1. These terms
1.1 What these terms cover. These are the terms and conditions (Terms) which apply to the order by you and supply of goods and services by us to you (Contract). Details of the goods and services available to purchase from us are set out in Schedule 1 (Goods and Services).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Goods and Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss. You should understand that by placing an order for our Goods or Services, you agree to be bound by these terms and conditions.
1.3 Language. These Terms and the Contract are made only in the English language.
1.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
1.5 Acceptance of Terms and the Contract. Please click on the button during the purchase process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will be unable to order any Goods or Services from our Site.
1.6 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying Goods and Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.7 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. No other terms are implied by trade, custom, practice or course of dealing. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. About Us
2.1 Company details. Future Healthcare Ltd (company number 10671519) (we and us), is a company registered in England and Wales and our registered office is at Unit D1, Walton Road, Portsmouth PO6 1TF. Our main trading address is D1 Railway Triangle, Walton Road, Portsmouth PO6 1TH. Our VAT number is 348 2640 90. We operate the website futurehealthcare.uk (‘our Site’).
2.2 Contacting us. To contact us telephone our customer service team at +44(0) 2394 003825 or email email@example.com How to give us formal notice of any matter under the Contract is set out in clause 13.2.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Placing an order and its acceptance
3.1 Placing your order. To place an order please follow the onscreen prompts on our Site. Each order is an offer by you to buy the Goods and Services specified in the order subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence. Please note that we are not obliged to accept any order and we reserve the right to refuse any order, including but not limited to, any orders from dealers or distributors as the Goods are not intended for resale.
3.5 If we cannot accept your order. If we are unable to supply you with the Goods and Services for any reason, we will inform you of this by email and we will not process your order or charge you for the Goods and Services. If you have already paid for the Goods and Services, we will refund you the full amount including any delivery costs charged as soon as possible. If we are unable to accept your order this might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
4. Your status
4.1 By placing an order through our site, you warrant that:
4.2 you are legally capable of entering into binding contracts; and
4.3 you are at least 18 years old.
5. Our goods
5. 1 The images of the Goods on our site are for illustrative purposes only and they shall not form part of the Contract nor have any contractual force. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.
5.2 The packaging of your Goods may vary from that shown on images on our site.
5.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement or to implement minor technical adjustments and improvements. These changes will not affect your use of the Goods.
6. Your rights to make changes
If you wish to make a change to the Goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Providing the Goods
7. 1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the Goods. Once payment has been received in full in cleared funds by us, we will issue an email to you confirming that the Goods have been dispatched (the Dispatch Confirmation). Any dates quoted for delivery in the Dispatch Confirmation are approximate only, and the time of delivery is not of the essence. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 21(Events outside our control) for our responsibilities when this happens.
7.3 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
7.4 Collection by you. If you have asked to collect the Goods from our premises, you can collect them from us at any time during our working hours of 9.00 -17 .00 on weekdays (excluding public holidays).
7.5 If you are not at home when the Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 10.2 will apply.
7.7 When you become responsible for the Goods. The Goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collects it from us.
7.8 When you own Goods. You own the Goods once we have received payment in full.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Goods to you, for example, contact information. If so, this will have been stated in the description of the Goods on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of Goods to you. We may have to suspend the supply of Goods to:
a) deal with technical problems or make minor technical changes;
b) update the Goods to reflect changes in relevant laws and regulatory requirements;
c) make changes to the Goods as requested by you or notified by us to you (see clause 6).
7.11 Your rights if we suspend the supply of Goods. We will contact you in advance to tell you we will be suspending supply of the Goods unless the problem is urgent or an emergency. If we have to suspend the Goods for longer than 7 days we will adjust the price so that you do not pay for Goods while they are suspended. You may contact us to end the Contract for Goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the Goods in respect of the period after you end the Contract.
7.12 We may suspend supply of the Goods if you do not pay. If you do not pay us for the Goods when you are supposed to (see clause 17.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Goods. We will not suspend the Goods where you dispute the unpaid invoice (see clause 17.8 ). We will not charge you for the Goods during the period for which they are suspended. As well as suspending the Goods we can also charge you interest on your overdue payments (see clause 17.7).
8. Your rights to end the Contract
8.1 You can always end your Contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the Contract and whether you are a consumer or business customer:
a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 8.2;
c) If you are a consumer and have just changed your mind about the Goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this is subject to the exceptions in clause 8.3(a).
d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.4.
8.2 Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Goods and Services which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to the Goods and Services or these terms which you do not agree to (see clause 5.3;
b) we have told you about an error in the price or description of the Goods and Services you have ordered and you do not wish to proceed;
c) there is a risk that supply of the Goods and Services may be significantly delayed because of events outside our control;
d) we have suspended supply of the Goods and Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
e) you have a legal right to end the Contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Goods and Services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
a) When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
i) Services, once these have been completed, even if the cancellation period is still running;
ii) Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
iii) any Goods which become mixed inseparably with other items after their delivery.
b) How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
c) Have you bought services (for example, laboratory analysis and results service)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
d) Have you bought Goods (for example, the test kits)?, if so, subject to clause 8.8 you have 14 days after the day you (or someone you nominate) receives the Goods.
8.4 Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.3), you can still end the Contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Goods are delivered and paid for. A contract for services is completed when we have finished providing the Services and you have paid for them. If you want to end the Contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Goods and Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.
9. How to end the Contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
a) Phone or email. Call customer services on +44(0)2394 003825 or email us at firstname.lastname@example.org Please provide your name, home address, details of the order and, where available, your phone number and email address.
b) By post. Print off the form at Schedule 2 and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning Goods after ending the Contract. If you end the Contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person to where you bought them, post them back to us at Unit D1 Railway Triangle, Walton Road, Drayton, Portsmouth PO6 1TF or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44(0) 2394 003825 or email us at email@example.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the Contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
a) if the Goods are faulty or misdescribed;
b) if you are ending the Contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
c) if you are a consumer exercising your right to change your mind.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection. We charge £7.95 for collection of the Goods.
9.5 If you lose or damage the Goods We will send you a replacement subject to a discretionary charge of £7.95 to cover our costs in doing so.
9.6 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Goods and Services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.7 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
a) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
a) If we have not offered to collect the Goods, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 9.2.
b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the Contract
10.1 We may end the Contract if you break it. We may end the Contract for Goods and Services at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods and Services, for example, contact details; or
c) you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
10.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Goods and Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
10.3 We may withdraw the Goods and Services. We may write to you to let you know that we are going to stop providing the Goods and Services. We will let you know at least 14 days in advance of our stopping the supply of the Goods and Services and will refund any sums you have paid in advance for Goods and Services which will not be provided. In the event that we are required by a change in the law to withdraw the Goods and Services with immediate effect, for example if the law is changed to prohibit the sales of the Goods or Services by private companies, we may withdraw the Goods and Services without notice.
11. If there is a problem with the Goods
11.1 How to tell us about problems. If you have any questions or complaints about the Goods, please contact us. You can telephone our customer service team on +44(0) 2394 003825 or email us at firstname.lastname@example.org
12. Your rights in respect of defective Goods if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
If your product is services, for example a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.2.
12.2 Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44(0) 2394 003825 or email us at email@example.com for a return label or to arrange collection.
13. Your rights in respect of defective Goods if you are a business
13.1 If you are a business customer we warrant that on delivery and for the period from delivery up to the expiry date shown on the Goods (warranty period), any Goods shall:
a) conform in all material respects with their description;
b) be free from material defects in design, material and workmanship; and
c) be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
a) you give us notice in writing during the warranty period within a reasonable time of discovery that Goods do not comply with the warranty set out in clause 13.1;
b) we are given a reasonable opportunity of examining such Goods; and
c) you return such Goods to us at our cost,
we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
13.3 We will not be liable for Goods’ failure to comply with the warranty in clause 13.1 if:
a) you make any further use of such Goods after giving a notice in accordance with clause 13.2(a) ;
b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
d) you alter or repair the Goods without our written consent; or
e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13 , we shall have no liability to you in respect of the Goods’ failure to comply with the warranty set out in clause 13.1 .
13.5 These terms shall apply to any repaired or replacement Goods supplied by us under clause 13.2.
13.6 If you lose or damage the Goods we will send you a replacement subject to a discretionary charge of £7.95 to cover our costs in doing so.
14. No international delivery
14.1 Unfortunately, we do not deliver to addresses outside the UK.
14.2 You may place an order for Goods and Services from outside the UK, but this order must be for delivery to an address in the UK.
15. Supply of services
15.1 The Services will be performed by a third party laboratory (‘the Laboratory’).
16. Customer’s obligations
16.1 You shall:
a) ensure that the terms of the Order and any information you provide are complete and accurate;
b) provide us with certain personal information including your full name, postal and email address and date of birth in order to purchase the Goods and Services;
c) obtain the consent of any third party on whose behalf you are ordering the Goods and Services to their information being provided to us and the Laboratory and to their test results being sent to the email address provided; and
d) co-operate with the Laboratory in all matters relating to the Services;
16.2 When placing an order for Goods and Services you accept that it is your responsibility to comply with all and any instructions included with the Goods and to return the Goods to the Laboratory or to us for testing within the time limit specified in the instructions. This includes providing a sufficient sample for testing in line with the instructions. If you fail to provide a sufficient sample, we are not obliged to provide a replacement testing kit but may do so in our absolute discretion.
16.3 When you place an order, you accept that you have requested a method of communication for results, if this method fails, or is not available, or in the opinion of the Laboratory an alternative method of communication is in the best interests of you and public health, an alternative method of communication with you may be used. The Laboratory may contact you directly regarding your samples and test results, if necessary.
16.4 Failure to comply with the provisions of clause 16.1 and 16.2 will not entitle you to a refund of any price paid for the Services and may affect the accuracy of the results of any tests carried out on your behalf.
16.5 Please note that the Goods are valid for 3 months from the date we post them to you (‘the Validity Period’). If you do not send the samples to the Laboratory within the Validity Period or to us in sufficient time for us to forward the samples to the Laboratory within the Validity Period your tests will expire and you will not be entitled to a refund.
16.6 By purchasing the Goods and Services and by sending samples to the Laboratory you are giving us and the Laboratory your informed consent to perform the Services you have ordered.
17. Price of Goods and Services, delivery charges and payment
17.1 Where to find the price for the Goods and Services. The price of the Goods and Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Goods and Services advised to you is correct. However please see clause 17.4 for what happens if we discover an error in the price of the Goods and Services you order.
17.2 The price of the Goods and Services does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order. Next day delivery is applicable to UK mainland only and excludes from parts of Scotland, Scottish Highlands, Ilse of Man, Northern Ireland, Eire and Channel Islands. Delivery costs to these areas may vary.
17.3 We will pass on changes in the rate of VAT (if VAT applies). If the rate of VAT changes between your order date and the date we supply the Goods and Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods and Services in full before the change in the rate of VAT takes effect.
17.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Goods provided to you.
17.5 When you must pay and how you must pay. We accept payment by debit or credit card. When you must pay depends on what Goods you are buying:
a) You must pay for the Goods before we dispatch them. We will not charge your credit or debit card until we dispatch the Goods to you. The price of the Goods includes the cost of the Services.
17.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
17.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
17.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
18. Our responsibility for loss or damage suffered by you if you are a consumer
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods as summarised at clause 12.1 and for defective Goods under the Consumer Protection Act 1987.
18.3 You agree that your use of the Goods and Services is at your sole risk. We cannot and do not warrant that the tests performed as part of the Services will be 100% accurate due to the nature of the tests being performed.
18.4 We are not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:
a) the samples you send being lost, delayed or damaged in transit or via post from you to the Laboratory or to us;
b) the Laboratory being unable to test your samples for any reason;
c) any injury you may suffer when using kits for self-collection unless the collection kit is shown to be defective;
d) test results not being made available to you within the turnaround time stated in correspondence with you;
e) your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements;
f) actions or inactions made by third parties in light of your voluntary disclosure of test results;
g) your failure to act upon the Laboratory’s advice if they recommend that you seek medical advice or attention having taken a test;
h) your failure to show test results to your GP or doctor;
i) your failure to send a sample to the laboratory for testing within the Validity Period or to us in sufficient time for us to forward the samples to the Laboratory within the Validity Period;
j) loss or damage that is not foreseeable.
19. Our responsibility for loss or damage suffered by you if you are a business
19.1 Nothing in these terms shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
d) defective Goods under the Consumer Protection Act 1987; or
e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
19.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
19.3 Subject to clause 19.1:
a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Goods and Services under such contract.
20. How we may use your personal information
20.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Notice.
21. Events outside our control
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
21.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
22. Communications between us
22.1 When we refer to “in writing” in these Terms, this includes email.
22.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
22.3 A notice or other communication is deemed to have been received:
a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
c) if sent by email, at 9.00 am the next working day after transmission.
22.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
22.5 A verbal notice given under this Agreement is not valid.
22.6 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23. Other important terms
23.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for Goods not provided.
23.2 You need our consent to transfer your rights to someone else (except that you can always transfer any guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
23.3 Nobody else has any rights under this Contract (except someone you pass your guarantee on to). This Contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
23.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
23.6 Which laws apply to this Contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Goods and Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods and Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods and Services in either the Northern Irish or the English courts.
23.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. If this is the case please contact us and we will provide you with the name and address of a certified alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via http://ec.europa.eu/odr .
23.8 Which laws apply to this Contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a Contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
PCR Testing Kit – a throat and nose swab to test if you have coronavirus now, together with a detailed instruction leaflet and a Royal Mail 24 hours tracked return envelope.
Laboratory analysis of samples collected by the swab tests to detect the presence of coronavirus in the collected samples and the provision of test results via email, SMS or weblink.
Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the Contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] Contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.