1. Definitions
- Seller: Gentastic GmbH, St. Jakober Straße 1, 9020 Klagenfurt, Austria.
- Customer: Any natural or legal person who enters into a legal transaction with the Seller.
- Consumer: A consumer within the meaning of the Austrian Consumer Protection Act (KSchG).
- Entrepreneur: An entrepreneur within the meaning of the Austrian Commercial Code (UGB) if the transaction with Gentastic GmbH forms part of the operation of the entrepreneur’s business.
- DNA analysis report: Evaluations relating to genetic genealogy and genetic health prepared on the basis of the sample provided by the Customer.
- Web app: The online application provided by the Seller through which the Customer can retrieve their DNA analysis reports.
2. Scope
These Terms and Conditions (T&C) apply to all contracts, deliveries, and other services concluded via the Seller’s webshop at https://gentastic.io/ and to all services associated therewith.
Deviating or supplementary provisions require the express written consent of the Seller. Conflicting or deviating terms of the Customer are not recognized unless the Seller expressly agrees to their validity in writing.
By placing an order, the Customer declares that they have read and agree to these T&C. Should parts of these T&C be invalid, the validity of the remaining provisions shall remain unaffected.
3. Subject Matter of the Contract
The subject matter of the contract comprises the products and services specified by the Customer in the course of the order at the prices stated in the webshop at the time of ordering. This includes in particular DNA test kits, the analysis of samples and the preparation of DNA analysis reports, personalized nutritional supplements delivered under subscription contracts, as well as the provision of additional genetic reports via a token system.
The nature of the ordered goods results from the respective product descriptions in the webshop. Illustrations are symbolic and may differ.
The webshop is aimed at persons aged 14 and over. By placing an order, the Customer declares that they are at least 14 years old.
A right of withdrawal exists in accordance with section 8 of these T&C.
3.1 Token system and additional reports
The Customer has the option of purchasing additional genetic reports via a token system. Each token entitles the holder to unlock an additional report beyond those included in the basic analysis. Tokens can be purchased for a fee and redeemed in the user account; further information and prices are shown in the webshop.
3.2 Fit For Life analysis
By booking the Fit For Life DNA analysis, the Customer receives an upgrade to all reports in the Seller’s direct‑to‑consumer (DtC) and lifestyle genomic categories. Special categories available at the time of conclusion of the contract or in the future are excluded from this upgrade and can be purchased separately. These special categories are indicated as such in the webshop.
4. Conclusion of the Contract
The products and prices displayed in the webshop do not constitute a legally binding offer but a non‑binding invitation to place an order.
The Customer can place products in the shopping cart without obligation and can correct their entries at any time before submitting the order. By clicking the button “Order with obligation to pay,” the Customer submits a binding offer to conclude a purchase or subscription contract.
The Seller confirms receipt of the order by an automated email (order confirmation). This order confirmation does not constitute acceptance of the offer. The purchase contract is only concluded upon express order confirmation by the Seller, sending of the invoice, or delivery of the goods.
The Seller reserves the right to refuse orders without stating reasons.
5. Prices, Shipping and Payment Terms
All prices are stated in euros and include statutory VAT unless expressly stated otherwise. Shipping costs are shown separately during the ordering process.
The payment methods available to the Customer are those indicated in the webshop. The selected payment method is charged upon completion of the order. For subscription contracts, the charge is made at the agreed delivery or billing date.
If the Customer is in default of payment, the Seller is entitled to charge default interest to the extent permitted by law and to withhold delivery.
6. Delivery and Shipping
Delivery is made to the address specified by the Customer. Delivery times are non‑binding unless otherwise agreed.
If the Seller is unable to deliver without fault because a supplier fails to meet its contractual obligations, the Seller is entitled to withdraw from the contract. In such a case, the Customer will be informed immediately and any payments already made will be refunded.
The risk of accidental loss and accidental deterioration of the goods passes to the Customer or a third party designated by the Customer upon handover.
7. Customer Obligations and Consents
The Customer undertakes to follow all acceptance and usage instructions provided by the Seller. Improper handling of the test kit or supplements may falsify the results and does not give rise to any claims against the Seller.
By ordering and sending the sample material, the Customer expressly declares that they own the sample and are entitled to have it analyzed. The Customer also consents to the processing of their genetic data and lifestyle information for the preparation of the DNA analysis report and personalized nutritional supplements. The consent also includes processing by laboratories commissioned by us. The Customer may revoke this consent at any time with effect for the future; in this case, we can no longer provide the contractual services. Details on data processing are set out in the privacy policy for genetic analysis.
8. Right of Withdrawal and Exclusion of the Right of Withdrawal
Consumers have the right to withdraw from the contract within fourteen days without giving reasons. The withdrawal period begins on the day on which the Customer or a third party named by them takes possession of the goods.
To exercise the right of withdrawal, the Customer must inform the Seller of their decision by means of an unequivocal statement (e.g. by post or email). The Customer may use the enclosed model withdrawal form, but it is not mandatory.
The Customer must return the goods without undue delay and in any event no later than fourteen days from the day on which they informed the Seller of the withdrawal. The Customer bears the direct cost of returning the goods.
The Seller shall reimburse all payments without undue delay and at the latest within fourteen days from the day on which the notification of the withdrawal is received. The Seller may withhold reimbursement until they have received the goods back or the Customer has supplied evidence of having sent back the goods.
8.5 Exclusion of the Right of Withdrawal
The right of withdrawal does not exist or lapses early in the case of the following contracts:
- contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery (e.g., opened sample collection kits);
- contracts for the provision of services, if the Seller has begun to perform the service before the end of the withdrawal period on the basis of an express request by the Customer and a confirmation by the Customer of being aware that the right of withdrawal is lost upon complete performance of the contract, and if the service has been fully performed. This applies in particular to the analysis of the DNA sample sent by the Customer. By starting the analysis of the DNA sample, the Customer agrees that the right of withdrawal lapses;
- contracts for the supply of goods which are not prefabricated and whose production is based on an individual choice or decision by the Customer or which are clearly tailored to the Customer’s personal needs. This includes personalized nutritional supplements. Once production of the individual nutrient mixture has begun, there is no right of withdrawal;
- subscription contracts for personalized nutritional supplements with a minimum term of six or twelve months. By ordering such a subscription, the Customer acknowledges that delivery takes place monthly and that there is a minimum contract period. Early termination of the subscription is excluded, subject to mandatory statutory rights or important reasons.
9. Subscriptions and Contract Term
For the personalized nutritional supplements offered in the webshop, the Customer can choose subscription terms of 6 or 12 months. The price is understood as the total price for the term, payable in the intervals specified during the ordering process.
The minimum term begins with the first delivery of the personalized nutritional supplement. There is no right to terminate the contract prematurely. The contract may be terminated by either party with two weeks’ notice to the end of the minimum term. If termination is not made in due time, the subscription is extended for an indefinite period and may be terminated at any time with two weeks’ notice.
The Seller reserves the right to offer early termination in special cases against payment of a reasonable fee. This is a goodwill arrangement to which there is no legal entitlement.
10. Preparation of the DNA Analysis
After ordering the DNA test kit and registering in the web app, the Customer sends the sample material to the commissioned laboratory. Once the laboratory has analyzed the sample, a DNA analysis report is prepared and made available to the Customer via the web app.
If the sample material provided is insufficient or does not meet the required quality, the Seller will provide the Customer with a replacement kit free of charge once.
The analysis reports are for informational purposes only. They do not constitute medical diagnosis or treatment recommendations. The Customer should not consider the results as a substitute for professional medical advice and should consult a doctor for health questions.
11. Retention of Title
The delivered goods remain the property of the Seller until full payment has been made. For entrepreneurs, the retention of title applies until full settlement of all claims arising from the business relationship.
12. Liability
The Seller is liable without limitation for damages caused by intentional or grossly negligent conduct, as well as for damages resulting from injury to life, body, or health.
For other damages, the Seller is liable only if an essential contractual obligation has been violated and the damage is typically associated with the contract and foreseeable. Any further liability is excluded.
The analysis reports and personalized nutritional supplements serve general health promotion and do not replace medical advice. The Seller assumes no liability for consequences arising from use deviating from product instructions.
Where the Seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.
13. Warranty
The statutory warranty provisions apply. The Customer must report defects without delay. Obvious defects must be notified in writing within two weeks of receipt of the goods.
The Seller is entitled to choose between repair and replacement. If subsequent performance fails, the Customer may demand a price reduction or rescission.
For entrepreneurs, the warranty period is 12 months from delivery.
14. Product Liability
Claims under the Product Liability Act remain unaffected.
The Customer undertakes to read and follow all product and safety information carefully. The Seller assumes no liability for damages resulting from improper use or storage.
15. Data Processing and Commissioned Processing
The Seller collects and processes the Customer's personal data for the purpose of processing the contract and providing the agreed services. Data processing is carried out in accordance with the General Data Protection Regulation (GDPR) and Austrian data protection law.
For the performance of the DNA analysis and the production of personalized nutritional supplements, services from specialized laboratories and production partners are used. These act as processors within the meaning of Art. 28 GDPR and are contractually obliged to process personal data only in accordance with the Seller's instructions, to take appropriate technical and organizational measures to protect the data, and not to disclose it to third parties.
Further details on data processing, in particular on the Customer’s rights (information, rectification, deletion, restriction, data portability, objection), are set out in the privacy policy for genetic analysis, which forms part of this contract and can be viewed at any time in the webshop.
16. Final Provisions
Austrian law applies with the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the consumer has their habitual residence remain unaffected.
The place of jurisdiction for entrepreneurs is Klagenfurt am Wörthersee. For consumers, the statutory places of jurisdiction apply.
Should individual provisions of these T&C be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the statutory regulation.
Changes or additions to these T&C require written form. This also applies to any waiver of this written form requirement.