1.1 These General Terms and Conditions (the “Terms”) apply to orders of test kits, to the performance of laboratory-based genetic, epigenetic and biomarker-based analyses and to related services of HealthBioCare GmbH (“HBC”), unless the relevant offer or an individual agreement provides otherwise.

1.2 “Consumers” are natural persons who enter into a legal transaction predominantly for private purposes. “Businesses” are natural or legal persons who, when concluding the contract, act in the exercise of their commercial or independent professional activity.

1.3 Mandatory statutory rights of consumers remain unaffected. Deviating or supplementary terms and conditions of a business apply only if HBC has expressly agreed to their application in text form.

2.1 HBC is the contracting party for a specific order if HBC is named as the contracting party in the offer, the order form or the order confirmation. HBC’s contact details are: HealthBioCare GmbH, Billrothstraße 4, 1190 Vienna, Austria, company register number FN 363659v; e-mail: office@healthbiocare.com

2.2 Where services are arranged or ordered through a physician, therapist, multiplier or other partner, the specific offer, order form and order confirmation determine who is the end customer’s contracting party. Where the partner acts towards its customer in its own name and itself commissions HBC, the mere submission of a sample does not, as a rule, create an additional contract between HBC and the person tested.

2.3 Partners act independently in legal and organisational terms. In particular, they are themselves responsible for giving their customers accurate information about their own services and for complying with the statutory information, consent and advisory obligations that apply to them.

3.1 HBC offers laboratory-based analyses in the field of genetic, epigenetic and biomarker-based testing. The specific scope of services owed, the parameters tested, the samples required, any questionnaires, the form of the report and the price follow from the product description valid at the time of the order and from the relevant offer or order form.

3.2 The current range of services may include, among others, Metabolic Health Panels, Healthy Aging Panels, Healthy Sport Panels, Healthy Sport Plus Panels, Stress Monitor Panels and the respective follow-up analyses. Not every panel covers the same parameters or requires the same information or samples.

3.3 Unless a service is expressly offered and contractually undertaken as a medical service, the analysis results serve as general health information or as information about the biomarkers tested and do not constitute a medical diagnosis, therapy or medical advice. They replace neither a medical examination nor qualified medical advice.

3.4 The specific legal classification of individual genetic analyses and any prescribed information, counselling or consent steps are governed by the applicable statutory provisions and the relevant product description. HBC does not perform analyses that are not permitted by law or not sufficiently documented.

3.5 Depending on the panel, the service includes, in addition to the laboratory analysis, the evaluation of the nutrition and lifestyle questionnaire completed by the customer. HBC compares the information with recognised reference values, in particular the D-A-CH reference values for nutrient intake, taking sex and age into account, and evaluates it together with the laboratory results. On this basis, where provided for the relevant panel or requested by the client, HBC prepares a personalised recommendation on nutrition and lifestyle and on suitable food supplements and plant compounds.

3.6 The recommendations under clause 3.5 are general nutrition and lifestyle recommendations for preventive health care. They are not medical treatment or therapy and do not replace a medical assessment. In the case of existing illnesses, medication, pregnancy or breastfeeding, their implementation should be agreed with a physician in advance.

4.1 Presentations of services on a website or in information material do not, as a rule, constitute a binding offer unless they are expressly marked as such.

4.2 In the case of an online order, the customer submits a binding offer by completing the ordering process. The contract is concluded when HBC confirms the order in text form or dispatches the test kit or begins the agreed service, insofar as this is indicated accordingly in the ordering process.

4.3 In the case of orders placed on a paper order form, the contract is concluded upon acceptance by HBC, in particular by confirmation in text form or by dispatch of the test kit. For businesses, HBC may confirm acceptance expressly by e-mail. Individual agreements in the relevant order form take precedence over these general rules.

4.4 The customer shall ensure that the contact details they provide are correct and up to date and that messages sent to the e-mail address provided can be received.

4.5 To process the order, the customer creates a personal customer account on HBC’s online platform. Through the customer account, the customer completes the nutrition and lifestyle questionnaire and obtains access to their analysis results and recommendations. In white-label variants, the platform of the relevant partner may take the place of the HBC customer account; details are set out in the partner contract.

4.6 The customer shall keep their access data secret and protect it against access by third parties. If there is a suspicion that third parties have obtained knowledge of the access data, the customer shall inform HBC without undue delay. The customer may request the deletion of their customer account at any time; statutory retention obligations and clauses 12.5 to 12.7 remain unaffected.

5.1 The client shall collect sample material properly in accordance with the instructions supplied, label it completely and correctly and send it to HBC, and shall enter the questionnaire and the other required information completely in the customer account or on the partner’s platform. On request, the client shall supply missing information or documents.

5.2 The client may only submit samples that it is entitled to submit. Where a sample is submitted for another person, the powers of representation, information and consents required by law in each case must be in place. For minors, the analysis can only be performed to the extent permitted by law and after all consent requirements that may apply have been met.

5.3 HBC is not responsible for delays or limitations attributable to improper sample collection, damage in transit, incomplete or incorrect information or missing documents. If a sample cannot be evaluated or can be evaluated only to a limited extent, HBC informs the client concerned of the further steps available and of any costs that may arise.

5.4 HBC does not check whether submitted sample material is of human origin, comes from the person named in the order form or is unmixed. The analysis is based on the labelling of the sample and the information provided by the client. The client is responsible for the origin, assignment and integrity of the sample material. Results based on sample material that is non-human, swapped, mixed or attributable to another person are not meaningful; HBC assumes no responsibility for them. Clause 11.1 remains unaffected.

5.5 HBC does not check whether the person who signs the order form or places the order is authorised to do so. HBC may assume that the signature or order is legally effective and that the person acting is authorised to place the order.

6.1 The processing time depends, among other things, on the receipt of the sample material, the completeness of the information and whether the sample can be evaluated. Analysis results are usually provided within up to 20 working days after the sample has been received in the laboratory. Unless a binding date has been expressly agreed, this figure is an estimated processing time.

6.2 HBC may ask necessary questions and suspend processing for as long as essential information, required consents or suitable samples are missing. The client is informed of significant delays insofar as this is reasonable and possible.

7.1 Analysis results and recommendations are made available in the customer account or on the platform of the relevant partner. HBC gives notice of their availability by e-mail to the address on file. If a further recipient is named in the order form or the order confirmation, the client shall ensure that the designation is lawful and that this recipient may receive the results.

7.2 For partner orders, the passing on of results to end customers is governed by the relevant contractual relationship and the agreed allocation of roles. HBC does not undertake any medical interpretation, therapy decision or medical advice unless this has been expressly agreed as a service of its own; the recommendations under clause 3.5 remain unaffected by this.

7.3 The client is responsible for using analysis reports in accordance with their purpose and with due regard to any professional or legal limits. Results may be limited by sample quality, the test method and the parameter tested in each case; they do not readily permit conclusions about characteristics or diseases that were not tested.

7.4 Where the analysis is commissioned through a physician or another healthcare professional, or the results are sent to such a person, the medical assessment of the results and the decision on further diagnostic or therapeutic measures are solely that person’s responsibility.

8.1 The prices, fees and payment terms shown in the specific offer, ordering process or order form before the order is placed apply. Any shipping or additional costs are stated there separately.

8.2 Total prices including statutory VAT are shown to consumers. Prices may be shown to businesses net plus statutory VAT, provided the offer clearly states this.

8.3 Invoices shall be paid within the payment period stated in each case. If a client is in default of payment, the statutory consequences of default apply. HBC may withhold the delivery of results until payment only insofar as this has been effectively agreed in the specific contract and is permitted by law.

8.4 Prices, any additional costs, cancellation fees and refunds are governed exclusively by the price conditions clearly communicated before the order was placed and effectively agreed.

9.1 In distance contracts, consumers generally have the statutory right of withdrawal of 14 days. For goods, the period generally begins on their receipt and, for services, generally on the day the contract is concluded. Details and the model withdrawal form are contained in Annex 1 to these Terms.

9.2 If the consumer expressly requests that a service begin before the withdrawal period expires and confirms the acknowledgement required by law, a proportionate amount for the service provided up to that point may be owed in the event of withdrawal. For a service, the right of withdrawal expires early only once the service has been performed in full and the statutory requirements, in particular the prior express consent and confirmation, have been met.

9.3 For goods delivered sealed that are not suitable for return for reasons of health protection or hygiene, the right of withdrawal may cease to apply in accordance with the law if the seal has been removed after delivery. This applies only insofar as the specific statutory requirements are met; no blanket exclusion for every opened test kit is agreed.

9.4 In all other respects, the statutory exceptions and the consequences of withdrawal are governed by the Austrian Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG). Mandatory consumer rights remain unaffected.

10.1 The statutory warranty rights apply. Obvious damage to the shipping material or recognisable problems with a test kit should be reported to HBC as promptly as possible; the consumer’s statutory rights are not restricted if such a report is not made.

10.2 Where an analysis service is the subject of a complaint, HBC examines the cause and the available remedies. A new sample attempt, a repeat analysis or a refund is governed by the statutory claims and the circumstances of the individual case; a particular outcome cannot be promised if it depends on sample quality or other factors beyond HBC’s control.

11.1 HBC is liable without limitation for damage caused intentionally or by gross negligence, for culpably caused personal injury and in all cases of mandatory statutory liability.

11.2 In the event of a slightly negligent breach of material contractual obligations, HBC is liable, to the extent permitted by law, for the foreseeable damage typical for the contract. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the client may regularly rely.

11.3 Unless HBC has expressly undertaken a medical or advisory service, HBC is not liable for independent medical interpretations or decisions made by clients or partners outside the agreed scope of services. Statutory claims for errors in the laboratory service owed by HBC remain unaffected.

12.1 HBC processes personal data to prepare, perform and handle the contract and to comply with statutory obligations. Depending on the service, special categories of personal data, in particular health data and genetic data, may be concerned.

12.2 Details of purposes, legal bases, recipients, storage periods and data subject rights are described in the separate privacy policy or in the privacy information provided for the relevant analysis. Where explicit consent or another separate declaration is required by law, it is obtained separately. Mere acceptance of these Terms does not replace such consent.

12.3 Insofar as HBC, in the context of a partner order, processes personal data as a processor on behalf of the partner, the separate data processing agreement (DPA) under Art. 28 GDPR applies in addition. The DPA is to be incorporated as an annex to a partner contract and accepted by the parties in a traceable manner, including electronically. It does not apply merely because the end customer is a consumer.

12.4 Insofar as the partner is a controller, it is responsible in particular for its legal basis, for fulfilling its information obligations and for the required consents vis-à-vis the data subjects. The allocation of roles follows the actual decision-making powers and processing operations and not merely the contractual designation.

12.5 HBC may use sample material and the measurement data generated during the analysis (raw data) in pseudonymised form, i.e. exclusively under a sample ID without name or contact details, for internal quality assurance, in particular for control and repeat measurements, method validation, proficiency testing and the monitoring and improvement of the analytical procedures. Access to the link between sample ID and person is restricted to the staff who need it for this purpose.

12.6 Sample material and raw data are used for scientific research and the development of new analytical procedures exclusively in pseudonymised or anonymised form and only insofar as the data subject has separately consented to this or another legal basis exists. Consent is voluntary; the performance of the commissioned analysis does not depend on it. It may be withdrawn at any time with effect for the future. Research results are published only in a form that does not allow conclusions to be drawn about individual persons.

12.7 Unused sample material is kept for up to 12 months after completion of the analysis for control and repeat measurements and is destroyed thereafter, unless consent under clause 12.6 has been given.

13.1 The parties shall treat as confidential any confidential information that becomes known to them in connection with the contract and shall use it only for the purposes of the contract, unless there is a statutory duty of disclosure. Statutory data protection and confidentiality obligations remain unaffected.

14.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as this choice of law is permissible. For consumers, the mandatory protective provisions of the state of their habitual residence remain unaffected.

14.2 For businesses, Vienna, Austria, is the exclusive place of jurisdiction, insofar as an agreement on jurisdiction is permitted by law. For consumers, the statutory places of jurisdiction apply.

15.1 Amendments and additions to individual agreements should be documented in text form. This does not affect any statutory form requirements or any rights of consumers.

15.2 Should any provision of these Terms be or become invalid, the remaining provisions remain valid. An invalid provision is replaced by the statutory provisions.

15.3 The contract languages are German and English. The English version of these Terms is a translation; in dealings with businesses, the German version prevails in the event of any discrepancy.

A. Withdrawal instructions for consumers

You have the right to withdraw from a distance contract within 14 days without giving any reason. For a contract for goods, the withdrawal period is 14 days from the day on which you, or a third party other than the carrier and indicated by you, acquired physical possession of the goods. For a service contract, the period is, as a rule, 14 days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter or an e-mail). Address the statement to: HealthBioCare GmbH, Billrothstraße 4, 1190 Vienna, Austria, e-mail: office@healthbiocare.com. You may use the model form below for this purpose, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of the least expensive standard delivery offered by us, without undue delay and in any event not later than 14 days from the day on which we received the communication of your withdrawal. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you inform us of your withdrawal. You bear the direct cost of returning the goods, insofar as permitted by law and unless we have expressly agreed otherwise.

If you requested that a service should begin during the withdrawal period, you shall pay us, in the event of withdrawal, a reasonable amount which is in proportion to the services already provided up to the time you inform us of your exercise of the right of withdrawal, in comparison with the full scope of the services provided for in the contract, provided that the statutory requirements are met.

The right of withdrawal may expire early or be excluded in cases provided for by law, in particular for services performed in full after prior express consent and the confirmation required by law, and for certain sealed goods after their seal has been removed, where the statutory hygiene requirements are met.

B. Model withdrawal form

If you wish to withdraw from the contract, please complete and return this form:

To: HealthBioCare GmbH, Billrothstraße 4, 1190 Vienna, Austria, e-mail: office@healthbiocare.com.

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*) / for the provision of the following service (*):

Ordered on (*) / received on (*): ______________________________________________

Name of consumer(s): __________________________________________________

Address of consumer(s): ________________________________________________

Signature of consumer(s) (only if this form is notified on paper): ___________________

Date: ____________________

(*) Delete as appropriate.