General Terms and Conditions

1. Introductory Provisions

These GTC are business terms and conditions within the meaning of § 1751 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code" ), and they apply to all relations between Macromo s.r.o., as the provider, and the Customer. If you visit the Macromo Website and/or order Macromo Goods and/or Services, you agree to be bound by these TOS.
By ordering Goods/Services from our Website, you confirm that you have read, understood and agree to be bound by these GTC.
The GTC will take precedence over any conflicting or incompatible information contained in other materials (eg promotional materials, emails, on the website).

2. Definition

Headings. Headings used in these TOS are for reference purposes only and in no way define, limit, construe or describe the scope or scope of such section or affect these TOS in any way.
Unless the context otherwise requires, the words and expressions set out in this clause 2.2 in these GTC shall have the meanings ascribed to them here:

"Application"

represents the application through which Macromo offers and makes available its services, or any application to which these TOS are attached and/or which stipulates that they are governed by these TOS;

"Macro"

represents the company Macromo s.r.o., Jeseniova 2760/56f, Žižkov, 130 00 Prague 3, ID: 14031493, registered in the commercial register of the Municipal Court in Prague, under no. stamp C 359192;

"Personal data"

is all information about an identified or identifiable natural person (hereinafter referred to as "data subject" ); an identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example a name, identification number, location data, network identifier or to one or more special elements of physical, physiological, genetic, psychological, economic, cultural or the social identity of this natural person;

"Partner"

means a contract laboratory that performs DNA analysis;

"Services"

means all services related to the sale, delivery of Goods, delivery of genetic testing and genome analysis results, and also services related to the display of results in the Application;

"Contracting Parties"

are Macromo and the Customer;

"Contract"

means the contract between Macromo and the Customer;

"Consumer"

a natural person acting for purposes wholly or mainly outside his trade, business, craft or profession;

"Unique identifier of subscription set"

means a unique string of numbers and letters found on a subscription set that uniquely identifies the subscription set;

"User account"

the Customer's account in the Application;

"T&C"

means these general terms and conditions;

"Customer"

means a user of the Website/Application and/or a person who orders and/or uses Macromo Goods/Services;

"Goods"

means goods available for purchase on the Website and/or the Application;

"Manufacturer"

means a Macromo subcontractor for the subscription set;

"Website"

means the Macromo website available at the following address: www.macromo.org or any other website linking to these GTC.

3. Website Terms of Use

Access . Access to the Macromo Website is provided to the Customer in accordance with these GTC.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations and these TOS regarding the Website and any transactions conducted on or through the Website.
Registration, provision of personal data . Registration on the Website is not mandatory; however, if you register, you can track the status of your order and you will not be prompted to fill in your Personal Data again when ordering Goods/Services. By registering/providing your Personal Data as a Customer, you declare that:

the personal information you provide when registering as a Customer is true, accurate, current and complete in all respects;
you will promptly inform Macromo of any changes to the Personal Data by changing the Personal Data by logging into your user account and/or sending an email to info@macromo.org;
you will not impersonate another person or entity or use a false name or a name that you are not authorized to use;

Usernames and passwords . Customer is solely responsible for maintaining the confidentiality of all usernames and passwords. The customer undertakes:

not allow a third party to use its account, usernames or passwords, except as expressly permitted by these TOS;
promptly notify Macromo of any actual or reasonably suspected unauthorized use of its account, usernames or passwords, or any other violation or suspected violation of these TOS that it becomes aware of, via email to info@macromo.org.

4. Price

Payment . You are obliged to pay the price for the Goods/Service without delay, Macromo is not obliged to send you the Goods and provide the Service if your order is not paid for. You can pay for Goods/Services in the following ways:

By bank transfer: The customer will receive bank transfer details to his email address;
Online payment card. Macromo uses the services of ComGate Payments, as, Gočárova třída 1754 / 48b, 500 02 Hradec Králov, IČ: 27924505, DIČ: CZ27924505 ("Comgate"), an operator of payment services (e.g. accepting cards, settlement of merchants and related services). When Customer uses Macromo Services, Customer agrees to the following: (i) Customer agrees to be bound by Comgate's terms and conditions (available here: https://www.comgate.sk/obchodne-podmienky) (ii) Customer authorizes Macromo and Comgate to share with each other any payment instructions provided by the Customer as additional payment-related information necessary to complete the payment transaction, including personal information, and transaction information;
In another way that Macromo will allow;

In the event that Macromo does not receive the money within 5 working days from the date of confirmation of the order by Macromo, Macromo's obligation to provide the Customer with Services in accordance with these GTC shall cease.
Price . Prices for Goods/Services are listed including VAT and all applicable statutory fees.
Prices and offers may vary and may be available for a limited time only. All prices and offers are subject to availability and may be canceled or changed at Macromo's discretion.

5. Terms of provision of Macromo goods and services

Description of Services . Macromo services include:

sale and delivery of Goods for the purpose of using the Goods by the Customer according to the enclosed instructions;
securing the importation of the Goods to the Customer and the removal of the Goods to the Partner;
securing the performance of DNA analysis by the Partner;
making the result of the DNA analysis available to the Customer in the Application after pairing the subscription set with the Customer's User Account through the Unique identifier of the subscription set.

By purchasing Macromo Services, the Customer agrees to provide his biological sample to the Partner for the purpose of DNA extraction and analysis. Macromo never processes the Customer's DNA sample without the Customer's express consent. The partner destroys the Customer's sample irretrievably after DNA extraction and analysis. The Customer acknowledges that the provision of a biological sample to the Partner for the purpose of DNA extraction and analysis is necessary and conditions the provision of the Macromo Services with regard to the essence of the Services.
The customer acknowledges that the provision of consent to the processing of health information, genetic data and data indicating racial or ethnic origin in the sense of Article 9 (2) a) GDPR is necessary and conditions the provision of the Macromo Services with regard to the essence of the Services. If the Customer does not grant this consent or withdraws it, Macromo is unable to provide these Services.
The Customer declares that he understands that after receiving the Goods it is necessary for the Customer to properly read and follow the instructions provided. With regard to Article 4.7. below, Macromo is not obligated to provide the Service in the event that Customer has not followed the instructions provided by Macromo. Macromo is not responsible for defects caused by incorrect interpretation of these instructions by the Customer.
The Customer acknowledges that the Partner may not be able to process the sample due to the fact that the biological sample was not handed over by the Customer for transportation to the Partner within the appropriate period. The Customer therefore acknowledges that after receiving the Goods, he is obliged to send the Goods to the Partner as quickly as possible, but no later than within 2 (two) months. In the event that the Customer does not send the Goods back to the Partner within the specified period of 2 (two) months from the receipt of the Goods, the Customer is not entitled to a refund and at the same time Macromo's obligation to provide the Customer with Services in accordance with these GTC shall cease.
The Customer acknowledges that in the event that the Goods were properly delivered to him, but subsequently the Customer loses or destroys the Goods, Macromo will send new Goods to the Customer free of charge, but only once. In the event that the Goods are defective, the Customer can proceed in accordance with Article 8 of these GTC - Liability for Defects, Damaged Goods and Complaints and complain about the Goods. The Customer acknowledges that if Macromo has already sent new replacement Goods free of charge in accordance with Article 4.7, the Customer is not entitled to send replacement Goods in accordance with this Article 4.6. The Customer acknowledges that in the event that the Goods are lost or destroyed again, the Customer is not entitled to a refund and Macromo's obligation to provide Services to the Customer in accordance with these GTC ceases. If the Customer is still interested in the Macromo Services, the Customer can purchase the Goods again at the price stated in the current Macromo price list.
The Customer acknowledges that the Partner may not be able to process the sample and the laboratory process may lead to errors. The Partner may not be able to process the sample because the biological sample does not contain a sufficient amount of DNA, the Customer does not provide a sufficient amount of the biological sample or does not follow the instructions for using the Goods. If the initial processing fails for any of these reasons, the Customer acknowledges that it is not entitled to the sending of replacement Goods according to this Article 4.7, nor to a refund, and at the same time Macromo's obligation to provide the Customer with Services in accordance with these GTC ceases. If the Customer is still interested in the Macromo Services, the Customer can purchase the Goods again at the price stated in the current Macromo price list. Macromo will send new replacement Goods to the Customer free of charge only if the Partner was unable to process the sample for reasons on the Partner's side. In the event that the Goods are defective, the Customer may proceed in accordance with Article 8 of these GTC - Liability for Defects, Damaged Goods and Claims, and claim the Goods.
By using the Services, the Customer agrees not to use any information provided by the Macromo Service for diagnostic, preventive, therapeutic or rehabilitative, nursing, or health decisions and procedures before seeking professional advice from a physician or other qualified healthcare professional. Macromo services are not intended for health diagnosis, care and as a basis for decisions regarding health status. The Macromo Services are for research and educational purposes only and in no way constitute the provision of health services or medical advice. Do not change your habits or take action based solely on the Services provided by Macromo, always consult your doctor or other qualified healthcare professional. For the avoidance of doubt, Macromo states that the Macromo Services are not intended to determine parentage.
The Customer acknowledges that in order to provide the Service, the Customer is required to download the Application and create a User Account in the Application.
The Customer is obliged to pair the subscription set with the Customer's User Account in the Application, even before sending the subscription set to the Partner, by means of the Unique identifier of the subscription set, since the subscription set is activated by pairing. Without pairing the Unique Identifier of the subscription set with the User Account, Macromo is unable to provide the Customer with Services. The Customer acknowledges that if the Subscription Kit is not paired, the Customer is not entitled to a refund and Macromo's obligation to provide Services to the Customer in accordance with these GTC ceases.
The sale of Macromo Goods and Services is intended exclusively for persons of legal age, that is, persons over eighteen (18) years of age.
Item description. A description of the main properties of the Goods can be found on the Website and/or in the Application. Every effort has been made to ensure that the description and specification of the Goods are correct. However, although the photographic reproduction is a faithful representation, slight deviations may occur compared to the actual Goods. An inseparable part of the Goods are the Services connected with it, the delivery of which is ordered by the Customer at the same time as the Goods listed and depicted on the Website and/or in the Application.
Packaging . The goods are packed to ensure their protection and preservation. Macromo does not violate the original packaging of the Goods supplied by the Manufacturer and it is not Macromo's intention to present these Goods as its own product, which Macromo would market under its own name.
Inspection of Goods. The Customer is obliged to check the Goods, their properties and quantity as soon as possible after receiving the Goods. In the event that the Goods are delivered to the Customer damaged, the Customer is entitled to claim the damaged Goods in accordance with Article 8 - Liability for defects, damaged Goods and complaints of these GTC.
Display the result . Macromo displays the DNA analysis result only through the User Account. The Customer acknowledges that in order to display the result of the DNA analysis in the Application, it is necessary to follow the instructions provided to the Customer by Macromo, e.g. with the sampling kit. Above all, in order to display the result of the DNA analysis, it is inevitable to match the Unique identifier of the subscription set in the Application with the Customer's User account in the Application.

6. Purchase of goods / services - order form

Order . The execution of the order takes place as follows:

The Customer is obliged to fill out the order form that Macromo sends to the Customer. The order form must contain: Customer's personal data, invoicing and delivery address for Goods, email and phone number and possibly other data required by Macromo.
Before signing the order form, review the filled-in information and make sure that the amount of Goods/Services and all your information is correct and meets your requirements.
By signing the order form, you warrant that you are legally capable of entering into binding contracts and that you are at least eighteen (18) years of age.
An already confirmed order cannot be changed, however, you can cancel it, but only if the Goods have not yet been packed and shipped by the time we record your email and within the legal period of 14 days at the latest.

Order processing . All orders are subject to acceptance by Macromo, who will confirm this acceptance to the Customer by closing the order form. The contract comes into being only when the Customer and Macromo sign the order form. The Agreement applies only to the Goods and Services listed in the Order Form. Macromo is not obliged to supply any other goods and/or services that were not specified in the Order Form.
Order archive . Contracts concluded between Macromo and its Customers are stored in an electronic archive. The contract is archived for a period of five (5) years from the date of its conclusion in accordance with the relevant legal regulations.
Macromo supplies Goods and provides Services only to Customers in the Czech Republic.

7. Purchase of goods / services - through the application

Language. The contract between the Customer and Macromo is concluded in the Czech language.
Order. The execution of the order takes place as follows:

Select the desired Goods/Services on the Website and click the "Buy" button
You must enter: (i) your Personal Information, delivery address, billing address (which must match your payment card address), email and phone number and any other necessary information.
After filling in all Personal Data, invoicing, delivery address, email address and phone number, select the payment method.
Before confirming the order, review the order summary and make sure that the quantity of Goods/Services and all your information is correct and meets your requirements. You confirm the order with the appropriate button. If you have chosen to pay online by credit card or a similar payment method, you will be redirected to a secure payment page.
By placing an order through the e-shop, you guarantee that you are legally capable of entering into binding contracts and that you are at least eighteen (18) years old.
An already confirmed order cannot be changed, but you can cancel it, but only if the Goods have not yet been packed and shipped by the time we record your email, within the legal period of 14 days at the latest.

Order Processing. All orders are subject to acceptance by Macromo, who will confirm this acceptance to the Customer by sending the Customer an order confirmation email ("Order Acceptance") or by closing the order form. The contract will only come into existence at the moment when the Order Acceptance is sent to the Customer. The contract applies only to the Goods and Services listed in the Order Acceptance. Macromo is not obliged to supply any other goods and/or services that may have been part of the Customer's order until the Customer has been sent an Order Acceptance for those goods/services. The Customer will also be informed of non-acceptance of the order. The Customer's non-acceptance of the order may be the result of one of the following reasons:

The goods ordered by the Customer are not available in stock.
The Service ordered by the Customer is currently not available due to reasons on the part of the Partner who is a subcontractor of Macromo and/or the goods that are indispensable for the provision of the Service are not available.
The ordered Goods were not delivered by the Macromo subcontractor or the delivered Goods were damaged.
Macromo has not received payment for the Goods/Services from the Customer.
Detection of an error in the price or description of the Goods/Services.

Order archive. Contracts concluded between Macromo and its Customers are stored in an electronic archive. The contract is archived for a period of five (5) years from the date of its conclusion in accordance with the relevant legal regulations.
Macromo supplies Goods and provides Services only to Customers in the Czech Republic.

8. Withdrawal from the contract

As a Consumer, the Customer has the right to withdraw from the Contract for the purchase of Goods/provision of Services within a period of fourteen (14) days from the day following the day of receipt of the Goods (the expiration of the period generally applies to withdrawal from the Contract for the purchase of Goods and Services, since in the event that the Service is also delivered, this Service is delivered exclusively together with the purchase of Goods and these are inseparable services).
Due to the fact that the Goods sold by Macromo are delivered in closed packaging for health and hygiene reasons, it is not possible to withdraw from the Contract in accordance with point 8.1. of these GTC if the Customer has removed the Goods from the packaging and/or tampered with the packaging in another way.
If the order consists of several items or parts that are delivered on different days, then the withdrawal period from the Contract (in relation to the order as a whole) ends fourteen (14) days after the day on which the last of the items or parts is delivered.
The Customer can withdraw from the Contract by sending a withdrawal from the contract to the email address info@macromo.org . A sample withdrawal form is available on the Macromo website https://macromo.org/formular-odstoupeni-od-smlouvy.
Withdrawal from the Contract must include a clear statement that the Customer wishes to withdraw from the Contract, which will include the Customer's name, address, order details and contact details such as a telephone number or email address.
The returned Goods must be undamaged, clean, in the original packaging, with the original labels and in the condition and value in which the Customer received the Goods. The goods must be returned complete, i.e. together with the supplied accessories, complete documentation and any gifts.
The customer is obliged to return the goods to Macromo no later than thirty (30) days from the day on which Macromo was informed of the withdrawal from the Agreement, to the following return address: Macromo s.r.o., Jeseniova 2760/56f, Žižkov, 130 00 Prague 3.
Any return of Goods is at the Customer's own risk. For this reason, we recommend sending the Goods by registered mail. All return delivery costs shall be borne by the Customer, except where Macromo has sent the goods to you in error.
Macromo will refund the Customer in full for Goods returned by the Customer under this clause 8. Macromo may deduct from the refund an amount equal to the reduction in the value of the Goods as a result of the Customer having handled them beyond what is necessary to determine the nature, characteristics and functionality of the Goods. If the Customer returns the Goods in damaged packaging, it is not possible to exercise the right to withdraw from the Contract in accordance with point 8.2. and therefore the price of the Goods/Services will not be refunded to the Customer, not even partially.
If the Customer withdraws from the Agreement, the price for the Goods/Service and the cost of delivery of the Goods will be refunded to the Customer in the amount corresponding to the cheapest method of delivery of the Goods offered by Macromo.
After returning the Goods, the Customer will receive a confirmation email with detailed information about the amount that was returned and the Goods that Macromo received back. Macromo will refund the money using the same payment method that the Customer originally used to make the payment. Macromo will refund the money within thirty (30) days from the date of receipt of the notice of withdrawal from the Contract, but no sooner than Macromo receives the returned Goods.

9. Liability for defects, damaged goods and complaints

In the unlikely event that the Customer receives defective Goods, the Customer is entitled to one of the remedies described in this section. However, the right arising from defective Goods does not arise if the Customer knew before receiving the Goods that the Goods were defective or if the defect was caused by the Customer himself.
The rights and obligations of the Contracting Parties regarding rights from defective performance are governed by the relevant generally binding regulations, in particular the provisions of Act No. 89/2012 Coll., Civil Code, as amended, and the provisions of Act No. 634/1992 Coll., Protection Act consumers, as amended.
The Customer can exercise rights from defective performance with Macromo by sending an e-mail to the address info@macromo.org. The customer is obliged to state in his notification:

a detailed description of the claimed defect;
order number (or other order identification);
your contact details;
attach evidence proving damage to the Goods (e.g. photographs).

Macromo will review the returned Goods and, within thirty (30) days from the date of receipt of the Customer's complaint, notify the Customer by e-mail of the result, possibly of a refund or exchange.
Macromo will process the refund due to the Customer as soon as possible and in any event within thirty (30) days of the date on which the Customer was sent an email informing them that they are entitled to a refund for the defective Goods. The refund will be made to the same payment method that the Customer originally used to make the payment (unless the Contracting Parties have expressly agreed otherwise).
Macromo will pay the reasonable postage associated with the return of the Goods up to the amount of standard postage and will not refund any premium delivery component.
The provisions of this Article 9 shall also reasonably apply to the Services.

10. Security and terms of personal data protection

The protection and processing of the Macromo Customer's personal data is governed by this privacy policy, which is available on the Macromo website.

11. Warranty

Warranty . Macromo is responsible to the Customer that the Goods/Services:

have the characteristics agreed upon by the Contracting Parties or (if no agreement has been reached) the characteristics described by Macromo on the Website and/or in the Application or by the Manufacturer of the Goods,
may be used for the purposes specified by Macromo,
meets the requirements specified by law,
The goods are delivered in the agreed quantity and quality,
The service is provided in the agreed quality and in the agreed manner.

Guarantees of the Contracting Parties. Each party represents and warrants to the other party that it has the necessary legal personality and authority to conclude, deliver and fulfill its obligations under the GTC.
Customer guarantee. Customer represents and warrants to Macromo that the DNA in relation to which it orders the Service is: (i) its own sample; or (ii) a sample of a person who is the Customer's legal representative/guardian; or (iii) by the sample of a person who is the Customer in a similar position that authorizes him to act to the extent, in the name and on behalf of this person, the Customer also declares that he does not in any way interfere with the rights and does not violate the rights of third parties.

12. Macromo's Liability for Damage

Macromo does not respond:

for the Customer's non-compliance with the instructions attached to the Goods;
for any damage or any other consequences incurred by the Customer based on or in connection with the actions of individual Customers, the manner in which they use Macromo Goods/Services, or other circumstances arising on the Customer's side,
for errors arising as a result of interventions by third parties in Macromo Goods/Services or as a result of their use contrary to their purpose;
for services provided by entities other than Macromo, in particular payment service operators and Macromo Partners, nor for any consequences of their actions, or rights and obligations associated with these services.

13. Consumer Protection

In accordance with Article 14 of EU Regulation No. 524/2013 on online consumer dispute resolution, which amends EC Regulation No. 2006/2004 and Directive 2009/22/EC, the Customer has the right to exercise his rights and claims arising from the Agreement with Macromo via Online Alternative Dispute Resolution ("ODR"). ODR is provided through a platform operated by the European Commission. A Customer who is a Consumer is entitled to use the ODR platform for dispute resolution in the language of his choice. The ODR platform is accessible online at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLangu
The customer can resolve their disputes in accordance with EU Directive 2013/11/EU on alternative resolution of consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC ("ADR"). You can find your country's dispute resolution authority here: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2&lng=EN
The customer has the right to contact Macromo for redress if he is not satisfied with the way Macromo has handled his complaint or if he believes that Macromo has violated his rights by sending an email to info@macromo.org.
The customer also has the right to file a complaint with the Czech Trade Inspection.

14. Intellectual Property Rights

Unless otherwise stated, the Website and its individual parts, user interface, appearance of icons, graphics, photos, videos, texts are in accordance with Act No. 121/2000 Coll. Copyright law by copyrighted works. Property rights to the Website and all its content under the Copyright Act belong to and are exercised by Macromo.
The customer is not entitled to reproduce, modify, decompile, translate, process, combine with another work, include in a database, publicly distribute, display in public or in any other way deal with the intellectual property according to the previous point 13.1.
Macromo does not grant consent to use based on these TOS

trade names and other names of legal entities;
trademarks or;
other designations used by Macromo
with the exception of if this is required by their reasonable and customary use in marking the originator of the Goods/Services.

Macromo does not monitor what information other Customers and our Partners upload to the Website. In the event that the Customer believes that any content found on the Website infringes its intellectual property rights, it shall notify Macromo at the e-mail address info@macromo.org together with information substantiating its claim, namely:

identification and contact details of the Customer;
a description of the work, the intellectual property rights that the Customer claims to have infringed;
a description of where the infringing content is located on the Website, and;
identification of the person who violates intellectual property rights (to the extent known to the Customer).

In the event that Macromo discovers that intellectual property rights are being infringed, Macromo will remove the infringing content from the Website or, at its discretion, prevent access to it.

15. Final Provisions

Governing law . This Agreement and all disputes or claims arising from it or in connection with it or its subject matter or arising (including non-contractual disputes or claims) are governed by the law of the Czech Republic.
All disputes arising from or in connection with the Agreement, including disputes about the existence, validity or termination of the Agreement or the consequences of its invalidity, will be decided exclusively by the competent courts in the Czech Republic.
The provisions of this Agreement are severable, and if any part thereof is found to be invalid, illegal or unenforceable, the validity or enforceability of the remaining parts shall not be affected.
Higher power . Neither Party shall be in breach of the Agreement or be liable for damages if the failure to fulfill the obligation is caused by an event or circumstances (or a combination of events or circumstances) that the Party could not have reasonably foreseen and which are beyond its reasonable control, including but not limited to power failure, Internet failure . beyond that party's reasonable control ("force majeure event"); The following events shall always be considered force majeure events in relation to Macromo: (i) power outage; (ii) a natural disaster; (iii) failure or delay of telecommunications networks, Internet, hosting, hardware, software; (iv) damage to Macromo's system and infrastructure, including viruses, cyber attacks.
Change of GTC . Macromo has the right to revise and change these TOS from time to time. The current version is always available on the Macromo website. The Customer will follow the GTC in effect at the time he orders the Goods/Services from Macromo, unless a change to these GTC is required by law or a government authority (in which case it will apply to the Customer's previous orders) or if the Customer notifies of a change in these policies or conditions Macromo informs the Customer before sending confirmation of acceptance of the order (in this case, Macromo has the right to assume that the Customer has accepted the change in terms, unless the Customer notifies Macromo otherwise within seven working days of receiving the Goods). If the Customer does not agree with such a change to the GTC, he must stop using the Website and withdraw from using the Services. If the Customer continues to use the Website and Services, the Customer will be deemed to have accepted the amended GTC.
Contact information. If you have any questions, you can contact Macromo at the e-mail address info@macromo.org or at the address of its headquarters at Jeseniova 2760/56f, Žižkov, 130 00 Prague 3.