LEGAL
Terms of Use and Purchase
Service provider: BASE4 BIOSCIENCES, S.L. (hereinafter, “BASE4”)
1. Purpose and identification of the service provider
1.1. These Terms of Use and Purchase (hereinafter, the “Terms”) govern access to and use of the digital platform of BASE4 BIOSCIENCES, S.L., with its registered office at Carrer de Can Campins, number 7, Floor 1, Door 1, Cabrils (08348 Barcelona), tax identification number (NIF) B-24825846, registered with the Barcelona Commercial Registry (hereinafter, the “Platform”), as well as the purchase through it of 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. Purchasing the service requires express acceptance of these Terms by ticking the relevant box 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 model 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 a blood collection appointment at a centre belonging to BASE4’s network of partner blood collection centres.
The sample is sent to the sequencing and analysis laboratories engaged 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 classified as an in vitro diagnostic medical device (Regulation (EU) 2017/746) and does not replace assessment by a healthcare professional. Results must always be interpreted together with BASE4’s medical team or the User’s own doctor.
3. Access requirements and legal capacity
3.1. The service may only be purchased 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 processing any health or genetic data or analysing the sample.
3.3. The User undertakes to provide truthful, complete and up-to-date information in the questionnaire and during registration, and is responsible for keeping their login credentials secure.
4. Relationship between BASE4 and the User
4.1. Unlike the model offered through partner clinics, under this direct-to-consumer sales model BASE4 has a direct relationship with the User: BASE4 sells the service, manages payment, coordinates blood collection through its network of partner centres and communicates the results through its own medical or telemedicine team.
5. Purchase procedure
5.1. The purchase procedure consists of the following steps: (i) User registration on the Platform; (ii) selection of the service; (iii) entry of billing and delivery details; (iv) review of the order, with the option to identify and correct errors in the information entered before confirmation; (v) express acceptance of these Terms and of the declarations set out 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.
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, including details of the service purchased, 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 retained 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 displayed on the Platform at the time of ordering. Prices are expressed in euros and include applicable VAT.
6.2. Before the User is bound by the order, the total price, including taxes and any additional costs, will be displayed. No charges will be applied unless they have been communicated in advance.
6.3. Payment is made directly to BASE4 using the payment methods enabled on the Platform.
7. Delivery and service performance times
7.1. Sample collection kit: it will be sent to the address specified by the User within a maximum of 5 working days after order confirmation.
7.2. Blood collection: 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 period of 6 weeks after blood collection and, in any event, within a maximum of 12 weeks.
7.4. The times set out in clause 7.3 may be affected by incidents during sample transport, including international transport, or technical incidents 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 period specified in clause 7.3, it will notify the User, who may terminate the contract and receive a full refund of the amounts paid without undue delay.
8. Right of withdrawal
8.1. The User, as a consumer, has the right to withdraw from the contract within fourteen (14) calendar days without giving any reason. This period is calculated: (i) for the supply of the kit, from the day on which the User or a third party designated by the User acquires physical possession of the kit; and (ii) for the analysis service, from the day on which the contract is concluded.
8.2. To exercise the right of withdrawal, the User must notify BASE4 of their decision by means of an unequivocal statement sent to hello@base4bio.com. The User may use the form set out in Annex II for this purpose, but its use is not mandatory. To meet the deadline, it is sufficient to send the communication before the withdrawal 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 will not apply:
(a) To the sample collection kit once unsealed, as it is a sealed product that is not suitable for return for health protection and hygiene reasons (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 acknowledgement that they understand 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 purchase, through a separate checkbox independent of acceptance of these Terms, the User will be asked to expressly declare: (i) that they request performance of the service to 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 once 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 means of payment used for the initial transaction, unless expressly agreed otherwise, and without any cost to the User. Where performance of the service began at the User’s express request during the withdrawal period, the User will pay BASE4 an amount proportionate to the part of the service already provided at the time they communicate their withdrawal.
8.6. Annex I sets out 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 incidents.
9.2. In that event, BASE4 will offer the User a further blood collection and analysis at no additional cost, covering the costs of the new kit, blood collection 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 option to voluntarily choose a third attempt.
9.4. This clause is without prejudice to the User’s rights under consumer legislation in relation to lack of conformity.
10. Intellectual and industrial property
10.1. The Platform, its content, the methodology, algorithms and models used in the analysis, and the format of the results report are owned by BASE4 or by 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 sharing it with 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 prevention 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 collection procedure and is responsible for its proper performance in accordance with the healthcare legislation 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 time of collection.
11.3. Nothing in these Terms limits or excludes BASE4’s liability where such limitation or exclusion is not permitted under applicable law, or affects the User’s mandatory rights under 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 cancel 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 withdrawal of consent to the processing of health and genetic data, which must be exercised separately in accordance with the Informed Consent and the Privacy Policy, and does not affect data processing already carried out.
13. Data protection
13.1. The Informed Consent and the Privacy Policy are separate documents from these Terms. Acceptance of these Terms does not constitute or replace consent to the processing of health and genetic data.
13.2. Before completion of the health questionnaire and before any processing of health or genetic data, the User will be asked to sign the Informed Consent separately, expressly, specifically and on an informed basis.
13.3. The Privacy Policy is for information purposes and fulfils the duty to provide information under Article 13 of Regulation (EU) 2016/679. It does not require acceptance by the User.
13.4. Under this direct-to-consumer sales model, BASE4 acts as the sole controller, as no partner clinic is involved in the process.
14. Amendments to the Terms
14.1. BASE4 may amend these Terms to reflect regulatory, technical or operational changes.
14.2. Material 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 penalty before those 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 of purchase.
15. Customer service and complaints
15.1. The User may send any query or complaint to hello@base4bio.com. BASE4 will acknowledge receipt of complaints and resolve them as soon as possible and, in any event, within a maximum of one (1) month.
15.2. BASE4 makes official complaint forms available to the User [● CONFIRM how these are to be made available in accordance with Catalan regional legislation].
16. Applicable law and dispute resolution
16.1. These Terms are governed by Spanish law.
16.2. The courts and tribunals of the User’s place of residence will 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 queries 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, acquires physical possession of the sample collection kit and, in respect of the analysis service, 14 calendar days after the day on which the contract is 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 set out in Annex II, but its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of this right before the relevant withdrawal period expires.
Effects of withdrawal
If you withdraw from this contract, 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 means of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested that performance of the service begin during the withdrawal period, you will 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 will not apply to the sample collection kit once unsealed, as it is a sealed product unsuitable for return for health protection and hygiene reasons, or to the analysis service once 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 for the following goods / for the provision of the following service: ____________________________
Ordered on / received on: ____________________________
Consumer’s name: ____________________________
Consumer’s address: ____________________________
Consumer’s signature (only if this form is submitted on paper): ____________________________
Date: ____________________________
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