to the relevant administrative authority in investigating the complaint, if it is being investigated. Information about the handling of the Consumer's complaint will be sent by the Company to the Consumer's email address if it was sent from there, otherwise to another address provided by the Consumer for delivery.

7.5 The Consumer offers and mediates the implementation of Services and for this purpose cooperates with persons qualified to perform such Services ("Contractual Partners"). The control in connection with the provision of health services (including examination services) is carried out by the Ministry of Health, Health Department of the Regional Office of the region where the services are provided, and the State Institute for Drug Control. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, within a defined scope, supervises compliance with the Act No. 634/1992 Coll., on consumer protection, as amended.

7.6 In case of a dispute over a right arising from a contract concluded with the Company, which cannot be resolved directly between the contractual parties, the Consumer may turn to the relevant entity for out-of-court resolution of consumer disputes, which is, according to the nature of contractual relationships concluded with the Company, the Czech Trade Inspection Authority (www.coi.cz). The Consumer may also lodge a complaint with the control bodies according to section 7.5 of the Terms and Conditions.

7.7 The Service can be claimed from the Company no later than the 6th month from the date of contract conclusion. By this, the Consumer takes on the risk of change of circumstances in the sense of § 1765 subsection 2 of the Civil Code.

7.8 The Consumer is obliged to follow instructions and guidelines for Products 

and Services and to respect the instructions provided by the staff at the collection sites.

7.9 The Consumer is obliged not to endanger the staff at the collection site. For this reason, it is recommended to postpone the visit to the collection site in case of acute respiratory symptoms or other infectious diseases.

7.10 If it becomes necessary to repeat the collection at the collection site (e.g., due to the collection of an insufficient amount of sample, submission of the sample in an unsuitable container, etc.), the Consumer is obliged to undergo the collection again. A repeated collection does not increase the price of the Service.

7.11 Sending commercial communications - The Consumer agrees to the sending of information related to the Products, Services, or the company of the Company to the Consumer's email address and further agrees to the sending of commercial communications by the Company to the Consumer's email address.

Protection of personal data, sending commercial communications, and storing cookies

8.1 The protection of the Consumer's personal data is provided in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 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) and the Act No. 110/2019 Coll., on the processing of personal data, as amended (hereinafter referred to as the "Act on the processing of personal data") and implementing regulations in the field of personal data protection. The declaration on the processing of personal data is available at this link: https://www.genx.cz/podminky-ochrany-osobnich-udaju/.
8.2 The Company is the controller of the Consumer's personal data to the minimum extent of name, surname, date of birth, email, phone, billing details in accordance with GDPR and related regulations. For the management of Websites, the Company has concluded a contract with Shoptet, a.s.

8.3 Rights of the Consumer concerning the protection of personal data:

According to Article 15 of GDPR, the right to access personal data concerning him or her;
According to Article 16 of GDPR, the right to request from the Company as the controller of personal data the correction of inaccurate personal data concerning him or her;
According to Article 17 of GDPR, the right to erasure of personal data concerning him or her, unless it conflicts with a binding legal provision that the Company is obliged to comply with;
According to Article 18 of GDPR, the right to have the Company restrict the processing of the Consumer's personal data as a data subject in the cases explicitly listed here;
According to Article 19 of GDPR, the right to request information on the recipients of personal data;
According to Article 21 of GDPR, the right to object at any time to the processing of personal data concerning him or her, if it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller under Article 6(1)(e) of GDPR; An objection can be raised with the Company. If such an objection is raised by the Consumer, the Company may continue such processing only if it demonstrates compelling legitimate grounds for the processing that override the interests or rights and freedoms of the Consumer, or for the establishment, exercise, or defense of legal claims;
The Consumer cannot demand the deletion of personal data that the Company is obliged to collect based on a legal obligation imposed on it by legislation;
The Company as the controller does not intend to transfer personal data to a third country or international organization;
The right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection. Postal address: ÚOOÚ, Pplk. Sochora 27, 170 00 Prague 7, email address: posta@uoou.cz, ID of the data mailbox: qkbaa2n, www.uoou.cz.

Final provisions

9.1 If the relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
9.2 These Terms and Conditions have been prepared in accordance with the Civil Code, in particular the provision of § 1810 et seq., and the Government Regulation No. 363/2013 Coll., on the standard instructions on the right of withdrawal from contracts concluded by means of distance communication or outside of business premises and the standard form for withdrawal from these contracts, as well as in accordance with the Act on Health Services and in compliance with GDPR and the Act on the processing of personal data and implementing regulations to protect personal data.

9.3 By submitting an Order, the Consumer confirms that they have become acquainted with these Terms and Conditions and that they agree with them.

9.4 Should any provision of these Terms and Conditions be invalid or ineffective, or become such, a provision whose meaning comes as close as 

close as possible to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. The contract, including the Terms and Conditions, is archived by the Company in electronic form and is not accessible.

9.5 A standard form for withdrawal from the contract, which the Consumer may use for the purposes of withdrawing from the contract in accordance with these Terms and Conditions and the Civil Code, is included in these Terms and Conditions.

 

These Terms and Conditions are effective from October 19, 2023