Terms and Conditions

Legal notice

Owner : MyBirdDNA is a mark of the company Genimal SARL 10000€. Registered Address is 2893 Estaing 42140 Virigneux France. SIREN 538245861
Registered contact: email contact@mybirddna.com or phone +33695369958
VAT number : FR32538245861
Website host : Siteground SiteGround Legal Notices, PO Box 48010, Washington, D.C. 20002, USA 48010 Washington
Creator of the website, webmaster, publisher : MyBirdDNA (contact@mybirddna.com)

Terms and conditions

The services, analyzes and interpretations of the laboratory MyBirdDNA are exclusively subject to these conditions. These conditions will prevail over any other document in case of conflict.

Our team provides services to subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully.

MybirdDNA offers analyses for birds. These analyses are listed at https://www.mybirddna.com/dna-tests/. The majority of the tests are based on DNA analyses, some tests are based on RNA analyses or microscopy.

The prices including taxes of these analyses are listed at https://www.mybirddna.com/dna-tests/. The price is due when ordering. MyBirdDNA reserves the right to update the pricing of its analyses at any time. Prices are per order and per customer. As such, promotional offers are valid only if the withdrawal and payment are received before the deadline of the offer.

There are no physical delivery of kits to collect samples. The kits are supplied as PDF files. These files are downloadable at the user account area at https://www.mybirddna.com/my-analyses/track-my-analyses/. These kits are available as soon as the birds are registered. The customer must print these kits or copy it in a blank paper. The laboratory is not responsible of the delay of the delivery of the kit from the customer to the laboratory.

The delays of analyses indicated on the website are no guarantee, however it is respected in 99.9% of case. These delays are in open days (excluded Saturday, Sunday, public holiday or private holiday). Private holiday are indicated on every page of the website at least 2 weeks before. These delays are concluded from the reception of the sample at the laboratory to the result. Cases of not respected delay are generally due to low quality sample. In that case, the laboratory can decide if there is a chance to obtain result and thus an optimized protocol after this delay can be applied. If there is no chance to obtain a result, the laboratory demands a new sample for free. The cost of the first analysis due to poor quality sample are in charge of the laboratory. The third and later samples are in charge of the customer. Result are available in the website at https://www.mybirddna.com/my-analyses/my-results/. As soon as the result is available, the customer is notify by email. Copies of the analysis reports will be kept for at least 3 years on the website in the customer area.

Payment of the order can be done by credit card on the website or by money transfer only. The laboratory will analyze the samples only if the order is already paid.

The laboratory MyBirdDNA executes the orders to the best of its possibilities and its knowledge. The accuracy of the information provided, especially the breed, species and identification, must be verified. Notice that concerning the DNA sexing, the method used is different between species. It means that if the indicated species is incorrect, the result based on the sample received is not valid. The name of the organization or person receiving the result must be clearly indicated. Any services undertaken in accordance with the order must be billed.

The techniques used by the MyBirdDNA are based on DNA diagnostic methods by PCR. These techniques are known to give an accurate result in 99% of cases. You have the exclusive responsibility to confirm that the techniques used by the laboratory meet your prerequisites before confirming any order. In fulfilling its mission, MyBirdDNA is only bound to an obligation of means. The analytical results of the laboratory MyBirdDNA constitute a first determination made according to the state of the techniques relating to the types of analyzes carried out. MyBirdDNA assumes no responsibility for the uses that could be made of the analysis results provided. MyBirdDNA is not responsible for the non execution of these conditions due to circumstances beyond its control. Except as provided by the applicable law regarding liability arising from gross negligence, willful misconduct or misconduct on the part of MyBirdDNA, or death or personal injury resulting from the negligence of MyBirdDNA, MyBirdDNA will in no way be liable to you or any other person for loss of profits, loss of opportunity or loss of enjoyment, or for special, incidental, consequential, indirect, exemplary, or consequential damages , punitive or multiple, including without limitation, loss of customer, contracts, data or equipment or interruption of operation, arising from the provision of services or the failure or delay in providing such services, relying on the warranty, the contract, an injurious act or the like, even if MyBirdDNA was warned of the possibility of such damages or losses. Except as provided by the applicable law regarding liability arising from gross negligence, willful misconduct or misconduct on the part of MyBirdDNA, or death or personal injury resulting from the negligence of MyBirdDNA, the indemnities due under the responsibility of MyBirdDNA towards you relating to the provision of a laboratory analytical service, relying on the guarantee, the contract, a harmful act or other, may not exceed ten times the amount you have paid for this analytical laboratory service.

Samples shipped to the laboratory will not be returned because they are damaged by DNA extraction and then destroyed. The samples received are the property of the laboratory. The laboratory can therefore use and transform them in order to carry out the analyzes. MyBirdDNA reserves the right to refuse any sample that would present an unreasonable risk of fail during its analysis and that do not respect the protocol. The customer agrees to this condition. The customer garantee that label and any delivered sample is not hazardous in accordance with applicable laws. MyBirdDNA may proceed to the immediate disposal of a sample when it is received, if it is deemed to be at risk, real or suspected. Any deliberate destruction for reasons involving the safety of persons may not constitute a cause of financial or other liability of MyBirdDNA. Any accidental destruction of the samples can not be a cause of liability of MyBirdDNA. The samples and the DNA extracts will be stored for at least 4 days.

MyBirdDNA undertakes to preserve the confidentiality of any patented or non-public element, any confidential technical information and to use this confidential information only for the purpose of carrying out sample analyzes and providing reports on the results. MyBirdDNA and the customer undertake not to publish, reveal or communicate to third parties any information concerning the carrying out of the analyzes, the reports of results, as well as all other information which can be related. Any contact with MyBirdDNA to get an confidential information about an order or an analysis will be subject to an authentication process to guarantee the identity of the customer. If the question is relative to confidential data (regarding an order or an analysis), the email must included the analysis number or the order number in question. If not, MyBirdDNA asks the customer about one of this number before. Then MyBirdDNA check that the email address used to send this email is the same that the email address used to order this analysis or order number.

MyBirdDNA does not have a phone contact service. Also, exchanges can be made by email at contact@mybirddna.com.

The name and data of the laboratory MyBirdDNA can not be used in a way that could harm its reputation or its commercial activity. Any publication by the customer of commercial results (sales support, press article, advertising, social network post etc.) must be subject to the agreement of MyBirdDNA. Not respecting this condition is subject to legal proceeding. MyBirdDNA reserves the right to quote the references of its customers in the context of commercial publications (brochure, sales support). All elements and details of the MyBirdDNA laboratory website are and remain the intellectual and exclusive property of MyBirdDNA. It is forbidden to reproduce, exploit, rebroadcast, or use for any reason whatsoever any element of the site without having the consent of MyBirdDNA.

The withdrawal period is 14 days in accordance with French regulations (2011/83/EU article 14.4).

These general conditions of sale and execution of analyzes are subject to French law. Before proceeding with any contentious action, the parties will attempt to reach an amicable agreement. However, in case of persistent litigation, the latter will be the exclusive jurisdiction of the Commercial Court of Saint-Étienne, even in case of plurality of parties.

Terms and Conditions was last modified: January 24th, 2024 by MybirdDNA