Terms and conditions

Terms and Conditions

The owner of the service available at https://client.famicord.eu is FamiCord Suisse SA with its registered seat at c/o Studio Fiduciario Pagani SA, Corso Pestalozzi 3, Palazzo Ransila 2, 6900 Lugano, Switzerland, registered under the registration number CHE- 113.983.891 (“Service Provider”).

1. Scope 

These Terms and Conditions govern the rights and obligations of the Service Provider and the Customer in relation to use of the Website, ordering and provisioning of the Service.

2. Definitions
a) Additional Services – services provided by the Service Provider other than the Service;
b) Agreement – agreement concluded between the Customer and the Service Provider for storying the Biological Material. The Agreement is concluded once the order of the Customer is confirmed by the Service Provider via the email address provided by the Customer. The Agreement is generated electronically and is made available via MyFamiCord Panel;
c) Agreement Conclusion Date – the date on which the Order is confirmed by the Service Provider;
d) Biological Material – biological material stored by PBKM S.A.;
e) CryoSave AG – CryoSave AG wih registered office at Chuerstrasse 65B, CH-8808 Pfaffikon, Switzerland;
f) Customer – an individual (a parent) who had an agreement for storage Biological Material with CryoSave AG and who concluded the Agreement;
g) FamiCord Group – a healthcare entity that renders a broadly understood medical, diagnostic, laboratory services related to and with a usage of the tissues and cells
h) My FamiCord Panel – online panel where the Customer may access the Agreement, invoices and the storage certificate;
i) Order Form – the electronic form which the Customer places to the Service Provider to order the Service. The Order Form is available at https://www.famicord.eu and in the My FamiCord Panel;
j) PBKM – Polski Bank Komórek Macierzystych S. A. with registered office at 29 Jana Pawła II Avenue, 00 – 867 Warsaw, Poland;
k) Price List – the list of prices for the Service and Additional Services provided by the FamiCord Group;
l) Service – Biological Material storage by FamiCord Group;
m) Terms and Conditions – these terms and conditions regulating the use of the Website and Service ordering;
n) Website – the online portal owned by the Service Provider and available at https://client.famicord.eu
o) Working Day – any weekday from Monday to Friday that is not a public holiday in Switzerland, Poland, Portugal and Hungary.

3. Purchasing the Service via Website
3.1. In order to purchase the Service and the Additional Service, the Customer:
a) Files in the Order Form;
b) Accepts the Terms and Conditions, Agreement and other consents;
c) Places the Order Form via the Website.
3.2. By placing the Order Form, the Customer confirms that:
a) has stored Biological Material with CryoSave;
b) he/she is at least 18 years of age;
c) have the legal capacity to sign the Agreement;
d) the data submitted is complete and true;
e) the Service Provider may use electronic means to exchange communication and conclude the Agreement.

4. My FamiCord Panel
4.1. My FamiCord Panel is created with a login (e-mail address indicated by the Customer) and password. In order to sign in, the Customer will have to enter an authorization code, received from the Website via e-mail provided in the registration process.
4.2. The Customer must secure the login and the password against unauthorized access. The Customer shall be fully responsible for any consequences of the My FamiCord Panel being accessed by third parties that come into possession of the Customer’s login and password due to Customer’s negligence.
4.3. My FamiCord Panel shall be disactivated after 30 days from the date of the last active Agreement termination.

5. Placing the Order and concluding the Agreement
5.1. Orders are received through the Website - 24 hours per day, all throughout the year, excluding any service interruptions caused by the Website maintenance or Internet service unavailability.
5.2. The Order shall be accepted by the Service Provider immediately following the Order being placed by the Customer. The content of the Agreement is available to the Customer in the process of placing the Order.
5.3. The Order will not be accepted if:
5.3.1. the Customer provided incorrect or false data when placing the Order;
5.3.2. the Customer cannot be contacted at the e-mail address or the telephone number provided in the Order Form.
5.4. Following the Order acceptance, the Agreement is concluded and the content of the Agreement is made available in My FamiCord Panel.
5.5. The Agreement is conditional upon the Service Provider conforming that the Biological Material is stored with PBKM together with necessary medical documentation.
5.6. The Customer will be informed immediately should the Service Provider confirmed that the Biological Material is not stored with PBKM. Upon receipt of such information by the Customer the Agreement will be cancelled.

6. Equipment requirements
Requirements for the proper operation of the Website include a current Internet browser version, supported by the browser vendor, compatible with the HTML 4.0 standard or newer, accepting cookies and supporting JavaScript.

7. Customer’s Personal Data
Information concerning the processing of personal data can be found in the Privacy Policy available on the Website https://famicord.eu/privacy-policy.

8. Additional Services
8.1. The Customer may choose that the Biological Material is stored by one of the FamiCord Group companies other than PBKM by indicating it in the Order Form. The Price List indicates the costs of the transportation from PBKM to the chosen location. Additional statements and consents might be required should the Biological Material is transported to a different location.
8.2. The Customer may choose other Additional Services indicated in the Order Form. Such Additional Services may be subject to additional costs provided for in the Price List and additional consents available in the Order Form.

9. Invoices and payments
9.1. The price for the Service is available in the Price List and will be finally calculated to the Customer before placing the Order and will be confirmed in the My FamiCord Panel. The prices presented constitute gross prices.
9.2. After the Agreement Conclusion Date the payment for the Service shall be payable within 14 days upon receipt of an invoice sent to the Customer (depending in the selected storage plan) in electronic form to the e-mail address provided by the Customer and through the My FamiCord Panel (the Customer shall also receive a link to the generated invoice via e-mail). Payments may be made using traditional wire transfer.

10. Termination of the Agreement
The Customer has the right to terminate the Agreement for no cause within 14 calendar days from the Agreement Conclusion Date. A statement on termination shall be sent in writing by registered mail to the Service Provider or via email to info@famicord.eu.

11. Complaints
Complaints regarding the Website, My FamiCord Panel and the Agreement shall be transmitted by e-mail at info@famicord.eu or in writing by registered mail sent to the address of the Service Provider.

12. Final provisions
12.1. These Terms and Conditions shall enter into force as of 14 October 2019.
12.2. The Service Provider reserves the right to amend these Terms and Conditions at its sole discretion. The amended Terms and Conditions will be published on the Website and available to the Customer in the My FamiCord Panel. Changing the Terms and Conditions shall not impact the rights and obligations of the Customer arising from the Agreement.
12.3. The Swiss laws shall apply to these Terms and Conditions and the Agreement and any other documents related thereto.
12.4. All disputes, claims, or controversies arising out of, or in relation to the Agreement or any other document related thereto, shall be settled in the appropriate Swiss common court with jurisdiction over such disputes, claims, or controversies.
12.5. The English language version of these Terms and Conditions and the Agreement shall prevail in the event of any discrepancies with any other language version thereof.