1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply testing kits and clinical testing services to you.
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 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.
2. Information about us and how to contact us
2.1. Who we are. We are FOCUS MEDICAL DIAGNOSTICS a company registered in England and Wales. Our company registration number is 12534603
and our registered office is at 9A Radford Street, Stone, ST15 8DA.
2.2. How to contact us. You can contact us by writing to us at email@example.com and 9A Radford Street, Stone, ST15 8DA.
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. Our contract with you
3.1. How we will accept your order
3.1.Orders for testing kits placed online. Our acceptance of your order will take place when we email you, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and a refund will be issued. This might be because testing kits are out of stock, because of limits in the capacity of the laboratories that carry out analysis, or because we have identified an error in the price or description of the product.
3.3. Geographical restrictions. Our website is intended solely for the promotion of our products in the UK. We do not have to accept orders for addresses outside the UK. If you are outside the UK please contact us via email.
4. Your rights to make changes
If you wish to make a change to the services 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 services, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 – Your rights to end the contract).
5. Sending testing kits to you and return of samples
5.1. Delivery costs. The cost of delivering testing kits to you will be included in the price displayed on our website or quoted to you on the telephone. We will use Royal Mail standard first class service as standard. Other options are available at checkout for an additional cost.
5.2. Costs of returning samples. The price displayed on our website or quoted to you on the telephone will also include the provision of a pre-paid Royal Mail “Tracked 24 hours” service envelope (or equivalent).
5.3. Return of samples. When returning samples to us using Royal Mail “Tracked 24 hours” service (or other tracked or priority services) you must follow the instructions issued by Royal Mail (or other relevant carrier) for using such a service. This may include using the appropriate labelling or packaging, and/or placing the packing in a specified type of postbox. If you do not follow such instructions, the return of your sample to the testing laboratory maybe delayed.
5.4. When we will send you the testing kits. We will deliver testing kits to you the same day if ordered before 1pm. After 1pm testing kits will be sent the next working day.
5.5. Time of delivery of testing kits and return of samples:
5.5.1. The time taken for:
126.96.36.199. the delivery to you of home testing kits; and
5.5.1. the return of samples to the testing laboratory may be affected by factors beyond our control. We are not responsible for any delay in transportation of your home testing kit or sample, which includes but is not limited any delay whilst the testing kit or samples are being transported by Royal Mail or other carrier (even if a tracked or other guaranteed delivery service has been used). You must allow extra time for deliveries to and from the Scottish Highlands and Islands. See also clause 8.2.
5.6. Changes to carrier. We reserve the right to change the carrier and type of service used in relation to both despatch of testing kits and return of samples to a broadly equivalent alternative if we think that such a change can be made without adversely affecting the services that we provide.
5.7. If you are not at home when testing kits are delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will need to rearrange delivery or collect the products from a local depot. If you do not take delivery of the testing kit within a reasonable period of the first attempt to deliver it to you, it may be returned to us and you will be responsible for re-arranging delivery of the testing kit at your sole expense.
5.8. If, upon arrival to our laboratory, your samples are unviable. If, when we recieve your samples, they are are unable to be processed due to unlabelled sample containers, you will either be subject to a £10 charge (invoiced via email) for sending out a replacement sample kit or a 75% refund on your order if you choose not to resend samples. Please note this charge does not apply if your samples were delivered too late by Royal Mail.
7. Provision of testing services
7.1. Provision of information. When you place your order, we may ask you for information relevant to the incubation period of the conditions for which you want to be tested. It is your responsibility to ensure that you provide the correct information. If you do not provide the correct information, this could mean that the result of the test is not accurate. If you do not provide us with the correct information, then:
7.1. if you subsequently change your mind about having the test, please see clauses 9.3 to 9.6 about your right to do so;
8. Provision of test results
8.1. We are not responsible for delays outside our control. If the provision of test results is delayed by an event outside our control then we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for any cost, expense or other loss or damage that you might suffer as a result of any delay 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 services you have paid for but not received.
8.2. Dates given are estimates only. Subject to clause 8.3, any dates given on our website, over the telephone, or in the order confirmation, are only an estimate of when your testing kit will arrive or when your test results could be received. Provided that we comply with our obligations under clause 8.1, we will not be liable for any cost, expense or other loss or damage that you might suffer as a result of delay.
8.3. Accuracy of test results depends on proper use of testing kits. You accept that it is your responsibility to comply with all instructions included within a testing kit. If you fail to follow the instructions as to how to use the kit, the test result might not be accurate. You must also provide a sufficient sample for testing in line with the instructions provided. If you fail to provide a sufficient sample, we are not obliged to provide a replacement kit to you, and if you wanted to repeat the test you would have to purchase a new kit.
8.4. We may suspend supply if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services.
9. Your rights to end the contract
9.1. You can end your contract with us. Your rights when you end the contract will depend on matters such as what you have bought, whether there is anything wrong with what we supply to you, and when you decide to end the contract:
9.1.2. If we supply something that is faulty, or something has been misdescribed you may have a legal right to end the contract. See clause 11.2;
9.1.3. If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.4. If you have just changed your mind about the product, see clause 9.3 to 9.6. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
9.1.5. In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.7.
9.2. 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 9.2.1 to 9.2.4 below, the contract will end immediately, and we will refund you in full for any services which have not been provided. In some circumstances you may also be entitled to compensation. The reasons are:
9.2.1. we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
9.2.2. there is a risk that supply of the services may be significantly delayed because of events outside our control;
9.2.3. we have suspended supply of the 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 one month; or
9.2.4. you have a legal right to end the contract because of something we have done wrong.
9.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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, and how to exercise them, are explained in more detail below.
9.4. Your right to change your mind: testing services. You do not have the right to change your mind and receive a refund in respect of services that have been completed, even if the cancellation period is still running.
9.5. How long do I have to change my mind? How long you have depends on what you have ordered.
9.6. If you have ordered a testing kit, you have a period of 14 days starting the day after you (or someone you nominate) receives the testing kit to change your mind. You are responsible for the cost of returning the goods.
In either case, 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.
9.7. 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 do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for testing 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, contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services (and, if applicable, testing kits) 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. This could include the cost of any testing kit supplied and/or the cost of analysis of your samples.
10. How to end the contract with us (including if you have changed your mind)
10.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1. Email. 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.
10.2. Returning testing kits after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at 9A Radford Street, Stone, ST15 8DA. If you are 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.
10.3. When we will pay the costs of return. We will pay the costs of return:
10.3.1. if the testing kits are faulty or misdescribed;
10.3.2. if you are ending the contract because we have told you of an upcoming change to the services or these terms, an error in pricing or description, a delay 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4. How we will refund you. Where we pay a refund, we will do so by the method you used for payment. However, we may make deductions from the price, as described below.
10.5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
10.5.1. We may make a deduction in respect of testing kits as set out in clause 9.4.
10.5.2. We may deduct from any refund an amount for the supply of services up to the time when you told us you had changed your mind. [The deduction will reflect the proportion of the services that we had performed.]
10.5.3. 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 a testing kit via standard royal mail first class at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
10.6.1. Where we have sent you a testing kit and you change your mind before using it, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.1.
10.6.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
11. If there is a problem
11.1. How to tell us about problems. If you have any questions or complaints about a testing kit or the services we provide, please contact us. You can telephone our patient service team at 01782 703007 or write to us at email@example.com, 9A Radford Street, Stone, ST15 8DA.
11.2. Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. If you wish to exercise your legal rights to reject products because we have breached our legal obligations, you must post them back to us. We will pay the costs of postage.
12. Price and payment
12.1. Where to find the price for the product:
12.1. Orders placed on line. The price of the product (which includes any applicable VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the product you order;
12.2. 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 on our website. 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 your order date, we will charge the lower amount. If the product’s 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.
12.3. VAT. VAT is not charged on supply of testing kits and testing services but may be charged on other goods and services that we provide.
12.4. When you must pay and how you must pay. All services must be paid for by debit or credit card. We accept payment with Visa, Maestro, Mastercard, Visa Electron, AMEX, and Delta. We may take payment at any time after sending you the email to confirm your order has been accepted.]
13. Our responsibility for loss or damage suffered by you
13.1. 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. 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.
13.2. 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; and for defective products under the Consumer Protection Act 1987
13.3. We are not liable for business losses. Services are provided to you in your personal capacity and not in connection with business or commercial purposes. If you use the services in relation to any business or commercial purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4. Testing accuracy. You rely on the test results at your own risk. So long as we use reasonable skill and care in providing the services, we cannot be responsible for any loss, damage, cost or harm that you or anyone else may suffer as a result of an inaccurate test result.
13.5. Important information. You confirm that you have read the information provided on our website
14. How we may use your personal information
(All test data including, but not limited to age, gender, location, tests and the results of the test remains our property.)
15. Other important terms
15.1. 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.
15.2. Subcontractors. We may subcontract to a third party performance of all or any part of the services that we have agreed to provide to you. This might include, but is not limited to, the laboratories that carry out analysis of the samples that you provide. You agree to us subcontracting the provision of all or part of the services in this way.
15.3. 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 15.2 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.
15.4. 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.
15.5. 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.
15.6. Which laws apply to this contract and where you may bring legal proceedings. 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.