LEGAL
Terms of Use and Contracting
Provider: BASE4 BIOSCIENCES, S.L. (hereinafter, “BASE4”)
1. Purpose and identification of the provider
1.1. These Terms of Use and Contracting (hereinafter, the “Terms”) govern access to and use of the digital platform of BASE4 BIOSCIENCES, S.L., with its registered office at Cabrils (08348 Barcelona), Carrer de Can Campins, number 7, Floor 1, Door 1, tax identification number (NIF) B-24825846, registered with the Commercial Registry of Barcelona (hereinafter, the “Platform”), as well as contracting through it the service that BASE4 offers directly to consumers, without any clinic acting as an intermediary.
1.2. Access to and use of the Platform confers the status of User. Contracting the service requires express acceptance of these Terms by ticking the box provided for this purpose during the purchase process.
1.3. These Terms are a separate document from the Informed Consent and the Privacy Policy. Acceptance of these Terms does not constitute or replace consent to the processing of health and genetic data, which is obtained separately in accordance with clause 13.
2. Description of the service
2.1. The service process under this arrangement is as follows:
The User places the order and makes payment through the Platform.
Before completing the health questionnaire, the User signs the Informed Consent.
The User completes the health questionnaire.
The User books an appointment for a blood draw at a centre belonging to BASE4’s network of partner blood collection centres.
The sample is sent to the sequencing and analysis laboratories contracted by BASE4.
The results are reviewed and communicated to the User by BASE4’s medical team through the Platform.
2.2. This analysis does not constitute a medical diagnosis, is not considered an in vitro diagnostic medical device (Regulation (EU) 2017/746) and does not replace an assessment by a healthcare professional. The results must always be interpreted together with BASE4’s medical team or the User’s own physician.
3. Conditions of access and legal capacity
3.1. The service may only be contracted by persons over 18 years of age with full legal capacity to act. During registration, the User will be asked to confirm their date of birth, and BASE4 may require documentary proof of age and identity at any stage of the process.
3.2. If BASE4 discovers that the User is a minor, it will cancel the order and refund the full amount paid, without any processing of health or genetic data or analysis of the sample taking place.
3.3. The User undertakes to provide truthful, complete and up-to-date information in the questionnaire and during registration, and is responsible for safeguarding their access credentials.
4. Relationship between BASE4 and the User
4.1. Unlike the arrangement offered through partner clinics, under this direct sales arrangement BASE4 maintains a direct relationship with the User: BASE4 sells the service, manages payment collection, coordinates the blood draw through its network of partner centres and communicates the results through its own medical or telemedicine team.
5. Contracting procedure
5.1. The contracting procedure consists of the following steps: (i) User registration on the Platform; (ii) selection of the service; (iii) entry of billing and shipping details; (iv) review of the order, with the opportunity to identify and correct errors in the information entered before confirmation; (v) express acceptance of these Terms and the declarations provided for in clause 8.4; (vi) payment; and (vii) order confirmation.
5.2. Before confirming the order, the User may review and amend the information entered and correct any errors made.
5.3. BASE4 will send the User an acknowledgement of receipt of the order by email within a maximum of twenty-four (24) hours of receiving it, with details of the service contracted, the total price paid and the information on the right of withdrawal set out in Annex I.
5.4. The electronic document in which the contract is concluded will be archived by BASE4, and the User may access it at any time through their private area on the Platform.
5.5. The contract may be concluded in Spanish, Catalan and/or English.
6. Price, taxes and payment method
6.1. The price of the service is the price indicated on the Platform at the time of the order. Prices are expressed in euros and include applicable VAT.
6.2. Before the User is bound by the order, they will be shown the total price, including taxes and any additional expenses. No charges that have not been disclosed in advance will apply.
6.3. Payment is made directly to BASE4 through the payment methods available on the Platform.
7. Delivery and service provision timeframes
7.1. Sample collection kit: it will be sent to the address indicated by the User within a maximum of 5 business days from order confirmation.
7.2. Blood draw: the User may book an appointment at any centre in the partner network, subject to each centre’s availability.
7.3. Results: they will be made available to the User on the Platform within an estimated 6 weeks from the blood draw and, in any event, within a maximum of 12 weeks.
7.4. The timeframes indicated in clause 7.3 may be affected by incidents during sample transport, including international transport, or by technical issues at the laboratories. BASE4 will inform the User of any incident that significantly affects the timeframe.
7.5. If BASE4 is unable to meet the maximum timeframe specified in clause 7.3, it will inform the User, who may terminate the contract and obtain a full refund of the amounts paid without undue delay.
8. Right of withdrawal
8.1. The User, in their capacity as a consumer, has the right to withdraw from the contract within fourteen (14) calendar days without giving any reason. The period is calculated: (i) in respect of the supply of the kit, from the day on which the User or a third party designated by them acquired physical possession of the kit; and (ii) in respect of the analysis service, from the day on which the contract was concluded.
8.2. To exercise the right of withdrawal, the User must notify BASE4 of their decision by means of an unequivocal statement addressed to hello@base4bio.com, and may use the form provided in Annex II for this purpose, although its use is not mandatory. To meet the deadline, it is sufficient to send the communication before the period expires.
8.3. Exceptions. In accordance with Article 103 of the Consolidated Text of the General Law for the Protection of Consumers and Users (TRLGDCU), the right of withdrawal shall not apply:
(a) To the sample collection kit once unsealed, as it is a sealed item that is not suitable for return for reasons of health protection and hygiene (Article 103(e) TRLGDCU).
(b) To the analysis service once it has been fully performed, where performance began with the User’s prior express consent and their acknowledgement that they are aware that, once the contract has been fully performed by BASE4, they will have lost their right of withdrawal (Article 103(a) TRLGDCU).
8.4. Express consent to early commencement of performance. At the time of contracting, through a checkbox independent of and separate from acceptance of these Terms, the User will be asked to expressly declare: (i) that they request that provision of the service begin before the withdrawal period expires; and (ii) that they acknowledge that they will lose their right of withdrawal once the service has been fully performed, and that they will no longer be able to exercise it in respect of the kit from the moment they unseal it. In the absence of this express declaration, BASE4 will not begin performing the service until the fourteen (14) calendar day period has elapsed.
8.5. Effects of withdrawal. If the User validly withdraws, BASE4 will reimburse all payments received without undue delay and, in any event, within a maximum of fourteen (14) calendar days from the date on which it is informed of the decision to withdraw, using the same payment method used for the initial transaction, unless expressly agreed otherwise, and without the User incurring any costs. Where performance of the service began at the User’s express request during the withdrawal period, the User shall pay BASE4 an amount proportionate to the part of the service already provided at the time they communicate their withdrawal.
8.6. Annex I contains the standard information on the right of withdrawal and Annex II contains the model withdrawal form, both in accordance with the TRLGDCU.
9. Invalid samples, repeat analysis and refunds
9.1. The sample may be unsuitable for analysis for reasons beyond the User’s control, including insufficient volume, haemolysis, degradation of genetic material during transport or technical laboratory issues.
9.2. In such cases, BASE4 will offer the User a new blood draw and a new analysis at no additional cost, covering the costs of the new kit, the blood draw at a centre in the partner network and the analysis.
9.3. If the second sample is also unsuitable for analysis, the User will be entitled to a full refund of the price paid, without prejudice to their ability to voluntarily opt for a third attempt.
9.4. The provisions of this clause are without prejudice to the rights granted to the User by consumer legislation in relation to lack of conformity.
10. Intellectual and industrial property
10.1. The Platform, its content, the methodology, the algorithms and models used in the analysis, and the format of the results report are owned by BASE4 or third parties that have authorised their use, and are protected by intellectual and industrial property legislation.
10.2. The User may use their own results report for personal purposes, including providing it to healthcare professionals of their choice, but may not reproduce, distribute or commercially exploit the Platform, methodology or content without BASE4’s express authorisation.
11. Exclusion and limitation of liability
11.1. BASE4 does not guarantee 100% accuracy of the results. The service is provided for preventive and health optimisation purposes and must not be used as a substitute for diagnosis, assessment or treatment by a healthcare professional.
11.2. The partner blood collection centre acts as an independent provider of the clinical blood draw procedure and is responsible for its proper performance in accordance with the healthcare regulations applicable to it. BASE4 is responsible for the appropriate selection and coordination of the centres in its network and for the proper management of the sample pathway from the point of collection.
11.3. No provision of these Terms limits or excludes BASE4’s liability where such limitation or exclusion is not permitted under applicable law, or affects the mandatory rights granted to the User by consumer legislation.
12. Duration, account closure and suspension
12.1. The User may close their Platform account at any time.
12.2. BASE4 may suspend or terminate the User’s access in the event of misuse of the Platform or breach of these Terms, after notifying the User, unless this is impossible for reasons of urgency or security.
12.3. Closing the Platform account does not amount to withdrawing consent to the processing of health and genetic data, which is exercised independently in accordance with the Informed Consent and the Privacy Policy, nor does it affect data processing already carried out previously.
13. Data protection
13.1. The processing of the User’s personal data is governed by the Platform Privacy Policy, accessible at https://app.base4bio.com/privacy-policy. It provides information on, among other matters, the identity of the controller, the purposes and legal bases of processing, recipients, retention periods and the User’s rights.
13.2. Acceptance of these Terms does not constitute or replace consent to the processing of health and genetic data. That consent will be obtained separately through the Informed Consent, before any processing of such data.
14. Amendments to the Terms
14.1. BASE4 may amend these Terms to reflect regulatory, technical or operational changes.
14.2. Substantial amendments will be notified to the User through the Platform and by email at least 30 calendar days before they take effect. If the User does not accept the new Terms, they may terminate the contract without any penalty before the new Terms take effect.
14.3. Amendments will not apply to orders already confirmed, which will be governed by the Terms in force at the time they were contracted.
15. Customer service and complaints
15.1. The User may address any enquiry or complaint to hello@base4bio.com. BASE4 will acknowledge receipt of complaints and resolve them as promptly as possible and, in any event, within a maximum of one (1) month.
15.2. The User may voluntarily use the complaints and claims form included in Annex III to these Terms. This form does not replace the official complaint forms that BASE4 will make available to Users in accordance with applicable autonomous-community legislation and that may be requested through hello@base4bio.com, without prejudice to their right to submit a complaint to the competent consumer authorities.
16. Applicable law and dispute resolution
16.1. These Terms are governed by Spanish law.
16.2. The courts and tribunals having jurisdiction over the User’s place of residence shall have jurisdiction to resolve any dispute, in accordance with consumer protection legislation.
16.3. In accordance with Regulation (EU) 524/2013, the User is informed of the existence of the European Union’s online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr.
17. Contact
For any enquiries relating to these Terms, the User may contact hello@base4bio.com.
Annex I. Information on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 calendar days without giving any reason.
The withdrawal period will expire 14 calendar days after the day on which you or a third party designated by you, other than the carrier, acquired physical possession of the sample collection kit and, in respect of the analysis service, 14 calendar days after the day on which the contract was concluded.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or email) addressed to BASE4 BIOSCIENCES, S.L., Carrer de Can Campins, number 7, Floor 1, Door 1, 08348 Cabrils (Barcelona), hello@base4bio.com. You may use the model withdrawal form provided in Annex II, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of this right before the relevant withdrawal period expires.
Consequences of withdrawal
If you withdraw, we will reimburse all payments received from you without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a result of the reimbursement.
If you requested that provision of the service begin during the withdrawal period, you shall pay us an amount proportionate to the part of the service already provided at the time you communicated your withdrawal to us.
Exceptions to the right of withdrawal
The right of withdrawal shall not apply to the sample collection kit once unsealed, as it is a sealed item that is not suitable for return for reasons of health protection and hygiene, or to the analysis service once it has been fully performed, where performance began with your prior express consent and your acknowledgement that, once the contract has been fully performed, you will lose your right of withdrawal.
Annex II. Model withdrawal form
(Complete and send this form only if you wish to withdraw from the contract. Its use is not mandatory.)
To BASE4 BIOSCIENCES, S.L., Carrer de Can Campins, number 7, Floor 1, Door 1, 08348 Cabrils (Barcelona), hello@base4bio.com:
I hereby give notice that I withdraw from my contract of sale of the following goods / for the provision of the following service: ____________________________
Ordered on / received on: ____________________________
Name of consumer: ____________________________
Address of consumer: ____________________________
Signature of consumer (only if this form is submitted on paper): ____________________________
Date: ____________________________
Annex III. Complaints and Claims Form
This form allows complaints and claims to be submitted directly to BASE4 from anywhere in Spain. Its use is voluntary and does not replace the official complaint forms required under applicable autonomous-community legislation or limit the right to approach the competent authorities.
COMPANY DETAILS
Company name: BASE4 BIOSCIENCES, S.L.
Tax identification number (NIF): B24825846
Address: Carrer de Can Campins, number 7, Floor 1, Door 1, 08348 Cabrils, Barcelona.
Customer service email address: hello@base4bio.com
COMPLAINANT’S DETAILS
First name and surname(s): ______________________________________
Email or postal address for receiving the response:
Town/city, province and postcode: _________________________
Contact telephone number (optional): _____________________________
If acting through a representative, their first name and surname(s) and proof of their authority to act:
SERVICE OR CONTRACT CONCERNED
Order, contract or reference number, if available:
Date of the contract or incident: ________________________
Service concerned: __________________________________
DESCRIPTION OF THE FACTS
Explain what happened, indicating the relevant dates and, where applicable, any steps previously taken.
You may attach additional sheets if you need more space.
REQUESTED RESOLUTION
Indicate the resolution you are requesting and, if you are claiming a sum of money, its amount and the basis for the claim.
SUPPORTING DOCUMENTS
List the documents you are providing, such as order confirmations, invoices or previous communications. Keep the originals.
SUBMISSION AND RESPONSE
You may send this form to hello@base4bio.com or to the postal address indicated in section 1.
BASE4 will provide an acknowledgement of receipt on a durable medium and an identifying reference for the complaint. The response will be sent using the contact details provided, within the applicable statutory period.
Submitting this form does not constitute a waiver of any rights or prevent recourse to consumer authorities, dispute resolution mechanisms or the competent courts.
Place and date: ___________________________________________
Signature, if submitted on paper: ______________________________
DATA PROTECTION
BASE4 BIOSCIENCES, S.L. will process the data provided to manage and respond to your complaint or claim and comply with applicable legal obligations. The data may be disclosed to the competent authorities and bodies where appropriate and will be retained while the matter is being handled and for the legally required periods.
You may exercise your data protection rights by contacting privacy@base4bio.com. You may lodge a complaint with the Spanish Data Protection Agency (www.aepd.es).
Include only the information necessary to handle your complaint. Avoid attaching genetic results, medical reports or other health data that is not necessary.
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