General Conditions of Sale and use of the website for purchases made online on the sites www.zenais.itandwww.dna-lab.online.
Zenais S.r.l. is (“hereinafter also Zenais“), a company incorporated under Italian law, with registered office in Via Tarchetti 5, 20121 Milan (Italy), registered in the Register of Companies of the Milan Chamber of Commerce CF. and VAT number. 08661160963.
The websites www.zenais.itandwww.dna-lab.online (hereinafter the “Site“) and the “DNALab” brand are the exclusive property of Zenais which holds all legal rights and directly manages and use.
Zenais invites users to read these General Conditions of Sale (“GCS”) which govern the purchase of products and the management of orders placed on the site.
For the purposes of these General Conditions of Sale, the following terms will have the meaning attributed to each of them below:
- Beneficiary: designates the person who uses the Service or Product offered by Zenais.
- Customer(or, in plural, Customers): designates the person who purchases the Zenais Service or Product, it being understood that the Customer may or may not also be a Beneficiary, depending on whether he personally uses the product or offers it as a gift to others .
- General Conditions: indicates these general conditions of sale applicable to the purchase and sale of the products offered on the Site, as well as to the use of the same.
- Cookies: these are small text strings sent to the User’s terminal to facilitate their navigation on the Site and to offer them the pages most in line with their preferences on subsequent visits to the Site.
- Personal Data: all information that allows, in particular through the internet, to directly or indirectly identify a natural person (name, surname, date and place of birth, e-mail address, etc.).
- Website: designates the websites www.zenais.it and www.dna-lab.online.
- User: designates the person who browses or connects to the Site, without necessarily being a Customer or a Beneficiary.
- Product: product or service that can be purchased on the Site.
- Diagnostic samples: all materials of human origin including: excreted, blood and its components, tissues, tissue fluids collected for diagnostic purposes.
- Sampling kit: kit sent to the user’s home to collect diagnostic samples.
- Laboratory: refers to the individual laboratories that carry out analyzes on diagnostic samples
II. Field of application of these General Conditions of Sale
The Site allows the Customer direct access to a wide range of clinical tests and services that can be carried out without going to the Laboratory but through the use of Sampling Kits that are used by the customer to perform the test comfortably from home, in confidential manner, and send them to the Laboratory anonymously by courier in order to receive the results within a few days.
The purchase of a product is reserved only for Customers who have first read the GCS in their entirety by clicking on the hypertext link provided for this purpose and who have accepted them by selecting the appropriate box. In the absence of this acceptance, the ordering process is technically impossible.
Consequently, the finalization of the order process on the Site is valid as express acceptance by the Customer of the GCS.
The GCS apply only to orders placed through the Site and to transactions made on the Site.
Zenais reserves the right to modify the General Conditions at any time, without notice, it being understood that such modifications will not be applicable to previously accepted and confirmed orders.
Each Customer declares to be at least 18 years old and to possess the ability to act, in accordance with art. 2 of the Italian Civil Code, to access the Site and make purchases in accordance with the GCS.
A. CONCLUSION OF THE CONTRACT AND DELIVERY OF THE PRODUCTS
- Every order placed on the Site implies the conclusion of a sales contract in Italian. When the order relates to a Product, only one contract is concluded between the buyer and Zenais.
- By clicking on the “Buy Now” button, the customer places a binding order for the items contained in the virtual shopping cart. Once the order has been sent, Zenais will send the customer an e-mail confirming the order within 1 hour. The sales contract is concluded between Zenais and the customer when the latter receives the order confirmation. If the customer does not receive any order confirmation within the deadline indicated in this art. 1.2., the relative order must be considered refused by Zenais and, therefore, ineffective.
- Where the products covered by the order are not available for reasons independent of the conduct of Zenais, the latter must promptly notify the customer. In this case, there will be no obligation for Zenais to deliver the ordered goods.
- In any case, if the ordered products are not available, Zenais will refund, in favor of the customer, any sum already paid.
- Zenais assumes no responsibility for having to search and find unavailable products from other sources. This provision also applies to orders relating to fungible goods (for which only the type and characteristics of the products are described). Zenais is only obliged to deliver what is available in stock and what has been ordered to its suppliers. Zenais makes deliveries in Italy only. If the delivery time is expressed in working days, it is understood as such all those included between Monday and Friday included, with the express exclusion of any holidays.
- It is possible to purchase a product directly through the Site or through affiliated sites or purchasing groups. The procedure for placing orders through the Site is as follows:
- the Customer chooses a product.
- Subsequently, a summary sheet with the detail of the chosen product, the total price, the Customer’s data, the method of payment, will allow you to check the details of the order and make the necessary changes.
- The “first click” of the user will allow to confirm the purchase order, subject to the prior express acceptance of the GCS.
- The Customer’s order will be processed only with the last validation which will appear with the “second click”. Before validating the order, the Customer will again view the information on the essential characteristics of the ordered product and those relating to the price.
- In case of payment by credit card or other means of electronic payment, the “second click” will correspond to the registration of the customer’s bank details. However, the contract will be considered definitively concluded only after the bank or company issuing the credit card or other electronic payment systems has accepted the payment.
- After the final validation of the order, a confirmation e-mail will be sent to the customer containing a summary of the information relating to the order itself. Printing and / or archiving of this e-mail will constitute proof of the order placed.
B. PRICE, SHIPPING COSTS AND PAYMENT TERMS
- The customer is required to pay the price published on the product page at the time the order is sent.
- The price of the Product and Services object of the Offer must be understood as inclusive of any taxes and duties required by law that may be imposed on them.
- If, due to a material error, a technical-IT problem, a malfunction of the Site or other circumstances unrelated to the will of Zenais, the price indicated on the Site for the purchase of the Product or Services is lower than the correct sale price established. from the Partner, Zenais will contact the Customer within 48 hours who may, at his choice, conclude the purchase of the Product or Services by paying the difference between the amount already paid and the correct price or renounce the conclusion of the purchase by obtaining a refund of any amount already paid.
- The Offer (s) published on the Site constitutes an invitation to third parties to make a purchase proposal. Zenais declares that this invitation does not constitute an offer to the public pursuant to and for the purposes of Article 1336 of the Civil Code. Zenais is therefore entitled, at its discretion, to accept or reject any purchase proposals made by the Customers without their right to conclude the contract or their claim to indemnity or compensation of any kind for any reason or title. In particular, Zenais will not accept purchase proposals that do not fulfill all the requirements for registration on the Site and for the registration of the Product with particular reference to the need to fully provide their requested data.
- The prices indicated on the Site are those in effect at the time of the order.
- Terms of payment: payment of the order can be made by credit card or PayPal in the following ways:
- by credit card (Mastercard, Maestro, Visa, Diners Club and JCB card): indicating the card number, the validity date and the security code located on the back of the card directly in the space provided. The full amount of the order will be charged to your credit card at the time of the order. Zenais reserves the right to suspend the order in case of non-authorization of payment by the bank or the manager of the credit card used. The Site allows the Customer’s bank details to be transmitted, respecting privacy and security, at the time of the order (secure server and SSL encrypted);
- With PayPal: simply log into the customer’s PayPal account or create a PayPal account by following the instructions provided.
- Payment security:
- In order to protect the Customer and Zenais against any fraudulent practice, the orders are subject to regular checks. As part of these procedures, it may be necessary to interrupt the forwarding of an order and contact the customer or recipient to obtain the supporting documentation necessary to unblock the order, eg. documents certifying identity or payment.
- These receipts must correspond to the Customer and delivery data entered at the time of the order as well as, if applicable, to the data of the credit card holder used for payment.
- When an order has a delivery address different from the Customer’s address, it is possible that the person indicated as the Customer and the person indicated as the recipient of the delivery are contacted for a check.
- The information obtained during these procedures may be subject to automated data processing, the purpose of which is to define the level of security of transactions and to prevent credit card fraud.
- The supporting documentation can be requested by e-mail, ordinary mail or by telephone. Failure to transmit may result in the cancellation of the order.
- The buyer agrees to receive invoices and credits exclusively in electronic format.
C. GIFT VOUCHERS AND PROMOTIONAL CODES
- Zenais, in its judgment and discretion and bearing the cost, is free to assign to Customers “gift vouchers” or “promotional codes” of variable economic value to be used according to the conditions and methods that will be announced on the Site from time to time or through direct communications to selected categories of customers.
- Promotional vouchers cannot be purchased, they are offered by Zenais as part of promotional campaigns and can be used for a limited period of validity.
- Promotional vouchers can only be used once in relation to a single order, within the specified validity period. It is possible that for the purchase of some products the possibility of using promotional vouchers is excluded. Promotional vouchers cannot be used for the purchase of gift vouchers. It is possible that the use of a promotional voucher is subject to a minimum amount of expenditure.
- The value of the products purchased must be equal to or greater than the value of the promotional voucher. If the amount of the promotional voucher is not sufficient to cover the value of the products ordered, the difference can be paid through any of the accepted payment methods referred to in Article 3 above. Promotional vouchers are not redeemable in cash and do not accrue interest on the credit represented by them. Promotional vouchers will not be refunded if the buyer decides to partially or completely return the ordered products.
- Promotional vouchers can only be used if the order is finalized, they cannot be used retroactively and cannot be transferred to third parties. Unless otherwise specified by Zenais, it is not possible to combine several promotional vouchers for the same order.
- If during the order the customer used a promotional voucher and if the total value of the order – due to the customer’s withdrawal – should be lower than the value of the promotional voucher, Zenais reserves the right to invoice from now on. the original price of the goods that remain in the possession of the customer.
- Gift cards can only be used before placing the order, they are not refundable in cash and interest does not accrue on the credit represented by them.
D. PROOF OF ONLINE ORDERS / STORAGE
- The Customer / Beneficiary is expressly informed that, with the exception of manifest errors of which the same should provide proof, the data stored in the Zenais database have probative value in relation to the orders placed.
- The data regularly stored on computer or electronic support constitute admissible and enforceable evidence in the same terms and with the same probative value as all the documents that will be stored and received in writing.
E. CONDITIONS OF ACCESS AND USE OF THE SERVICE
- The relationships that govern the methods of registration, registration, authentication and operation of the Site and the conditions for carrying out economic transactions for the purchase of Products and Services, are governed by the conditions of use published on the Site.
- Customers are made explicit by Zenais on how to access and operate the Site and are required to read and accept them in order to successfully complete the registration and purchase procedure.
- Economic transactions are governed by the rules and conditions published on the Site that the registered Customer is required to know and expressly accept before completing the transaction itself.
- Following the purchase of the Product, the Customer receives the Sampling Kit necessary for the collection of the diagnostic sample necessary for carrying out the analyzes by the Laboratory at home via express courier.
- The Customer will activate the sampling kit on the website www.dna-lab.online by entering the number shown on the sampling kit.
- The user will be asked to enter the data relating to the person to whom the service is provided (beneficiary) and the date on which the diagnostic sample is taken on the site.
- The Customer will carry out the test and after having placed it correctly in the box will deliver it to a collection point of the indicated courier who will deliver it to the Laboratory.
- The Laboratory will carry out the examination and will make the results available to Zenais within 72 working hours.
- Zenais will notify the Customer of the outcome of the test prepared by the Laboratory on the diagnostic sample or to the e-mail address indicated by the beneficiary or by entering the results in the Customer’s reserved area on the Site.
- Zenais reserves the right to unilaterally modify the terms and conditions mentioned above by means of a specific communication published on the Site. These terms and conditions will be deemed accepted by the Customer who, following their publication on the Site, will have carried out the authentication, registration or registration procedure on the Site.
F. PERSONAL DATA OF CUSTOMERS
- Zenais processes and stores the personal data provided by the Customers and by the Laboratory in compliance with the current legislation on privacy and security of personal data through specific and complete information published on the Site that Customers are required to view and accept when completing the procedure. registration or registration on the Site or the completion of the purchase from the Partner of Products or Services.
- Zenais assumes no responsibility towards third parties for the content, accuracy or veracity of personal data communicated by customers.
G. RIGHT OF WITHDRAWAL
- Customers who qualify have the right to withdraw from the purchase of the Product or Services, without motivation and without the application of any penalty as governed by Articles 52 et seq. of the Consumer Code, by notifying Zenais at the e-mail address: email@example.com 14 (fourteen) days from the date of receipt of the sampling kit.
- The right of withdrawal is however excluded in relation to sealed Zenais Products that do not lend themselves to being returned for hygienic reasons or related to health protection and that have been opened after delivery, such as, but not limited to, cosmetic products for care and the beauty of the body.
- Zenais, having received the declaration of withdrawal within the terms and in the manner described above, will immediately refund the amount corresponding to that relating to the payment of the Product or Services for which the Customer has exercised the right of withdrawal. The refund, at no cost to you, will be made using the same payment method used by the Customer for the purchase of the Product or Services for which he has exercised the right of withdrawal, except in the exceptional case in which the Customer has expressly agreed to a different method of reimbursement.
- In case of returning the product, the only expense to be incurred is that of returning the product itself. Zenais will refund the full value of the purchase (Product cost + Shipping costs). The returned product must be returned new, in its original intact packaging: Zenais reserves the right, unquestionably, to retain a portion corresponding to the value of the damage caused to the product or packaging.
- The return shipment must take place within 14 days of sending the notice of withdrawal and can be made through any carrier / courier / forwarder the customer deems most appropriate. For more information, the customer can contact customer service at firstname.lastname@example.org.
H. CONDITIONS OF THE RIGHT OF WITHDRAWAL
- The right of withdrawal is subject to the following mandatory conditions:
- the right of withdrawal applies only and exclusively to purchases made by final consumer customers (therefore it is not valid on purchases made with an invoice bearing a VAT number and / or tax code not attributable to a natural person);
- the right of withdrawal does not apply after the activation of the sampling kit
- the law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
- the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment);
- the goods subject to the exercise of the right of withdrawal must be returned in a normal state of conservation: therefore, used products that show signs of damage or dirt and which consequently can no longer be considered intact will not be accepted;
- the shipping costs for returning the goods are charged to the customer;
- the shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
- Zenais is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments;
- The right of withdrawal is totally lost, due to lack of the essential integrity of the goods (packaging and / or its contents), in cases where Zenais ascertains:
- the lack of the external packaging and / or the original internal packaging;
- the absence of integral elements of the product (insert, accessories …) or anomalies in the product itself;
- damage to the product for reasons other than its transport;
- a dirty state of the product due to its use, which has compromised its integrity.
For information and assistance on the Site, you can contact Customer Service by writing to: email@example.com.
J. INTELLECTUAL PROPERTY AND DISTINCTIVE SIGNS.
Zenais is the exclusive owner of the rights relating to the graphic and intellectual content of the Site, the related distinctive signs as well as the rights connected with their economic exploitation.
Customers with the purchase of one or more Products do not acquire any rights to the images and content, including promotional, related to it. Therefore, they will not be able to sell or disseminate or communicate or share or make use of such images and contents outside the contractually agreed terms.
The reproduction, even partial, by any means and in any form of the content and graphics of the Site as well as of the distinctive signs in the same is prohibited.
K. INFORMATION FOR THE CONSUMER.
Legislative Decree 6 September 2005, n. 206 – Consumer Code pursuant to article 7 of law no. 229 – published in the Official Gazette no. 235 of 8 October 2005 – ordinary supplement number 162.
Pursuant to Legislative Decree 206 of 2005, the customer has the possibility to withdraw from the contract stipulated on the Internet without any penalty and without the need to give any explanation, in compliance with the conditions preceding points 1 and 2.
L. APPLICABLE LAW AND JURISDICTION.
This contract is governed by Italian law.
For all disputes that may arise regarding the validity, interpretation, execution and termination of this contract, the Court of Milan will be exclusively competent, with the exclusion of any other court, including competitor or alternative ones.