General Terms and Conditions

Terms and conditions for the iprobio.com website, operated by Perbiotix, s.r.o.

The customer and business partner service centre for the Slovak Republic is operated by Perbiotix, s.r.o., Palárikova 2657, 022 01 Čadca, Slovakia, company registration number: 53 074 980.

Customer

1. The customer voluntarily provides their personal data to the seller and agrees to its subsequent processing by the online marketplace. The customer provides only the data necessary to complete the commercial transaction. By placing an order, the customer confirms that they have read the terms and conditions carefully and without difficulty, understand them and agree to them. By accepting the terms and conditions, the customer agrees to the creation and archiving of anonymous data records from information obtained through testing and analysis of the customer’s gut microbiome and from survey questionnaires, excluding sensitive personal information (names, dates of birth, place of residence) that would make the data personally identifiable. These anonymised data will be used for statistical data analysis, further research and publication of results of research on the microbiome and its modulation through probiotic supplementation at conferences, lectures, interviews, websites, web presentations, television programmes, specialist and mainstream magazines and other publications. By accepting the terms and conditions, the customer also agrees to participate in research and accepts the Informed Consent Agreement concerning the isolation, archiving and analysis of bacterial DNA from the gut microbiome. We may use the customer’s anonymised data to prepare research studies aimed at scientific discoveries.

Subject and nature of the terms and conditions

2.1. These terms and conditions (the “terms and conditions”) are issued in accordance with the laws of the Slovak Republic. Where a contracting party is a consumer, legal relations not governed by these terms and conditions are governed by Act No. 40/1964 Coll., the Civil Code, as amended; Act No. 250/2007 Coll. on Consumer Protection, as amended; and Act No. 108/2000 Coll. on Consumer Protection in Door-to-Door and Mail Order Sales, as amended. Where a contracting party is a business, legal relations not governed by these terms and conditions are governed by Act No. 513/1991 Coll., the Commercial Code, as amended. The terms and conditions form an integral part of all purchase contracts (contracts for the supply of goods) concluded between the seller and another natural or legal person (the “buyer”) through the online shop (the “purchase contract”). 2.2. The terms and conditions further define and regulate the mutual rights and obligations of the contracting parties arising in connection with or under a purchase contract concluded through the online shop, and in connection with the buyer’s use of the website. The terms and conditions do not apply where the buyer concludes the purchase contract in the course of their business activities or independent professional practice. 2.3. The purchase contract and the terms and conditions are drawn up in Slovak; translations into other languages are for information only. 2.4. The buyer expressly agrees to receive information relating to the seller’s goods, services or business, and any commercial communications from the seller, particularly within the meaning of Act No. 480/2004 Coll. on Certain Information Society Services, as amended, via their postal address, email address, telephone number, automated calling devices or other similar means, including telemarketing. The buyer may withdraw this consent in writing at any time.

User account

3.1. Following registration on the website, the buyer may access their user interface on the website, from which they may order goods (the “user account”). The buyer may also order goods without registering on the website. 3.2. When registering on the website and/or ordering goods under Article 3.1, the buyer must provide all requested information correctly, completely and truthfully. The buyer must update the information in their user account whenever it changes. The seller considers the buyer’s information provided in the user account and/or when ordering goods under Article 3.1 to be correct. 3.3. The buyer signs in to the user account using a one-time verification code sent to their email address, or another sign-in option offered on the sign-in page. The buyer must keep confidential the information needed to access the user account and acknowledges that the seller bears no responsibility for the buyer’s breach of this obligation, particularly for any resulting damage or harm to the buyer. 3.4. The buyer must not allow third parties to use their personal user account. 3.5. The buyer acknowledges and expressly agrees that the seller may cancel the buyer’s user account at any time, particularly if the buyer has not used it for one (1) year or breaches their obligations under the purchase contract (including the terms and conditions). 3.6. The buyer acknowledges that the user account may be unavailable; the seller accepts no responsibility for any outages.

Conclusion of the purchase contract

4.1. The shop’s web interface contains an overview of the goods proposed for sale by the seller, including the price of each item, value added tax and all other related taxes and charges. 4.2. Displaying goods in the product overview is not an offer by the seller, but only an invitation to make an offer, and the seller is not obliged to conclude a purchase contract for those goods. This does not affect the seller’s ability to conclude a purchase contract with the buyer on individually agreed terms. The buyer acknowledges that the seller is not obliged to conclude a contract, particularly with persons who have previously materially breached their obligations to the seller, especially by repeatedly failing to accept and/or pay for goods. 4.3. The goods, including their prices, are available only for as long as they are displayed in the shop’s web interface. If ordered goods are no longer available, supplied or manufactured, the seller will contact the buyer without delay to agree on the next steps; the seller may also reject and cancel the order. 4.4. Before sending the order to the seller, the buyer may check and confirm the information they have entered, including identifying and correcting errors made when entering the order data. The buyer may cancel the order by email from the time it is submitted until order preparation begins. This does not affect the right to withdraw from the purchase contract under Article 6. 4.6. Depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), the seller may always ask the buyer to prove their identity. If the buyer refuses to provide identity documents, the order lapses. 4.7. The buyer acknowledges and expressly agrees that the goods displayed in the shop’s web interface are for illustration only, and the seller may deliver the goods in another suitable form. 4.8. The purchase contract between the seller and the buyer is concluded when the seller’s acceptance of the buyer’s order is delivered to the buyer. The seller will send confirmation to the buyer’s email address. 4.9. The purchase contract, including the terms and conditions, is archived electronically by the seller and is not accessible. 4.10. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The buyer bears their own costs of using means of distance communication in connection with concluding the purchase contract (internet connection costs and telephone call costs).

Prices and payment terms

5.1. The buyer may pay the seller the price of the goods and any delivery costs under the purchase contract in the following ways: 5.1.1. in cash at the seller’s premises; 5.1.2. in cash on delivery at the place specified by the buyer in the order; 5.1.3. by bank transfer to the seller’s account; 5.1.4. through payment or other third-party systems listed on the website; or 5.1.5. by payment card. 5.2. Together with the purchase price, the buyer must pay the seller the agreed delivery costs, unless expressly agreed otherwise. 5.3. For cash or cash-on-delivery payments, the purchase price is due upon receipt of the goods. For non-cash payments, the purchase price is due before dispatch. 5.4. When paying by bank transfer, the buyer must include the variable payment reference when paying the purchase price. For non-cash payments, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account. 5.5. Discounts on the price of goods provided by the seller cannot be combined. 5.7. Where required by generally binding legislation, the seller will issue the buyer a tax document – an invoice – for payments made under the purchase contract. The seller is registered for value added tax. The seller will issue the tax document – invoice – after payment of the price of the goods and send it electronically to the buyer’s email address. 5.8. Under the Act on Registration of Sales, the seller must issue the buyer a receipt. The seller must also record the payment received online with the tax administrator; in the event of a technical outage, no later than within 48 hours.

Withdrawal from the purchase contract

6.1. The buyer has the right to withdraw from the purchase contract without giving a reason within 30 days of receiving the goods, in accordance with Section 7 et seq. of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Away from the Seller’s Business Premises. A consumer cannot withdraw from a contract for the sale of goods made to their specific requirements, made-to-measure goods or goods intended specifically for one consumer. As the entire analysis and manufacturing process is carried out according to each customer’s specific circumstances and is therefore personalised, the consumer has the right to withdraw from the contract no later than the moment they receive the sampling kit. The buyer must send the sampling kit to the laboratory no later than 6 months from the purchase date. After this period, entitlement to sample processing and production of the personalised iProbio 2.0® product expires, without entitlement to a refund of the purchase price. Upon sending it to the laboratory, the consumer loses the right to withdraw from the contract. In such a case, the buyer must send the sampling kit to the seller’s registered office without delay, no later than within 3 days. If this obligation is breached, the buyer must pay a contractual penalty of 50€ within 7 calendar days on the basis of an invoice issued. In such a case, the seller may also send the invoice by email or in another electronic form. The consumer agrees in advance to this procedure and to the amount of the contractual penalty. 6.2. When exercising the right to withdraw from the purchase contract, the buyer must inform the seller of the withdrawal by a unilateral legal act. The recommended procedure is: 6.2.1. sending a duly completed and signed request to the postal address Perbiotix, s.r.o., Palárikova 2657, 022 01 Čadca; 6.2.2. sending an email from the buyer’s email address to: info@iprobio.com 6.3. The withdrawal deadline is met if the notice of withdrawal is sent before the relevant period expires. 6.4. If the buyer withdraws from the purchase contract, the seller will refund all payments received from the buyer, including delivery costs, without undue delay and no later than fourteen (14) days from receipt of the notice of withdrawal (except additional costs arising from the buyer’s choice of a delivery method other than the least expensive standard delivery offered by the seller). The seller will use the same payment method the buyer used for the original transaction; another method will be used only if the buyer has agreed to it and incurs no additional costs as a result. 6.5. The seller will refund the payment only after receiving the returned goods or after the buyer provides evidence of having sent them back, whichever occurs first. 6.6. The buyer undertakes to send the goods back to the seller or hand them over at Perbiotix, s.r.o., Palárikova 2657, 022 01 Čadca, without undue delay and no later than fourteen (14) days from withdrawal. The deadline is considered met if the buyer sends the goods back before the fourteen (14) days expire. Article 6.5 remains unaffected. 6.7. The buyer bears the costs of returning the goods. 6.8. Important notice! The following conditions must be met for the supplier to refund the purchase price:

The goods must be returned intact, complete and in their original condition, including the original packaging. Neither the goods nor the packaging may be damaged in any way.

The buyer is liable to the seller only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. If the returned goods are damaged, worn or partially consumed contrary to the preceding sentence, the seller is entitled to compensation from the buyer for the resulting damage. The seller may unilaterally set off this claim for compensation against the buyer’s claim for a refund of the purchase price. 6.9. The buyer acknowledges that withdrawal from the purchase contract is not possible for the reasons listed in Section 7(6) of the Consumer Protection Act. Among other things, withdrawal is not possible from a contract for the supply of (i) goods customised to the buyer’s wishes or for their person, (ii) goods liable to deteriorate rapidly, as well as goods that have been irreversibly mixed with other goods after delivery, and (iii) goods in sealed packaging that the buyer has removed from the packaging and that cannot be returned for hygiene reasons. This applies particularly to food supplements. 6.10. If the seller provides gifts with the goods or sells goods at a symbolic price, the gift/purchase agreement between the seller and the buyer is concluded subject to the condition subsequent that, if the buyer exercises the right to withdraw under Article 6.1, that agreement ceases to be effective and the buyer must return, intact and together with the goods, all gifts provided in connection with the agreement.

Transport and delivery of goods, delivery costs

7.1. The available delivery methods, shipping charges and any estimated dispatch or delivery dates are shown before the buyer submits the order. The buyer chooses the delivery method at checkout. Delivery is available within Slovakia and to the following European Union destinations: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovenia, Spain (excluding the Canary Islands, Ceuta and Melilla) and Sweden. International orders to these destinations are delivered by DPD courier. The shipping charge for the order is shown at checkout before payment. 7.2. If a delivery method is agreed at the buyer’s request, the buyer bears any additional costs associated with that method. 7.3. If the seller is required under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer must accept the goods or arrange for their acceptance upon delivery. If the buyer does not accept the goods, the seller may seek reimbursement of additional transport and subsequent storage costs or withdraw from the purchase contract. In the event of withdrawal, the seller may unilaterally set off these costs against the buyer’s claim for a refund of the purchase price. 7.4. If, for reasons attributable to the buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the buyer must pay the costs of repeated delivery or the costs associated with the alternative delivery method. 7.5. Upon receiving the goods from the carrier, the buyer must check that the packaging is intact and immediately report any defects to the carrier. If damage to the packaging indicates unauthorised entry into the parcel, the buyer is not obliged to accept it from the carrier. By signing the delivery note, the buyer confirms that the packaging of the parcel containing the goods was intact, and any subsequent complaint concerning damage to the packaging will not be taken into account.

Quality on receipt and liability for defects

8.1. The contracting parties’ rights and obligations concerning the seller’s liability for defects, including warranty liability, are governed by the applicable generally binding legislation. 8.2. The seller is liable to the buyer for the goods being free from defects upon receipt. In particular, the seller is liable for ensuring that, when the buyer receives the goods, they have the characteristics agreed by the parties and, where no such agreement exists, the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and the advertising by the seller or manufacturer; that they are suitable for the purpose stated by the seller or for which goods of the same kind are normally used; that their quality or design matches the agreed sample or model, where quality or design was determined by an agreed sample or model; that they are supplied in the appropriate quantity, measure or weight; and that they meet legal requirements.

8.3. If a defect appears within six (6) months of receipt, the goods are presumed to have been defective upon receipt, particularly where this is not inconsistent with the nature of the goods or unless proven otherwise. 8.4. If the goods do not have the characteristics specified in Article 8.2, the buyer may require the seller to bring them into conformity with the purchase contract without undue delay, either by repairing them free of charge or by supplying new goods without defects, as requested by the buyer, unless this is disproportionate given the nature of the defect. The buyer is also entitled to new goods in the case of a repairable defect if they cannot use the goods properly because the defect recurs after repair or because there are multiple defects; in such a case, the buyer also has the right to withdraw from the purchase contract. If this procedure is not possible or the buyer does not exercise it, the buyer may request a reasonable reduction in the price; the buyer is also entitled to a reasonable reduction if the seller cannot supply new goods without defects or repair the goods, if the seller fails to remedy the defect within a reasonable time, or if doing so would cause the buyer significant inconvenience. When new goods are supplied, the buyer must return the originally supplied goods at the seller’s expense. 8.5. The buyer may exercise rights arising from a defect that appears in the goods within twenty-four (24) months of receipt. If a period during which the goods may be used is stated on the goods, their packaging, accompanying instructions or in advertising in accordance with other legislation, the provisions on quality guarantees apply. The warranty period begins when the goods are handed over to the buyer; if the goods are dispatched under the purchase contract, it begins when they reach the destination specified in the order. 8.6. The buyer has no rights arising from defective performance if they knew of the defects before receiving the goods or caused them themselves. Rights arising from defective performance also cannot be exercised in the following circumstances:

8.6.1. if a use-by period is marked on the product, its packaging or instructions in accordance with specific legislation, the warranty period ends when that period expires

8.6.2. the warranty period for the goods concerned expired before the complaint was submitted

8.6.3. the defect arose from failure to follow the manufacturer’s instructions

8.6.4. the defect arose from improper handling or neglect of the goods

8.6.5. the defect arose from an unauthorised modification to the goods

or 8.6.7 the goods were damaged by natural forces.

8.7. The buyer must exercise their rights arising from the seller’s liability for defects, including warranty liability, without undue delay after discovering the defects, by contacting the seller at Perbiotix, s.r.o., Palárikova 2657, 022 01 Čadca, or by email at: info@iprobio.com. When sending the goods concerned, the buyer must provide a description of the reported defect. If the complaint is justified, the seller must reimburse the buyer for reasonable costs of transporting the goods to the seller. 8.8. Immediately after a complaint is made, the seller will send written confirmation to the buyer’s email address, stating the date, subject and requested means of resolution. The seller will inform the buyer of the outcome by email and, where appropriate, by telephone. The period for resolving a consumer complaint is thirty days. 8.9. If an incomplete order is delivered, the buyer must inform the seller within 3 days; later complaints will not be accepted. A complaint about an incomplete parcel may be made by email at: info@iprobio.com

Other rights and obligations of the contracting parties

9.1. The buyer acquires ownership of the goods upon payment of the full purchase price. 9.2. The buyer agrees that the seller may fulfil obligations under the purchase contract (including handing over the goods) through third parties, particularly the persons referred to in Articles 5.1.1 and 10.5. 9.3. When using the shop’s web interface, the buyer must not use mechanisms, software or other procedures that could adversely affect its operation. The shop’s web interface may be used only to an extent that does not prejudice the rights of the seller’s other customers and is consistent with its intended purpose. 9.4. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the Civil Code. 9.5. The buyer acknowledges that the seller is not responsible for errors caused by third-party interference with the website or by use contrary to its intended purpose. The seller notes that some website information is obtained from third parties and may contain factual or technical inaccuracies or typographical errors, and may be updated without prior notice. The seller therefore cannot guarantee the accuracy of the website content without reservation. The seller is not liable to any other party for damage caused by the use of information from the online shop or website. 9.6. The buyer agrees to the storage of cookies on their computer. Cookies are small files used by service providers and advertisers displaying advertising on the website to recognise the user’s computer when it communicates with the website and subsequently enable certain website functions. If a purchase can be made on the website and the seller’s obligations under the purchase contract fulfilled without storing cookies on the buyer’s computer, the buyer may withdraw the consent referred to in the preceding sentence at any time.

Privacy policy

10.1. The seller ensures full protection of the buyer’s data. The buyer’s personal data are confidential and are processed only to fulfil the order and send information and commercial communications under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (the “GDPR”), and Act No. 18/2018 Coll. on Personal Data Protection and on amending and supplementing certain acts. 10.2. The buyer agrees to the collection, storage and processing of the following personal data: first name and surname, residential address, delivery address, identification number, tax identification number, email address, telephone number and information about the buyer’s purchases (collectively, “personal data”). 10.3. The buyer agrees to the seller processing personal data to the extent necessary to exercise rights and fulfil obligations under the purchase contract (for example, distribution of goods, payment transactions and billing), to maintain the user account and to send information and commercial communications to the buyer. 10.4. The buyer acknowledges their obligation to provide their personal data correctly, completely and truthfully (when registering, in their user account and when ordering through the shop’s web interface) and to inform the seller without undue delay of any changes. 10.5. Personal data will be processed for an indefinite period. They will be processed electronically by automated means or in printed form by non-automated means. 10.6. The buyer confirms that the personal data provided are accurate and that they have been informed that providing personal data is voluntary.

Delivery of correspondence

11.1. Unless agreed otherwise, all correspondence relating to the purchase contract must be delivered to the other contracting party in writing, by email, in person or by registered post through a postal service provider, at the sender’s choice.

Common, transitional and final provisions

12.1. Governing law and jurisdiction: Rights and obligations arising from or relating to the purchase contract, including non-contractual liability, are governed by Slovak law, excluding rules of private international law. 12.2. Dispute resolution: The Slovak Trade Inspection is competent for out-of-court resolution of consumer disputes arising from the purchase contract, with its registered office at Slovenská obchodná inšpekcia, PO BOX 29, Prievozská 32, 827 99 Bratislava; the locally competent Inspectorate of the Slovak Trade Inspection for the Žilina Region is at Predmestská 1359/71, 010 01 Žilina, Supervision Department and Legal Department, telephone 041/763 21 30, 041/724 58 68, fax 041/763 21 39. 12.4. Change of circumstances: Both contracting parties assume the risk of a change of circumstances, and Sections 1765(1) and 1766 of the Civil Code do not apply. 12.5. Gross disparity: The buyer declares that they are aware of the actual value of the performance provided and agree without reservation to its agreed price. 12.6. Validity and amendments: These terms and conditions are binding on all parties to completed transactions, both the buyer and the seller as the online shop operator. The seller reserves the right to amend the terms and conditions and undertakes to provide timely and clear notice of all amendments on the online shop’s website.

GDPR

This statement sets out the fundamental principles for protecting personal data and other data processed. We aim to process personal data in accordance with the General Data Protection Regulation, known as the GDPR (Regulation No. 2016/679 of the European Parliament and of the Council of the European Union), and Act No. 101/200 Coll. Personal data controller: Perbiotix, s.r.o., Palárikova 2657, 022 01 Čadca. We are a limited liability company selling food supplements through an online shop and through our business partners. To protect personal data, we inform our customers about personal data protection and processing in the course of our business activities. In the cases and under the conditions set out in Articles 15 to 22 GDPR, the buyer may request free access to their personal data, a copy, rectification or erasure, or restriction of processing, and may object to processing and profiling and exercise the right to data portability. The buyer also has the right to lodge a complaint with the supervisory authority. Under the conditions of Article 21 GDPR, the buyer has the right to object to processing of personal data concerning them where it is necessary for the legitimate interests of the Seller or a third party, including profiling, and to processing for direct marketing purposes. Personal data will also be processed for the Seller by subcontractors providing services to Buyers, on the basis of data processing agreements concluded in accordance with the GDPR. A complete list of subcontractors and personal data processors is published at www.iprobio.com and will be provided by the Seller at the Buyer’s request when the Contract is concluded. The Seller processes Buyers’ personal data manually and automatically. Buyers’ personal data are protected by technical and organisational measures in accordance with the GDPR. The Seller has a duty to notify the Buyer and the supervisory authority in the event of a personal data breach. The Buyer agrees that the Seller may process personal and operational data to the following extent and in the following manner:

1. a) For the purpose of offering goods or services, the Seller may associate additional personal data with the Buyer’s first name, surname or business name/name and residential address/registered office/place of business if the data were obtained from a publicly accessible source or in connection with the Seller’s activities.
2. d) The Seller may process data about purchases relating to the Buyer to the extent and for the period necessary to provide added-value services, such as a loyalty or customer programme. The Seller will allow the Buyer to refuse this processing free of charge in every electronic message.
3. c) The Seller may use automated systems without human intervention for direct marketing, particularly by email.

The Buyer acknowledges that withholding or withdrawing consent to personal data processing may mean that the full range of products and services cannot be offered to the Buyer; for example, the Seller may be unable to offer loyalty programmes and similar benefits. The Buyer acknowledges that their data may be processed by third parties in accordance with the GDPR. The Provider transfers Buyers’ data to processors only after a contract has been concluded for the above purposes, to the strictly necessary extent, and after the processors have demonstrated their technical ability to protect the data against loss, unauthorised access or other unauthorised handling. After the contract ends and all mutual rights and obligations have been settled, the Seller may continue to retain personal data comprising first name, surname, address, business name/name, residence/registered office/place of business and other data to which the Buyer has consented, where processing is necessary for the legitimate interests of the Seller or a third party. The Buyer may withdraw or modify consent at any time for personal data processed on the basis of their consent. The Seller will stop or modify processing for the individual purposes within a reasonable time corresponding to its technical and administrative capabilities. To improve services and record the Buyer’s expressed wishes, the Seller may record communications between the Buyer and the Seller’s customer helpline through its employees and other authorised representatives. The Buyer is entitled at any time to information on the scope and purpose of the processing of their data. The Buyer may also ask the Seller for an explanation or rectification, particularly if they believe personal data are being processed contrary to the protection of private or personal life or contrary to the law. In such cases, they also have the right to contact the Office for Personal Data Protection. The Buyer must notify the Seller of any change to their personal data.