Terms and Conditions for the provision of Services offered by the SalusNet Platform
Definition of terms used in these conditions
In the following text the following terms will be used for brevity in place of the relevant full wordings:
BMR: identifies BMR Genomics s.r.l. - registered office in Padua, Via Redipuglia 21/A, C.F. and Business Reg. 03888370289; Share Capital 110,000 fully paid; REA 345372.
User: the person who visits the Site to use the Services.
SalusNet: identifies the website owned by BMR and registered with the domain salusnet.eu.
Services: identifies the set of services provided by BMR via the salusnet.eu website.
Samples: biological materials such as feces, urine, blood, tissues, cells, DNA, RNA and proteins, contained and stored in special containers/tubes used for biological and laboratory investigations.
Kit: assemblies of devices necessary for sample collection.
Main features of the service
BMR provides biological analyzes to Patients, Professionals, Medical Centers and Pharmacies via the Site salusnet.eu, a proprietary e-commerce web platform that facilitates the connection between health professionals and patients. SalusNet allows professionals and patients to easily place orders and manage and/or view test results.
Accessibility to the Services and Obligations of the Parties
The possibility of using the Services is subject to the User's registration through the specific page available on SalusNet. The registered User can access the service and place the order. If the Order requires the sending of a kit or other material, the user is responsible for entering it and providing the correct shipping address. The User is nevertheless responsible for carrying out any sampling and sending the samples according to the instructions reported on SalusNet and in the sampling kit; in the case of samples judged not to comply with the requirements during acceptance in the laboratory, BMR reserves the right not to accept them and not to carry out the relevant analyses, whatever the possible cause. BMR undertakes to repeat the analyzes free of charge only in the event that there are problems attributable to the service. To ascertain the quality of the process, analyzes are always carried out with control samples. Upon completion of the analysis process, the report is uploaded to the User's account. The contents of the report cannot be reproduced, even partially, without the written authorization of BMR.
Prices and Deliveries
Prices and supply terms are available on the SalusNet website. Prices are VAT exempt Art. 10 n.18 DPR 633/72 for biological analyses. Round-trip shipping is included in the provision of the service and is managed via express courier or postal services. Shipping is usually done in 3-4 working days. Generally BMR indicates the expected date of delivery of the results, which must not be considered as a peremptory deadline to be observed, but only as an indicative date; therefore BMR is not subject to penalties of any kind in the event of any delivery delays. Likewise, BMR is not responsible for any delays or delivery problems if the shipping address entered in the Order is incorrect.
Terms of payment
Payment for services can be made by the User via credit card. The procedure for sending the kit will begin once the crediting of the pre-established amount has been verified in the Company's reference accounts. The website salusnet.eu does not store credit card data as the transaction takes place via the www.nexi.it portal which manages digital payment. The system does not charge the User any costs for using the credit card on the portal.
Inability to complete the analysis
In the case of samples which, during the laboratory acceptance phase, are judged not to comply with the requirements or if technical problems occur which prevent the completion of the analysis, BMR temporarily suspends the process, reporting the reasons in the User's account who is informed by BMR even by email. In these cases the User has the possibility of requesting a 'kit only', so that only the kit is sent to him, rather than activating a new analysis. In the event that the causes are attributable to the User, the 'kit only' option has a much lower cost than the entire analysis, but if the problems are attributable to BMR the new kit will be provided free of charge. In any case, to continue with the analysis, the User must request the new kit. Alternatively, the User may communicate his intention to withdraw and BMR will proceed with the reimbursement of the amount due according to the times and methods set out in the 'Withdrawal Method' paragraph.
Withdrawal Method
The User can request a refund without having to provide any reason and without having to bear any cost, other than the direct cost of returning the goods, within 14 days of receiving the kit, by sending an email to info@salusnet. eu. In this case, within 14 days of the request, the User must return the kit. BMR reserves the right to check the integrity of the same to proceed with the refund, which will be carried out within 14 days of the aforementioned check. If the kit is damaged or not sent, the returned amount will be deducted from the cost of the kit (defined on the site salusnet.eu). If the refund request is sent after the limit of 14 days from receipt of the kit, the User will not be refunded.
Disclaimer of Warranty and Liability
BMR cannot be held in default of its obligations nor liable for damages resulting from the failure to provide the Service due to causes beyond the sphere of its foreseeable control, including but not limited to, fires, natural disasters, lack of energy, unavailability of telephone, telematic or other network service provider connection lines, malfunctioning of computers and other electronic devices even if they are not an integral part of the Internet network, failure and/or defective functioning of the electronic equipment of the User himself or of third parties, failures of Internet Service Provider, malfunction of the software installed by the User as well as actions of other Users or other people having access to the network.
Legal guarantee of conformity
If the User receives a defective or incomplete kit (e.g. broken collection device or missing identification, etc.), the User can request a replacement kit or missing component free of charge at info@salusnet.eu within 6 months of receiving the Order. Starting from the seventh month following delivery of the product, it will be the User's responsibility to prove that the lack of conformity already existed at the time of delivery, therefore the free replacement will not be carried out and to proceed with the analysis the User will have to order a “Kit only”. Likewise, a kit allowed to expire by the User will not be replaced free of charge but will have to be purchased again as "Kit Only".
Manufacturer's warranty
The procedural kits used for the provision of the Services are assembled and declared compliant with the art. 22 of Regulation (EU) 2017/745. They are registered as IDVs in the Italian national medical device database and the technical file for each of them is kept at BMR. The assembly procedure is ISO 9001 regulated. This procedure prohibits the marketing of kits with an expiry date of less than 2 months from the date of shipment and provides for rigorous assembly control to avoid the shipment of faulty kits. If non-compliant kits are still sent, proceed as indicated in the 'Legal guarantee of conformity' paragraph.
The BMR laboratory where the samples are analyzed is ISO9001 certified and is highly automated, guaranteeing the traceability of the samples and the robustness of the analyses carried out. Since the analyzes provided by the laboratory are new generation and subject to periodic improvements, the analysis procedures are periodically updated. Therefore, BMR has the right to update and modify the analysis and report without invalidating previous versions. For this reason it is not possible to request a free remake of the analyzes delivered prior to the versioning of the analyses.
Customer support and complaints
The Site salusnet.eu presents instructions for use to access the Services. If necessary, the User can contact support by telephone or via email, via the contacts listed on the Site itself. Any complaint can be sent to the email indicated on the Site and will be handled within 2 days of receiving the email.
Confidentiality and protection of personal data
The User agrees to i) keep the information acquired through Site salusnet.eu confidential, even after the termination of the relationship, unless otherwise agreed between the parties involved; ii) comply with the legislation on the protection of personal data; iii) regulate under its sole responsibility the relationships with other Users with whom it should interact through the features of the Site salusnet.eu; iv) report to BMR any security incidents and/or relief useful for the protection of confidentiality and personal data.
Legislative references and competent court
Anything not expressly indicated in these conditions is governed by Italian law. The Court of Padua is competent for any dispute.
ODR applicable to the general conditions of sale
If the User has submitted a complaint following which it has not been possible to resolve the dispute, it is possible to contact the Alternative Dispute Resolution (ADR) bodies for extrajudicial resolution. A European platform for online consumer dispute resolution (ODR) can be found at the following address https://ec.europa.eu/consumers/odr. Through the ODR platform the user will be able to consult the list of ADR bodies and start an online dispute resolution procedure.