Terms of trade and subscription

Version 1.7
Effective Date: 12th of January 2022

 

General information
Unseen Biometrics ApS
CVR-nr.: 40046585
Fruebjergvej 3, 2100 Copenhagen East
support@unseenbio.com
+45 26 13 14 26

 

01 - Definitions

01 - Genetic Information means information about the structure of proteins, encoded as a base sequence of nucleotides according to the genetic code. We use this to refer both to your personal genetic information and the collected genetic information of your gut microbiota i.e. all living organisms (for example, bacteria, viruses, bacteriophages, fungi, parasites, etc.) that inhabit your gut and that are represented in your Sample.
 

02 - Eligibility

01 - You may not use the Services and may not accept the terms and conditions, either on behalf of yourself or those for whom you have the legal authority to accept, if:

  1. you may not enter into a legally eligible contract with Unseen Bio (whether due to age, capacity or otherwise);
  2. you are not eighteen (18) years of age or other age of majority in your country of residence;

 

03 - Payment

01 - We receive payment with Visa, MasterCard, Paypal and Mobilepay. Payment fees are not charged on private credit card payments. Amount is deducted when the order is shipped. If you have ordered multiple items and one of the items is in backorder, we will deduct payment for this item when the item is shipped.

02 - If you pay via PayPal, you are not protected by the objection scheme. Read more about the terms and conditions on PayPal's website.

03 - You can revoke your permission for us to deduct an amount from your card at any time. You can also object to "unauthorized charges" to your card provider, however, no later than 8 weeks after the charge, unless otherwise stated in your agreement with the card provider.

 

 
04 – Subscription

01 - You can terminate your agreement by contacting info@unseenbio.com. Any questions you might have in relation to your subscription with Unseen Bio should be directed to the same e-mail address.

  • The subscription PRO MEMBERSHIP at a reduced price is billed on a monthly basis and you will receive one test-kit each month. The binding period is 5 months with 1 month notice
  • The subscription ENHANCED MEMBERSHIP at a reduced price is billed on a monthly basis and you will receive a test-kit every three months. The binding period is 5 months with 1 month notice
  • The subscription ESSENTIAL MEMBERSHIP at a reduced price is billed on a monthly basis and you will receive a test-kit every six months. The binding period is 5 months with 1 month notice

02 - We reserve the right to annually adjust the price of the subscription in accordance with the consumer price index, without prior notice. Any other changes in the  subscription pricing will be communicated as a minimum two months in advance. In this case you can cancel your  subscription with one month notice.

03 - Please notice that you still have access to your results after a termination of the subscription.

04 - You will have access to a subscription management system when you buy a subscription from us. This system is only used to manage your subscription and not your results. Please be aware that the subscription management tool only is available in English. 

 

05 - Delivery

01 - Free delivery. We offer free delivery.

02 - Delivery. We deliver with Postnord for parcel shops and with DAO for home delivery.

03 - Delivery costs. The costs of delivering the testing kit to you, and those of you sending your samples to us for analysis, are included.

04 - If you are not at home when the testing kit is delivered. If no one is available at your address to take delivery and the testing kit cannot be posted through your letterbox, you will receive a notification informing you of how to re-arrange delivery or collect the testing kit from a local depot.

05 - Re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect your order from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

06 - When you become responsible for the testing kit. Where we supply the testing kit, it will be your responsibility from the time we deliver it to the address you gave us until we receive it back from you. This is also the moment, when our contract for delivery ends.

07 - Expected time of delivery. Unless otherwise indicated, we deliver in Denmark within at least 1-3 working days of your purchase, but possibly up to a week after your purchase. Unless otherwise indicated, in EU countries that are not Denmark, we deliver within 5-8 working days, but possibly up to two weeks after your purchase.

08 - We only sell in certain contries. Our website and apps are solely for the use and sale of our servicesThese terms and conditions apply to Users resident in the European Union (Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovenia, Spain and Sweden) including Monaco, Norway, Switzerland, and the United Kingdom. Unfortunately, we do not accept orders from or deliver to addresses outside these countries.

09 - Your order number. Where we supply the test-kit(s), we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number when you contact us about your order.

 

06 - Right of withdrawal

01 - As a consumer, you have a 14-day right of withdrawal when you shop with us.

02 - The cancellation period expires 14 days after the day you received your item for test-kits or 14 days after the day we made the agreement for subscriptions. If you have ordered several different items in one order, but they are delivered individually, the deadline runs from the day you receive the last item.

03 - The deadline means that you have 14 days from receipt to let us know that you will regret your purchase. You can send an email to  support@unseenbio.com or use the standard cancellation form attached with your order confirmation. You cannot cancel the purchase by refusing to receive the item without notifying us at the same time

  

07 - Return of goods

01 - Once you have notified us that you want cancel your purchase, you have 14 days to send the item back to us.

02 - You must pay for the package to be returned, and you are responsible if damage occurs during transport.

 

08 - No right of withdrawal

01 - These agreements cannot be undone:

  • Delivery of sealed goods which, for health protection or hygiene reasons, are not suitable for return and where the seal has been broken after delivery.
 

    09 - The condition of the item when you send it back

    We recommend that you return the product in the original packaging. If the original packaging is missing the value of the product might decrease. If the product value has decreased and it is because you have used it in a different way than necessary to determine the item's nature, properties and the way it works, you can only get part of the purchase amount back and in some cases you can only get the shipping cost back.

     

    10 - Refund of the purchase amount

    If you regret your purchase, you will get your money back. If the item is impaired, we will deduct the amount you are liable for as described above.

    We will refund all payments received from you, including delivery costs (however, this does not apply to extra delivery costs in cases where you have chosen a different form of delivery than the cheapest form of standard delivery that we offer), no later than 14 days from the day we have received your message that you want to cancel the agreement.

    We will refund the money with the same means of payment that you used at the time of purchase, unless we have agreed otherwise.

    We can withhold payment until we have received the item, unless you send us proof of having returned it.


    The item must be returned to:
    Unseen Bio
    Fruebjergvej 3
    2100 København Ø

     

    You can also cancel the purchase by notifying us and handing it in person at the above address - only by prior arrangement.

     

    11 - Right of complaint

    When you shop with us as a consumer, the rules of the Purchase Act apply to the purchase of goods, but not services. This means that you do not have a 2-year warranty on services.

    If you are not satisfied with the service you can contact us by email support@unseenbio.com. Ensure to contact us before you send the item.

    On purchases of goods, you in return have a right to make a complaint for 24 months. This means that you have the right to complain for 24 months.

    If your complaint is justified, it means that you can either have the item repaired, exchanged, the money back or a reduction in the price, depending on the specific situation.

    You must complain within a "reasonable time" after you have discovered the error. If you complain within two months after the error is discovered, the complaint will always be timely.

    If the complaint is justified, we will refund your (reasonable) shipping costs. The item must always be sent back in proper packaging. Also remember to get a receipt for shipping so we can reimburse your shipping costs.

     

    The item must be returned to:
    Unseen Bio
    Fruebjergvej 3
    2100 København Ø

    We only accept packages that are sent directly to the address.
    When you return the item, please enclose a detailed description of the problem.

     

    12 - Right of appeal

    If you as a consumer want to complain about your purchase, please contact support@unseenbio.com. If we do not succeed in finding a solution, you can send a complaint to:

    Center for Klageløsning
    Nævnenes Hus
    Toldboden 2
    8800 Viborg
    www.naevneneshus.dk

    If you reside in an EU country other than Denmark, you can complain to the EU Commission's online complaint portal here [http://ec.europa.eu/odr]

     

    13 -  Privacy Policy

    These Terms include the Unseen Bio Privacy Policy (“Privacy Policy”), which is incorporated into these Terms by reference and can be found at https://unseenbio.com/privacy.

    Your order is registered with Unseen Bio and stored for five years, after which the information is deleted.

    We only work with data processors in the EU or in countries that can provide your information with adequate protection.

    The data responsible for UnseenBio. sites are Unseen Bio.

    You are required to review, understand, and agree to Unseen Bio Privacy Policy that describes in detail on how Unseen Bio collects, uses, stores, maintains, processes, discloses, and protects your information when using our Service.

    If you have any questions about the privacy statement or there is anything that you do not understand, please contact us at support@unseenbio.com  with ‘Privacy’ as the subject line.

    You acknowledge and consent that your personal data and biomaterial will be processed inside of the European Union. Unseen Bio’s Privacy Policy is compliant with GDPR.

    Our Privacy Policy sets out:

    1. The types of Personal Data and samples we collect from you;
    2. What we do with your Personal Data and samples (consumer confidentiality);
    3. Where we store your Personal Data and samples (sample location) and for how long (duration of storage); we will store your samples for 3 months; we may extend this period if appropriate in accordance with our legitimate interests. You have the right at any time to withdraw your samples.
    4. The measures we take to protect the security and confidentiality of your Personal Data, our policy on data protection, security, access, location and samples;
    5. How you may access the data we hold about you and the samples stored (access by law); and
    6. How to notify us if you no longer want us to store your Personal Data and samples.

     


    14 - Accreditations

    01 - Your sample will be tested within test laboratories that are accredited to International Standards (CAP, CLIA, and DIN EN ISO 15189:2014) by the German notified body, DakkS. A Notified Body is a body appointed by a national or international government or other authority to assess conformity with regulatory or other standards.

     

     

    15 - Testing and Analysis

    01 - Depending upon what Samples you provide and the Service you subscribe to, using your Samples, Unseen Bio may do any of the following types of tests and analysis, at our certified laboratory or using a third-party service, if needed, as part of the Service:

    1. Gut microbiome analysis to identify and quantify all living organisms (for example, bacteria, viruses, bacteriophages, fungi, parasites, etc.) in your Sample
    2. Gut gene expression analysis to quantify the biological activities of the living organisms in your Sample
    3. Gut metabolite analysis to analyze metabolites in your Sample
    4. Construction of a digital model representing your gut microbiome at the time of sampling.

     
    02 - Unseen Bio does not perform the following types of tests and analysis as part of its Services

    1. Testing and analysis for detecting infectious and communicable diseases
    2. Testing and analysis to detect inherited diseases and conditions

     

    03 - Unseen Bio will provide you with Test Results, and personalized recommendations on diet, lifestyle and healthcare derived from the application of Unseen Bio's proprietary technology and methodologies in the analysis of your Sample Data, Test Data, and other information such as Self-Reported Information you provided. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all.

    04 - Biological Samples are processed by Unseen Bio in an irreversible manner and they cannot be returned to you once submitted for testing and analyzed by Unseen Bio. Data from your Samples will be saved on Unseen Bio secure servers with industry standard privacy and security safeguards. Unseen Bio plans to retain your Samples for at least three (3) months, and data for at least eleven (11) years, but may, in its sole discretion, retain such Samples and data for a longer period of time. Unseen Bio may also use Test Results for improving its data analysis methods and an artificial intelligence engine.

    05 - Situations may arise in which the laboratory is not able to process your sample, or the analysis of said sample may result in errors. It may not be possible to analyse your microbiome's genetic information due to insufficient volume of stool, or in the event that the processing of your genetic material fails to pass our quality control. Should your sample fail the initial processing for any of these reasons, Unseen Bio will process your sample a second time for no additional fee. In the case that the second processing of your genetic material fails, you will receive another kit for sample collection from Unseen Bio at no additional fee. If the processing fails again upon reception of the second sample, you (or the person who is the recipient of the kit) will not receive another sample collection kit from Unseen Bio. A full refund of the total amount paid to Unseen Bio will be offered upon request from you (or the person who is the recipient of the kit)

    06 - In the event that a refund has already been provided for the purchase of a kit, you are not permitted to submit a sample in the future. No refund will be provided to users that breach these terms and conditions by submitting a future sample for processing if the processing of this future sample is unsuccessful.

    07 - Due to the nature of genetic sequencing technology used, it is not possible to interpret the microbiome's genetic information provided without errors, although these will comprise a small percentage of the results. As such errors cannot be predicted in advance, Unseen Bio does not offer a refund or other compensation with respect to them.

    08 - The above clauses delineate the conditions of Unseen Bio’s sole responsibility for situations when the processing of your Genetic Information is not possible.

    09 - Research into the influence of the microbiome on health and disease risk is ongoing. Unseen Bio’s technology is designed to analyse hundreds of thousands of data points in your microbiome's genetic information. However, only a small fraction of these are known to influence health conditions and physical traits. Research into the microbial and genetic basis of health is progressing rapidly and Unseen Bio is dedicated to supporting the investigation into these interactions.

    10 - Only a portion of ethnic groups, ethnic diets and specific dietary trends around the world have been sufficiently studied from a microbial and genetic perspective. For this reason, Unseen Bio can only provide information arising from published studies on the topic. Therefore, it is possible that some interpretations may not be applicable to a user who is genetically descended from genetic ethnic groups, or is consuming an ethnic or specific diet that has not been sufficiently studied as of the present time.

    11 - Advances in scientific research may influence the interpretation of your microbiome's genetic information, including the possibility that previous published studies upon which the interpretation is based are discovered to be incomplete or inaccurate.

    12 - Your microbiome's genetic information is a matter of personal privacy. Should you choose to share it with others, it may have consequences that go against your interests. For this reason, it is important to think before sharing your microbiome's genetic information. Even though it is not common for businesses or insurance companies to ask for your genetic data, this may happen in the future.

    13 - Before sharing your microbiome's genetic information, consult a legal specialist regarding the legal protection of this information in your country.

    14 - Your microbiome's genetic information shared with a GP may be included in your medical record, which may indirectly make it available to other healthcare providers or insurance companies in the future.

    15 - Should you choose to make your microbiome's genetic information available to relatives, friends or employers, you accept sole responsibility in the case that this information is used against your interests. Genetic Information will likely gain greater value as technology and the body of research on genetics grow.

    16 - The Services provided by Unseen Bio are destined for informational, research and educational purposes only. The results of any Unseen Bio Test do not constitute a diagnosis, nor medical advice. Please consult your general practicioner or a professional diet counsellor with any questions you may have about the outcomes and recommendations of our Services. 

    17 - Unseen Bio is not responsible for action, resources, diagnosis, treatment, mitigation or other avenues associated with your microbiome's genetic information. You are solely responsible for situations arising from the consultation of or use of diet plans, pre- and pro-biotics, supplements, drugs, biologics, medical devices, procedures, medical opinions and other information following the reception of your microbiome's genetic information through the use of Unseen Bio Tests, online platform and other Services.

    18 - Should the use of Unseen Bio Services, including tests, Self-Reported Information and referring scientific literature, indicate areas of concern for your health; it is for informational purposes only. Consult a general practicioner or a professional diet counselor regarding your concerns.

    You have the right to be informed of what information we process about you.

    If you believe that the information is inaccurate, you have the right to have it corrected. In some cases, we have a duty to delete your personal data if you request it. It can e.g. be if your data is no longer necessary for the purpose for which we were to use it. You can also contact us if you believe that your personal data is being processed in violation of the law. You can write to us at: support@unseenbio.com.

     

    Standard cancellation form
    (This form is completed and returned only if the right of withdrawal is exercised)
     
    To:
    Unseen Biometrics ApS.
    Fruebjergvej 3
    2100 København Ø
    E-mail: support@unseenbio.com
     
    I hereby announce that I wish to exercise the right of withdrawal in connection with my purchase agreement for the following goods / services:
    ______________________________________________________________________ 

    Ordered the: _____________________    Received the: _____________________ 

    Consumer name: ______________________________________________________

    Consumer adress:  ____________________________________________________

    Consumer signature: ___________________________      Date: ______________
    (only if the contents of the form are announced on paper)
     
    Messages

    Notices under these terms and conditions can be sent to our email at support@unseenbio.com.
     
     
    The terms of service have been updated the 12th of January, 2022