Terms and conditions

TERMS AND CONDITIONS

for the provision of genetic consultation services

by the company

Sophgena a.s.

registered office: Husitská 107/3, Žižkov, 130 00 Prague 3

Company ID: 17887283

registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 27870

Article I.
Introductory Provisions

These Terms and Conditions (hereinafter the “Terms and Conditions“) of Sophgena a.s., with registered office at Husitská 107/3, Žižkov, 130 00 Prague 3, Company ID: 17887283, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 27870 (hereinafter the “Company” or “Provider“) regulate in accordance with the provisions of § 1810 et seq. of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter the “Civil Code“) the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract (hereinafter the “Contract“) concluded between the Company and the Client (hereinafter the “Client“), whose subject is the provision of services in the field of genetic consultation.

The Company operates the website www.sophgena.com (hereinafter the “Website“).

The Provider is a company that provides services consisting of:

• • DNA analysis,

• • genetic predisposition testing,

• • professional consulting activities (hereinafter collectively referred to as “Services“).

Services are further specified on the Website.

The Provider may amend or supplement the wording of these Terms and Conditions. This provision does not affect rights and obligations arising during the validity of the previous wording of the Terms and Conditions.

Consumer for the purposes of these Terms and Conditions means any person who, outside the scope of his business activity or independent profession, concludes a contract with an entrepreneur or otherwise acts with him.

Article II.
Conclusion of the Contract

1. 1. The offer and presentation of the Services provided on the Website are exclusively informative in nature and the Provider is not obliged to conclude a Contract whose subject is the provision of Services. The provision of § 1732 para. 2 of the Civil Code shall not apply.

2. 2. The Website contains information about the Services, including prices.

3. 3. To conclude the Contract, the Client fills in the order form on the Website or contacts the Provider by phone or e-mail according to the contact details provided on the Website. Within the order form, the Client is obliged to provide the following contact details:

1. • First and last name,

1. • contact e-mail,

1. • contact phone number.

4. 4. Sending the order through the Website is done by clicking the “Submit order” button. The data provided in the order are considered correct by the Provider. Clicking the “Submit order” button makes the order binding. The Client can change or correct the data at any time after sending the order. After clicking the “Submit order” button, the Client will receive an order confirmation from the Provider by e-mail. The Contract is concluded at the moment when the Company sends the Client confirmation of the order.

5. 5. Before being able to click the “Submit order” button, the Client will be provided with these Terms and Conditions, Pre-contractual information according to the relevant provisions of the Civil Code and the Personal Data Processing Policy on the Website. By clicking the “Submit order” button, the Client confirms that he has read and understands these documents and agrees with them.

6. 6. If the Provider’s employee contacts the Client first by telephone or similar means offering the Services, the Provider’s employee shall disclose the commercial purpose of the call and basic information about the Provider and his identity at the beginning of each call. If during the telephone conversation the Provider and the Client agree on the offer to provide the Services, the Provider shall confirm the offer to the Client without undue delay in writing (usually by e-mail to the Client’s provided contact address) (hereinafter the “Offer“). The Terms and Conditions, Pre-contractual information according to the relevant provisions of the Civil Code and the Personal Data Processing Policy shall be sent to the Client together with the Offer without undue delay.

7. 7. The Client shall be bound by the Offer according to Article 2.6 of the Terms and Conditions only after he has electronically (by e-mail) or by signing the confirmation of the Offer expressed his consent to the Offer. The Contract is concluded between the Provider and the Client upon receipt of the Client’s consent to the Offer. The Provider shall send the Client confirmation of the concluded Contract within a reasonable time after conclusion of the Contract.

8. 8. The Offer is valid for fifteen days from its delivery to the Client. A modified Offer by the Client shall be considered a new offer (hereinafter the “New Offer“) and the Contract shall only be concluded after the New Offer has been accepted by both contracting parties. Implied acceptance of the Offer or New Offer is excluded.

9. 9. The Client agrees to use remote communication means when concluding the Contract. The costs incurred by the Client for using remote communication means in connection with the conclusion of the Contract (internet connection costs, telephone call costs) shall be borne by the Client himself.

10. 10. The Client acknowledges that there may be cases when the Contract between the Provider and the Client is not concluded, especially if the Client orders Services at a price published by mistake due to an error in the Provider’s internal information system. In such a case, the Provider shall inform the Client of this fact.

11. 11. The Client acknowledges and agrees that for the purposes of providing Services under the Contract the Provider will process the Client’s personal data, including health data. Details of the personal data processing are set out in the Personal Data Processing Policy, which is made available to the Client pursuant to Article 2.5 of these Terms and Conditions and is also freely accessible on the Website.

Article III.
Price for Services and Payment Terms

1. 1. The price for the provision of Services (hereinafter the “Price“) shall be set out in the price list available on the Website (hereinafter the “Price List“). Prices are stated inclusive of value added tax and are valid for the period during which they are displayed on the Website. This provision does not limit the Provider’s ability to agree different individual pricing conditions within the Contract for the provision of Services.

2. 2. The Client is entitled to pay the Price in the following ways of his choice:

1. • cashless by payment card via a payment terminal,

1. • cashless by bank transfer to the Provider’s bank account.

3. 3. The Price is payable within 24 hours from the conclusion of the Contract.

4. 4. In case of cashless payment by bank transfer to the Provider’s bank account, the Client is obliged to pay the Price together with the variable payment symbol, which is the order number. The Client’s obligation to pay the price is fulfilled upon crediting the relevant amount to the Provider’s account.

5. 5. The Provider does not require a deposit or other similar payment from the Client unless otherwise agreed in the Contract.

6. 6. The Provider shall issue a tax document – invoice – to the Client for payments made under the Contract. The tax document – invoice – shall be issued by the Provider to the Client after payment of the Price and sent in electronic form to the Client’s e-mail address.

7. 7. If the Client does not pay the agreed Price in accordance with the provisions of the Contract, the Provider is entitled to withdraw from the Contract.

Article IV.
Provision of Services

1. 1. The Client acknowledges that the services provided by the Provider under the Contract are not intended for medical diagnosis or medical care in case the Client does not undergo an Exit consultation with a doctor for any reason. The services provided under the Contract are not intended for diagnostic, preventive, therapeutic, rehabilitative or medical decisions or interventions before their results are consulted with a medical professional or qualified healthcare worker. The services provided by the Provider under this Contract do not constitute and cannot be considered as provision of health services or medical advice if their validation by another method has not yet been carried out.

2. 2. The Client acknowledges that scientific research progresses and that it may be shown in the future that the current research is incomplete or inaccurate. The Provider may supplement, adjust or remove the analysis results over time in light of the current state of scientific knowledge.

3. 3. The Client acknowledges that DNA analysis is intended for informational purposes only. The services cannot be used arbitrarily without medical supervision for diagnostic purposes and their results do not replace professional medical examination. The Client should always seek medical help if he has questions concerning diagnosis, treatment, medication, prevention or other health-related issues.

4. 4. The services may only be provided to the Client or his minor descendant or a person for whom the Client is a legal representative, upon the Client’s prior consent. For the purposes of these Terms and Conditions and the Contract, the persons listed in this paragraph are considered Clients.

5. 5. After concluding the Contract and paying the Price, the Client will be contacted by telephone or e-mail (according to the Client’s preference) by an authorized employee of the Provider to arrange the date of the initial online consultation (hereinafter the “Initial Consultation“). The Initial Consultation will be conducted remotely via video call. During the Initial Consultation, the Client will consult with a medical professional from the clinical genetics field about factors that may affect the results of the Client’s future DNA analysis (the Client will be asked about his health condition, family predispositions, including diseases of family members). The Client acknowledges that proper provision of the Services depends on the Client providing truthful information during the Initial Consultation.

6. 6. After the Initial Consultation, the Client will be given a blood sampling request at the Provider’s contractual laboratory. The laboratory will then take a blood sample from the Client from which the Client’s DNA will be isolated. The laboratory means a person or institution processing DNA samples to obtain genetic information.

7. 7. The isolated DNA will subsequently be delivered to the Provider’s contractual partner (which will be especially the Institute of Applied Biotechnology if the Provider provides this service through its employees), who will prepare the DNA library and sequence the genome or its part (in specific, pre-agreed cases).

8. 8. The Provider will then ensure bioinformatics analysis of the DNA sample through its staff and software and prepare a report on DNA analysis results, including analysis of genetic predispositions. The report will be presented to the Client during a personal or online exit consultation (hereinafter the “Exit Consultation“). During the Exit Consultation, the conclusions of the DNA analysis will be explained in detail to the Client, and the Client will be warned about all risks arising from the analysis that may affect his health status, lifestyle, and way of life. The Client’s questions concerning the analysis conclusions will also be answered. The main conclusions of the DNA analysis, including resulting risks, will subsequently be sent to the Client in written form by e-mail.

9. 9. The Client acknowledges that proper provision of the Services by the Provider is conditional upon the Client’s cooperation (including attending the blood sampling place and enabling the blood sampling). If the Client does not provide such cooperation, he acknowledges that the Provider will be unable to provide the Services due to delay on the Client’s part. In such a case, the Client is not entitled to request a refund of the paid price from the Provider.

Article V.
Withdrawal from the Contract

1. 1. The Client, as a consumer, is entitled to withdraw from the Contract pursuant to § 1829 et seq. of the Civil Code within 14 days from the conclusion of the Contract. Withdrawal from the Contract may be made by any unequivocal statement to the Provider, especially electronically (e-mail) or in writing to the Provider’s registered office.

2. 2. In case of withdrawal from the Contract, the Contract is canceled from the beginning.

3. 3. Upon withdrawal from the Contract, the Provider shall return to the Client all funds received under the Contract without undue delay, at the latest within fourteen days from withdrawal, and by the same means. The Provider shall return the received funds by other means only if the Client agrees and if no additional costs arise for him.

4. 4. If the Client withdraws from the Contract and the Provider has started performance based on the Client’s express request before the expiry of the withdrawal period, the Client shall pay the Provider a proportionate part of the agreed Price up to the moment of withdrawal. If the Client withdrew from the Contract, obligations under all ancillary contracts (if any) shall terminate at the same time as the Contract without cost for the Client, except for the costs under the preceding sentence.

5. 5. The Client is not entitled to withdraw from the Contract if the services provided under the Contract have been fully provided and simultaneously if the services were fulfilled with his prior explicit consent before the withdrawal period expired and if the Provider has informed the Client that providing the performance terminates the right to withdraw from the Contract.

Article VI.

Delivery

1. 1. All notices concerning relationships arising from the Contract must be delivered by registered mail or e-mail, unless otherwise stipulated in the Contract or these Terms and Conditions. Notices shall be delivered to the appropriate contact address of the other party (in the case of electronic communication to the e-mail address of the Client stated in the order form according to Article II of these Terms and Conditions or in the Contract, or to the address of the Provider stated on the Website) and shall be deemed delivered and effective upon receipt by the other party.

2. 2. A notice shall also be deemed delivered if its receipt was refused by the addressee, if it was not collected within the storage period, or if it was returned as undeliverable.

Article VII.
Personal Data Protection

1. 1. The Provider, as the controller of personal data provided or otherwise disclosed to it by the Client, processes personal data in accordance with legal regulations, especially Act No. 89/2012 Coll., the Civil Code, as amended, Regulation (EU) 2016/679 of the European Parliament and 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, and Act No. 110/2019 Coll., on the processing of personal data, as amended, according to the principles of personal data protection freely available on the Website, which the Client also receives at the latest before sending the order according to Article II of these Terms and Conditions.

Article VIII.
Final Provisions

1. 1. If the relationship established by the Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. Any disputes arising between the Provider and the Client from the Contract shall be resolved by Czech courts. This does not affect the Client’s rights arising from generally binding legal regulations.

2. 2. If any provision of the Terms and Conditions is invalid or ineffective or becomes such, the invalid provision shall be replaced by a legal provision whose meaning most closely corresponds to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions of the Terms and Conditions. Changes and amendments to the Contract or Terms and Conditions require written form.

3. 3. Provisions differing from these Terms and Conditions may be agreed upon in the Contract. Deviating agreements in the Contract shall take precedence over the provisions of these Terms and Conditions.

4. 4. The provisions of these Terms and Conditions are an integral part of the Contract.

5. 5. The Provider may amend or supplement the wording of these Terms and Conditions. This does not affect rights and obligations arising during the validity of the previous wording of these Terms and Conditions.

These Terms and Conditions are effective as of 1 December 2024.