Terms of service

These General Terms and Conditions (GTC) are those of Biome Diagnostics GmbH (referred to as “Biome Diagnostics” for short):

Address: Handelskai 92, 1200 Vienna

Managing Directors: Barbara Sladek PhD, MBA , Dr.med.univ. Nikolaus Gasche

Telephone number: +43 1 99 74 276

E-mail: service@mybioma.com

We invite you to read the terms and conditions at your leisure, as they contain important information and provisions for your order on www.mybioma.com.

We have refrained from using a gender-neutral wording in the wording of the General Terms and Conditions, as this makes them easier to read. It goes without saying, however, that all personal designations refer to all sexes.

1. Scope of application, applicable law and mandatory consumer protection provision

These GTC apply to the contracts concluded between you and us, the company Biome Diagnostics (Handelskai 92, 1200 Vienna) represented by Barbara Sladek, PhD, MBA and Dr. med.univ. Nikolaus Gasche, via this online shop. The language available for the conclusion of the contract is German and English.

The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if

a) you have your habitual residence in Austria, or

b) you are habitually resident in a State which is not a member of the European Union.

c) In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

2. Subject matter of the contract

Biome Diagnostics operates a portal under the web address www.mybioma.com which enables customers to order the myBioma microbiome Analysis Kit. Biome Diagnostics provides the customer with a sampling kit. With the utensils in this kitbox, customers can take a stool sample at home. The customer then sends the sample in the enclosed envelope to our partner laboratory for analysis. The results of the analysis are made available to our customers in the mobile myBioma App (iOS/Android). The results are also made available via the myBioma App (iOS/Android) for customers who have purchased the myBioma Analysis Kit via other sales channels (e.g. doctors or pharmacies).

Our goal is to make access to microbial analysis as easy as possible. Biome Diagnostics provides customers with the results of stool analysis from the laboratory followed by bioinformatic analysis. Biome Diagnostics explicitly does not offer any interpretation of the results because we are convinced that this advice should be provided individually by medical specialists. Thus, the analysis provided is no substitute for a visit to the doctor.

Please always follow the instructions for use and instructions in the myBioma Analysis Kit. Only use those materials for stool collection that are provided to you in the myBioma Analysis Kit.

Each myBioma Analysis Kit includes an individual ID (identification number). You can use this ID to activate your myBioma Analysis Kit and link it to your e-mail address.

You send your stool sample in the return envelope directly to us. Your sample will then be analysed in our partner laboratory. The data will be transmitted to us. We analyse the results bioinformatically and provide you with the results via the myBioma App (iOS/Android). Your stool sample is always treated anonymously with the ID.

For the purpose of analysis and evaluation of your stool sample it is necessary that our partner laboratory cooperates with us. Data is collected, processed and exchanged with both partners. For the laboratory concerned, however, the data will always and exclusively be linked to your ID, which does not allow the laboratory to draw any conclusions about your personal data and your person. Biome Diagnostics has obligated the partner laboratory to comply with the applicable data protection regulations when collecting and processing all data.

3. User profile

You can place orders by specifying your billing and delivery address and your preferred payment method at www.mybioma.com and via the mobile myBioma App (iOS/Android).

Once you hold your personal myBioma Analysis Kit in your hands, we will ask you to activate it and link it to your e-mail address. You can then manage and update your personal data yourself. The results of the laboratory analysis are also available in the user profile.

The data is stored in the user profile in accordance with our data protection regulations.

You have the right and the possibility to have your data deleted at any time. Please contact us at our e-mail address service@mybioma.com for this purpose. Your personal data will then be deleted immediately, as long as Biome Diagnostics is not allowed or obliged to store them due to legal regulations. Further information on the handling of your personal data can be found in the data protection declaration, available at https://www.mybioma.com/datenschutz/.

Please note that you are obliged to provide all information about yourself completely and truthfully when ordering and activating.

You can access your user profile or myBioma report via the mobile myBioma App (iOS/Android) and the personal access data you provide during activation. You must ensure that e-mails that you receive from Biome Diagnostics are kept confidential and that the data is not made available to unauthorised third parties. Biome Diagnostics is not responsible and liable for any unauthorised use of your data or for any damage resulting therefrom, insofar as this is attributable to deficiencies in the customer’s storage and secrecy of access data.

To place an order at www.mybioma.com or activate a myBioma Analysis Kit, you must be at least 18 years old.

4. Conclusion of contract

The presentation of the goods and services in our online shop is not a legally binding offer, but an invitation to order (invitatio ad offerendum).

By clicking on the “Pay to order” button in the last step of the ordering process, you make a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after submitting your order, you will receive an order confirmation which does not, however, constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by a separate e-mail or dispatch the goods. Please check the SPAM folder of your e-mail account regularly.

You can select goods for purchase and/or services for booking in our online shop by placing them in a shopping basket by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the order process. After the article selection in the shopping basket and the specification of all necessary order and address data in the following step, a page opens by pressing the button “Next”, in which the essential article data including resulting costs are summarized again. Up to this time you can correct your inputs and/or refrain from the contract explanation. A binding offer within the meaning of paragraph 2 will only be made when you click on the button “Order subject to payment”.

5. Order process / conclusion of the contract

The presentation of the myBioma Analysis Kit on the website www.mybioma.com does not constitute a binding offer by Biome Diagnostics to conclude a contract for delivery. Rather, customers are given the opportunity to make a binding offer to purchase the selected product.

You make this offer by selecting the desired number of myBioma Analysis Kits in the myBioma shop and clicking the “Confirm order” button at the end of the order process. Before sending the order, you can view, change and delete your order data at any time. To do this, you can use the browser navigation and select text fields to return to pages and fields that have already been filled in and change the information entered.

After placing your order, you will receive a confirmation e-mail to the e-mail address you provided during the ordering process. This order confirmation is not an acceptance of the offer, but merely an information about the receipt of the order, stating the order data transmitted by you.

The contract for the delivery of the myBioma Analysis Kit and the associated obligation to carry out the analysis in our partner laboratory only comes into effect upon receipt of an order confirmation and/or invoice, which we send to you by a second e-mail. Acceptance of the offer is at the discretion of Biome Diagnostics. You have no claim to acceptance of your offer and conclusion of the contract.

You are bound to your offer for at least 2 days from receipt of your order by us. After expiry of this period you may cancel your order at any time until receipt of our order confirmation or invoice irrespective of your right of revocation.

The e-mail with which the order confirmation and/or invoice with the essential contents is sent to you to conclude the contract will be stored by us. Nevertheless, we recommend that you archive our order confirmation and/or invoice as well as the General Terms and Conditions in the respective valid version.

6. Revocation instruction – right of revocation (right of withdrawal)

You have the right to withdraw from this contract without giving reasons within 14 days of the date on which you or a third party other than the carrier designated by you took possession of the goods.

In order to exercise your right of withdrawal, you must inform us of your decision by means of a clear statement (e.g. a letter or e-mail sent by post). The revocation is to be addressed to: Address: Biome Diagnostics GmbH Handelskai 92, 1200 Vienna. In the event that the revocation declaration is sent by e-mail, it must be addressed to: service@mybioma.com. In order to comply with the revocation period, it is sufficient if you send your notification of the exercise of the right of revocation before the expiry of the revocation period.

If you revoke this contract, we shall reimburse you for all payments received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. For this refund we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund.

We may refuse a refund until we have received the goods back or until you have proved that you have returned the goods to us, whichever is the earlier.

You must return the goods to myBioma immediately, at the latest within 14 days of the day on which you have declared the revocation. This period shall be deemed to have been observed if you dispatch the goods before expiry of this period.

You shall bear the direct costs of returning the goods.

For goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, the right of revocation (right of withdrawal) shall not apply if the goods have been unsealed after delivery.

7. Payment / terms of payment / reservation of title

The prices quoted on www.mybioma.com are final prices and include the applicable value added tax as well as any fees (e.g. shipping costs). In individual cases, however, it is possible that special regulations apply to individual fees. If this is the case, you will be informed of this directly within the framework of the product presentation and in the course of the order process.

The gross purchase price of your shopping basket will be displayed before the order process is completed.

myBioma offers various payment options (e.g. credit card, PayPal, etc.). However, this does not imply any obligation to offer a certain payment method in the future. For customers there are no additional costs for the use of these payment methods by myBioma.

Payments must be made in the full amount of the purchase price plus any additional shipping costs. The delivered goods shall remain the property of myBioma irrespective of their delivery until they have been paid for in full.

8. Delivery / shipping / shipping costs

You have the option of entering a delivery address for the myBioma Analysis Test during the ordering process. This may differ from the billing address.

The exact shipping process is defined and organized by Biome Diagnostics.

The ordered goods are usually dispatched within 2-4 working days, but no later than 30 days after receipt of payment.

Biome Diagnostics offers a standard return of the sample via the national postal service. The transport duration can vary from days to weeks depending on the dispatch country. However, the stool tube contains a solution in which the bacteria can survive transport to the laboratory without cooling. No matter if summer or winter – sending the sample by post will not affect the results. The preservation liquid stabilises the sample for several months without cooling.

If the quality and quantity of the stool sample provided by you is not sufficient for the analysis, we are entitled to request a new stool sample from you. We would like to point out that, as a company, we will of course carry out the analysis again free of charge and you will not have to bear any additional costs for this. You will receive all further information by e-mail.

9. Warranty, liability

Biome Diagnostics provides all the specified services and operates the website www.mybioma.com and the associated mobile app (iOS/Android) in accordance with the current state of the art and the organisational framework. Biome Diagnostics reserves the right to change or discontinue the services or the site.

The legal warranty provisions apply. The warranty period for the delivery of movable goods is one year from the date of acceptance of the goods.

Complaints due to legal warranty claims can be asserted under the contact data specified in the imprint.

Biome Diagnostics uses a secure transmission procedure (SSL) for the transmission of customer data to ensure the highest possible security standard.

Biome Diagnostics accepts no responsibility for any interruptions, malfunctions, deletions, transmission errors or memory failures in connection with the use of services or communication with the customer. Likewise, Biome Diagnostics shall not be liable for delay or impossibility of performance as a result of force majeure (e.g. strike, fire, war, theft, etc.) or for reasons beyond the control of Biome Diagnostics (e.g. as a result of official orders or technical changes).

In the case of maintenance work, the service offered may be restricted – the customer is not entitled to any claims whatsoever.

In general, Biome Diagnostics’ liability for financial losses is limited to cases of intent or gross negligence on the part of Biome Diagnostics or its vicarious agents. Liability for slight negligence is excluded. The above limitations of liability do not apply to physical injury and damage to health attributable to Biome Diagnostics. Insofar as Biome Diagnostics’ liability is excluded, this also applies to its vicarious agents.

Biome Diagnostics does not guarantee that information, images or graphics, descriptions or other contents of the site are complete, accurate, reliable, secure, updated or error-free. The customer shall inform Biome Diagnostics as soon as errors, contradictory information or content on the site or the services become apparent to him and agrees to the actions and changes made by Biome Diagnostics.

Unfortunately, Biome Diagnostics cannot guarantee the general usability, accuracy and correctness of data or content on www.mybioma.com. Nor can it be guaranteed thatBiome Diagnostics’ services will always function without interruption, punctually or error-free, or that errors on the site will be corrected immediately.

As a customer, you understand that any materials or documents downloaded or opened through the Site and your user profile on www.mybioma.com and in the mobile app (iOS/Android) are your own responsibility and that Biome Diagnostics is in no way responsible for any damage or loss caused by these actions.

10. Indemnification and reclamation

Customers expressly declare that they will indemnify and hold Biome Diagnostics harmless in the event of claims attributable to their activities (e.g. due to incorrect or otherwise illegal data, illegal use of the site, etc.). This applies in particular to the use of myBiomas, which is made up of
a) Content and information that customers enter, publish or transmit on www.mybioma.com,
b) the use of the website or the services by the customer,
c) the violation of page rules,
d) the violation of the rights of another person or organization by customers; or
e) viruses, Trojans, worms or similar harmful or detrimental programs of customers.

11. Final provisions

Austrian substantive law shall apply to this contractual relationship to the exclusion of the conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction shall be the competent court in Korneuburg.

The contract language is German.

Should individual provisions of these General Terms and Conditions contradict the statutory provisions and be invalid, the remaining provisions shall remain unaffected.

In accordance with EU Regulation No. 524/2013, the EU Commission has a website (OS platform) available which serves to settle out-of-court disputes arising from online legal transactions between consumers and companies from the EU. The OS platform of the EU Commission can be found under this link: http://ec.europa.eu/consumers/odr/ We would like to point out that we are not prepared or obliged to participate in dispute resolution proceedings before a consumer arbitration body.

Customers can also lodge a complaint directly with Biome Diagnostics at the following e-mail address: service@mybioma.com

Links to other sites or information are a free service provided by Biome Diagnostics and are provided for the convenience of customers. We always try to keep the links up to date, but point out that we have no influence on the content and quality of the links.

Logos, graphics, names and other documents and materials shown on www.mybioma.com are the property of Biome Diagnostics GmbH. Customers are not entitled to use these without the prior written consent of Biome Diagnostics GmbH.

Biome Diagnostics is entitled to make changes to these General Terms and Conditions if these are minor, objectively justified and reasonable for consumers. Biome Diagnostics will inform all customers in advance in writing or by e-mail of any such changes or amendments. Every customer has the right to object in writing to the amendment to the GTC within one month of receiving notification of the amendment, otherwise the amended GTC shall be deemed accepted. Biome Diagnostics shall inform the consumer of this right to object separately and before the beginning of the period and of the consequences of failure to object.

Biome Diagnostics shall always use the last address provided by the customer for the transmission of written declarations. Items sent to this address shall be deemed to have been received.

You can view the GTC at any time here: www.mybioma.com/policies/terms-of-service. We recommend that you archive the GTC in their current version.