Terms and conditions
Version number: 3
Effective date: 05/08/2021
1.2 We are Healthpath Ltd. Our company information is at the end of this document.
2. Definitions and minimum legal rights
2.1 Here are some definitions which are used in this document (all capitalised):
- “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Kit” – the test kit which we send you in connection our Service.
- “Service” – our testing service including supplying you with the Kit, arranging for laboratory analysis and providing you with the test results and any associated services.
2.2 We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
3. What this is all about – introduction to our terms and conditions
3.1 These are our terms and conditions which apply when you buy any goods via this site. (Separate terms apply when you buy our services such as tests or use our site.) We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They are available in English only.
4. Changing our terms and conditions
4.1 We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.
5.1 t is your responsibility to ensure that the goods are used only in accordance with any instructions provided.
5.2 While we believe that our products are beneficial in many ways, they are not intended to diagnose, prevent, or treat any medical condition or to be used as a substitute for medical advice and we make no promise that any particular “wellness” objective will be achieved. Please consult your doctor if you have or think you may have a medical condition.
6. How you order – and forming a contract with us
6.1 Your order is an offer to enter a legal contract with us.
6.2 You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and sending your order to us by clicking on the “Pay Now” button. You can check and amend any mistake before making an order by using the change function and/or the internet browser back button.
6.3 You must ensure that your order, including delivery address, and any other information you supply to us is correct and you tell us immediately if there are any changes.
6.4. We accept your offer and there is a binding legal contract when we send you a confirmation email. However, we are not obliged to supply any goods which are unavailable, even if we have accepted your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
7. Consumer right to cancel (“cooling off”)
7.1 If you are a Consumer living in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our website.
7.2 There is no right to cancel contracts for the supply of goods liable to deteriorate or expire rapidly.
7.3 You lose the right to cancel contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
7.4 If you do have the right to cancel, please see the instructions at the end of this document.
8. Who can use our Service?
8.1 You must not use, or attempt to use, our Service unless you are aged 18 or over and live permanently in the UK.
8.2 Unless you are a practitioner ordering for a named patient or a parent / guardian ordering for a child with our prior written consent (please email us), you may only order our Service for your own personal and private use. You must not order our Service for use by any another person including a family member. You must not pass the Kit to any other person or re-sell our Service.
9. Price and payment
9.1 The price for the goods you order is as stated on our site at the time you send us your order. Any applicable VAT or sales tax is included in any price shown.
9.2 Payment is in advance by the means stated on our payment page. We are entitled not to send off the goods until we have received full payment in cleared funds.
9.3 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB Our charges don’t include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.
9.4 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will provide a full refund of any payments already made.
9.5 You must contact us immediately with full details if you dispute any payment.
9.6 If any amount due to us is unpaid, or unjustifiably charged back, we may end this agreement on written notice (including email).
10. Discount codes
10.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
10.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
11. Use of our Service
11.1 You promise that all information that you supply to us in connection with your order is accurate and not misleading and that you will tell us if there are any important changes.
Receiving the Kit
11.2 We aim to send you the Kit promptly following your order. It is your responsibility to contact us promptly to request a (free) replacement if you do not receive it within three working days or any alternative period stated on our site.
Taking and storing the sample
11.3 It is your responsibility to carefully read and follow any guidance and instructions on our website or which accompany the Kit and to contact us for clarification if you are unsure about anything.
Sending the sample to us
11.4 You must send us the sample within 6 months of the order and also within the specified number of days after the sample was taken (as any longer period may affect the accuracy of the test). If not, then we reserve the right, without refund, to decline to fulfil the order.
11.5 When sending us your sample, you must use any envelope supplied. You are responsible for ensuring that the correct postage is paid (unless a freepost option is offered), that the sample are is correctly labelled and that the packaging is also correctly labelled including for postage of human samples.
11.6 We will notify you by email once we receive your sample. It is your responsibility to contact us if you have not received this notification within seven working days or any alternative period stated on our site (for example two working days in the case of coronavirus).
Sending you the test results
11.7 We will notify you by email once the test results have been posted to your Healthpath account within the specified period following receipt of your sample but you acknowledge that this is an estimate only and that the results may take longer, for example depending on the nature of the laboratory analysis required or due to the volume of tests. In case the notification email has gone astray, it is your responsibility to contact us if you have not received notification of your results within the estimated period.
11.8 Where applicable to the test you ordered, our practitioners will endeavour to supply their comments / recommendations within three working days, or any alternative period stated on our site. You acknowledge that these periods are estimates only.
Disclaimers – very important
11.9 You acknowledge that, as with any medical test, 100% accuracy of our tests cannot be guaranteed. For example, there is always a risk of either a “false positive” or a “false negative” test result. Accordingly, we are not legally responsible for incorrect test results and you rely on the test results at your own risk.
11.10 We are not doctors and our tests are not intended to diagnose medical conditions. You agree to consult your own doctor if you require medical advice in relation to the test results or any symptoms.
11.11 Any comments / recommendations supplied by our practitioners should not be treated as medical advice. Such comments / recommendations are not intended to diagnose, prevent, or treat any medical condition or to be used as a substitute for medical advice from your own doctor. We are not legally responsible for such comments / recommendations and you rely on them at your own risk.
11.12 We reserve the right to destroy any sample following transmission of test results.
12.1 Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates.
12.2 Delivery is only to the countries we specify and is otherwise subject to any restrictions on our delivery page. We reserve the right to cancel any order from a country to which we do not deliver (even if there is a binding contract).
12.3 Unless otherwise stated, delivery dates or period given on our website are estimates only. We have no liability for any losses arising from delay in delivery (a) to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you have failed to supply us with adequate delivery instructions.
12.4 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to immediately contact the courier to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available, or with a neighbour.
12.5 If the goods are undelivered arising from your failing to comply with this contract (e.g, providing an incorrect delivery address, not paying customs / import charges, not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you are responsible to pay us (a) the amount of any additional fee charged to us by the courier for returning the goods to us; and (b) any re-stocking or similar fee which our warehouse company charges us for handling the returned goods. We are entitled to require that such costs be paid before we arrange any re-delivery of the goods to you and/ or to add such costs to the amount of any future order by you and/or to deduct such costs from any refund (to the extent legally allowed).
13. Suspending or ending our Service
10.1 We reserve the right at any time, without refund, to suspend or end our Service if have reason to suspect that your use of our Service is in breach of our terms and conditions or if any amount due to us is unpaid or charged back.
14. Functioning of our website
11.1 We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.
15. Your account
15.1 Your account on our website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
15.2 We are entitled at any time for any reason after our contract to supply services to you has ended and with or without notice to terminate your account on our site and/ or to delete all test results and other data contained therein. It is your responsibility to download the test results (to the extent that they are downloadable) if you wish to save them for future use.
16. Liability – restrictions on our legal responsibility (IMPORTANT)
16.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
16.2 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- such loss or damage is caused by you, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
16.3 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
16.4 The following clauses apply only if you are not a Consumer:
- Our total aggregate liability of any kind (including our own negligence) is limited to the total fees paid by you to us in connection with our Service.
- In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data
(even if we have been advised of the possibility of such losses).
- You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
17.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
18. Events outside our control
18.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and pandemics.
19.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
20. English law and courts
20.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
21. General but important stuff
21.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
22.1 If you have any complaints, please contact us via the contact details shown below.
23. Company information
- Company name: Healthpath Ltd
- Trading name: “Healthpath”
- Country of incorporation: England and Wales.
- Registered number: 11355212
- Registered office and trading address: 85 Great Portland Street, London W1W 7LT, UK
- Contact email address: email@example.com
- Other contact information: See our website.
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the right to cancel this contract (as explained above):
Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. To exercise the right to cancel, you must inform us Healthpath Ltd, 85 Great Portland Street, London W1W 7LT, UK (email address above) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. f you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7. We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods.
8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
10. You will bear the direct cost of returning the goods.
11. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
MODEL CANCELLATION TEMPLATE
Complete and return this template only if you wish to cancel the contract:
— To Healthpath Ltd, 85 Great Portland Street, London W1W 7LT, UK
(email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate