PLEASE NOTE: These terms and conditions of business are divided into two sections. First, for our weight loss medication and consultative services; secondly for our at-home diagnostics and COVID-19 testing products
Terms & conditions relating to the provision of consultative services and prescription weight loss medication (Terms of Sale)
1.2 These Terms of Sale will apply to any contract between us for the provision of Treatment to you. Please read these Terms of Sale carefully and make sure that you understand them, before proceeding with any Treatment.
1.3 Please note that before receiving any Treatment you will be asked to agree to these Terms of Sale in accordance with clause 3.3. If you refuse to accept these Terms of Sale, you will not be able to receive any Treatment.
1.4 We reserve the right to update these Terms of Sale from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible on our website. For the avoidance of doubt, the Terms of Sale which were in effect at the time that your contract becomes effective pursuant to clause 3.3 will apply throughout the duration of the contract.
2. Our information and contacting us
2.1 The Chequp website is owned and operated by Chequp Health Limited, a company registered in England and Wales under company number 12570252 and registered at Clifton House, Bunnian Place, Basingstoke, Hampshire RG21 7JE. Our operational address is 125 Kingsway, London, WC2B 6NH.
2.2 Contacting us:
a. If you wish to contact us for any other reason, including because you have any concerns or complaints, please do so by any of the following:
i. E-mail: help@CheqUp.com.
ii. Writing: 125 Kingsway, London, WC2B 6NH.
b. 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 have provided to us. If we have to give you notice in writing, we will do so by e-mail or post to the address you have provided to us.
2.3 Our team of partner doctors, health coaches, dieticians and pharmacies endeavour to deliver an outstanding service. Care Quality Commission (CQC) services are delivered by Get Real Health Limited.
2.4 As a healthcare service, we comply with a number of regulations, including the Health and Social Care Act 2008, the Medicine and Healthcare Regulation Agency, and the General Pharmacy Council]. Our partner doctors are all registered with and regulated by the General Medical Council. Our partner pharmacies, dispensing medicines are registered with the General Pharmaceutical Council under registration numbers 9011284 and 9011125.
3. How our service works
3.1 Registration on our website: Before you can access our Consultative Services and Products you will first need to register an account on our website.
3.2 Health questionnaire: You will need to complete and submit an online health questionnaire. We will then, as an initial triage stage, review your responses and promptly confirm to you in writing whether your application for Treatment is suitable to be forwarded to our doctors to formally review. The health questionnaire is necessary as it will, subject to your application for Treatment passing the initial triage stage, provide our doctors with information that will help them to assess whether prescribing weight loss medication is safe and appropriate for you and, if so, which such medication is appropriate to prescribe. You acknowledge that there is no guarantee that submitting the health questionnaire will result in a prescription being given for the Products.
3.3 Entering into the contract: Provided that we have accepted your application at the medical questionnaire stage, you must then:
a. pay the agreed initial price for the Treatment as set out on our website;
b. provide us with a copy of your passport or driver’s licence and a photograph of yourself in order that we can verify your identity]. We will ensure that any such identification documents are stored securely; and
c. agree to these Terms of Sale.
3.4 Initial doctor review:
3.5 What to expect following being issued with a prescription:
3.6 Our Treatment must not be used in an emergency. If you consider that you are in an emergency, please call 999.
4. Your responsibilities
4.1 Our Consultative Services and the provision of prescriptions of the Products are provided through an online service and, subject to clause 2.2(b), our communications with you will be online or by telephone. Any course of Treatment is based on the information you provide to us. In order that we can provide the Treatment most effectively, and safely, it is imperative that you are truthful and honest at all times in your communications with us.
4.2 You must ensure that:
a) You are at least 18 years old.
b) You are resident in the United Kingdom and require delivery of the Products to an address in the United Kingdom. We will only supply the Treatment and send Products to individuals who are resident in the United Kingdom
c) You only apply to receive the Treatment on behalf of yourself and not for anyone else.
d) All information and responses you provide to us are honest, complete and accurate in all respects and to the best of your knowledge.
e) If you are at all unsure about anything during the course of the Treatment, including any elements of the initial health questionnaire or any advice provided by us, please do contact us so that we can clarify this with you; alternatively, please contact your GP.
f) You co-operate with us in all matters relating to the Treatment.
g) You tell your GP about any Treatment we are to supply to you. Please let us know if you would like us to inform them on your behalf.
h) You always read all Product packaging, instructions, directions and labels carefully before use. You are responsible for taking Products correctly.
i) You store all Products securely and in accordance with any instructions or directions provided with or relating to the Products.
j) You ensure no-one else receives Products upon delivery or has access to the Products.
k) You always check the date on the box of the medication to ensure that it has not expired, and not take or use any Products which are beyond their expiry date.
l) You will notify us as soon as possible if there are any changes in your medical condition. This is important as any such changes may affect your suitability for treatment. Such changes would include any new diagnosis, new medication and a substantial decrease in your body mass index (BMI) to a level below any threshold which would deem you unsuitable for continuing to receive the Treatment.
m) You are authorised to use the payment card for which you pay for the Treatment.
n) You will: (1) check that the Products are the correct Products prescribed for you and that such Products are not damaged in any way; and (2) not consume any Products which are not the Products prescribed or which are damaged on arrival. Instead, you must contact us pursuant to clause 9.7.
5. Prescription of Products
5.1 All of our Products are dispensed by CloudRx and/or HealthXchange Pharmacy UK Limited both of which are registered in England and Wales under company numbers 12320975 and 01999872 respectively.
5.2 The Products will be provided to you pursuant to a prescription. It may be the case that prescriptions will be issued on a repeat basis (Repeat Prescriptions). The extent, and/ or number, of Repeat Prescriptions issued by our doctors will be entirely at his or her discretion.
5.3 We cannot dispense more Products than is permitted on any prescription. In that light, you will not be supplied with more than one Repeat Prescription every 30 days. Further to this, Repeat Prescriptions will only be supplied following receipt of payment pursuant to clause 7.3(b).
5.4 A Repeat Prescription will end if one of our doctors considers that you no longer require the Treatment and/ or Products (for example, if your BMI decreases to a suitable level whereby the Treatment and/ or the Products are no longer required). In such circumstances, you confirm that you will:
a. not consume any further Products; and
b. dispose of such Products pursuant to clause 10.3(b).
5.5 Without prejudice to our rights under clause 10.2, where a Product is out of stock or we are unable to fulfil a prescription, we will use reasonable endeavours to source alternative suitable medication, where applicable.
5.6 All Products will only be dispensed to you once our pharmacy is in possession of the relevant prescription in accordance with the rules of the General Pharmaceutical of Great Britain.
6. Consultative Services
6.1 We will use reasonable care and skill in providing the Treatment to you.
6.2 Our Consultative Services, including appointments with any of our doctors, health coaches and/ or dieticians, will be booked at dates and times that suit you. [We will send you an email to confirm the date and time of any appointment].
a. you are unable to attend any appointment, you must let us know by either email to the details set out at clauses 2.2(a)(i) and 2.2(a)(ii) above at least 24 hours in advance of the start of the appointment; or
b. any of our clinicians need to cancel or postpone your consultation then they will let you know by either email or telephone,
and we will then seek to agree with you a revised date and time for the appointment.
6.4 For the avoidance of doubt, we will not be liable to you if you are unable to access an appointment in respect of our Consultative Services for any reason within your reasonable control, including your failure to use appropriate equipment.
7. Prices and payment
7.1 The price of the Treatment will be the price indicated on our website at the date of submission of your health questionnaire pursuant to clause 3.2 and all prices stated are inclusive of VAT (to the extent applicable) and inclusive of the Consultative Services, Products and delivery of the Products. We take all reasonable care to ensure that the price of the Treatment advised to you is correct. However, please see clause 7.2 for what happens if we discover an error in the price of the Treatment.
7.2 It is always possible that, despite our best efforts, some of the Treatments we sell may be incorrectly priced on our website. Where the Treatment’s correct price is less than our stated price at the relevant time, we will charge the lower amount. If the Treatment's correct price is higher than the price stated to you, we will contact you for your instructions as in such cases we can only charge you the higher price. For the avoidance of doubt, in such circumstances you are able to terminate the contract in accordance with clause 10.1 or cancel the contract pursuant to clause 9.4 if you are within the Cancellation Period (as defined below). Where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract pursuant to clause 10.2 and will refund you any sums you have paid.
7.3 The Treatment will be provided to you on a subscription basis whereby you agree to the following payment arrangements:
a. an initial payment to be made pursuant to clause 3.3(a); and
b. thereafter, a recurring direct debit payment to be paid to us monthly in advance throughout the duration of the Treatment. For the avoidance of doubt, you:
i. agree to authorise such a direct debit payment arrangement; and
ii. accept responsibility for all recurring such charges.
8.1 All Products will be delivered to you by registered parcel delivery service at the address provided by you at the time of ordering. Please follow any instructions provided by the relevant delivery personnel. Please be careful to ensure that others (including children and animals) do not access the delivered Products.
8.2 The Products will be your responsibility and, you will own such Products, subject always to compliance with clause 7.3, from the time we deliver the Products to your address.
8.3 If the Products are unable to be delivered to you for any reason, we will keep the Products for you for a reasonable and appropriate period given the nature and expiry date of the Products and contact you to rearrange delivery to you.
9. Cancellation, pausing Treatment and defective, damaged or wrong Products
9.1 Pursuant to regulation 27, part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs), the fourteen (14) day statutory right to cancel the contract (which would commence on the date that the contract becomes effective pursuant to clause 3.3) (Cancellation Period) does not apply to the provision of the supply of the Products. However, given that the Treatment includes the provision of Consultative Services, the Cancellation Period will apply to this contract. In that light, we ask you to confirm at the point of purchase that you agree to these Terms & Conditions which instruct us to commence performance of the Treatment during the Cancellation Period.
9.2 If you instruct us to begin the performance of the Treatment during the Cancellation Period, but then change your mind during the Cancellation Period, you agree that we may charge you an amount which is in proportion to the Treatment performed until you communicated the cancellation to us (for example, if one of our doctors starts to assess your condition by reviewing your completed questionnaire). This amount will be measured against the full amount of work that was envisaged in respect of the Treatment and taking into account the price of the Treatment.
9.3 If you do not expressly request us to start providing the Treatment prior to the end of the Cancellation Period, then you acknowledge that we will not begin commencing the Treatment until the Cancellation Period has expired.
9.4 To cancel the contract during the Cancellation Period please email us at the details set out in clauses 2.2(a)(i) and 2.2(a)(ii) respectively.
9.5 You may at any time pause the Treatment by emailing us in accordance with clause 2.2(a)(ii). Once you have paused the Treatment, you will no longer receive, nor be charged for, any further Treatment.
9.6 Please note that for safety reasons, we do not accept returns of the Products. If you have any unwanted Products then please dispose of them safely or take them to a local pharmacy for safe disposal.
9.7 If the Products you receive are defective, damaged or wrong, then you must contact us immediately upon receipt of such Products by email at the contact details set out in clauses 2.2(a)(i) and 2.2(a)(ii) respectively. We honour our legal duty to provide you with Products that are as described to you on our website and that meet all the requirements imposed by law. Pursuant to clause 9.6, we do not accept returns of the Products. In that light, we may require evidence from you in the form of, for example, photographs of the defect, damage or wrong Product. If we are reasonably satisfied that the Products are defective, damaged or wrong, we will arrange to resend you, at no further cost, replacement Products. If we are unable to replace the Product, then we will refund you (to the payment card from which the payment was made) the amount paid by you for the relevant month’s subscription and may terminate the contract in accordance with clause 10.2.
9.8 Clause 9.7 does not apply to Products you believe to be ineffective. If you think the Products are not working, then it may be the case that you need to make certain lifestyle changes in order to get the best possible results. Alternatively, a different treatment may be more suited to you. For further information on this, please either email us at the contact details set out in clauses 2.2(a)(i) and 2.2(a)(ii) respectively.
10.1 You can terminate this contract at any time by immediate notice to us using any of the methods of communication set out in clause 2.2. Please see clause 10.4 for further details of your rights when terminating the contract.
10.2 We can terminate this contract at any time by immediate notice to you in writing. Reasons for such termination may include:
a) We withdraw the Products.
b) You fail to pay us in accordance with these Terms of Sale.
c) We decide at any time that you are not, or no longer, suitable for the Treatment.
d) You have breached any terms of these Terms of Sale.
e) Following any changes in relevant laws and/ or regulatory requirements.
f) There is insufficient stock to deliver the Products pursuant to a prescription and we are unable to source suitable alternatives pursuant to clause 5.5.
g) There has been a mistake with pricing of the Treatment.
10.3 Should this contract terminate during the term of a prescription or Repeat Prescription of Products, you confirm that you will:
a) not consume any further Products; and
b) dispose of such Products safely or take them to a pharmacy for safe disposal. We do not accept returns of Products pursuant to clause 9.6.
10.4 Notwithstanding clauses 9.1 to 9.4 above (inclusive), if you terminate the contract at any time pursuant to clause 10.1 prior to Products being dispensed to you for the first time under this contract then we may, in our absolute discretion, issue you with a full refund. If such Products have been dispensed then we will be unable to issue you with a refund. Similarly, if you terminate the contract at any time during the course of the Treatment then we will only refund you in respect of that month’s subscription payment if we: (1) receive your termination notice; and (2) are able to instruct our pharmacy to not dispense the Products, prior to that month’s prescription of Products being dispensed to you.
10.5 Subject to clauses 3.4 and 10.6, if we end the contract at any time prior to Products being dispensed to you for the first time under this contract then we may, in our absolute discretion, issue you with a full refund. If such Products have been dispensed then we will be unable to issue you with a refund. Similarly, if we terminate the contract at any time during the course of the Treatment then we will only refund you in respect of that month’s subscription payment if we are able to instruct our pharmacy to not dispense the Products, prior to that month’s prescription of Products being dispensed to you.
10.6 If we end the contract for any of the reasons set out below:
a) you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
b) you commit a material breach of the contract;
c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Treatment; or
d) you do not, within a reasonable time, allow us to deliver the Products and/ or provide the Consultative Services to you,
then, in addition to the provisions of clause 10.5, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.7 For the avoidance of doubt, if following termination of the contract for any reason, you wish to receive further weight loss treatments similar to or the same as the Treatment, then you will need to submit a new health questionnaire pursuant to clause 3.2 and go through the full review process again.
11.1 We will not accept any liability to you for damages, losses or otherwise which result from you not: (1) adhering to any of the above obligations set out in this clause 4; or (2) following the advice given by any of our [in-house or ]partner doctors, health coaches or dieticians.
11.2 If we fail to comply with these Terms of Sale, 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.
11.3 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; and for breach of your legal rights in relation to the Products and for defective Products under the Consumer Protection Act 1987.
12. How we use your personal information
12.2 We will comply with all applicable requirements under all legislation and regulatory requirements in force from time to time which apply to us relating to the use of your personal data.
13. Website registration
14.1 We are not responsible for delays outside our control. If the provision of the Treatment 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.
14.2 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to obtain the agreement of any other person in order to end the contract or make any changes to these Terms of Sale.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.5 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 of Sale, 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.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Sale are governed by English law and you can bring legal proceedings in respect of the Treatment in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Treatment in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Treatment in either the Northern Irish or the English courts.
a. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
b. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
c. A reference to writing or written includes email.
Our Terms and conditions for the sale of at-home Blood Tests and testing kits for COVID-19
1.1 The following definitions and rules of interpretation apply in these terms.
Adequate Sample: a sample from which a conclusive result can be obtained.
Certificate: a certificate issued by us to you confirming your Results.
Client ID Form: any form sent to you to collect information in relation to your Sample.
Covid Test: a test undertaken to determine if an individual has an active Covid-19 infection which requires laboratory testing.
Day Zero: the day you enter the United Kingdom.
Deadline: any deadline that you require a Certificate or Result of a Covid Test to be provided to you by.
Departure: in relation only to a Covid Test, the date of your flight.
Goods: physical goods sold to you by us as part of your Order.
Instructions: any instructions provided to you by us with the Goods.
Laboratory: the laboratory that will test the Samples
Location: the location set out in the Online Purchase Order Form where the Services are to be provided and/or the Goods are to be delivered as appropriate).
Non-Laboratory Testing Kits: Testing Kits which deliver results to you without laboratory testing.
Response Time: the times indicated on our Website when Results and Certificates will be delivered to you by.
Results: your results following a Testing Kit which requires laboratory testing being returned to us by you.
Royal Mail Priority Postage: the priority postage collection service provided by the Royal Mail.
Online Purchase Order Form: the online order process on our Website
Order: your order for the supply of Products
Products: Goods and/or Services purchased by you as set out in your Online Purchase Order Form
Sample: a sample produced by a Testing Kit, which requires laboratory testing.
Services: the services to be provided to you as part of your Order.
Testing Kits: equipment and/or consumable items provided to you to create a Sample (in the case of Testing Kits which require laboratory testing) or to undertake the tests for which they are designed without laboratory testing (in the case of Non-
Laboratory Testing Kits).
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors and permitted assigns.
(c) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
(d) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(e) A reference to writing or written includes email.
2. These terms
2.1 What these terms cover. These are the terms and conditions on which we supply Products to you.
2.2 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 Products 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.
2.3 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 Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2.4 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. 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.
3. Information about us and how to contact us
3.1 Who we are. We are Chequp Health Limited a company registered in England and Wales. Our company registration number is 12570252 and our registered office is at Clifton House, Bunnian Place, Basingstoke, England RG21 7JE.
3.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
3.3 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.
3.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. Our contract with you
4.1 How we will accept your Order. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and will not charge you for any Product for which we cannot 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 Product or because we are unable to meet a Deadline you have specified.
4.3 Your Order number. We will assign an order number to your order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
4.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders for delivery of Goods or Results to addresses outside the UK.
5. Our Products
5.1 Goods may vary slightly from their pictures. The images in photographic or video form of the products on our website are for illustrative purposes only. Your Goods may vary slightly from those images.
5.2 Packaging may vary. The packaging of the Goods may vary from that shown in images on our website.
6. Your rights to make changes
Please contact us if you wish to change your Order. 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 your Order, 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. Our rights to make changes
7.1 Minor changes to the Products. We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
8. Providing the Products
8.1 Delivery costs. The costs of delivery will be as displayed to you on our Website.
8.2 When we will provide the Products.
(a) We will deliver Testing Kits to the Location as soon as reasonably possible and we will contact you with an estimated delivery. All Testing Kits are sent by Royal Mail first class tracked post.
(b) Where a Testing Kit requires laboratory testing, we will send all Results and Certificates by email.
(c) We will begin the Services on the date agreed with you during the order process.
8.3 We are not responsible for delays outside our control.
(a) If our supply of the Products (including delivery of a Result or Certificate) 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 Products you have paid for but not received.
(b) For the avoidance of doubt, any delays caused by the actions of a third party providing services to us or to you, including, without limitation, laboratory services or delivery services, will be deemed to be outside of our control.
8.4 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.
8.5 If you do not re-arrange delivery. If after a failed delivery of Goods to you, you do not re-arrange delivery or collect the Goods 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 15.2 will apply.
8.6 If you do not allow us access to provide Services. If you do not allow us access to the Location to perform the Services which have been agreed to be provided at the Location as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the Location we may end the contract and clause 15.2 will apply.
8.7 When you become responsible for the Goods. Goods will be your responsibility from the time we deliver the product to the Location.
8.8 When you own Goods. You own the Goods once we have received payment in full.
8.9 What will happen if you do not give required information to us.
(a) We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the Online Purchase Order Form. 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 15.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
(b) We will not be responsible for supplying the Products 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.
8.10 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product as requested by you or notified by us to you (see clause 7).
9. Your obligations:
9.1 If the Testing Kit which you buy from us is one which requires laboratory testing, you authorise us to send your Sample to the Laboratory on your behalf for the extraction of material from your Sample and/or the application of testing which is appropriate to the purpose for which the Testing Kit is supplied.
9.2 You shall:
(a) ensure that the terms of the Online Purchase Order Form are complete and accurate;
(b) if relevant, order any Products at least five days prior to Departure;
(c) follow the Instructions accurately;
(d) complete any Client ID Forms sent to you;
(e) co-operate with us in all matters relating to the Services;
(f) provide our employees, agents, consultants and subcontractors with access to the Location as reasonably required by us to provide the Services; and
(g) provide us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
10. Your obligations if you order a Testing Kit:
10.1 You shall:
(a) follow the Instructions accurately; and
(b) where a Testing Kit requires laboratory testing, return any completed Testing Kits to the address directed by us using Royal Mail Priority Postage and, if relevant, at least four days prior to your Departure using the provided pre-paid packaging.
11. Traffic Light Indicators/Recommendations
11.1 When we send your Results, they may, depending on the type of Testing Kit which they relate to, include a statement and/or traffic light indicator to assist you in your interpretation of the Results. Any such statement or indication will be as a result of us placing your results into numeric scales or recommendations issued generally by public health bodies, government departments or academic institutions. We do not take responsibility for and accept no liability for the accuracy or otherwise of the numeric scales or recommendations on which our statement or traffic light indicator is based. We are not medical advisers, we do not give medical advice and you should always consider taking medical advice in relation to the meaning, interpretation or other implications of your Results.
12. Your rights to end the contract
12.1 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 product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 17 if you are a consumer and clause 18 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 13.2;
(c) If you are a consumer and have just changed your mind about Goods, see clause 13.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;
(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 13.6.
12.2 Ending the contract because of something we have done or are going to do. If you are ending a 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 Products 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 Product or these terms which you do not agree to:
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
12.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products 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.
12.4 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 Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
12.5 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.
(a) Have you bought Services? 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.
(b) Have you bought Goods (for example, Testing Kit)?, if so you have 14 days after the day you (or someone you nominate) receives the Goods, unless:
(i) Your Goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your Goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Goods.
12.6 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 13.1), 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 Good 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 a 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 Products 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.
13. How to end the contract with us (including if you are a consumer who has changed their mind)
13.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
13.2 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 post them back to us at Clifton House, Bunnian Place, Basingstoke, England RG21 7JE or as otherwise directed by us.
13.3 When we will pay the costs of return.
(a) We will pay the costs of return:
(i) if the Goods are faulty or misdescribed;
(ii) 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
(b) In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
13.4 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 including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.5 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:
13.6 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 the products are Goods and we have not offered to collect them, 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 a product to us, see clause 14.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
14. Our rights to end the contract
14.1 We may end the contract if you break it. We may end the contract for a Product 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 2 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 Products;
(c) you do not, within a reasonable time, allow us to deliver the Products to you;;
(d) you do not, within a reasonable time, allow us access to the Location to supply the Services.
14.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 15.1 we will refund any money you have paid in advance for Products 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.
15. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team by email at firstname.lastname@example.org or writing to us at Clifton House, Bunnian Place, Basingstoke, Hampshire, RG21 7JE.
16. Your rights in respect of defective Goods if you are a consumer
16.1 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 products. 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, 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 13.3.
If your Product includes Services, the Consumer Rights Act 2015 says for example:
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 13.2.
16.2 Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods you must post them back to us. We will pay the costs of postage or collection.
17. Your rights in respect of defective Goods if you are a business
17.1 If you are a business customer we warrant that on delivery any Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
17.2 Subject to clause 18.3, if:
(a) you give us notice in writing within a reasonable time of discovery that the Goods do not comply with the warranty set out in clause 18.1;
(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.
17.3 We will not be liable for a Good’s failure to comply with the warranty in clause 18.1 if:
(a) you make any further use of such Goods after giving a notice in accordance with clause 18.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage or use of the Goods or (if there are none) good trade practice;
(c) you alter or repair the Goods without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
17.4 Except as provided in this clause 18, we shall have no liability to you in respect of a Good’s failure to comply with the warranty set out in clause 18.1.
17.5 These terms shall apply to any repaired or replacement Goods supplied by us under clause 18.2.
18. Price and payment
18.1 Where to find the price for the Product. The price of the Product (which excludes VAT) will be the price indicated on the Website. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 19.3 for what happens if we discover an error in the price of the Product you order.
18.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
18.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at the date of your Order, we will charge the lower amount. If the Product's correct price at the date of your Order 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.
18.4 When you must pay and how you must pay. When you must pay for Goods and Services:
(a) at the time of your Order;
(b) according to any credit terms agreed between us; or
(c) as otherwise agreed between us.
18.5 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).
19. Our responsibility for loss or damage suffered by you if you are a consumer
19.1 We are responsible to you for foreseeable loss and damage caused by us.
19.2 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.
19.3 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 Products and for defective Products under the Consumer Protection Act 1987
19.4 When we are liable for damage to your property. If we are providing Services at the Location, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
19.5 We are not liable for business losses. If you are a consumer we only supply the Goods for to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 21.
20. Our responsibility for loss or damage suffered by you if you are a business
20.1 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 products 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.
20.2 Except to the extent expressly stated in clause 18.1 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.
20.3 Subject to clause 21.1:
(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 Good and/or Services under such contract.
21. How we may use your personal information
21.2 We will comply with all applicable requirements under all legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data.
22. Our rights if you fail to provide an Adequate Sample
22.1 If you fail to follow the Instructions correctly, or for any other reason you do not provide an Adequate Sample we will not be held liable for our failure to provide you with a conclusive Result.
23. Your rights if we fail to deliver a Result and/or Certificate prior to your Departure or Deadline:
23.1 If, in the case of a Covid Test, we fail to deliver your Results and/or Certificate prior to your Departure or Deadline:
(a) if your Order was received less than five days prior to your Departure, we will not have any liability or obligations to you;
(b) we will refund you a sum equal to the total price of your Order but no more, if you make an Order at least five days prior to your departure and you returned to us or as directed by us, your Testing Kit four days prior to your Departure. We will not be held liable for any other costs that you incur due to a missed Departure or Deadline.
23.2 We will use our best endeavours to meet any Response Times, but the Response Times are guidelines only and we will not be held liable for any loss or damage that you suffer due to us delivering a Result or Certificate to you after a Response Time.
23.3 The rights set out in this clause are in addition to and not in substitution for those set out in clauses 19 and 20.
24. Our Liability
24.1 Subject to the provisions set out in the relevant conditions, our total liability to you in respect of all losses arising under or in connection with your Order, whether in contract, tort, or otherwise, shall in no circumstance exceed the total cost of your Order.
25. Other important terms
25.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
25.2 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. 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].
25.3 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.
25.4 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 Products, we can still require you to make the payment at a later date.
25.5 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 Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
25.6 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.