Terms and Conditions
INTRODUCTION
ETERNA DIAGNOSTICS offers the USER the services of measuring biological age through 2 independent and complementary methods. The provision of services includes the performance of a proteomic test through the submission of a dried blood sample, in the case of ProAge, and an analysis of biometric variables extracted from a wearable device owned by the USER, in the case of ActivAge. In both cases, the Biological Age Results will be displayed through the mobile App owned by the company “Eternadx.” To access the same, it will be necessary to register with a user account belonging exclusively to the USER through the App.
This contractual document will govern the General Conditions of contracting the different products and services for measuring biological age and any other related services (hereinafter, “Conditions”) through the website eternadx.com, owned by STARTQUAKE S.L. under the commercial brand of ETERNA DIAGNOSTICS, hereinafter, PROVIDER, whose contact details are also listed in the Legal Notice of this Website.
These Conditions will remain published on the website for the USER to reproduce and save as confirmation of the contract, and may be modified at any time by STARTQUAKE S.L. It is the responsibility of the USER to read them periodically, as those applicable will be those in force at the time of placing orders. STARTQUAKE S.L. will file the electronic document where the purchase is formalized and will make it available to the USER upon request.
The contracts will not be subject to any formality except as expressly stated in the Civil and Commercial Codes and in this or other special laws.
By accepting this document, the USER:
- • Has read, understands, and agrees with what is stated here.
- • Is a person with the legal capacity to contract.
- • Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will apply to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it sends products and reserves the right to unilaterally modify the conditions, without affecting goods or promotions previously acquired before the modification.
IDENTIFICATION OF THE CONTRACTING PARTIES
On the one hand, the PROVIDER of the products contracted by the USER is STARTQUAKE S.L., with its registered office at CALLE LOS PRADOS-TECHNOLOGICAL PARK OF GIJÓN No. 166 – 33203 GIJÓN-ASTURIAS-SPAIN, CIF B16802118, and customer service email at info@eternadx.com.
On the other hand, the USER, registered through a username and password, is responsible for the truthfulness of the personal data provided to the PROVIDER.
OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of purchase and sale created between the PROVIDER and the USER at the moment the latter accepts the corresponding checkbox during the online contracting process.
In the case of ProAge, the contractual purchase and sale relationship includes the delivery, in exchange for a specific price publicly displayed on the website, of a “Sample Collection Kit.” The kit will be understood as the set of instruments for collecting biological samples that users will receive at their homes so that ETERNA DIAGNOSTICS can provide information regarding their biological age.
In the case of ActivAge, the contract involves access to the biological age measurement platform periodically, corresponding to the time interval contracted in the subscription of the service.
DATA CORRECTION
When the USER identifies errors in the data published on the website or in documents generated by the contractual relationship, they may notify info@eternadx.com so that STARTQUAKE S.L. can correct them as soon as possible.
The USER can keep their data updated by accessing their user account.
CONTRACTING PROCEDURE
To access the products or services offered by the PROVIDER, the USER must be of legal age and register through the mobile App by creating a user account. To do this, the USER must freely and voluntarily provide the personal data required, which will be treated in accordance with Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, committing to use them diligently and not to make them available to third parties. They must inform the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that immediate blocking can occur.
Once the user account has been created, the USER is informed that, in accordance with Article 27 of Law 34/2002, of the Information Society and Electronic Commerce Services (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Order shipping and delivery.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Competence.
7. General offer terms.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, expenses, and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise agreed in writing, placing an order with the PROVIDER will imply the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND ORDER DELIVERY
The PROVIDER will not ship any order until it has verified that payment has been made.
The merchandise will usually be shipped through the courier service NACEX, depending on the freely chosen destination by the USER.
The shipment will be made once the availability of the merchandise and the payment of the order have been confirmed.
The delivery time will be between 1 and 6 working days, depending on the destination population. The estimated shipping and delivery date will be provided prior to the confirmation of the order.
There are no shipping costs.
Failure to execute the distance contract
In case the contract cannot be executed because the contracted product or service is not available within the expected time, the USER will be informed of the unavailability and will be entitled to cancel the order and receive a full refund at no cost. No liability will be incurred for damages or losses attributable to the PROVIDER.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not occur due to incorrect, false, or incomplete information provided by the USER.
Delivery will be considered complete when the transporter has delivered the products to the USER or their representative, and they have signed the receipt of delivery document.
The PROVIDER will be responsible to the USER for any lack of conformity existing at the time of delivery. The USER can request a price reduction or contract termination in the case of such non-conformity, as well as compensation for damages, if applicable.
The USER has the right to withhold payment of any outstanding amount until the PROVIDER fulfills the obligations established in the contract.
The USER must verify the products upon receipt and make any claims or reservations justified in the delivery receipt document.
If the contract does not involve the physical delivery of a product, such as in the case of ActivAge, but rather the activation of a download on a website, the PROVIDER will inform the USER of the procedure to follow for downloading.
3. RIGHT OF WITHDRAWAL
The USER has a period of fourteen calendar days from the receipt of the product or the conclusion of the contract to exercise their right of withdrawal, in accordance with Article 102 of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter RDL 1/2007). If the PROVIDER fails to fulfill the duty of information and documentation on the right of withdrawal, the period will be extended by twelve months following the expiration of the initial withdrawal period, as per Article 105 of RDL 1/2007.
The right of withdrawal will not apply to contracts referenced in Article 103 of RDL 1/2007, listed here.
All returns must be communicated to the PROVIDER by requesting a return number through the provided form or via email to info@eternadx.com, indicating the invoice or order number.
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim the USER considers appropriate will be addressed as soon as possible and can be made to the following contact details:
Postal: STARTQUAKE S.L., CALLE LOS PRADOS-PARQUE TECNOLÓGICO DE GIJÓN N.º 166 – 33203 GIJÓN-ASTURIAS-ESPAÑA Teléfono: +34 650 84 55 53 E-mail: info@eternadx.com
ONLINE DISPUTE RESOLUTION
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between both parties. This neutral body will engage with both parties to reach an agreement and may finally suggest or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not be liable for any failure due to force majeure. The fulfillment of the obligation will be postponed until the cause of force majeure ceases.
6. COMPETENCE
The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.
If any provision of these conditions is considered null or impossible to comply with, the validity, legality, and enforcement of the rest of the conditions will not be affected and will not undergo any modification.
The USER declares to have read, understood, and accepted these Conditions in their entirety.
7. GENERAL OFFER TERMS
All sales and deliveries made by the PROVIDER are understood to be subject to these Conditions.
No modification, alteration, or contrary agreement to the Commercial Proposal of STARTQUAKE S.L. or to what is stipulated here will take effect unless expressly agreed in writing and signed by the PROVIDER. In that case, these particular agreements will prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional services and attachments related to the purchased product.
The applicable prices for each product will be published on the website and displayed in EURO currency. The USER assumes that the price evaluation of some of the products may vary in real time.
Before making the purchase, the USER can check online all the details of the quote: articles, quantities, price, availability, shipping costs, transportation, charges, discounts, taxes, and the total cost of the purchase. The prices may change daily until the purchase is made.
Once the order is placed, the prices will be maintained regardless of the availability of the products.
Every payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the legal entity they represent, which will be sent to the email address provided at the time of placing the order. If they wish to receive it via regular mail, they must request it through any of the means that the PROVIDER makes available, informing them that they can revoke this decision at any time.
For any information regarding the order, the USER may contact the PROVIDER via email at info@eternadx.com.
9. SHIPPING COSTS
The prices published in the store include shipping costs and do not include communication, installation, or download fees or additional services.
The shipping costs will be calculated at the time of saving the basket or quote, as they are calculated based on the weight of the products and the delivery address.
10. PAYMENT METHODS, FEES, AND DISCOUNTS
The PROVIDER is responsible for handling transactions and allows the following methods for payment of an order:
- Credit card
- Pay Pal
The USER may use a discount coupon at the time of purchase if they have received one from the PROVIDER.
Security Measures
The website uses information security techniques generally accepted in the industry, such as SSL, secure data entry on the page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of avoiding unauthorized access to data. To achieve these goals, the USER accepts that the PROVIDER obtains data to perform the corresponding authentication of access controls.
The PROVIDER commits to not allowing any transaction considered illegal by the credit card brands or the acquiring bank and that could damage the good faith of the USER or negatively affect them.
It is prohibited, under the programs of credit card brands, to sell or offer a product or service that does not comply with all applicable laws.
11. PURCHASE PROCESS
Any product from our catalog can be added to the basket. In it, you will only see the articles, the amount, the price, and the total amount. Once the basket is saved, the system will calculate the taxes, fees, and discounts based on the payment and shipping information provided.
The baskets have no administrative linkage; they are simply a section where a quote can be simulated without any commitment from either party.
From the basket, an order can be placed by following these steps for proper completion:
1. Verification of billing information.
2. Verification of shipping address.
3. Selection of payment method.
4. Place the order (purchase).
Once the order is processed, the system will immediately send an email to the PROVIDER’s management department and another to the USER’s email confirming the order.
Orders (purchase requests)
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are considered illegal, null, or unenforceable for any reason, that condition will be considered separable and will not affect the validity and applicability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations set out in this contract or any legal provision, license, regulation, directive, code of practice, or policies that are applicable.
When the PROVIDER exercises any of its rights or powers under this clause, such exercise will not harm or affect the exercise of any other right, power, or remedy available to the PROVIDER.
13. WARRANTIES AND RETURNS
Warranties will be governed by the provisions of the Title relating to “Warranties and After-Sales Services” of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed and interpreted in accordance with Spanish legislation on matters not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions will be submitted to the courts and tribunals of Gijón, the place of fulfillment of the obligation or that of the USER’s residence if the latter is a consumer.