Terms & Conditions
Last updated: October 2025
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These Terms and Conditions apply to all contracts concluded through the myBioma® online shop and BiomeDx® (Biome Diagnostics GmbH, Handelskai 92, 1200 Vienna) between us and you as a customer. Our product range is primarily intended for end consumers and for business customers (B2B). An end consumer is any natural person who concludes a transaction for private purposes; an entrepreneur is a person or company acting in the exercise of their commercial or independent professional activity. For consumers with habitual residence in the European Union, Austrian law shall apply, without prejudice to mandatory consumer protection provisions of the respective EU country. These terms also apply to partners who obtain products via the website or the B2B shop directly. In individual cases, there may be specific terms for partners. In all other cases (in particular business transactions or dealings outside the EU), the law of the Republic of Austria applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
myBioma® is a product line (with the same brand name) of Biome Diagnostics GmbH specialising in gut health. Through our online shop at www.mybioma.com, customers can order products related to the gut microbiome and health. In particular, we offer at-home microbiome analysis kits. We provide a myBioma test kit with which you can independently collect a stool sample. You then send the sample in the included return envelope to our partner laboratory, where analysis is performed using DNA sequencing. Biome Diagnostics evaluates the lab data bioinformatically and with the help of modern algorithms (including artificial intelligence) and provides you with a detailed results report and personalised recommendations online. Please note that myBioma does not provide a medical diagnosis, and the analysis report is not a substitute for a doctor’s examination. Our consultation is limited to scientific analyses and general health tips; for individual medical advice please consult a qualified professional. Please follow the instructions included with the test kit exactly and use only the provided materials for sample collection. Each test kit box contains a unique Kit ID with a corresponding activation code, which is linked to your email address and user profile when you activate the kit. Your sample is analysed in anonymised form (only via the ID) to ensure privacy and confidentiality. Biome Diagnostics has obliged the partner laboratory to comply with all applicable data protection regulations.
Additionally, we offer other products to promote gut health, such as digital content (e-books, webinars) and dietary supplements. These products can be purchased individually or as part of special packages/subscriptions. Please note that, unless explicitly stated otherwise, all of our products and services are not intended to diagnose, treat, or cure diseases, but to help you better understand your health and improve your well-being. myBioma products may also be available through external partners (e.g. doctors, therapists, pharmacies, or distributors). In such cases, any individual agreements with these distribution partners apply in addition.
You do not need a permanent user account to order our products; orders can be placed as a guest or as a registered user. After receiving your personal myBioma test kit, you must activate it online in order to use the analysis. During activation, the Kit ID is linked to your email address and a user profile is created, in which you can manage your personal data and later retrieve your results report. The access credentials for your user profile must be kept confidential. Please ensure that no unauthorised third party gains access to any emails we send you or your password. myBioma is not liable for any damages arising from unauthorised account access, provided you have caused them by not taking adequate care in securing your access data. Your analysis results and personal data are stored in your profile in accordance with our Privacy Policy. You may request deletion of your profile and data at any time, provided there are no legal retention obligations preventing this. Please send your request by email to service@mybioma.com; we will then immediately delete or block your data. Please ensure that you provide complete and correct personal information when ordering and activating the test kit. You must be at least 18 years old to order a myBioma test or to set up a user profile.
The presentation of our goods and services in the online shop does not yet constitute a legally binding offer, but rather an invitation for you to place an order (invitatio ad offerendum). You submit a legally binding purchase offer (your order) by clicking on “Order with obligation to pay” in the last step of the ordering process. Immediately after submitting the order you will receive an automated order confirmation by email, which acknowledges receipt of your order. This email does not yet constitute acceptance of your offer. The purchase contract is only concluded when we accept your offer explicitly – either by a further email (shipping confirmation or order confirmation) or by delivery of the goods. Please also check your spam folder regularly, as our emails may be delivered there. If Biome Diagnostics does not accept your offer (e.g. because a product is not available), we will inform you immediately by email. The languages available for the conclusion of the contract are German and English.
In the myBioma shop you can select products by adding them to the virtual shopping cart using the “Add to cart” button. You can view and change the contents of the cart at any time. When you want to complete the order, click “Proceed to checkout” and follow the further instructions in the checkout process. In the checkout you have the option to log in with an existing account, create a new account, or continue as a guest. You then enter the required billing and delivery information and select the desired shipping and payment method. Before submitting the order, all order data and costs are summarised in an order overview. Please check this overview carefully. You can correct input errors until final submission of the order or cancel the ordering process at any time. By clicking on “Order with obligation to pay” you finally submit your binding purchase offer for the listed products. After submission, you will receive our order confirmation by email (see section 4). The final acceptance of the contract occurs through our shipping/order confirmation by email or at the latest by delivery of the goods to you. Biome Diagnostics reserves the right not to accept orders in individual cases – there is no claim to conclusion of a contract. In such a case, we will inform you immediately and refund any payments already received. We recommend that you save the order confirmation/invoice as well as these Terms and Conditions for your records.
In addition to one-time purchases, we also offer subscriptions (recurring orders) for selected products. When you place a subscription order, you receive the chosen product at regular intervals specified by you. Payment for the first delivery is due upon ordering; subsequent deliveries are billed shortly before the scheduled delivery date. Your payment data may be stored securely for this purpose, to allow recurring charges. You have the right to change, pause or cancel your subscription at any time, as long as we have not yet dispatched any part of the next delivery or provided any corresponding service. Changes or cancellations can be made through our customer service. If you cancel a subscription after part of your order has already been dispatched or a partial service has been provided, we will refund you the amount already paid, minus the reasonable costs incurred by us for the already completed (partial) delivery. This means you only pay for products/services that you have actually received up to the cancellation date. Any amounts paid in advance for deliveries not yet dispatched will be refunded. If a subscription with a fixed term was agreed, it will automatically renew for the same term unless you cancel in due time before its expiry.
Consumers, as defined by the Austrian Consumer Protection Act (KSchG), have the statutory right to withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you (or a third party named by you, who is not the carrier) took possession of the goods. For digital content or services (e.g. e-books, upgrades, webinars) this period does not apply. Once an e-book or webinar has been received, it can no longer be returned. Likewise, if a test has been subsequently upgraded and the results have already been provided, no return is possible. Furthermore, if a consultation appointment has been booked and a date has been set, that service cannot be cancelled.
To exercise your right of withdrawal, you must inform us (Biome Diagnostics GmbH, Handelskai 92, 1200 Vienna, email: service@mybioma.com) of your decision to withdraw by means of a clear statement (e.g. a letter sent by post or email). To meet the withdrawal deadline it is sufficient that you send your communication before the 14-day period expires.
Consequences of withdrawal: If you validly withdraw from the contract, we will refund you all payments received from you, except for any handling fees. We will make the refund using the same payment method that you used for the original transaction, unless expressly agreed otherwise. You will incur no fees for the refund. We may withhold the refund until we have received the goods back or you have supplied evidence that you sent back the goods, whichever is earlier. You must return the goods to us without undue delay and in any event no later than 14 days from the day you communicated your withdrawal. The deadline is met if you send the goods before the 14-day period has expired.
Please handle the products with care until return. You will only have to compensate for any loss in value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusions: The right of withdrawal does not apply to goods sealed for health or hygiene reasons which are not suitable for return if unsealed after delivery. This specifically applies to myBioma test kits that have already been opened or used, as their contents cannot be reused for health reasons. If you cancel an order after the test kit has already been dispatched, you will receive a refund minus €20.00 (twenty euros) to cover the cost of the test kit (in particular as a single-use product). If we have incurred additional costs by the time of your withdrawal (e.g. laboratory costs), these will also be deducted from the refund. This rule applies even if the withdrawal is made within the 14-day period, since a returned kit cannot be reused for hygienic reasons. The customer bears the cost of the return shipment.
Additionally, the right of withdrawal expires for contracts concerning the supply of digital content not supplied on a tangible medium (e.g. e-books or digital downloads) if Biome Diagnostics has begun to provide the digital content before the withdrawal period expires, after you have expressly agreed to this and acknowledged that you will thereby lose your right of withdrawal. In both cases (unsealed goods or commencement of digital content provision), there is no right of rescission.
Please note: The right of withdrawal under this section applies only to consumers (not to business customers).
The prices shown in our online shop are total prices and include the statutory VAT. Any additional fees or shipping costs will be shown separately during the ordering process. Before completing the order, the total gross price of your shopping cart, including all costs, will be clearly displayed. Biome Diagnostics offers various payment methods (e.g. credit card, PayPal, Klarna Sofort, etc.), but is not obliged to offer any specific payment methods indefinitely. No additional fees are charged by Biome Diagnostics for using the offered payment methods.
Payment is due in full at the time of purchase (plus any shipping costs). If you default on payment, we are entitled to charge interest on arrears at the statutory rate. The delivered goods remain the property of Biome Diagnostics GmbH until full payment has been made (retention of title).
We deliver our physical products worldwide (to the countries indicated by us) by parcel shipment to the delivery address you specified during the ordering process. Delivery to P.O. box addresses or parcel stations is not possible. You may specify a different delivery address in the checkout (e.g. if it is a gift). Shipping costs and available shipping methods will be displayed on the product page or in the checkout. Shipping time: Unless otherwise stated for the product, we dispatch available items within approximately 1–4 working days after payment is received, provided the item is in stock. Delivery times may vary depending on the destination country; any customs clearance procedures may delay delivery, which we cannot influence. If in an exceptional case a delivery is delayed, we will inform you.
Shipping process: Each myBioma test kit is shipped with a special preservation solution that keeps the bacteria in the stool sample stable. Therefore, postal shipping – regardless of weather conditions or shipping time – has no negative impact on the analysis results. The test kit contains all necessary utensils and instructions for sample collection. Please send your collected sample in the enclosed pre-paid envelope back to us as soon as possible (ideally on the same day of collection). Thanks to the preservation solution, the sample remains viable for several weeks without refrigeration. Once your sample has arrived at our laboratory, the analysis usually takes about 14 days. You will be informed by email as soon as your personal result report is available online.
Shipping costs: Shipping costs are displayed in the ordering process. If applicable, we may offer free shipping from a certain order value (see website for details). Returns in case of withdrawal are to be paid by the customer (see section 7). For deliveries to non-EU countries, duties, taxes, and fees may apply, which are to be borne by you. If the quality or quantity of the sample you have sent is not sufficient for evaluation, we will contact you and send you an additional test kit for a new sample collection at no cost. In such a case, you will incur no additional costs for the second test run.
The statutory provisions on warranty apply to our goods and services. For consumer transactions, the warranty period for new goods is two years from delivery of the goods. For orders by entrepreneurs (B2B), the warranty period for movable items is limited to one year from delivery of the goods, insofar as legally permissible. Should a delivered product have defects, consumers are entitled to statutory warranty claims (repair/completion, replacement, reduction in price, or rescission in accordance with §§ 922 ff ABGB). Please notify us of obvious defects as soon as possible and do not return the goods to us in case of a complaint without first contacting our customer service. Any manufacturer’s guarantees remain unaffected and apply in addition under the respective guarantee conditions.
For entrepreneurs, warranty claims are subject to the obligation to inspect and give notice under § 377 UGB. Complaints can be made to us at the contact details given in the imprint.
Biome Diagnostics performs all services with the greatest care according to the current state of the art and endeavours to ensure high availability of our online offerings. However, we reserve the right to change, restrict or discontinue functions of the website or offered services if necessary (e.g. for maintenance purposes). Temporary restrictions in availability do not entitle you to claims for damages.
Technical limitation of liability: Biome Diagnostics assumes no liability for technical disruptions beyond our control, in particular not for unintentional interruptions, failures, data loss or transmission errors in connection with the use of our online offerings. In particular, we are not liable for delays or performance failures due to force majeure (e.g. natural disasters, strikes, war, government interventions) or other unforeseeable events for which we are not responsible. Maintenance work may cause temporary limited availability; this does not entitle customers to any claims.
General liability: In cases of slight negligence, we are not liable – except in the event of personal injury – for financial losses. For damages caused by us or our agents through gross negligence or intent, we are in principle fully liable. The above liability limitations apply correspondingly to persons associated with Biome Diagnostics as well as our employees and vicarious agents. Mandatory liability provisions remain unaffected, in particular liability for personal injury and liability under the Product Liability Act. Products and health instructions: Some products offered on our website are dietary supplements intended to supplement the diet with certain nutrients. Dietary supplements are not a substitute for a varied, balanced diet and a healthy lifestyle. When used as directed, they generally have no undesirable side effects in healthy adults. Should there nevertheless be side effects or health issues due to individual intolerances, Biome Diagnostics assumes no liability. Our dietary supplements should always be stored out of reach of small children.
The information provided on our website about dietary supplements is solely for the description of the nutrition-specific or physiological effects of these products. Our product descriptions and other content are not intended to enable diagnosis, treatment, cure or prevention of diseases. They do not constitute medical advice and cannot replace the advice of a physician or pharmacist. In particular, our recommendations are not to be understood as a call for self-medication and do not replace professional treatment or diagnosis by a doctor. If you suffer from an illness, regularly take medication, have health problems, are pregnant or breastfeeding, please consult a physician or other qualified healthcare professional before using our products. We recommend that you do not rely solely on the information on our website but always carefully read the labels, instructions and warnings of the respective products. Biome Diagnostics is not liable for damages resulting from improper intake or use of our products. We also assume no liability for statements, promises or product recommendations of third parties (e.g. manufacturer claims about effects or dosages) to the extent that they deviate from our official information. Although we research and update product information on our website carefully, Biome Diagnostics cannot guarantee the completeness, accuracy and timeliness of all content. Printing errors, mistakes and interim changes in product composition are reserved. As soon as errors or contradictions on the website are noticed or reported, we will correct them immediately.
You, as the customer, undertake to indemnify and hold Biome Diagnostics harmless in the event that we are subject to claims by third parties as a result of your conduct. This applies in particular to cases where third-party claims arise from the fact that you:
(a) entered, published or transmitted illegal or defective content in our system;
(b) used our website or services in an unlawful manner;
(c) violated these Terms or any applicable site rules;
(d) infringed the rights of third parties (persons or organisations); or
(e) introduced harmful programs such as viruses or trojans into our systems. In all these cases, you will compensate Biome Diagnostics for all resulting damages and expenses and will hold us harmless against claims by third parties.
The law of the Republic of Austria shall apply to this contractual relationship – subject to mandatory international consumer protection laws – to the exclusion of the conflict-of-law rules of international private law and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the competent court in Vienna, unless mandatory consumer protection regulations to the contrary apply. The language of the contract is German (translated versions are for informational purposes only). Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain in force. In place of the invalid clause, the relevant statutory provision shall apply. The same applies to any gaps.
The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr. Consumers have the opportunity to use this platform to resolve disputes arising from online purchase contracts. However, please note that we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. You can also send complaints directly to us (Email: service@mybioma.com); we will endeavour to find an amicable solution.
Links to external websites or information sources on our website are intended as a service for customers. Despite careful selection and regular review, we assume no responsibility for the content of external links (see imprint). If linked content is questionable, please inform us so that we can remove the link.
All trademarks, logos, graphics and texts on our website are the intellectual property of Biome Diagnostics GmbH (or the respective rights holders) and are protected by copyright and trademark laws. Any use by third parties is not permitted without our prior written consent.
Biome Diagnostics reserves the right to change these Terms for the future, provided the changes are minor, objectively justified and reasonable for consumers. We will inform you of planned changes by email or a pop-up on the platform. Every customer has the right to object to changes within one month of receiving notification of them. If you do not object in due time, the changed Terms will be deemed accepted. We will specifically draw your attention to this consequence in the notification of changes. If you object in due time, we reserve the right to terminate the contract properly.
By placing an order, the customer agrees to these Terms and Conditions. The current version of the Terms and Conditions can be accessed at any time at www.biome-dx.com. We recommend downloading or printing these Terms at the time of contract conclusion and keeping them for your records.
