Terms and Conditions

1. General Information

HerNutrea provides microbiome testing and personalised nutrition plans designed to offer insights into gut health and tailored dietary recommendations. By purchasing and using our
services, you agree to the terms and conditions outlined here. These terms are governed by applicable laws and regulations.

2. Privacy and Data Protection

Data Collection: We collect and process personal data, including your name, contact information, health-related data, and dietary preferences, solely for the purpose of providing
our services.

Legal Basis: We process your personal data based on contract fulfilment (Article 6(1)(b)GDPR) and your explicit consent for health data (Article 9(2)(a) GDPR).

Data Usage: Your data is used to analyse your microbiome sample and create personalised nutrition plans. With your explicit consent, anonymised data may be used for research purposes to improve our services and contribute to scientific knowledge.

Data Sharing: Your data will only be shared with our certified laboratory partner for sample analysis. All data shared with the laboratory is pseudonymised and linked to a unique activation code to ensure your privacy. We do not sell your data to third parties.

Data Retention: Personal data is stored for 7 years as required by tax law. Microbiome test results are retained for 10 years to comply with medical data retention requirements. Biological samples are retained by the laboratory for up to one year, after which they cannot be further processed.

Automated Decision-Making: We use automated processing to generate personalised nutrition recommendations. You have the right to request human intervention, express your point of view, and contest any recommendation.

Your Rights: You have the right to access, correct, delete, restrict processing, data portability, object to processing, and withdraw consent regarding your data at any time. To exercise these rights, contact us at privacy@hernutrea.com.

Data Protection Authority: If you believe your data has been mishandled, you have the right to file a complaint with your local data protection authority.

3. Product and Service Usage

Microbiome Test: The microbiome test is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Follow the instructions provided in the test kit carefully. Use only the materials included in the kit for sample collection.

Personalised Nutrition Plan:

• The nutrition plan is based on the information you provide and your dietary preferences.
• Allergen Disclaimer: Our meal plans do NOT account for food allergies or intolerances. herNutrea does not offer specialised plans for allergies or intolerances at this time. It is entirely your responsibility to identify and avoid any foods in our recommendations that may cause allergic reactions or intolerances.
• The nutrition plan is for guidance only and should not replace professional medical or dietary advice.

4. Activation and Results

• Each test kit includes a unique 12-digit activation code. You must activate your kit online before sending your sample for analysis.
• Results will be provided digitally through your HerNutrea account. You will be notified via email once your results are ready.
• The analysis is conducted by a certified laboratory, ensuring the highest standards of accuracy and reliability.
• Standard processing time for results is 2-3 weeks from receipt of your sample at the laboratory.

5. Shipping and Returns
Shipping: Test kits are shipped within 2-4 business days after purchase. Shipping times may vary depending on your location.

Sample Stability: Samples are shipped with a stabilising solution to ensure quality during transit, regardless of temperature conditions.

Returns and Right of Withdrawal: As a valued buyer/customer, you possess the right to withdraw from this contract within 14 days without the need to provide any specific reason. However, please note that returns are exclusively accepted for test kits that remain in their original, unused, and unopened packaging within this 14-day period. To exercise your right of withdrawal, you must clearly inform us of your decision through an unequivocal statement (for example, by sending an email to our designated support team). Furthermore, in the event of a return, the buyer/customer assumes the responsibility for arranging and covering the costs of postage to return the product to us. For your protection and ours, we strongly advise using a postal service that offers tracking details to ensure the safe and documented return of the items. Please contact our support team for guidance on the return process and address.

Insufficient Samples: If the sample provided is insufficient for analysis, we may request a
new sample at no additional cost.

6. Limitations of Liability

• HerNutrea is not liable for any damages resulting from the misuse of the test kit, misinterpretation of the results, or adverse reactions to the personalised nutrition plan.
• Food Allergies and Intolerances: herNutrea is not responsible for any health issues arising from allergic reactions or intolerances to foods recommended in our meal plans. Customers are solely responsible for managing their own allergies, intolerances, and dietary restrictions. If you have known food allergies or intolerances, you must review all recommendations and make appropriate substitutions or avoid certain foods entirely based on your specific needs.
• The test results and nutrition plans are based on current scientific knowledge and may not account for all factors affecting gut health or dietary needs.
• Our total liability shall not exceed the amount paid by you for the services.

7. Intellectual Property

• All content, including logos, designs, and materials, is the property of herNutrea and may not be used without prior written consent.
• The test results and personalised nutrition plans are provided for your personal use only and may not be reproduced, distributed, or published without our permission.

8. Governing Law and Jurisdiction

• These terms are governed by the laws of Ireland.
• Any disputes arising from these terms will be subject to the non-exclusive jurisdiction of the Irish courts.
• For EU consumers, mandatory consumer protection laws in your country of residence may provide additional rights.

9. Amendments

HerNutrea reserves the right to update these terms and conditions. Customers will be notified of any significant changes via email or website notification. Continued use of our services after such modifications constitutes acceptance of the updated terms.

10. Customer Responsibilities

• Customers are responsible for providing accurate information during registration, activation, and the creation of personalised nutrition plans.
• Customers must follow the instructions provided in the test kit and nutrition plan to ensure accurate results and safe implementation.
• Customers must not use the services for any unlawful purpose or in any way that might damage our reputation or rights.

11. Force Majeure

HerNutrea is not liable for delays or failures caused by events beyond our control, such as natural disasters, pandemics, or supply chain disruptions.

12. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

13. Contact Information

• Email: contact@hernutrea.com
• Business Hours: Mon-Fri: 9 am-4 pm
• For data protection inquiries: privacy@hernutrea.com

By purchasing and using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.