TERMS AND CONDITIONS OF SALE OF MEDICAL TESTING KIT(S)
All orders for home testing kit(s) placed via our website will be governed by these terms and conditions. You should therefore read these terms carefully before you place your order as they explain your and our legal rights and also contain important information about our contract with you and how your order will be dealt with.
If you have any questions, please contact us before you place your order by calling 02031979100 or by emailing us at email@example.com.
1. ABOUT US
1.1 Cyberdoc Medical Limited is a company registered in England and Wales.
1.2 Our company number is 07735806.
1.3 Our registered office address is C/O Sandison Easson Rex Buildings, Alderley Road, Wilmslow, Cheshire, SK9 1HY but if you would like to contact us, for example if you have any questions about your order, you should write to us at 34 North Colonnade, Shopping Mall, Canary Wharf, London, E14 5HX.
1.4 You can also contact us by phone on 02031979100 or by email at firstname.lastname@example.org.
2. ABOUT YOU
2.1 All testing kits must be purchased for yourself and not another person and for personal use only.
2.2 If we need to contact you about your order, we will usually do this by email, using the email address associated with your account. We may also contact you by phone or by post, again using the details associated with your account.
2.3 Before you confirm your order, please make sure that all of your details are correct. If any of your details change after you have placed your order you should let us know straight away so that we can continue to get in touch with you if we need to.
3. PLACING AN ORDER
3.1 Before ordering a testing kit(s), please read the description carefully online to ensure that the testing kit(s) meets your requirements. If you have any questions, let us know.
3.2 All orders must be placed via the website. You can place an order by adding the testing kit or testing kits that you want to order to your basket, proceeding to the checkout and then following the on-screen process.
3.3 Once you place an order, you will receive an automated email confirming receipt of your order. If you do not receive this within 24 hours of placing your order please check your spam filter. If you are still unable to locate the email please contact us by sending an email to email@example.com to check that we have received your order.
3.4 Provided that we are able to accept your order (see paragraph 11.2 for more information about circumstances in which we cannot accept an order) we will dispatch the testing kits as described in paragraph 7 and will send you an email to confirm this. Our email confirming dispatch constitutes acceptance of your order and will form a legally binding contract between us and you for the sale of the testing kits, governed by these terms.
3.5 We are not liable for tests that go missing through the post.
3.6 Refunds cannot be given once the kits have been posted out, although you can use them in the future. Cancelling before posting kits out will incur a £25 admin fee.
4: USE OF TESTING KITS
4.1 Following receipt of the testing kit(s), you should follow the instructions enclosed with the testing kit(s) and return your sample (in the pre-paid envelope provided) to the address of the laboratory detailed in the instruction pack.
4.2 All samples taken must be sent back to our laboratory on the day it is taken to enable the sample to be analysed. Failure to do so may lead to deterioration of your sample which could affect the accuracy of your test results. We do not accept responsibility for results that are compromised due to delays in returning samples or where samples are lost in the post. If you are concerned that your usual postal service will not result in next day delivery, we recommend that you return your sample using a guaranteed next-day service. This will be at your cost.
4.3 Any warranty or guarantee provided with a testing kit is in addition to and not in place of your rights under these terms and your other legal rights.
5.1 The price of the testing kit(s) is shown on the website, and the total price that you will pay will be shown during the order process.
5.2 We take all reasonable care to ensure that the price of the testing kits indicated to you is correct. If we identify an error before we accept your order then we may decline to accept your order as described in paragraph 11.2, in which case you will be entitled to submit a further order at the correct price.
5.3 We accept payment by Stripe accepting all major debit/credit cards. We will take payment when we dispatch your order. If we are unable to take payment for any reason we will contact you and ask you to make payment by an alternative method. We will not be able to dispatch the testing kits until cleared payment is received.
6.1 Once we have accepted your order, the testing kit(s) will be delivered in discrete packaging to the delivery address that you have provided during the order process. We will not be held responsible for items that are not delivered due to incorrect details. We can only dispatch testing kits to UK addresses.
6.2 The delivery costs that you will have to pay will be shown during the order process. By placing an order, you are agreeing to pay these in addition to the price of the testing kit(s).
6.3 If we are able to accept your order, the testing kit(s) will be dispatched promptly following receipt of your order. The time period for delivery will be displayed during the order process. Weekend orders ( after 2 pm Friday, will be posted out on Monday)
6.4 If a testing kit(s) is out-of-stock we will dispatch your order promptly following the testing kit(s) coming back into stock.
6.5 The testing kit becomes your property and responsibility from the point at which it is delivered to you (or to a safe place you have chosen for delivery or another person you have asked us to deliver it to instead of you).
7. SAMPLE TESTING
7.1 Our laboratory will test the sample that you have returned as soon as reasonably possible following receipt of your sample. Any dates/times that we provide on our website in relation to the performance of the testing are estimates only. We are not liable for travel costs incurred due to late results
7.2 Occasionally our ability to provide the testing service may be affected by an event outside our control. In this case we will make reasonable efforts to provide the testing service despite the occurrence of the event. Where the event causes a delay to sample testing, we will take steps to minimise the effect of the delay. If, however, the event prevents us from providing the services:
7.2.1 at all; or
7.2.2 within a reasonable period of the date on which it was originally anticipated the services would be provided,
then we may cancel this contract and provide you with a full refund.
7.3 We will not be able to provide the testing service if:
7.3.1 you fail to return the testing kit to us; and/or
7.3.2 there is a problem with the sample provided by you.
7.4 Your results will be notified to you by the contact method you selected. If we are unable to provide the testing service, we will notify you by the contact method you selected.
8. TEST RESULTS
8.1 Use of the testing kits is at your sole risk. We cannot and do not warrant that the tests performed will be 100% accurate due to the nature of the tests being performed.
8.2 Test results and comments or interpretation provided by us in relation to those results are for the purposes of information only. They may provide a guide to help you understand your health but do not, and are not intended to, constitute a clinical diagnosis. The service is not a substitute for proper medical investigation and advice and we do not provide clinical or diagnostic services in relation to the tests.
8.3 If you have any concerns regarding your health or your test results you should discuss them directly with your GP or a doctor.
9. CANCELLATIONS / RETURNS
9.1 Cancellation before dispatch
If you want to make any changes once you have placed your order but before the testing kit(s) have been dispatched (including cancelling your order or part of it) please let us know as soon as possible. As long as the kit has not been posted out, you can cancel the order minus a £25 admin fee. If a refund is due, we will make the refund within 14 days using the same payment method you used to pay for the testing kit (s). Once a kit has been prepared and posted they cannot be refunded, but they can be kept for future use (within 1 year). If a refund is due, we will make the refund within 14 days using the same payment method you used to pay for the testing kit (s).
9.2 Cancellation if there is a problem with a testing kit
If any testing kit that you purchase is not of satisfactory quality, fit for purpose or does not meet the description given on our website, you may reject the affected testing kit within 30 days of receipt by contacting us using the details set out at paragraph 12.2.
Nothing in these terms is intended to override your ordinary legal rights and we will comply with our legal obligations to accept returns and issue refunds where otherwise required by law (for example testing kit recalls).
10. OUR RIGHTS TO REFUSE OR CANCEL YOUR ORDER
10.1 Although we will normally be able to do so, we cannot guarantee to accept all orders placed via the website. You will receive an email confirming your order, but please be aware that this is generated automatically and does not mean that we have been able to accept your order. Your order will only have been accepted once you receive an email confirming that your testing kits have been dispatched.
10.2 We may occasionally be unable to accept orders for various reasons, for example because a particular testing kit is out of stock or there was an error in the advertised price or description. If this is the case, we will let you know and, where possible, we will discuss with you the option of purchasing the testing kit at the correct price.
11. QUERIES, PROBLEMS OR COMPLAINTS
If you have any queries about the website, your order or the testing kits, please call 02031979100 or by emailing us at firstname.lastname@example.org and we will do our best to help you.
In the unlikely event that you do experience a problem with your order, please let us know by calling 02031979100 or by emailing us at email@example.com.
We aim to provide, accessible, informative and professional healthcare, but if you do have a complaint or a concern, please let us know by calling 02031979100 or by emailing us at firstname.lastname@example.org.
We will endeavour to acknowledge the complaint within 3 working days and to investigate the matter within 10 working days. All complaints and concerns will be dealt with in a professional manner and with the strictest confidence and without prejudice. Please see our complaints procedure for further info.
If you feel that we have failed to address your complaint satisfactorily, you can address your complaint to either:
General Medical Council
350 Euston Road
TEL – 08453373456; or
Care Quality Commission
Newcastle upon Tyne
TEL – 03000616161
11.4 Online dispute resolution service
If we are unable to resolve your complaint you may wish to submit a complaint via the Online Dispute Resolution service (see http://ec.europa.eu/odr). This is an independent portal provided by the European Union. We are not currently a member of any Alternative Dispute Resolution (ADR) schemes, but we will consider whether ADR is an appropriate method of resolving a dispute with you if we are unable to resolve it through our complaints procedure.
11.5 Other legal remedies
We take our legal responsibilities very seriously and have prepared these terms and conditions in accordance with your legal rights. The options described above are intended to describe or be in addition to your normal legal remedies and nothing in these terms will override or exclude any of your legal rights.
11.6 Limits of our responsibility
We are not responsible to you for the following types of loss or damage:
• Loss or damage arising out of use of the testing kit for commercial, business or re-sale purposes;
• The sample you send being lost, delayed or damaged in transit or via post from you to us;
• Your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test.
However, nothing in this paragraph 12.6 or otherwise in these terms is intended to limit or exclude our liability for death or personal injury caused by negligence, for breach of your legal rights in relation to the testing kits, for defective testing kits under the Consumer Protection Act 1987 or otherwise where we are not permitted to limit or exclude our liability by law.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to us to supply the testing kits to you, to process your payment for the testing kits and to provide you with support after you have received the testing kits.
12.2 If you choose to receive information about our other products and services we believe may be of interest to you then we may use your personal information for these purposes. You may stop receiving these communications at any time by contacting us and letting us know that you want to unsubscribe.
12.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
13. OTHER IMPORTANT TERMS
13.1 Any contract formed will be between you and us. No other person shall have any rights to enforce any of its terms.
13.2 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.
13.3 These terms are governed by English law and you can bring legal proceedings in respect of the any disputes arising out of or in connection with your order, including any problems with the testing kits, in the English courts. If you live in Scotland you can bring legal proceedings in respect of the testing kits in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the testing kits in either Northern Ireland or England.