Terms of service
General Terms and Conditions iGene Pharmaco
iGene Pharmaco B.V.
These general terms and conditions apply to all services and products of iGene Pharmaco B.V. The terms are divided into three parts:
Part I – General provisions: applicable to all customers.
Part II – Additional provisions for consumers: applicable exclusively to consumers.
Part III – Additional provisions for business customers and healthcare customers: applicable exclusively to business customers and healthcare customers.
PART I – GENERAL PROVISIONS
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
1. General terms and conditions: these general terms and conditions.
2. iGene Pharmaco: iGene Pharmaco B.V., registered with the Chamber of Commerce under number 96176776, branch number 000061520187, established at Oude Haven 102, 6511 XH Nijmegen, provider of a pharmacogenomic service.
3. Customer: the counterparty of iGene Pharmaco that enters into an agreement. The customer may be: (a) a consumer: a natural person not acting in the exercise of a profession or business; (b) a business customer: a legal entity or natural person acting in the exercise of a profession or business; (c) a healthcare customer: a healthcare institution, pharmacist, physician or other healthcare professional that purchases the services of iGene Pharmaco for the benefit of patients or clients. Referred to in these terms as "he", but applicable to all genders. The customer is a legal entity or a person aged eighteen (18) years or older.
4. User: any person making use of the services, regardless of whether that person purchased the Test themselves.
5. Services/service provision: all services, products, web and/or mobile applications or software to be provided or made available to the customer by iGene Pharmaco in connection with the Tests and related services.
6. Test: the pharmacogenomic test associated with the services of iGene Pharmaco.
7. Kit: the package that can be ordered by which the customer or user can collect DNA via saliva or buccal swab.
8. Application: the program that can be used on a mobile phone, tablet or PC to consult the results and Report of the Test.
9. Report: all information, insights and/or recommendations made available in the Application or otherwise as a result of the Test, including information on susceptibility to and effectiveness of medications.
10. Genetic data: the profile of the customer or user derived from DNA material, including SNPs (single-nucleotide polymorphisms) and analyses derived therefrom.
11. Software: the software made available to the customer under licence for use of the Application.
12. Website(s): the user interface, functionality and content made available under the domain names of iGene Pharmaco.
13. Intellectual property rights: all applicable intellectual property rights, including copyrights, database rights, patent rights, trademark rights, trade name rights and design rights.
Article 2. Nature of the services
1. iGene Pharmaco offers a pharmacogenomic service. The service may include one or more of the following components: processing biological material (saliva or buccal swab), mapping genetic variations through DNA analysis, and/or making information based thereon available to the customer or user. The Report may also be compiled solely on the basis of existing laboratory results of the customer.
2. The information provided by iGene Pharmaco concerns insights into the possible susceptibility to and effectiveness of medications based on the pharmacogenomic test.
3. The service of iGene Pharmaco is primarily a pharmacogenomic service and is not intended as a substitute for regular medical diagnostics or treatment. iGene Pharmaco does not provide medical advice, does not make diagnoses and does not prescribe medication. The information provided may support the customer and, if desired, their healthcare provider, but in no case replaces personal medical advice or professional care.
4. The information provided by iGene Pharmaco provides insight into how the DNA of the customer or user may affect the processing of medications. A pharmacist, physician or other healthcare provider may incorporate this information into the patient’s medication policy. The information constitutes a translation of genetic variations into generally available scientific knowledge, based on publicly available scientific sources and the interpretation models used by iGene Pharmaco at the time. The assessment of the Report, the diagnosis and any adjustment of medication remain at all times the responsibility of the treating pharmacist or physician. The information therefore does not constitute individual diagnostic or treatment advice and does not replace the professional judgment of the healthcare provider. No rights can be derived from calculated values, risk profiles, interpretations or recommendations regarding a specific medical diagnosis, treatment, outcome, efficacy or suitability of a medication. This is without prejudice to the statutory rights of consumers, the duty of care of iGene Pharmaco and any liability for attributable shortcomings.
5. iGene Pharmaco advises customers and users to always consult a physician or other healthcare professional promptly for medical questions, complaints or symptoms, and never to delay professional care or disregard medical advice received on the basis of information provided by iGene Pharmaco.
6. The application of the information and recommendations provided is the sole responsibility of the customer or user. iGene Pharmaco is not liable for the manner in which the customer applies the information provided. If the customer has concerns about the accuracy of information in their individual case, they should consult a physician.
7. The service is provided on the basis of the current state of science and technology used by iGene Pharmaco at the time of service provision, to the extent incorporated in iGene Pharmaco’s systems. Genetic research, scientific knowledge and technology are continuously evolving.
Article 3. Applicability
1. These general terms and conditions apply to all offers, services, deliveries and agreements of iGene Pharmaco, as well as to all agreements concluded between the customer and iGene Pharmaco.
2. The applicability of any purchase or other terms and conditions of the customer is expressly rejected.
3. If one or more provisions in these general terms and conditions are null and void or are voided, the remaining provisions remain fully applicable. The parties will consult with each other in order to agree on new provisions to replace them, taking into account the purpose and purport of the original provision as much as possible.
4. In the event of conflict between these general terms and conditions and individual written agreements between iGene Pharmaco and the customer, the individual agreements prevail.
5. The provisions in these general terms and conditions relating to the use of the services, the Application, the Report and the processing of personal data (including in any case Articles 2, 6, 8, 9, 10, 11, 12 and 13) also apply to the user who has not purchased the Test themselves but obtained it through a third party, such as a pharmacy or healthcare provider.
Article 4. Formation of the agreement
1. An agreement between iGene Pharmaco and the customer is formed by:
a. placing an order for a Kit via the website or another sales channel;
b. accepting these general terms and conditions when creating an account in the Application;
c. signing a separate agreement, for example by business customers or healthcare customers; or
d. activating the Kit, submitting a saliva sample or using the Application, if the user obtained the Test through a third party.
2. iGene Pharmaco is entitled to refuse an order or application or to attach additional conditions thereto, if in the opinion of iGene Pharmaco there are justified reasons for doing so.
3. All offers and quotations from iGene Pharmaco are non-binding, unless expressly stated otherwise.
4. iGene Pharmaco ensures that the user, prior to use of the Kit or Application, is clearly informed of the applicability of these general terms and conditions and the Privacy Statement, including via the instruction leaflet included with the Kit and when creating an account in the Application.
Article 5. Performance of the services
1. iGene Pharmaco will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good service provider standards, on the basis of the state of knowledge known at the time, to the extent incorporated in iGene Pharmaco’s systems.
2. If and to the extent that proper performance so requires, iGene Pharmaco has the right to have certain or all work performed by third parties, including certified laboratories.
3. The customer shall ensure that all data which iGene Pharmaco indicates to be necessary, or which the customer reasonably ought to understand to be necessary for the performance of the assignment, are provided to iGene Pharmaco in the required form, in the required manner and in a timely fashion. If such data are not provided in a timely manner, iGene Pharmaco has the right to suspend performance and/or to charge the customer for any additional costs resulting from the delay.
4. iGene Pharmaco is not liable for damages if iGene Pharmaco has acted on the basis of incorrect and/or incomplete data provided by the customer.
5. The customer will be notified in an appropriate manner once their DNA profile has been analysed and the associated Report is available. iGene Pharmaco may also inform the customer of additions, new insights or updated interpretations.
6. The customer acknowledges and agrees that the form and nature of the services may change from time to time. Changes will not result in a material deterioration of the core functionality of the service, unless there is a valid reason for doing so. iGene Pharmaco will notify consumers at least thirty (30) days in advance of material changes to the services. The consumer may terminate the agreement free of charge as of the effective date of such change. For non-material changes or changes vis-à-vis business customers, iGene Pharmaco may adjust the services at its own discretion.
7. iGene Pharmaco is entitled to temporarily take the services offline for maintenance, updates or security measures. iGene Pharmaco endeavours to announce planned maintenance in advance. Temporary unavailability due to maintenance does not give rise to a right to compensation.
8. Notwithstanding the foregoing, iGene Pharmaco may implement changes, restrictions, corrections or temporary suspensions with immediate effect if this is necessary for: a. the safety or security of the services or personal data; b. prevention or limitation of misuse or fraud; c. compliance with laws and regulations, a court order or an instruction from a supervisory authority; d. correction of scientific or technical inaccuracies; or e. product safety or incident handling. iGene Pharmaco will notify the customer as soon as possible.
Article 6. Accounts and subscriptions
1. After taking the Test, the customer can create an account via the Application to consult the Report.
2. iGene Pharmaco may offer different account types, including a basic account (free) and an extended account (paid subscription). The available account types and their contents are stated on the website.
3. A paid subscription can be cancelled on a monthly basis, unless otherwise agreed. Upon termination of the paid subscription, the account is automatically converted to a basic account, if available.
4. iGene Pharmaco reserves the right to delete a (free) account after at least one (1) year of inactivity or in case of breach of these terms. Prior to deletion due to inactivity, iGene Pharmaco will notify the customer at least three (3) months in advance via a push notification in the Application, with the option to prevent deletion by logging in or downloading the available data. A paid account may be deleted if the customer fails to comply with the rules or conditions set by iGene Pharmaco.
5. The customer acknowledges that iGene Pharmaco is authorised to determine the retention period and access period for the service provided, in accordance with applicable laws and regulations and the Privacy Statement. iGene Pharmaco takes appropriate technical and organisational measures to protect the customer’s data. In the event of loss of genetic information due to a malfunction for which iGene Pharmaco is responsible, iGene Pharmaco will make efforts to restore the data and inform the customer. After termination of an account, iGene Pharmaco may retain minimal metadata, consent logs and security logs to the extent necessary for security, evidence, fraud prevention, legal obligations or the institution or substantiation of legal claims, in accordance with the Privacy Statement.
6. The customer is personally responsible for their account and the associated login credentials.
Article 7. Prices and payment
1. The total amount for the Kit or service must be received by iGene Pharmaco before the application is processed and the Kit is dispatched, unless expressly agreed otherwise.
2. Prices are stated on the website and/or in the separate agreement. All prices are in euros. Prices directed at consumers are inclusive of VAT; prices directed at business customers and healthcare customers are exclusive of VAT, unless otherwise stated.
3. iGene Pharmaco is entitled to change prices. Price changes do not apply to orders for physical products (such as the Kit) that have already been placed, unless the change follows directly from legislation or regulations.
3a. By way of derogation from paragraph 3, iGene Pharmaco is entitled to periodically change the rates of ongoing subscriptions (as referred to in Article 6), for example in the context of an annual inflation adjustment or due to demonstrable expansion of the functionality of the Application. iGene Pharmaco will notify the customer at least thirty (30) days prior to the price change electronically or via the Application. If the consumer does not agree to the price change, they have the right to cancel the subscription free of charge as of the date on which the price change takes effect.
4. If electronic payment has not been selected, payment must be made within fourteen (14) days of the invoice date, without deduction or discount. The date of credit to the account of iGene Pharmaco is deemed the date of payment. The statutory right of the consumer to set-off is not limited thereby.
5. In the event of late payment, the customer is in default by operation of law. iGene Pharmaco is from that moment entitled to charge statutory interest. For business customers and healthcare customers, the statutory commercial interest rate applies. The customer is also obliged to reimburse reasonable extrajudicial (collection) costs, in accordance with the statutory scale (Decree on compensation for extrajudicial collection costs).
6. In the case of payment by direct debit, the customer must ensure sufficient funds are available in the designated account.
7. Payment of an extended subscription is made monthly by debit from the customer’s account or via the App Store where the customer downloaded the Application.
Article 8. Intellectual property
1. iGene Pharmaco is the owner of, or holds the right to use, all intellectual property rights relating to the Websites, the Application, Tests, Reports, algorithms and production methods. The agreement does not entail the transfer of intellectual property rights vested in iGene Pharmaco.
2. The customer obtains only a personal, limited, non-exclusive, non-transferable and non-sublicensable right of use to use the Application and Report for their own personal use or, in the case of business customers and healthcare customers, solely for the expressly agreed internal or professional purpose.
3. iGene Pharmaco retains the right to use knowledge gained through the performance of work for other purposes, to the extent that no confidential information is disclosed to third parties.
4. The customer declares that by providing a saliva sample or their genetic material, they do not acquire any right to (the outcomes of) research or to commercial products and/or services developed by iGene Pharmaco or its partners. The customer understands that they will not receive any compensation for research or commercial products and/or services that iGene Pharmaco develops on the basis of anonymised or aggregated genetic information.
5. The customer is not permitted to decompile, reverse-engineer, scrape, automatically read, use for training or improvement of AI systems, or use for the development of competing services the Software, Application, Reports, databases or algorithms of iGene Pharmaco, either in whole or in part, except to the extent that mandatory law expressly permits this.
6. The foregoing does not affect the consumer’s right to download, store, print and share their own Report with their own physician or pharmacist for personal medical consultation.
Article 9. Confidentiality and privacy
1. iGene Pharmaco does not link the personal data required for sending the product to the genetic data. Postal address and genetic data are processed on separate systems. Following delivery of the Kit, address data are removed from the administrative systems of iGene Pharmaco, to the extent they are no longer necessary.
2. iGene Pharmaco may only share DNA data with third parties (such as a healthcare professional) when the customer gives explicit consent to do so.
3. Following completion of the Test, the DNA samples that were examined are destroyed by the laboratory.
4. The processing of personal data by iGene Pharmaco is governed by the Privacy Statement of iGene Pharmaco, available on the iGene Pharmaco Website. The customer declares to have taken note of this Privacy Statement.
5. iGene Pharmaco takes appropriate technical and organisational measures to protect the customer’s data, in accordance with its information security policy.
6. The customer treats all non-public information about the services, working methods, technology and organisation of iGene Pharmaco as confidential and will not disclose it to third parties without the prior written consent of iGene Pharmaco. This obligation remains in force after termination of the agreement.
Article 10. Customer declarations
1. The customer declares that they are eighteen (18) years of age or older at the time of providing a saliva sample and gaining access to their genetic information.
2. Minors may have a Test carried out by authorisation of a legal representative. The legal representative must send a power of attorney and proof of identity together with the saliva sample of the minor in question to iGene Pharmaco, and must indicate in advance that the sample provided does not originate from themselves.
3. The customer guarantees that the saliva sample they provide is their own saliva/DNA, except in the situation referred to in paragraph 2.
4. The customer declares to agree that the saliva sample provided and all data obtained may be transferred and/or processed outside the country in which the customer resides, in compliance with applicable privacy legislation.
5. The customer is solely responsible for all possible consequences of sharing their genetic and reported information with third parties.
6. The customer declares to have the authority, under the legislation of the country or jurisdiction in which they reside, to make all of the above declarations. In the event of breach of these declarations, iGene Pharmaco has the right to suspend its services or terminate the account. The customer indemnifies iGene Pharmaco against any liability arising from breach of these declarations.
7. The customer acknowledges, declares and accepts:
a. that the service of iGene Pharmaco is an information service and that the customer applies the information provided at their own responsibility, without prejudice to the duty of care of iGene Pharmaco;
b. that iGene Pharmaco endeavours to provide a safe and reliable service, but that temporary interruptions or technical errors may occur;
c. that genetic interpretations depend on the current state of science and may therefore change or be incomplete;
d. that the results of genetic analysis are inherently limited by the current state of science and individual variation, without prejudice to statutory conformity requirements;
e. that iGene Pharmaco has the right to monitor the use of its systems;
f. that iGene Pharmaco makes use of cookies and similar technologies, in accordance with the Privacy Statement.
Article 11. Unlawful and prohibited use
1. The customer guarantees that they will not make unlawful or prohibited use of the services of iGene Pharmaco. It is prohibited to use the services in such a way as to cause damage, disruption or overload, or to impede the use thereof by others.
2. It is in particular prohibited to use the services for:
a. uploading, distributing or transmitting material that is derogatory, defamatory, obscene or offensive, or that may be construed as harassment or discrimination;
b. obtaining data of third parties or attempting to identify other users and/or contact them;
c. downloading files from other users that the customer knows or should know is not permitted;
d. uploading or transmitting content that infringes intellectual property rights;
e. causing harm to minors in any manner whatsoever;
f. uploading material that contains software viruses or other harmful code;
g. circumventing security components of the Software;
h. obstructing or disrupting servers or networks connected to the services;
i. without authorisation using, activating, submitting or having analysed the DNA material, tube code, account or Report of another person;
j. offering, reselling, renting, transferring or commercially exploiting access to an account, Report, Test or Application;
k. making medical, commercial, scientific or regulatory claims about products or services of iGene Pharmaco that have not been approved in writing by iGene Pharmaco.
3. In the event of breach of these terms, iGene Pharmaco reserves the right to suspend or terminate its services to the customer, or to deny access to the account. If the termination or suspension is the result of intentional misconduct, misuse, fraud or illegal activities of the customer (as further specified in paragraph 2), the customer has no right to a refund of fees already paid, without prejudice to the right of iGene Pharmaco to claim full compensation for damages. In case of other breaches, the customer is entitled to a pro rata refund for the undelivered portion of the services, reduced by the damages suffered by iGene Pharmaco.
Article 12. Risks and considerations
1. The customer is aware that genetic information is irreversible. Once iGene Pharmaco makes the Report available for inspection, this knowledge is irrevocable. Not all information is necessarily positive or expected.
2. The information may provide insights into the possible response to medications that may evoke strong emotions, concerns or practical consequences. Incorrect interpretation of pharmacogenomic information or taking measures without adequate medical advice entails risks.
3. It is possible that the laboratory is unable to process the saliva sample – for example due to insufficient DNA or insufficient saliva – or that the laboratory process leads to errors. The measures described in paragraph 4 (cost-free reprocessing or full refund) constitute the primary remedy for the customer in the event of laboratory-related shortcomings. The other liability provisions of Article 13 remain fully applicable.
4. If the initial processing fails, iGene Pharmaco will attempt to reprocess the same sample, at no cost to the customer. In the event of repeated failure, iGene Pharmaco will send a new Kit free of charge. If the customer does not wish to make use of this, they are entitled to a full refund of the amount paid.
5. Genetic research is never complete. Science is continuously evolving; future research may change the interpretation of DNA data. Some interpretations may not be applicable to the specific situation of the customer.
6. The customer is advised to share genetic information with great care. Genetic information shared with a physician or other healthcare provider may inadvertently become part of the medical record and through that route become accessible to other healthcare providers and/or insurance companies.
7. The customer is expressly advised not to change their medication use, lifestyle or treatment solely on the basis of information from iGene Pharmaco, but always in consultation with a physician or other qualified healthcare provider. For most characteristics, genetic factors are only one of many factors that play a role.
8. iGene Pharmaco is not liable for decisions taken by the customer on the basis of the information obtained without consulting a qualified healthcare provider, without prejudice to the other liability provisions in Article 13.
Article 13. Liability
1. iGene Pharmaco will perform its activities to the best of its ability and with the care expected of a good service provider.
2. iGene Pharmaco is not liable for damages arising as a result of:
a. shortcomings in the services that are not attributable to iGene Pharmaco;
b. emotional or psychological effects experienced by the customer as a result of gaining knowledge of genetic information, to the extent that iGene Pharmaco has adequately informed the customer in advance of the possibility of such outcomes;
c. the customer’s application of information obtained via iGene Pharmaco without consulting a physician or other expert;
d. unauthorised access to or modification of the customer’s data, to the extent that iGene Pharmaco has taken appropriate security measures;
e. incorrect or incomplete data provided by the customer;
f. statements or conduct of third parties in relation to the services.
3. iGene Pharmaco is not liable for indirect damages and/or consequential damages, including lost profits, missed savings and damages due to business interruption.
4. The total liability of iGene Pharmaco is limited to compensation of the direct damages suffered by the customer up to a maximum of the amount paid by the customer to iGene Pharmaco in the twelve (12) months preceding the damage-causing event for the relevant service.
5. The limitations set out in this article do not apply if and to the extent that the damage is the result of intent or deliberate recklessness on the part of iGene Pharmaco, or to the extent that limitation of liability would be contrary to mandatory law, including in any case damage due to personal injury or death and claims under the General Data Protection Regulation. For consumers, the limitations set out in this article also do not apply to the extent that the damage results from breach of essential obligations of iGene Pharmaco, statutory conformity rights, information obligations or security obligations, to the extent that limitation thereof is not permitted under mandatory law or standards of reasonableness and fairness.
6. The customer must notify iGene Pharmaco of a claim as soon as possible, preferably within two (2) months of discovering the damage, in writing or by email. Late notification does not automatically result in forfeiture of rights, but may affect the possibilities available to iGene Pharmaco to limit or remedy the damage. iGene Pharmaco is given a reasonable period of at least thirty (30) days to remedy the shortcoming.
7. iGene Pharmaco always has the right – without obligation, if and to the extent possible – to remedy the damage suffered by the customer.
8. The business customer and healthcare customer indemnify iGene Pharmaco and its officers, employees and representatives against all claims of third parties that are directly or indirectly connected with the performance of the agreement. For consumers, this indemnification applies only to the extent that the third-party claims result from the attributable act or omission of the consumer in breach of these terms.
9. The customer is obliged to take all reasonably possible and necessary (preventive) measures to prevent or limit any damage.
Article 14. Complaints
1. Complaints about work performed and/or services delivered must be made known to iGene Pharmaco by the customer as soon as possible, preferably in writing or by email. For consumers, a complaint period of at least two (2) months after discovery of the defect applies. For business customers, a period of fourteen (14) days applies.
2. In the event of a timely complaint, iGene Pharmaco has the option of adjusting the amount charged, improving or re-performing the services free of charge, or wholly or partially not (further) performing the assignment against a pro rata refund, without prejudice to the statutory rights of the consumer to repair, replacement, price reduction or dissolution.
3. Filing a complaint does not suspend the customer’s payment obligation, unless iGene Pharmaco confirms otherwise in writing, without prejudice to the statutory rights of the consumer.
Article 15. Force majeure
1. iGene Pharmaco is not obliged to fulfil any obligation towards the customer if it is prevented from doing so as a result of force majeure.
2. Force majeure in these general terms and conditions is understood to mean – in addition to what is understood in law and case law – all external causes, foreseen or unforeseen, over which the parties have no control, including system, network or power supply failures, pandemics, government measures and strikes. Shortcomings of auxiliary persons engaged by iGene Pharmaco, including laboratories, that are the result of their own acts or omissions, do not constitute force majeure. This is without prejudice to iGene Pharmaco being able to invoke force majeure if one of the aforementioned circumstances prevents performance by both iGene Pharmaco and its auxiliary persons.
3. When a force majeure situation has lasted for more than thirty (30) days, both parties have the right to dissolve the agreement in writing. What has already been performed pursuant to the agreement will be settled on a pro rata basis.
Article 16. Export control and applicable regulations
1. By accepting these terms, the customer agrees to comply with all rules set by Dutch law and applicable international regulations. In particular, the customer agrees:
a. that the provision of their saliva sample is not subject to an export prohibition or restriction in the country in which the customer resides;
b. that the research and data may be transferred and/or processed outside the country in which the customer resides, in compliance with applicable privacy legislation;
c. that the customer will comply with all applicable rules and laws relating to the transfer of data.
Article 17. Modification of terms and services
1. iGene Pharmaco reserves the right to amend its general terms and conditions and/or the nature of its services.
2. Amended terms and conditions will be published on the iGene Pharmaco Website and, where possible, made personally available to the customer.
3. Consumers will be notified at least thirty (30) days before material amendments take effect, including an intelligible summary of the main changes. They may terminate the agreement as of the effective date of the amendment.
4. If the customer continues to use the services after the amendment of the general terms and conditions following the expiry of the period referred to in paragraph 3, the updated terms and conditions will apply. The consumer retains the right to terminate the agreement if they do not agree to the amended terms.
5. Software updates must be downloaded from time to time. The customer agrees to receive these updates as part of the use of the services.
Article 18. Cancellation and termination
1. These general terms and conditions continue to apply without limitation after termination of a paid or free account in respect of the rights and obligations arising from the agreement.
2. The customer may cancel their paid subscription at any time subject to a notice period of one month. Cancellation may be effected in writing, by email or via the account settings in the Application.
3. iGene Pharmaco may terminate the agreement with immediate effect or suspend the services if:
a. the customer acts in breach of these terms or if iGene Pharmaco has reasonable grounds to suspect misuse, fraud or illegal activities;
b. a laboratory, IT supplier, app store or certifying authority restricts or terminates the services in a manner that makes continuation reasonably impossible; or
c. iGene Pharmaco discontinues a product, test panel or service for technical, scientific or regulatory reasons, with due observance of a reasonable notice period.
Article 19. Applicable law and disputes
1. Dutch law exclusively governs all agreements concluded between the customer and iGene Pharmaco and the legal relationships arising therefrom.
2. The parties will first endeavour to resolve disputes by mutual consultation. If that does not lead to a solution, the parties may submit the dispute to an independent mediator before referring it to the courts.
3. Disputes that are not resolved by mutual consultation or through mediation will be submitted exclusively to the competent court in Arnhem, without prejudice to the right of the consumer to choose the court with jurisdiction under the law within one month after iGene Pharmaco invokes this provision.
PART II – ADDITIONAL PROVISIONS FOR CONSUMERS
The provisions in this part apply exclusively where the customer is a consumer within the meaning of Article 1, paragraph 3(a).
Article 20. Right of withdrawal
1. The consumer has the right to cancel the order for the Kit within fourteen (14) days of receipt without giving reasons (right of withdrawal), in accordance with Article 6:230o of the Dutch Civil Code, provided that the contents of the Kit are in unused condition.
2. Upon use of the saliva kit or activation of the tube code stickers, the right of withdrawal lapses, in accordance with Article 6:230p, paragraph 1(f) of the Dutch Civil Code (sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery). The consumer is informed of this at the time of ordering.
3. To exercise the right of withdrawal, the consumer contacts iGene Pharmaco using the model withdrawal form or by another unambiguous means.
4. Upon timely cancellation, the consumer has a further fourteen (14) days after cancellation to return the Kit. The product must be returned with all accessories supplied and in its original condition and packaging.
5. The consumer will receive a credit for the full order amount including outbound shipping costs. The cost of return shipping is borne by the consumer.
6. iGene Pharmaco will refund the order amount due within fourteen (14) days of registration of the return, provided that the product has been received in good order.
Article 21. Conformity and additional consumer rights
1. The provisions on distance selling (Book 6, Title 5, Section 2b of the Dutch Civil Code) and other mandatory consumer legislation apply without limitation to agreements with consumers.
2. If and to the extent that any provision in these terms is contrary to mandatory consumer law, the mandatory statutory provision applies.
3. Consumers can obtain information about their rights from ACM ConsuWijzer (www.consuwijzer.nl) or het Juridisch Loket (www.juridischloket.nl). If a dispute cannot be resolved by mutual consultation, the consumer may submit the dispute to a recognised and competent dispute resolution body, if iGene Pharmaco is affiliated therewith or if that body has jurisdiction, or to the competent court in accordance with Article 19.
PART III – ADDITIONAL PROVISIONS FOR BUSINESS CUSTOMERS AND HEALTHCARE CUSTOMERS
The provisions in this part apply exclusively where the customer is a business customer or healthcare customer within the meaning of Article 1, paragraph 3(b) or (c).
Article 22. Business customers
1. Business customers, including distributors, resellers, pharmacies or other intermediary purchasers, may conclude a separate agreement with iGene Pharmaco. The provisions of such an agreement take precedence over these general terms and conditions.
2. The business customer is personally responsible for correctly informing their end customers about the nature and limitations of the services as an information service. The business customer guarantees that they will inform their end customers of the fact that the service is not intended as a substitute for regular medical diagnostics or treatment.
3. The business customer indemnifies iGene Pharmaco against all claims by its end customers or third parties arising from the onward supply of products or services of iGene Pharmaco.
3a. The business customer may not make medical, diagnostic, therapeutic or commercial claims about products or services of iGene Pharmaco that have not been approved in advance in writing by iGene Pharmaco.
4. The right of withdrawal referred to in Article 20 does not apply to business customers.
5. The business customer is responsible for complying with all applicable laws and regulations in the onward supply of products or services of iGene Pharmaco, including the GDPR.
5a. The business customer reports complaints, incidents and potential product safety issues relating to products of iGene Pharmaco to iGene Pharmaco without delay and cooperates with investigations and remedial measures.
6. The business customer refrains from using the knowledge, processes or materials of iGene Pharmaco for competing services.
Article 23. Healthcare customers and healthcare institutions
1. Healthcare customers, including healthcare institutions, pharmacists, physicians and other healthcare professionals, who deploy the services of iGene Pharmaco for the benefit of their patients or clients, conclude a separate agreement with iGene Pharmaco for this purpose.
2. The healthcare customer, as healthcare provider, is personally responsible for the indication, interpretation and application of the information provided by iGene Pharmaco in the context of the treatment of their patients, as well as for the correct identification and linkage of sample, tube code and record. iGene Pharmaco accepts no liability for this.
3. If the healthcare customer provides personal data to iGene Pharmaco on behalf of or for the benefit of patients, the parties will conclude a data processing agreement in accordance with the General Data Protection Regulation (GDPR).
4. The healthcare customer ensures that patients are appropriately informed of the nature of the services as an information service and of the processing of their personal data, in accordance with applicable laws and regulations.
4a. The healthcare customer reports complaints, incidents, data breaches, potential patient safety issues or incorrect linkages relating to services of iGene Pharmaco to iGene Pharmaco without delay and cooperates with investigations and remedial measures.
5. The right of withdrawal referred to in Article 20 does not apply to healthcare customers.
Article 24. Final provisions
1. iGene Pharmaco is entitled to transfer its rights and obligations under the agreement to an affiliated company or to a third party in the context of a merger, acquisition, restructuring or sale of business activities, provided that appropriate privacy and security safeguards are put in place.
2. The Dutch text of these general terms and conditions is definitive. In the event of translation, the Dutch version prevails.
3. These general terms and conditions were last amended on 28 May 2026.
Contact details
iGene Pharmaco B.V. | KvK 96176776
Oude Haven 102, 6511 XH Nijmegen
Email: info@igene-pharmaco.care
Telephone: +31 24 2010065