1. How these conditions are applied
FERTILITY AT HOME allows customers to access secure laboratory tests from the privacy of their home. When you purchase the Products and Services on the Website, all sections of these Conditions apply.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS AND/OR SERVICES, YOU ACCEPT THESE CONDITIONS. YOU ACCEPT AND CONFIRM THAT YOU HAVE THE RIGHT, AUTHORITY, AND ABILITY TO ACCEPT THESE CONDITIONS. YOU ACCEPT THAT YOU HAVE A SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO BUY AND USE THE PRODUCTS AND SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THESE CONDITIONS, YOU MUST NOT PURCHASE THE PRODUCTS OR SERVICES.
The Products and Services are provided by FERTILITY AT HOME with registered office at AVDA. SEVERO OCHOA N.º 67, CP. 29603 – MARBELLA (MALAGA) – SPAIN. FERTILITY AT HOME is a commercial name, whose responsible entity is FIV MARBELLA S.L., with office at AVDA. SEVERO OCHOA N.º 67, CP. 29603 – MARBELLA (MALAGA) – SPAIN with CIF B93170363 registration number in the Mercantile Registry Volume 319, Book 4968, Sheet 206, Section 1/2012/1099, 0, Entry 750, and is the owner of this website.
2. Online ordering, payment, delivery and cancellation procedures
2.2 When you purchase the Products and Services and access the Website, you undertake that (i) you are over 18 years of age; (ii) you are a resident in countries where we will send you the test kits and from which we will accept Samples (as identified on the Website) and you are accessing the Website from an IP address in one of those countries; (iii) you are using the Website on your own behalf and not on behalf of another person; (iv) you will not allow any other person to use the Website, the Products and the Services on your behalf and, when using the Products, the Services or the Website, you will not pretend to be someone else or attempt to disguise your identity; and (v) you are only using the Website, the Products and the Services for your own benefit and not to provide Services to others.
2.3 The Ordering procedure requires, among other things, that you specify the requested delivery address, that you purchase the type of Product applicable to the Sample you wish to provide, and also that you confirm that the Test Information will be made available to you in the appropriate section of your Account on the Website.
Orders and availability
2.4 All products and services displayed on our Website are subject to availability. We will inform you by email as soon as possible should the Product and Services that are part of a Confirmed Order are not available, in which case, we will not process your Order.
2.5 After placing an Order for the Product and Services through our Website, you will receive an email from us acknowledging that we have received your Order. All orders are subject to our acceptance and we are not obliged to accept an order, whether confirmed or not. Orders are only binding on us when we send you an invoice after the Order and when we collect the purchase price and all related charges from your credit card or any other payment method accepted by us (“Order Confirmation”).
You must immediately verify the invoice and notify us of any errors by email at firstname.lastname@example.org; otherwise, the details indicated on the invoice will apply to your Order.
2.6 If we accept your Order, we reserve the right to notify you at any time before delivery of the unavailability of the Product. You can then cancel the Order and we will refund all monies paid in full.
2.7 The price is a single payment for the Products and Services. When you order a Product and Services online, the price includes the delivery of the Product and the provision of services (provided that you send the Sample in accordance with these Conditions).
2.8 You agree to pay the price, which includes a 21% VAT, shipping charges and any other charges in relation to a Confirmed Order in advance, and you agree to make the payment in advance, by clicking on the payment button on the Website and following the required procedure.
2.9 By providing a credit card or other payment method accepted by us, you agree and confirm that you are authorised to use the designated payment method and that you authorise us (or our external payment processor) to collect the Total Amount for your order from your payment method. If the payment method you provide cannot be verified, is invalid, or is not acceptable, your order may be paused or cancelled. You must resolve any issues we encounter so we can proceed with your Order.
2.10 The product is normally shipped within seven days after order confirmation to the address you have provided to us before order confirmation. If you change the delivery address after we have sent you the Order Confirmation, the Product will be delivered to the original address you provided to us. We will only coordinate the delivery of a Product to a different address if we accept this as part of the Order Confirmation.
2.11 The delivery dates advised by us in an Order Confirmation are approximate and we will not be responsible for any claim of loss or damages due to our non-compliance with the scheduled delivery dates or for lack of notification of delay. The delivery time frame will not be mandatory unless we have previously agreed in writing. We may ship a Product to the delivery address agreed before any scheduled delivery date.
2.12 The risk of a Product is transferred to you after the delivery of the Product to the agreed delivery address.
2.13 The ownership of a Product will only be transferred to you once full payment of all charges specified in the Confirmed Order is made to us.
2.14 If you receive the wrong Products, Damaged/Defective Products or certain items are absent from the Product kit, please email us within seven days of receipt of the Product at email@example.com and provide the following information: Alpha code, Numeric Code, and Order ID (or Product Description) of missing or defective items. Upon receiving such notification, we will arrange to ship a replacement product as soon as possible.
Right of Cancellation
2.15 You have the right to cancel the contract for the purchase of a Product within 7 days without providing any reason or if the Product has not been shipped. The cancellation period expires 7 days after the day you receive ownership of the Products.
2.16 In order to exercise the right of cancellation, you must inform us of your decision to cancel by an unequivocal statement (for example, a letter sent by post, fax or email to firstname.lastname@example.org). You must then return the Product to us immediately (within 7 days after notification of your decision to cancel), at your own expense.
2.17 If you cancel your purchase within 7 days of receiving the Product, we will refund all payments received from you, without undue delay and in any event no later than 7 days from the date we receive the returned Product, or the date you provide us with evidence of having shipped the Product to us, whichever is earlier. We will refund you via the same method of payment used by you for the initial payment, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such refund. You will bear the direct cost of returning the Product.
2.18 The right to cancel an Order does not apply if the Product has been opened and the kit seal has been broken, which would render the Product not suitable for return for health protection reasons.
3. Using the services
3.2 By proceeding with any test, you formally provide your informed consent to undergo the test. You agree that, before proceeding with any test, you will read all the relevant information provided in these Conditions and on the Website, including all information on the packaging. If you are unsure or need more information, you agree to contact us or a registered healthcare professional to obtain more information.
3.4 You accept that the test information does not constitute a definitive diagnosis. In a small number of cases, there may be incidents of false positive results and false negative results. A person with a non-reactive or undetected negative result could have an infectious disease, or a person with a reactive or detected positive result could be free of an infectious disease. All positive, reactive or detected results must be verified by a medical professional through a confirmation test.
3.7 Any breach of your obligations as described in this clause, in particular with regard to re-testing where appropriate, is your sole responsibility.
3.8 By using our Products and/or Services, you guarantee and confirm that:
3.8.1 you are legally capable of entering into binding contracts; and
3.8.2 you are at least 18 years of age.
3.9 You agree:
3.9.1 To note that LOW, NORMAL OR HIGH READINGS do not constitute definitive diagnoses and further testing will be required by a medical professional in order to constitute definitive diagnoses for fertility tests, lifestyle tests, cancer tests and sexual health tests.
3.9.2 To note the incubation periods, whose information is included here and on the Website. An incubation period is the period of time from exposure to the time an infection becomes detectable in a person’s body. Different viruses and infections have different incubation periods and can take several months or more to be detectable. For example, the HIV virus can take between 28 and 90 days to be detectable, while other viruses such as hepatitis B and hepatitis C can take between 180 days to be detectable. Incubation periods may vary for everyone and re-testing is recommended: 1) if you performed the test before the relevant incubation period has passed comfortably (from the time of potential exposure); 2) if you suspect infection has developed subsequently; or 3) if you have been potentially exposed to any relevant infection in the meantime.
3.9.3 To fully comply with all instructions included along with the Product and return the Sample in the Product within the term established in clause 4.1;
3.9.4 To provide us with all information or evidence of identity that applicable legislation may request from time to time;
3.9.5 To disclose to us, with complete honesty and to the best of your knowledge, any information that may affect or impact the test result.
3.9.6 To use the Website, the Products and the Services only for legal purposes and in accordance with these Conditions. You also agree, when filing a complaint or inquiring about these Conditions, not to be behave abusively towards our staff, or us or the staff of our Accredited Laboratory nor induce fear or harass any member of our staff; and
3.9.7 Not to use the Products and/or Services for resale or in any way that violates any applicable local, national or international legislation or regulation.
3.9.8 You accept and agree that, in the submission of an order through this Website including the purchase of one or more Products through this Website, you selected the Products and did not received any advice from us.
4. Sending the sample
4.1 When sending a sample, you must fill the collection device on the indicated line. If you do not provide an adequate sample, you will not receive a result. You will find within the Product a simple step-by-step process to ensure that you take the Sample correctly and place it in the Product. Then, you will place the Product with the Sample in it, in a prepaid envelope and send it immediately to the Accredited Laboratory. For optimal privacy in case of possible loss, envelopes should not disclose sender information.
4.2 For sample taking that cannot be performed personally, a healthcare professional will visit the address provided in order to collect the corresponding sample and send it to the accredited laboratory.
4.3 With the purchase of the sample, a telehealth consultation may be carried out with a specialist who will explain the results so that there is no doubt regarding the test results.
5. Setting up your account
5.1 You must have an account on the Website in order to receive test results. You must also register the individual Product kit in your account using the Product’s Alpha Code and Numeric Code before returning your sample to the laboratory to obtain the test results (according to clause 4.2 above).
5.2 You agree that you will only create one Account with us through the Website and will not duplicate a User Account. When you create an Account with us, you agree to provide genuine contact details, which could be used if you request assistance from our Medical Advisor within the scope of the Services.
5.3 To open an account, go to Account in the registration section on the main page of the Website (top right) and provide the requested details. It is important that the details you provide are correct, accurate and complete, and that you immediately inform us of any changes to such details.
5.4 To register an individual product kit, go to the “Activate kit” section of the Website, log in to your account or create a new one, and provide the alpha code and the numeric code as requested.
5.5 When you register with us, you agree that the details you provide to us are true, accurate and complete, and that you will immediately inform us of any changes to such details. To learn about how we process your personal data, click on our Privacy Statement and Cookies Policy at the bottom of the main page of the Website
5.6 Information you must provide to register with us includes a password. This is generated by you. You are responsible for ensuring that any Password (or any Alternative Password) you use to register or to access your Account after registration is kept confidential, only used by you, and will not be used by/disclosed to others.
5.7 You are also responsible for: (i) all transactions or activities carried out with your Account and Password; and, (ii) when you access the Account, ensuring that the system you use to access the Account is secure, and it is not left unattended unless you have completely exited the Account, and that no other person is able to retrieve your system Password.
5.8 You are responsible for notifying us if you know or suspect that your account or password may be known by a third party. If you do not notify us of this situation, you will be fully responsible until you notify us. We will have no liability to you or a third party if any email that we send you or any information that we notify you through your Account is viewed or received or accessible by a third party, including any emotional distress caused to you or a third party due to a third party being aware of the fact that we send you communications or test results.
6. Test Information
6.1 An email will be sent to you notifying you when the Test Information has been made available to your Account. The test information will be provided in a simple language to facilitate the understanding of the contents. If your test information is negative or not reactive, see section 3.9.2.
6.2 If you have concerns regarding your test information, you should consult your own medical professional or contact a member of our team who can direct you to other sources of support within the scope of the Services. If you purchase products and services and receive test information during an incubation period relevant to you, regardless of the test information, you must repeat the test through us or through your general medical professional.
7. Disclaimers and exclusion of liability
7.1 As a consumer, you have certain legal rights. Disclaimers, exclusions and limitations of liability under these Conditions will not apply to the extent prohibited by applicable law. Nothing in these Conditions will attempt to exclude or limit liability that cannot be excluded under applicable law.
7.2 The Products and Services are provided “as is”, without guarantees of any kind, either expressed or implied, including, but not limited to, guarantees of satisfactory quality, merchantability and fitness for a particular purpose.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE DISCLAIMER OF GUARANTEE, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF DATA, LOSS, LOSS OF PROFIT, LOSS OF EMOTIONAL WELL-BEING CAUSED BY TEST INFORMATION, OR ANY LOSS INCURRED BY THIRD PARTIES, ARISING FROM OR RELATED TO THE PRODUCTS OR SERVICES, EVEN IF WE ARE AWARE OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 In no event will our total accrued liability arising from or in connection with the Products, whether by contract or tort or otherwise, exceed 100% of the amount paid by you for the Products and Services.
7.5 We will not breach any provision of these Conditions caused by your breach of any of your obligations or commitments contained in the Terms or these Conditions.
7.6 We will not be obliged to provide Services for which you have not followed the instructions regarding order placement, use of the Products, supply of the Sample, and return of the Sample to the Laboratory within 12 hours in accordance with these Conditions.
7.7 We do not accept responsibility for discrepancies between the specification of a Product and the image of the Product as seen on our Website.
7.8 The provisions of this clause 7 in full will survive the expiration or termination of this Agreement.
8. General legal provisions
8.1 In no event shall we be liable for any delay in the fulfilment or non-fulfilment of any obligation under these Conditions or an Order, caused directly or indirectly by any cause beyond our reasonable control.
8.2 The definition, interpretation and application of these Conditions will be governed by the laws of Spain. By using this Website, you agree to submit to the exclusive jurisdiction of the courts of Spain in regards to any dispute that may arise, provided that nothing in this document deprives you of the rights you have under the relevant consumer protection laws to initiate proceedings in your country of residence.
8.3 Failure or delay on our part to enforce any of these Conditions will not constitute a waiver of our rights against you and will not affect our right to demand compliance therewith.
8.4 We may subcontract or delegate the provision of the Services to any entity that provides services to us in our provision of the Services to you. No subcontracting or delegation will exempt us from our obligations under these Conditions.
8.5 When you use the Website or send us an email, you are communicating with us electronically. You accept that all agreements, notices, disclosures, and other communications that we provide to you electronically will comply with the same legal requirements such communications are subject to when provided in writing.
8.6 If any part of these Conditions becomes illegal, invalid, unenforceable or prohibited in any way under any applicable law or regulation, said provision or part thereof will be considered not to be part of the contract between us. The legality, validity or applicability of the rest of these Conditions will remain in full force and effect.
Account means the account that we have under your name and that contains the information that you have sent us.
Accredited Laboratory means the laboratories that we can select as our analysis service provider at any time.
Content means any element, data, material, information, software, images, photos, advertisements, trademark or Service brand, sounds, videos, brands, expressions, points of view or opinions, that appear on the Website.
Helpline means the online submission page, which can be used by a user to submit queries.
Intellectual property rights means, for the purposes of these Terms, any trademarks, Service brands, commercial and trade names, domain names, design rights, patents, copyrights, database rights, moral rights and know-how rights and other intellectual property rights, where applicable if registered, or applications not registered and included for the granting of the above and all rights or forms of protection that have an effect equivalent to any of the above, which may subsist anywhere worldwide.
Order means an offer by a user to buy Services and one or more Products from us.
Password means a unique combination of numbers and letters of at least eight digits, required to access and use the Website and the Service.
Product means a kit that allows you to take and store a sample, as sold by us.
Services means testing the Sample you send to the Accredited Laboratory and providing the Test Information.
We or who we are means the company Ovoclinic Madrid S.L.;
Virus «virus» or «worm», «Trojan horse», «trap door», «Software switch», «time» or «logic bomb», «deactivation code» or «routines», or «expiration dates»;
If you have any concerns about the material that appears on our Website, contact us at email@example.com
10. Subscribe and Save Terms and Conditions
10.1 Prices and billing cycle. Registering involves subscribing to a single type of eligible test kit over the chosen frequency. By purchasing a subscription, you accept that your subscription has a recurring and initial payment feature and accept responsibility for all recurring charges prior to cancellation. Your subscription will continue and your payment method will automatically be charged for each successive subscription period at the then-announced percentage discount of the current market price for that trial kit. Your credit card will be charged on the date indicated on the Subscriptions page of your account for the applicable subscription period. FERTILITY AT HOME will charge the credit card you used when you created your renewal subscription or as directed by you. FERTILITY AT HOME may send periodic charges (for example, at the chosen subscription frequency) until you provide prior cancellation notice or wish to change your payment method. Such notice will not affect charges before FERTILITY AT HOME can reasonably act.
10.2 Payment processing. Payments will be made through a secure platform.
10.3 Cancel a subscription. To cancel your subscription, you can (i) log into your account and follow the cancellation procedures there, (ii) send us a message to firstname.lastname@example.org and we will do it for you, or (iii) call our Customer Support Line at +34 951 495 626. Please note that standard calling rates may apply. If you decide to cancel, we recommend doing so at least 24 hours before the scheduled subscription payment date, as subscriptions can be cancelled free of charge as long as FERTILITY AT HOME receives your cancellation before the scheduled subscription payment is processed. This is subject to changes, but we will inform you if there is any change in our cancellation policy.
10.4 Managing your account. You can manage your subscription, including payment details and cancellation by logging into your account on the Subscriptions page.
10.5 Price changes. We reserve the right to adjust the price of test kits in any way and at any time. FERTILITY AT HOME. If your billing date for a subscription period falls before the price change occurs, you will be charged the previous fee for that subscription period. If your billing date falls after the two-week notification period, you will be charged the new price. We will set a date for this price change. Whether you are charged the current or the new price for your next kit will depend on when your billing takes place, but all future kits will be affected.
11. Complaints and claims
FERTILITY AT HOME makes available to consumers and users the email address email@example.com. As a consumer or user, whatever your place of residence, please write to this email address to file any complaints and claims or to request information about the goods or services offered or contracted.