Terms and Conditions

All non–gender-specific terms used in these Terms and Conditions follow the unisex principle and thus apply equally to all genders.

Definitions

Seller:

Gentastic GmbH
St. Jakober Straße 1
9020 Klagenfurt
Austria

Customer: the contractual partner of Gentastic GmbH.
Consumer: a consumer within the meaning of the Austrian Consumer Protection Act (KSchG).
Entrepreneur: an entrepreneur within the meaning of § 1 of the Austrian Commercial Code (UGB) when the transaction with Gentastic GmbH relates to the operation of the entrepreneur’s business.
DNA Analysis Report: analyses relating to genetic genealogy and genetic health.
Web App: the online application provided by the Seller through which the Customer can access his or her DNA analysis reports.

1. Scope of Application

1.1 The Seller operates an online shop (“Webshop”). Customers can order various products and services via this Webshop.
1.2 The Webshop is operated under the registered trademark “Gentastic.”
1.3 These Terms and Conditions apply exclusively to all business transactions with the Seller, unless otherwise expressly agreed in writing. This applies in particular to all products and services offered by the Seller via the Webshop at https://shop.gentastic.at/. These Terms and Conditions remain in force for the entire duration of the business relationship. If the Customer does not accept these Terms and Conditions, no contract is formed.
1.4 Any deviating or additional provisions shall only become part of the contract if confirmed in writing by the Seller. By placing an order, the Customer acknowledges these Terms and Conditions as the contractual basis.

2. Subject Matter of the Contract

2.1 Subject matter of the contract are the products and services specified by the Customer in the order and confirmed by the Seller at the prices stated in the Webshop at the time of order, including any subscription fees. Errors and omissions excepted.
2.2 The properties of the goods result from the product descriptions in the Webshop. Illustrations are symbolic and may differ from the actual product.
2.3 Only persons aged 14 or over may purchase in this online shop. By ordering, the Customer confirms that he or she is at least 14 years old.
2.4 DNA Analyses: The Customer can purchase various DNA test kits in the Webshop. The analysis of the kit is included in the total price. After ordering, the Customer receives instructions for registering in the Web App and for sample collection. Registration and account creation in the Web App are required to receive a genetic analysis report. The sample can be returned to the lab free of charge. After analysis, the Customer receives a PDF report in their Web App account.
2.5 Supplements Subscription: In addition to the one-time DNA analysis, the Customer can subscribe to 3-, 6- or 12-month packages of personalized dietary supplements based on the DNA results.

3. Formation of Contract

3.1 The Customer selects a DNA analysis package or supplements subscription and adds it to the cart via “Add to Cart.” By clicking “Order” or “Buy Now,” the Customer proceeds to checkout, enters contact and shipping information, and completes the purchase.
3.2 The Webshop’s product listings are an invitation to submit an offer and do not constitute a legally binding offer.
3.3 By clicking “Pay” or “Subscribe and Pay,” the Customer makes a binding offer to conclude the contract for the items in the cart. The Customer may review and correct the data before submitting. Depending on the payment method, the Customer is redirected to the payment provider’s page.
3.4 Upon receipt of the order, the Seller sends an automatic order confirmation by email, listing the ordered items (order confirmation). This email only acknowledges receipt and does not constitute acceptance of the offer. The contract is formed only when the Seller dispatches or hands over the goods, issues an explicit order confirmation, or sends an invoice. If the Customer does not receive dispatch notification or goods within the specified period, the Customer is no longer bound to the order. The right of withdrawal under § 11 FAGG remains unaffected.
3.5 The Seller may refuse or partially accept orders exceeding the Customer’s usual order volume, without stating reasons.
3.6 The Seller stores the contract. Upon request, the Customer receives the contract text.

4. Prices and Payment

4.1 All prices are subject to change and are quoted in euros, including statutory VAT and duties, unless otherwise stated.
4.2 Price reductions after an order has been placed will not be applied retroactively.
4.3 The Customer may choose from the available payment methods before completing the order: credit card, PayPal, Klarna, and bank transfer (EPS, Giropay, Bancontact, iDEAL). Payment services are provided by Stripe, Inc. (Stripe Payments Europe, Ltd.). The Stripe Terms apply. If third parties process payment (e.g., PayPal, Klarna), their terms apply.
4.3.1 Credit Card: We accept VISA, MasterCard, and American Express.
4.3.2 Klarna: Payment by Klarna requires credit and address checks. Invoice payment is due 30 days after dispatch; immediate debit is possible.
4.3.3 PayPal: Payment is processed by PayPal. The Customer must have a PayPal account.
4.3.4 Bank Direct Debit: Bank authorization is conducted via the Customer’s bank’s authentication methods (e.g., SMS TAN).
4.4 The Customer may only offset undisputed or legally established claims.
4.5 If the Customer is in default, all outstanding claims become due immediately. The Seller may claim default interest or compensation for actual damage. The Customer shall reimburse necessary dunning and collection fees.

5. Right of Withdrawal

5.1 The Customer has a 14-day withdrawal period under the Austrian Distance and Off-Premises Transactions Act (FAGG).
5.2 The right of withdrawal lapses once the Customer has begun performance of the service (i.e., sample collection).

6. Termination of Subscription

6.1 For supplement subscriptions, the Customer will be notified by email one month before the end of the term and informed of termination options. Absent timely notice, the subscription renews for the originally chosen period.
6.2 The subscription may be terminated early for good cause at any time in writing. Prepaid fees will be refunded pro rata.

7. Delivery

7.1 We deliver without undue delay, usually within 14 days, within the EU and Switzerland. Special shipping costs requested by the Customer are borne by the Customer.
7.2 The Seller is not liable for delays due to force majeure or transport disruptions. Delivery times may be extended accordingly.
7.3 If delivery becomes impossible due to supplier issues, the Seller may withdraw from the contract and refund any payments.
7.4 Risk transfers to the Customer upon delivery. If the Customer arranges carriage, risk transfers upon handover to the carrier. Partial deliveries are permitted.

8. Conduct and Evaluation of DNA Tests

8.1 The Customer receives instructions for test execution and sample collection with the kit.
8.2 A pre-paid return envelope is included for free sample return.
8.3 Registration in the Web App is required to obtain sequence analysis.
8.4 DNA is isolated and analysed by quantitative real-time PCR in a regional lab.
8.5 Results are provided as a PDF in the Customer’s Web App account.
8.6 If the sample is insufficient or of poor quality, a replacement kit will be sent free of charge for re-sampling.
8.7 Consent for data processing and lifestyle information is obtained during ordering. See our privacy policy on genetic analysis.
8.8 Kits must be returned within six months of purchase due to ongoing lab improvements.

9. Production of Personalized Supplements

9.1 Upon subscribing to supplements, the Customer receives a lifestyle questionnaire. Based on DNA results and lifestyle data, personalized supplements are produced and delivered for the subscription term.
9.2 Consent for data processing is obtained during ordering. See our genetic analysis privacy policy.

10. Retention of Title

The Seller retains title to goods until full payment. For entrepreneurs, title remains until all claims from the business relationship are settled.

11. Liability and Indemnification

11.1 The Seller is liable for intentional or grossly negligent damages and for injury to life, body, or health caused by negligence. The Seller is not liable for injuries resulting from self-conducted tests.
11.2 No liability for delays in delivery.
11.3 No guarantees on accuracy, completeness, reliability, or fitness for purpose of products or results.
11.4 The Seller is not liable for download or storage of DNA reports by the Customer.
11.5 Products are not for medical use. Reports do not diagnose diseases or assess health risks.

12. Warranty

12.1 Warranty is governed by statutory provisions.
12.2 Entrepreneurs must inspect goods immediately and report defects within two weeks of delivery or discovery. Minor deviations do not constitute defects.
12.3 For entrepreneurs, the Seller may choose repair or replacement.
12.4 Statutory limitation for entrepreneurs’ claims is one year after risk transfer, unless longer by law.
12.5 Return claims must include a copy of the invoice or order number.
12.6 Customers are responsible for proper use of test kits and instructions. Misuse voids claims.

13. Product Liability

13.1 Claims under product liability law are excluded to the extent legally permissible.
13.2 The Customer must follow product instructions; the Seller is not liable for improper storage or use.
13.3 Failure to follow mounting, commissioning, or maintenance instructions releases the Seller from liability.
13.4 The Customer must cooperate in clarifying any damage incidents.

14. Final Provisions

14.1 Austrian law applies exclusively. The UN Sales Convention is excluded. For entrepreneurs, the court at the Seller’s place of business (Klagenfurt, Austria) has jurisdiction.
14.2 Should any provision be invalid, the remainder remains effective. The invalid provision is replaced by a valid one that comes closest to its purpose.