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Terms and conditions
The brand name Doctor Fitness is represented from the company Nutri-Genetica Research AG, Schweigwiesstrasse 12, 8835, CH-Feusisberg
(doctorfitness.diet, doctor-fitness.diet, doctorfitness.tv, doctor-fitness.tv, doctorfitnessgenetica.com, doctor-fitness-genetica.com, drfitness.diet, dr-fitness.diet, drfitness.tv, dr-fitness.tv, drfitnessgenetica.com, dr-fitness-genetica.com, doctor-fitness.ch, doctorfitness.ch, dr-fit.ch, dr-fitness.ch, drfitness-shop.ch, drfitness.ch and possibly other domains we use) hereinafter referred NGR called.
Terms of service for the implementation and communication of genetic testing by NGR (17.12.2015).
1.1. NGR is a service provider for the mediation and logistics for performing genetic analysis on humans for medical, sporting and other purposes.
1.2. Scope is exclusively mediation of genetic analysis and consulting services for genetic analysis.
1.3. These terms and conditions („ Conditions") apply to all including future performance of NGR . Differing, conflicting or additional terms and conditions even if known are not part of the contract. Unless their validity is expressly agreed in writing.
1.4. User within the meaning of these terms and conditions are natural persons with whom we enter a business relationship without being attributed to a commercial, independent or self-employed professional activity.
1.5. Entrepreneurs in the sense of these terms and conditions are natural or legal persons or legal persons capable of companies with which NGR occurs in a business relation and in the exercise of their commercial or independent professional activity.
1.6. Customer or Customers in the sense of these terms and conditions are both users and Entrepreneurs.
1.7. With the terms contained in these Terms and conditions are always both female and male persons meant.
2. Applicability, scope and requirements of use
2.2. Scope: These general terms and conditions govern the contractual relationship between NGR and the client as well as the data protection in accordance with point 13 below ("contract").
2.3. Requirements for use: a web browser. NGR does not grant any support for problems with loading or presentation of the Website and therefore related programs which are hardware or software environment related on customer side (i.e. not directly attributable to the website and are therefore outside the area of influence of NGR). This is especially true for problems on the rules and settings of the IT security of the customer or for outdated browser installations on customer side (i.e. Internet Explorer 8).
3. Information for customers who are users
Company of the entrepreneur: Nutri-Genetica Research AG.
Exerted Industry: Distribution of genetic testing for health care and sports nutrition supplements
Filed under: CHE-392.437.702
VAT No.: CHE-392.437.702
Contact the entrepreneur: email@example.com
4. Main features of the service
4.1. Mediation of gene analysis on the basis of deployed cells by means of saliva collection with the assistance of a so-called DNA-KIT and subsequently called DNA-KIT and possibly with medical and clinical findings.
4.2. Mediation of gene analysis on the basis of deployed cells using a supplied DNA-KIT. Support in achieving a life goal or other benefits based on the ordered product the customer has ordered.
4.3. Price of services including all taxes plus shipping costs is named on the website. The acknowledgment and acceptance from the price and conditions is confirmed by the customer by accepting the terms and conditions and legal terms when he is placing an order.
5. Signing of a contract
5.1. Delivery and shipping costs for the transmission of the service are added to the basic price.
5.2. With the order the customer declares his contract binding offer. The receipt of the order is immediately confirmed by NGR.
5.3. Validity of the offer: The customer offer shall remain binding for a period of 2 weeks from receipt of the offer at NGR and it is binding.
5.4. The customer agrees that the execution of the service by NGR starts within 7 working days.
5.5. If the contract with one of our partners is completed the value of any rights issues and legal claims go to NGR at that time.
6. The validity period of prices
6.1. The prices are valid for the contract concluded respectively.
6.2. Geographical address of the establishment of the principal, in which the user can make any complaints is: Nutri-Genetica Research AG, Schweigwiesstrasse 12, 8835, CH-Feusisberg, firstname.lastname@example.org
7.1. The prices quoted are current prices and are valid until revoked. Prices are subject to change. The price statutory charges and taxes are included.
7.2. There are no additional cost for the customer when he is ordering by means of telecommunication from side of NGR.
7.3. The customer can make payment by bank transfer or PayPal. We reserve the right to exclude individual payment.
8. Payment, Delay of Payment and offsetting prohibition
8.1. The accounting by NGR occurs binding to the address specified in the order.
8.2. The invoice amount is to be paid in full within 4 weeks after invoice and has to be payed in the currency provided in the bill. After this period the customer is in default of payment. The invoice will be created after receipt order in the laboratory.
8.3. The customer bears the costs of any transfers. The customer is responsible that the invoice amount is paid in full without any deductions for NGR so that for NGR are no further expenses or other additional costs arising from remittances, foreign transfers or other payment options.
8.4. If the customer is in default of payment he is obligated to bear the costs in full for all activities of NGR to bear any reminders, dunning costs or any other collection costs.
8.5. Towards entrepreneurs we reserve the right to provide in addition to any accrued costs for a reminder or debt collection and our intrigues still an additional default interest charged. The interest rate is in between 5 % - 10 % from the open amount.
8.6. All customers (Also users) who have a delay in payment have to bear all expenses associated with the monitoring and collection of receivables, such as Reminder fees, collection fees, costs of engagement of an attorney necessary for its extrajudicial activities or other for an appropriate prosecution costs. In this case the customer meet all the consequences of a delay.
8.7. The entrepreneur has only a right to offset if his counterclaims have been legally established or recognized by us.
8.8. The user has a right to compensation only in the event of our insolvency or for counterclaims that are legally related to the liability of the user which have been determined by a court or recognized by us.
9. Right of withdrawal
9.1. The customer and NGR has the possibility to withdraw from the contract within 14 days from the conclusion of the contract without giving reasons.
9.2. The resignation needs no justification and has to be send in written form to: Nutri-Genetica Research AG, Schweigwiesstrasse 12, 8835, CH-Feusisberg, email@example.com.
9.3. To comply with the time limit (Deadline 14 days) is sufficient for a withdrawal letter.
9.4. After the end of the withdrawal period the customer forfeited to withdraw from the contract.
9.5. NGR sends a withdrawal of a contract to the address specified by the customer in writing and shall inform the client in advance with an information email if NGR knows an email address.
10. Effects of the Genetic Engineering Act
10.1. The customer expressly agrees that NGR begins with the execution of the contract within seven working days from the date of arrival of the saliva sample at NGR.
10.2. The ability to communicate from the customer that he does not want to know the result of the analysis and all consequences derived from it does not affect the contract concluded this is true either in between any contract partner or if the contract partner is the user himself.
10.3. When the user recall his consent for genetic analysis to NGR all activities will be fully exempted and NGR is fully exempt from any further service provision. If work has commenced already on the execution of the contract at NGR all costs incurred by the customer have to be paid in full.
11. Loss / destruction / damage / change / defectiveness of the sample
11.1. If the customer sample sent to NGR is destroyed, damaged or altered during the transport to NGR then a new sample must be given from the customer. When irregularities are be found during this process then the additional costs have to be beared by the customer. Usually NGR provides up to 1 DNA-KIT without any extra costs.
11.2. If as a result out of a transport a damage or an alteration from the sample occurs during the transport of the sample and when this leads to a false or erroneous result it does not fall within the sphere of NGR. So especially no liability can be derived from it.
11.3. When no DNA can be isolated from a sample then the customer is obliged to give another sample without being able to ask for any compensation costs or substitute. Neither party can continue to charge any costs resulting from the recent sample preparation to NGR. See paragraph 11.1 up to 1 sample surveys have no additional costs.
11.4. The service provisioning by NGR is completed soon as the analytical results are provided and dispatched to the customer. NGR still provides counseling about the analysis results for at least 4 weeks after obtaining the results from the customer.
11.5. Unless otherwise agreed in writing the beginning of the service provision takes place as soon as possible by NGR and in any case within 7 working days after the conclusion of the contract. The user is informed that the genetic analysis can take about 8 to 12 weeks.
11.6. To withdraw from the contract due to non-compliance with the performance period the customer is only entitled to do so when he gave in writing a reasonable grace period of at least 2 weeks. Unless there is a fixed delivery date expressly agreed in writing.
11.7. If an event occurs that makes a significant delay in performance or the impossibility of performance fulfillment by NGR likely so NGR is entitled to withdraw from the contract. Does NGR at fault for this delay or is otherwise caused by NGR then NGR shall be liable for any damage resulting from the delay. This however only if NGR has this condition caused intentionally or through gross negligence.
11.8. The liability for slight negligence or compensation for consequential damages and financial losses, lost savings, loss of interest and damages from third party claims against the customer are strictly excluded. These limitations of liability shall not apply to personal injury attributable to NGR and - as far as the customer is a user - in the event of damage to property transferred for processing to NGR.
11.9. A claim for damages for late or non-performance can only be claimed up to the amount of the actual prejudice and only then if NGR intent or at least is responsible for gross negligence. The liability for slight negligence, compensation for consequential damages and financial losses, lost savings, loss of interest and damages from third party claims against the customer are strictly excluded.
12. Limitation of Liability
12.1. NGR is only liable for damages incurred to the customer due to gross negligence or intent of NGR or its employees.
12.2. The liability for slight negligence, compensation for consequential damages and financial losses, lost savings, loss of interest and damages from third party claims against the customer are strictly excluded.
12.3. These limitations of liability shall not apply to personal injury attributable to NGR and - as far as the customer is a user - in the event of damage to property transferred for processing to NGR.
12.4. We would like to point out that results from genetic testing are statistical probabilities and that results from genetic testing are a technical evaluation. Our genetic tests are always carried out at the cutting edge of technology and to the best of our knowledge and belief. We reserve the right to claim for a technical 1 % error rate.
12.5. We would also like to point out that NGR excludes any liability claims that could arise due to future diseases. The screening programs offered by NGR can reduce the risk of disease but not entirely cancel. It is therefore possible that the disease develops despite compliance with the precautionary measures. Additionally NGR excludes liability claims that may arise due to psychological complications and diseases that can arise in conjunction with the gene analysis and there results.
12.6. The genetic analyzes that NGR commissions or conducts is only examine for the authorized area or the gene or genes defined in the product the customer ordered. Other regions of the gene or other genes are strictly excluded from the analysis and no statements can be made about it nor can any claims be derived.
13. Data Protection
13.1.2. The protection and security of personal data is a special concern for NGR. NGR undertakes to comply with the applicable data protection laws and regulations in the operation of their services.
13.1.3. Upon confirmation of this terms and conditions the customer agrees with the subsequent paragraphs of this paragraph 13 with the described usage of his data.
13.2. Analysis data
13.2.1. NGR will keep the data obtained in the genetic analysis secure while respecting the following provisions.
13.2.2. The customer as a tested person can request and inspect all of his data at any time.
13.2.3. The examined person shall be notified to unexpected results that are of direct clinical importance or where he has specifically asked for. Unless it is specifically the wish to be informed for one or more specific results only.
13.2.4. The communication or notice of the results of the analysis have to be given in particular to ensure that the examined subject seems not worrying and so that the customer has not unnecessarily excitement to deal with.
13.2.5. Results that were not sufficiently scientifically documented at the time of analysis and therefore not clearly indicate a clinical effect are not communicated to the customer.
13.3. Personal data
13.3.1. NGR respects the privacy of every visitor and / or users of its services and all of their customers. NGR is not collecting any personal data (such as Name, Address, and Email-Address) unless these have been voluntarily provided by the visitor, user and / or customer to NGR. Or if they collected automatically by cookies.
13.3.2. Data in non- anonymous form so called personal data that can give a conclusion on the customer must not be used for a different purpose for which it was collected. Personalized (personal) data may be used only with the explicit consent of the person being examined for another purpose for which it was collected. Explicit consent must be made in writing.
13.3.3. Collection and use of personal data in the course of a normal processing from NGR.
126.96.36.199 The following data on the customer are collected on the basis of the use of the website, the app or for analysis purposes: Name, gender, age, email, address, country, postal code, length of membership, membership status (new customer, several customer states, permanent membership), payment method, size, waist circumference, BMI, weight, frequency of use of the website or the app and mailing status (reception Newsletter allowed or not, receive e- mails of partners allowed or not.). Moreover various data for analysis purposes are collected for example such as: Whether you smoke, how much sports you perform and what eating habits you have. The listing of the collected data does not claim to be exhaustive and NGR reserves the right at any time to change or adapt the list of collected data in any way.
13.3.4. Use and disclosure of personal data.
188.8.131.52. Disclosure to persons in the establishment in which the personal data have been collected or persons who are directly involved on the determination, processing or analysis of the data. This includes employees from NGR, as far as any subcontractors and other third parties which are also entrusted and directly linked to the processing of the analysis data.
184.108.40.206. Disclosure to the examined person, customer or client.
220.127.116.11. With a possible medical assignment from a doctor to the doctor who assigned the genetic analysis and to the patient's diagnosis giving or attending physician.
18.104.22.168. Other persons only if the person being examined has explicitly agreed in writing. A written revocation of this approval is always possible.
13.4.1. The Newsletter notifications you requested of NGR services will be sent to your e-mail address. If you subscribed for a newsletter subscription we are exerted to send you newsletter regularly. You can unsubscribe at any time via unsubscribe link which is included in each marketing mailing.
13.5. Automatically stored data on the computer of the visitor
13.5.1. When the customer visits a webpage from NGR automatically generated information’s can be saved on the customer's computer. This takes the form of so-called "cookie" or similar files that can help NGR in various ways. For example to know the preferences of visitors to the websites of NGR and for the use of own reports. The survey takes place exclusively in anonymous form. Which at no time enables a conclusion to the personal user data. We use Google Analytics for statistical purposes and for the optimization of our website. Google Analytics collects no personal data. For further information about Google Analytics privacy statement with respect to Google Analytics please visit the website of Google Analytics: Google Analytics.
13.5.2. Most browsers allow you to delete cookies or prevent their creation (installation) or generate a warning before a cookie is generated. Further information on this subject can be found in the browser instructions. NGR takes here no support responsibility for any settings on the client side.
13.5.3. Automatically stored information is used exclusively for statistical purposes and are not linked to personal data.
13.6. Data security
13.6.1. Data must be protected against unauthorized access in a suitable manner.
13.6.2. The customer is aware that data protection for data transfers on the Internet according to the current state of the art cannot be guaranteed. The Customer is obligated to ensure data security for all information provided by him. Particularly for data security for data which is transmitted from the customer via the Internet.
13.6.3. NGR uses Secure Socket Layers (SSL) everywhere where it comes to personal data. This security technology is used by NGR to the best of knowledge and belief. Claims for compensation from data holes or other security incidents (Hack Attack, producer’s security holes, etc.) are explicitly excluded. All personal ordering information and other personal data such as customer name, address, etc. are sent encrypted and stored on a server which is protected against unauthorized access.
13.7. The customer's rights
13.7.1. The customer can at any time request that NGR delivers him a copy of his profile personal data. NGR will correct this information on the customer's request at any time, or delete his profile data complete. The competent authority can be reached under following contact data:
Nutri-Genetica Research AG, Schweigwiesstrasse 12, 8835, CH-Feusisberg, E-mail: firstname.lastname@example.org, for an office Phone number please have a look on our webpage.
You can also use the contact forms provided at our services.
13.8. Customer data after termination of the contract
13.8.1. After the termination of the contract the profile data of the customer will not be deleted unless this is explicitly requested by the customer. However even after the termination of the contract the customer is entitled to request correction or deletion his profile data.
13.9.1. These obligations also apply to persons who participate in the implementation of genetic testing or during storage or management of collected data.
13.9.2. Please note that we cannot assume any responsibility or liability for the content of external internet sites and distance ourselves from the content of linked pages, which are accessible through the integration of external links on our site. NGR cannot be held responsible for any third-party content on pages that are accessed through links from our sites which are not owned by NGR. From improper or illegal content we distance ourselves explicit.
14.1. These terms and conditions - taking in account the order form, or in case of a required consent form, including forecasts and declarations of the customer (user) and any cooperation agreements - Are the complete agreement between the customer and NGR and supersedes all prior agreements between the subject matter of the contract.
14.2. Verbal agreements are not taken into the contractual relationship and are thus deemed invalid.
14.3. Binding assurances, obligations and commitments can only be attributed or accepted by NGR if they are made from NGR.
14.4. Changes or additions to these Terms and Conditions are only valid if they are agreed in writing.
14.5. NGR reserves the right to change these terms at any time. When such adjustments are made NGR publish this immediately on the website www.doctorfitnessgenetica.com and other service portals. It is for the user to get information about the currently valid version of the Terms and Conditions.
14.6. Exerts NGR or the customer any right under these General Conditions not or if she or he sets a right not by this does not constitute a waiver of that right or the exercise or enforcement at a later point in time is not excluded.
14.7. NGR is entitled to amend a contract or its rights and obligations under such in compliance with the applicable law to transmit or distribute in subcontract work.
14.8. NGR is entitled in the context of marketing campaigns to contact the customer and inform him about this. The contact can take place via e-mail, telephone, SMS, by post or other modern communication media. At customer's request further contact will be omitted for marketing purposes.
15. Applicable law, and place of jurisdiction
15.1. These Terms and all contracts are subject to Swiss law.
15.2. It is in any case Swiss law regardless of your location. Jurisdiction is Zurich, Switzerland.
15.3. The contractual relationship between NGR and the customer and the use of the website are subject to Swiss substantive law. The exclusive court of jurisdiction for all disputes in connection with the contractual relationship from the customer and NGR and its services like the web page and other services is always the business location of NGR. NGR may bring proceedings against customers at other provided by applicable law jurisdictions.
15.4. If the customer is a user this choice of law only insofar as not the guaranteed protection is not withdrawn by mandatory provisions of law of the State in which the user has his habitual residence.
15.5. If the customer is a merchant or a legal entity under public law or public special fund then the exclusive jurisdiction for all disputes arising from this contract is the business location from NGR.
15.6. Should individual provisions of the contract with the customer including these general terms and conditions become totally or partially ineffective or invalid then thereby the validity of the remaining provisions is not affected. The whole or partly ineffective provision shall be replaced by a provision which comes as close as possible to the ineffective or invalid provision and has the lowest economic addition or additional costs / expenses (economic/commercial purpose).
16. Final provisions
16.1. All notices of NGR to the customer in accordance with these terms and conditions shall be considered as communicated soon as an e-mail has been send to the email address given by the customer to NGR.
16.2. The customer's rights under this contract are only transferable if NGR previously has given a written consent to do so.
16.3. For all DNA analyzes also apply the terms and conditions of the partner companies which are listed here in this terms and conditions.