PUBLIC OFFER
on the conclusion of an agreement for the provision of services for organizing genetic testing
This document constitutes an official offer of Limited Liability Company “DNA Test Center”, UNP 193700536, legal address: 220036, Republic of Belarus, Minsk, 66 Karl Liebknecht St., Premises 75, telephone: +375 29 320-69-79, e-mail: info@dnk-lab.by, hereinafter referred to as the “Contractor”, to enter into an agreement with an individual, hereinafter referred to as the “Customer”, under the terms and conditions of this Offer.
1. GENERAL PROVISIONS AND TERMS
1.1. This public offer (hereinafter referred to as the “Offer”) constitutes an offer by the Contractor to an unlimited number of individuals to enter into an agreement for the provision of services for organizing the genetic testing selected by the Customer and performed by a specialized Laboratory.
1.2. Acceptance of the Offer means payment by the Customer for a specific order after the Customer has been provided with information about the type of testing, final price, estimated timeframe and other material terms. The agreement shall be deemed concluded from the moment the payment is received by the Contractor.
1.3. Acceptance of the Offer and payment for the order do not constitute consent to the processing of special personal data, including genetic data. If consent is required for such processing, it shall be obtained separately.
1.4. Services — organizational and informational actions performed by the Contractor: providing information about types of genetic testing; providing instructions for independently obtaining and packaging samples; organizing transportation of independently obtained samples to the Laboratory; transferring the necessary information where there is a legal basis for doing so; interacting with the Laboratory; receiving the result prepared by the Laboratory and transferring it to the Customer.
1.5. Laboratory — a specialized organization that directly performs genetic testing in accordance with the requirements of the legislation applicable at its place of operation. Information about the Laboratory is provided before payment for a specific order. If the testing is performed by LLC “Inlab Genetics”, 190005, St. Petersburg, 18 Izmaylovsky Avenue, Building D, Premises 28-N.
1.6. Biological material — samples independently obtained by the Customer and/or other participants, presumed to contain human DNA, which are transferred to the Contractor for arranging their delivery to the Laboratory.
1.7. Standard sample — a sample of buccal epithelium independently obtained in accordance with the instructions; for certain types of testing, another material may constitute a standard sample in accordance with the Laboratory’s requirements.
1.8. Non-standard sample — other material provided by the Customer and presumed to contain human DNA. The possibility of testing such material is determined by the Laboratory.
1.9. Test result — a document prepared by the Laboratory. The Contractor does not alter its content.
1.10. Website — https://dnk-lab.by/.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The Contractor undertakes, at the Customer’s request, to provide services for organizing the genetic testing selected by the Customer and performed by the Laboratory, while the Customer undertakes to accept and pay for the services.
2.2. The Contractor provides organizational information and instructions, arranges the delivery of independently obtained samples, transfers the necessary information where there is a proper legal basis, interacts with the Laboratory, receives the completed result and transfers it to the Customer.
2.3. The Contractor does not directly perform genetic testing, laboratory analysis or processing of samples, collection of biological material, diagnosis, prescription of treatment or medical interpretation of the result.
2.4. Clause 2.3 describes the actual scope of the Contractor’s activities and does not constitute a contractual conclusion as to whether or not a specific activity is subject to licensing.
2.5. The name of the test, final price, estimated timeframe, type of required sample and information about the Laboratory are provided to the Customer before payment and recorded in an electronic order, correspondence, invoice/payment link or by another means.
2.6. If a specific order requires individual terms, such terms shall be communicated before payment and, after acceptance, shall not be changed unilaterally contrary to applicable law.
3. ORDER PLACEMENT PROCEDURE
3.1. An order may be placed through the Website, by telephone, e-mail, messenger or by any other available means.
3.2. Before payment, the Contractor provides information about the type of test, final price, estimated timeframe, procedure for independently obtaining and packaging samples, information about the Laboratory and other material information.
3.3. Payment constitutes acceptance of the Offer and conclusion of the agreement under the terms of this Offer and the individual terms of the order.
3.4. Before transferring special/genetic data to the Laboratory, the Contractor verifies the existence of a proper legal basis for their processing and transfer.
3.5. If consent constitutes the legal basis, the data subject shall first be provided with the information required by law, and separate consent shall be obtained https://dnk-lab.by/en/soglasie-geneticheskie-dannye.
3.6. For multiple participants, the legal basis for processing the data of each participant shall be determined separately. The Customer may not provide consent on behalf of another adult legally capable participant without lawful authority.
4. INDEPENDENT COLLECTION AND DELIVERY OF SAMPLES
4.1. The Contractor provides instructions for independently obtaining, packaging, labeling and delivering samples.
4.2. The Customer and/or participant independently obtains the sample. The Contractor does not collect biological material.
4.3. The Customer is required to follow the instructions. Failure to do so may affect the suitability of the sample and the timeframe.
4.4. The Contractor does not guarantee that a sufficient quantity of suitable DNA will be present in a sample independently provided by the Customer.
4.5. If the Laboratory determines that the sample is unsuitable, the Contractor shall notify the Customer and inform them of the possibility and/or necessity of providing a repeat or additional sample.
4.6. By providing a sample, the Customer confirms the lawful acquisition and transfer of the sample. This does not release the Contractor from compliance with applicable law.
5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
5.1. The Contractor shall provide information and instructions; arrange the delivery of samples; transfer information only to the extent necessary and where there is a legal basis; interact with the Laboratory; transfer the result; ensure confidentiality; and inform the Customer about repeat samples and material changes.
5.2. The Contractor may engage the Laboratory, carriers, courier services, payment service providers, IT providers and other organizations, subject to compliance with applicable law.
5.3. The Contractor may request only information objectively necessary for fulfilling the order.
5.4. The Contractor may suspend performance if the necessary information, a suitable sample, the required legal basis or another objectively necessary condition is absent, notifying the Customer of the reason and the required actions.
5.5. If a repeat/additional sample is required, the timeframe shall be recalculated taking into account the time required to obtain it and the Laboratory’s requirements. This shall not constitute an arbitrary unilateral change to the timeframe.
5.6. The Contractor may refuse to perform the services if performance is objectively impossible or contrary to law, with settlements made in accordance with applicable law and the actions actually performed.
6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
6.1. The Customer shall provide accurate and necessary information, independently obtain and package samples in accordance with the instructions, pay for the order, refrain from providing unlawfully obtained samples and refrain from impersonating another data subject.
6.2. If the Customer acts in relation to the data/samples of another person, the Customer shall have lawful authority and may not substitute their own consent for the personal consent of another adult data subject where such consent is required.
6.3. The Customer shall be liable as provided by law for the accuracy of the information provided and the lawfulness of their own actions involving the provided material.
6.4. The Customer has the right to receive information about the status of the order, receive the result, withdraw from the agreement in accordance with the established procedure, submit claims regarding deficiencies in the service, exercise the rights of a personal data subject and other consumer rights.
7. TIMEFRAMES
7.1. The estimated timeframe for obtaining the result shall be communicated before payment.
7.2. Unless otherwise agreed, the timeframe for the laboratory part of the testing shall be calculated from the receipt by the Laboratory of a suitable sample and the necessary information.
7.3. If a repeat/additional sample or information is required, the relevant timeframe shall be suspended until they are received; an updated estimated timeframe shall then be communicated.
7.4. In the event of a delay, the Contractor shall inform the Customer of the reasons that have become known and the new estimated timeframe. Liability shall be determined in accordance with applicable law, taking into account the specific circumstances; the involvement of a third party does not in itself create a general exemption of the Contractor from liability.
8. PRICE AND PAYMENT
8.1. The prices published on the Website apply to the respective standard offers. If an individual calculation is required, the final price shall be communicated before payment.
8.2. After acceptance, the agreed final price of the order shall not be changed unilaterally by the Contractor, except for additional services expressly provided for by law or separately agreed upon.
8.3. The price shall be confirmed by an electronic order, invoice/payment link, correspondence or another means.
8.4. Unless otherwise agreed, payment shall be made on the basis of full prepayment via ERIP, bank card, QR code, bank account or another lawful method.
8.5. The payment obligation shall be deemed fulfilled upon receipt of the funds by the Contractor.
9. WITHDRAWAL FROM THE AGREEMENT AND REFUND
9.1. The Customer has the right to withdraw from the agreement in the cases and according to the procedure provided for by the legislation of the Republic of Belarus.
9.2. If the withdrawal is received before any actions are performed and any expenses are incurred in connection with the order, the refund shall be made in accordance with the procedure provided for by law.
9.3. If part of the actions has been performed and/or necessary expenses have been incurred, settlements shall be made taking into account the services actually provided and expenses actually incurred, only to the extent permitted by law.
9.4. At the Customer’s request, the Contractor shall provide information enabling the Customer to understand the calculation of the amount withheld, where such withholding is permitted by law.
9.5. This section does not limit the mandatory rights of the consumer.
10. SPECIFIC FEATURES OF GENETIC TESTING
10.1. The possibility of obtaining an informative result depends, among other things, on the characteristics of the material independently provided by the Customer.
10.2. A sample may not contain a sufficient quantity of DNA, may contain degraded/contaminated DNA or material from several individuals, or may be unsuitable for the required profile.
10.3. For non-standard samples, the risk of being unable to obtain a suitable profile may be higher.
10.4. The mere fact that suitable DNA cannot be extracted does not establish improper performance of the Contractor’s organizational obligations. The Customer retains the rights provided by law and may refer to specific violations by the Contractor.
10.5. The material may be partially or completely consumed/destroyed during the laboratory procedure. The possibility, timeframe and conditions for returning any remaining material shall be determined by the Laboratory’s rules applicable to the specific order as of the date the sample was delivered.
10.6. Specific requirements for a particular type of sample shall be communicated to the Customer before the sample is delivered to the Laboratory.
11. TEST RESULT
11.1. The result is generated directly by the Laboratory.
11.2. The Contractor shall provide the result by the agreed method: e-mail, messenger, personal account, in person, postal mail or another method, taking into account personal data protection requirements.
11.3. The Contractor does not alter the content of the result.
11.4. The Contractor may provide organizational explanations regarding the structure of the document and the procedure for obtaining it, but does not provide medical interpretation, make diagnoses or provide medical recommendations.
11.5. The result may be transferred to a third party only where there is a proper legal basis.
12. PERSONAL DATA
12.1. When placing and fulfilling an order, the Contractor processes the data of the Customer and, where necessary, other participants.
12.2. Processing is carried out in accordance with the Law of the Republic of Belarus dated May 7, 2021 No. 99-Z “On the Protection of Personal Data”, the Privacy Policy of LLC “DNA Test Center” and other applicable legal acts.
12.3. Genetic data and results containing such data constitute special categories of personal data.
12.4. A separate legal basis is determined for each purpose. The agreement between the Contractor and the Laboratory does not in itself constitute a legal basis for processing an individual’s data.
12.5. Where consent constitutes the legal basis for processing special/genetic data, the data subject shall be provided with the information required by law before consent is obtained, and consent shall be obtained separately from acceptance of the Offer, payment and other consents.
12.6. Separate purposes requiring consent shall not be combined into a single consent. Consent to the processing of genetic data shall not be combined with marketing, newsletters, reviews, non-mandatory analytics or other separate purposes.
12.7. Only the necessary data and sample shall be transferred to the Laboratory where there is a proper legal basis.
12.8. If the Laboratory is located in the Russian Federation, the transfer of personal data constitutes a cross-border transfer and shall be carried out in compliance with applicable requirements.
12.9. Processing periods shall be determined according to the relevant purposes specified in the Privacy Policy. Payment does not constitute consent to indefinite processing.
12.10. The rights of data subjects, the procedure for exercising such rights and withdrawing consent are determined by the Privacy Policy and applicable law.
13. CONFIDENTIALITY
13.1. The Contractor shall ensure the confidentiality of personal data and other protected information.
13.2. Access shall be granted only to persons who require it to perform a specific function.
13.3. Transfer to the Laboratory, carriers, IT providers and other persons is permitted where there is a legal basis and only to the extent necessary.
13.4. The Contractor shall implement organizational and technical protection measures required by law.
14. LIABILITY
14.1. The Parties shall be liable in accordance with applicable law and this Offer.
14.2. The Contractor shall not be liable for the inability to obtain a laboratory result caused by the objective unsuitability of a sample independently provided by the Customer, provided that such unsuitability did not result from an act or omission of the Contractor.
14.3. The Contractor shall not be liable for inaccurate information regarding the origin of a sample provided by the Customer if the Contractor did not know and could not reasonably have known that such information was inaccurate.
14.4. For a non-standard sample, the absence of a suitable profile does not in itself constitute improper provision of the organizational service; performance shall be assessed based on the obligations actually performed and applicable law.
14.5. The involvement of the Laboratory, a carrier or another third party does not in itself release the Contractor from liability to the Customer where such liability is imposed on the Contractor by law.
14.6. No provision of the Offer excludes or limits mandatory consumer rights.
15. FORCE MAJEURE
15.1. The Parties shall be released from liability for non-performance resulting from extraordinary and unavoidable circumstances in the cases and according to the procedure provided for by applicable law.
15.2. A Party affected by such circumstances shall inform the other Party within a reasonable period, where possible.
16. TERM AND AMENDMENTS TO THE OFFER
16.1. The Offer shall remain in effect from the moment it is published on the Website until it is withdrawn or a new version is published.
16.2. The version of the Offer effective at the time of acceptance shall apply to a specific order, unless the Parties have agreed otherwise in a manner permitted by law.
16.3. The Contractor shall ensure that the version of the Offer applicable to a specific order can be identified.
17. REQUESTS AND DISPUTES
17.1. The Customer has the right to submit a request/claim using the Contractor’s contact details.
17.2. The Parties shall seek to resolve disagreements through negotiations; this does not restrict the consumer protection remedies provided by law.
17.3. A mandatory pre-litigation claims procedure shall apply only where established by law.
17.4. Any dispute shall be resolved in accordance with the procedure and jurisdiction rules established by the legislation of the Republic of Belarus.
18. NON-STANDARD SAMPLES
18.1. Before a non-standard sample is delivered, the Customer shall be informed that suitable DNA may be absent or degraded/contaminated, that a mixed profile may be present, and that suitability is often determined only during the laboratory procedure.
18.2. The result may contain a conclusion that it is impossible to obtain a suitable DNA profile and/or perform the calculation for reasons related to the properties of the sample. This does not deprive the Customer of the right to submit claims where the Contractor has breached its obligations.
18.3. The Customer does not waive in advance any claims or other rights provided by law.
18.4. The sample may be completely/partially consumed. The conditions for storage and return shall be determined by the Laboratory’s rules applicable to the specific order as of the date the sample was delivered and shall not be changed retroactively to the detriment of the agreed terms.
18.5. If the return of any remaining material is possible, the Customer shall be informed of the applicable conditions: storage period, request procedure, delivery cost and other material terms.
18.6. Providing a non-standard sample does not constitute a waiver of the quality guarantees applicable to the Contractor’s organizational services.
19. APPLICABLE LAW
19.1. The relationship shall be governed by the legislation of the Republic of Belarus, including the Civil Code of the Republic of Belarus, Law of the Republic of Belarus dated January 9, 2002 No. 90-Z “On the Protection of Consumer Rights”, Law of the Republic of Belarus dated May 7, 2021 No. 99-Z “On the Protection of Personal Data” and other applicable legal acts.
19.2. If any provision of the Offer conflicts with a mandatory provision of law, the relevant provision of law shall apply; the remaining provisions shall remain in force.
20. CONTRACTOR’S DETAILS
Limited Liability Company “DNA Test Center”
UNP: 193700536
Legal address: 220036, Republic of Belarus, Minsk, 66 Karl Liebknecht St., Premises 75
Telephone: +375 29 320-69-79
E-mail: info@dnk-lab.by
Website: https://dnk-lab.by/
General Director: Evgeny Yakovlevich Evglevsky
