Conditions of Sale and Services
Last updated: October 2020
1) About Biostarks Europe and these Conditions of Sale and Services
Biostarks Europe SARL has its registered offices at Campus Biotech, Chemin des Mines 9, 1202 Geneva (GE), Switzerland. In these Conditions of Sale and Services, we use “Biostarks Europe” and "we", "us" and "our" to refer to this company, its parent company, its affiliated companies.
These terms and conditions apply to any sales of products or services (“Conditions of Sale and Services”) that you may order from Biostarks Europe, including on our websites and associated mobile or digital applications, such as biostarks.com and mybiopassport.com (together the “Platforms”).
These Conditions of Sale and Services also review the benefits, risks and limitations of you, as the person who has created a user account or placed an order with Biostarks Europe (referred to as the “User”, “you” or “your”), using the products and laboratory services provided by Biostarks Europe (the “Products and Services”). It also explains how your information and sample(s) will be used for and after performance of the Products and Services.
To protect your privacy, we assign each user who has ordered products or testing services from us an anonymous alphanumeric code (“Client ID”) to which the order is linked via another anonymous alphanumeric code (“Order ID”). Only Biostarks Europe and its subcontractors are able to make the link between the Client ID and the Order ID.
3) Voluntary Participation
Our Products and Services are offered and available to users who are residents in EU and the rest of the world, except the USA and Canada. Your use of the Products and Services is voluntary. It is your choice whether to utilize our Products and Services or not.
By placing an order with Biostarks Europe, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
From time to time, we may offer the possibility to pre-order products that are not yet ready to the shipped. Pre-orders are subject to availability and will only be confirmed after receipt of payment. In such case, the estimated delivery lead time will start from the date of our written Confirmation of Order by us. Should the delivery of products be delayed in accordance with Section 12 below you may contact us to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received.
5) Account registration
To place an order, you need to register and create an online account.
6) Order Process
The process for ordering Products and Services on the Platforms will include the following (“Order Process”):
- Account Registration
- Add to Shopping Bag
- Delivery, Review and Payment
- Placing of Order
We reserve the right to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale and Services.
7) Prices, Taxes and shipping costs
All prices shown on the product pages of the Platforms are in Swiss Francs (CHF) and include the applicable VAT but exclude other taxes unless otherwise stated.
Shipping costs, if any, are described in the Shipping Policy below or on the Platforms. Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options. These costs will be summarised before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.
We reserve the right to modify prices and delivery costs at any time without prior notice.
We take reasonable care that the prices of our products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you. However, it is always possible that, despite our reasonable efforts, some of the Products and Services offered through our Platforms or delivery costs may be incorrectly priced. If any of the Products and Services you place an order for or any delivery costs are incorrectly priced, we will inform you as soon as possible of this error. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the Product and Service and refund you any sums you have paid.
We accept the methods of payment identified as part of the order process via the Platforms. Depending upon the means of payment, we may require additional information, including specific forms of identification.
When ordering on the Platforms, you will need to enter your payment details on the appropriate form. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment authorization and to authorize individual purchase transactions.
9) Acknowledgment of order
Once you have made your choice and your order has been placed through the Platforms, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact us promptly.
10) Shipping Policy
We only accept orders for delivery to the country or countries that are identified during the Order Process.
11) Confirmation of order and shipment
Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise).
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order.
If delivery of products is delayed by an unexpected event, we will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order or any other date indicated by us, whichever is longer, you may contact us to cancel the relevant order and get a refund of any sums you pre-paid us for any Product which you have not received.
In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any Product which you have not received.
When estimating your delivery time, please allow time for payment approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
13) Procedures and Protocol for Biostarks Tests
When your account is created, we use some of the information provided by you or on your behalf. We cannot perform the Services without collecting this information, but we will only collect information that will assist us in providing the services that you have requested. in order for the services to be provided as intended, you or the party acting on your behalf must provide accurate and correct information (such as birthdate, gender). failure to provide required information or to execute required documents may result in your sample(s) not being tested. You certify the authenticity of your administrative data and of your sample.
You will collect the biological sample(s) (3-4 drops capillary blood through finger-prick) that will be provided to and tested by our own testing laboratory. You will send the sample(s) directly to the lab where your sample(s) will be tested for a number of micronutrients/biomarkers. Please follow carefully the instructions communicated with our Products, otherwise we may not be able to perform the tests correctly.
The results of your test(s) will be made available to you through our site and will also be mailed to you and your healthcare provider, if you formally authorize us. In the event we determine that a biological sample is not suitable for testing due to the content of the sample or because we believe the sample to have been submitted in violation of this consent or the user agreement, we reserve the right to withhold the results. We will determine and establish normal ranges for all tests in conjunction with our laboratory based on their validation and proficiency testing procedures. If your results are clinically significant or have a critical value that falls outside of our established normal ranges by at least a certain amount, a Health Consultant will make reasonable efforts to contact you by telephone.
By utilizing our Products and Services to discover your micronutrients/biomarkers you can help you gain a better perspective on your health and how your body functions. You may use this information to make more informed health care decisions and choices. A summary of the potential benefits of our tests is included below.
Potential Benefits Include:
CovID & Immunity
Your body’s serological status, ability to resist viral attack, and boost its natural defences
Actionable diet recommendations based on deficiencies identified among the 4 classes of nutrients (AA, FA, Vit, Minerals)
Actionable recommendations based on measurement in your blood of recovery, endurance and strength biomarkers
More information about the specific benefits of our tests and Products and Services are available on our Site.
In order to utilize our Products and Services, you must collect the appropriate quantity of biological sample(s) for the test(s). Our tests require the collection of a blood sample with at least 3-4 drops of blood. Although the risks and discomforts associated with a blood draw are very low, you might be at risk for excessive bleeding, fainting, feeling light-headed, bruising, hematoma (blood accumulating under the skin), or infection (a slight risk any time the skin is broken). If you have a history of excessive bleeding, fainting while having blood work done, hemophilia or anticoagulant treatment, we advise avoiding our tests that require self blood collection.
Biostarks Europe, or a licensed physician affiliated with a company that we have partnered with to review certain lab results and provide some advice counselling where applicable (“Health Consultant”), may contact you and advise you to have a follow-up visit with your regular doctor after reviewing the results of your test. As a result, you may learn about health conditions and problems or potential health risks that you were not aware of before you utilized our Products and Services.
WE DO NOT PROVIDE MEDICAL DIAGNOSTIC OR ADVICE. The information and content provided, including but not limited to text, graphics, images, videos, and other material contained in the Products and Services, are for informational purposes only and are not intended as a substitute for professional medical advice, help, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via our Site. Nothing contained in the Products and Services is intended to constitute a medical diagnosis or treatment. Reliance on any information appearing in the Products and Services, including but not limited to information provided by Biostarks Europe or by other users of the Products and Services, is solely at your own risk. By clicking your acceptance, you understand and agree that your results are not intended to be used for any diagnostic purposes and are not a substitute for professional medical advice. You understand that our Products and Services are for information and educational use only; Biostarks Europe does not provide medical services, diagnosis, treatment, or advice.
Biostarks Europe does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, content, services or other information provided through the Products and Services or on the Internet generally. Biostarks Europe and its affiliates, licensors, and suppliers have no control over and accept no responsibility for your compliance with the laws applicable to your country of residence.
Biostarks Europe implements several safeguards to avoid technical errors, but as with all tests, there is a chance of a false positive or a false negative result. A false positive result means a biomarker was detected, which is not in fact present. A false negative result means the test failed to identify a biomarker that is in fact present. Other sources of error include sample mix-up, poor sample quality or contamination, and technical errors in the laboratory. Some biological factors, such as a history of bone marrow transplants, recent blood transfusions, some illness or medication intake may limit the accuracy of the results or prevent the Products and Services from being completed.
Science and our knowledge of micronutrients/biomarkers meanings are constantly changing. New information may replace or add to the information that we used to interpret your results. We are not obligated to notify you if there is a new understanding of biomarkers that might result in a change to the interpretation of your results. We reserve the right to contact you, at our option, in the future.
18) Legal Agreement
19) Limitation of liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the Products, Services and Platforms, whether express or implied by law or otherwise arising from usage or trade practice.
Nothing in these Conditions of Sale and Services limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale and Services, whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of your order.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
20) General provisions
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Biostarks Europe’s products and services and in certain cases to present products for sale via a variety of means. Biostarks Europe makes no representation that Biostarks Europe Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Biostarks Europe Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Conditions of Sale and Services is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale and Services, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale and Services shall not be affected, unless otherwise required by operation of applicable law.
These Conditions of Sale and Services constitute the entire agreement between the User and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by Biostarks Europe of a breach of any provision of these Conditions of Sale and Services will not operate to be interpreted as a waiver of any other or subsequent breach.
Our products and services are not offered or available to Users under the age of majority, which in most countries is 18 years of age or older.
If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale and Services.
22) Updates to these Conditions of Sale and Services
We may make changes from time to time to these Conditions of Sale and Services so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale and Services will always be available on the Platform. Any new version of these Conditions of Sale and Services shall take effect and will govern the use of the Platform and your relationship with us immediately from the date of posting. By continuing to use any of the Platforms, you agree to be bound by the terms of these updates and amendments.
23) Applicable law and jurisdiction
These Conditions of Sale and Services shall be governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale and Services, including the validity, invalidity, breach or termination of the Conditions of Sale and Services, shall be adjudicated or arbitrated in accordance with the Conditions of Sale and Services.
You may bring proceedings against us either in the courts of Geneva, Switzerland, or in the country where you are domiciled. We may also bring proceedings against you in the courts of the country where you are domiciled.
Without any restriction to bring proceedings before a court, you and Biostarks Europe will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale and Services or any breach thereof.
If you are a consumer resident in the European Union, you have the right to submit your complaint to an Alternative Dispute Resolution entity. To find a list of ADR entities in your country, you may refer to the European Commission Online Dispute Resolution platform.
24) Contact us
If you have any questions or comments about these Conditions of Sale and Services, or matters generally, please contact us at the following address: Biostarks Europe SARL, Chemin des Mines 9, Campus Biotech, 1200 Geneva, Switzerland. Email address: firstname.lastname@example.org