Terms and Conditions
Terms for Patient
1. INFORMATION ABOUT US
We operate the website, www.yoursexualhealth.co.uk, we are Your Sexual Health Limited, a company registered in England and Wales under company number 08977575 and with our registered office at 83 Ducie Street, Manchester, M1 2JQ.
2. SERVICE AVAILABILITY
2.1 Our sites are only intended for use by people resident in or visiting the United Kingdom and the Republic of Ireland. We do not have to accept orders for the services from individuals outside of the UK or the Republic of Ireland.
2.2 Any Services to be provided to you by way of a Clinic Appointment or Mobile visit shall be performed by a clinic or practitioner appointed by us as our sub-contractor.
2.3 Any samples provided by you in accordance with the Services shall be submitted to our contracted laboratory in the United Kingdom for the purpose of carrying out the tests forming part of your order. 3. YOUR STATUS 3.1 By placing an order through our sites, you warrant that: 3.1.1 you are legally capable of entering into binding contracts; and 3.1.2 you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order for a test via our website or the telephone, you will be asked to confirm a suitable time. Once this has been done you will receive an e-mail from us acknowledging that we have received your order along with confirmation of the time you will be subject to our normal cancellation policy.
4.2 If you place your order on line for a Clinic appointment or Mobile appointment, you will be asked to choose two suitable clinic times. Once an appointment has been made for you at one of those times, that order will be accepted by us and you will be subject to our normal cancellation policy.
4.3 All orders are subject to acceptance by us, and we will confirm such acceptance to you by one of the following means:
4.3.1 Where your order relates to a Kit, by sending you an e-mail confirming that the order has been accepted and an indication as to when the Kit will be dispatched;
4.3.2 Where your order relates to a clinic or mobile appointment or, by contacting you via telephone, or email to confirm the details of your appointment, including the location of the clinic at which the Services are to be provided; (together the “Order Confirmation”). The contract between us (the “Contract”) will only be formed when we send you confirmation in accordance with this clause 4.2.
4.4 The Contract will relate only to those Services we have confirmed in the Order Confirmation. If you place an order for multiple Services we will not be obliged to supply all of the Services to you simultaneously. You will be informed in your Order Confirmation of any Services which will require an alternative delivery or appointment date (as appropriate).
5. DELIVERY POLICY
5.1 We use Royal Mail and DHL for all deliveries.
5.2 Our aim is to prepare your order and despatch on the same or next working day [Monday to Friday], which means that you receive your order within 2 to 5 days from the date it was dispatched. This may not always be possible depending on the volume of orders on our system so if your order has not been dispatched within 3 working days, please contact us directly.
5.3 Orders dispatched on a Royal Mail Service are not tracked.
5.4 We will use all reasonable endeavours to ensure these times are met, but cannot be held responsible for despatched parcels delayed by third parties, for example due to poor weather conditions.
5.5 If you do not receive your order within 5 working days from the date of dispatch, please contact us on 0161 660 2599 or email us at firstname.lastname@example.org.
5.6 We will replace lost or damaged orders free of charge.
5.7 IS A non-tracked service with Royal Mail. We ship to most countries.
5.8 Your order will not be tracked.
5.9 When ordering goods from our site for delivery overseas you may be subject to additional import duties and taxes, which are levied once the order reaches the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Contact your local customs office for further information.
5.10 Please be aware that there may be limitations on what can be sent to you with regards to specific items and order value. This may vary from country to country and we ask that you contact your local customs office for additional information. We cannot refund any shipping costs should your order be returned for any of these reasons.
5.11 If you do not receive your order within 20 working days, please contact us on 0161 660 2599 or email us at email@example.com
5.12 We will replace lost or damaged orders free of charge.
5.13 Our third party carriers may not be able to deliver to certain countries at particular times for reasons of politics, government, natural disaster or operational crises. In such circumstances your shipment will be returned to our mail centre and held till such a time that they are able to deliver to you. In these circumstances you may ask for the order to be refunded.
5.14 Large volume orders may be subject to additional shipping charges. This will be discussed with you prior to your order being dispatched.
6. CANCELLATION AND RETURNS
6.1 A Contract may be cancelled by you at any time prior to dispatch of the Kit for a full refund of the price paid for the Kit in accordance with our refund policy set out at clause 9 below.
6.2 Subject to earlier cancellation in accordance with clause 6.1, as you are contracting as a consumer, you may cancel a Contract relating to the Services at any time within seven working days of receipt, beginning on the day after you receive the Kit. In this case, you will receive a full refund.
6.3 Where a Contract is cancelled in accordance with clause 6.1, you must not use the Kit and you must return the Kit in its original and unopened packaging as soon as reasonably practicable, at your own cost. You have a legal obligation to take reasonable care of the Kit while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.4 You may cancel or rearrange a Contract relating to a clinic appointment/mobile appointment on giving not less than 48 hours notice in writing to us. On receipt of such notice we shall be entitled to deduct from the price paid by you in relation to the Clinic Appointment an administration fee of £50.00 for cancellations before crediting your credit/ debit card with the remaining balance, (subject to 6.6 below). Although you may cancel a Contract under this clause 6.4 on less than 48 hours notice we shall not be obliged to refund any payments made by you in relation to the Clinic Appointment/Telephone consultation if such notice is not received at least 48 hours prior to the appointment time. For rearrangements on less than 48 hours notice, a £50.00 admin fee will be charged.
6.5 If you wish to cancel a clinic appointment/mobile appointment that has been rearranged we are under no obligation to refund any payment to you
6.6 In the event that a Kit delivered to you under these Terms is damaged, faulty or in some other way unusable in accordance with the instructions provided, you must notify us within 7 days of receipt of the Kit, confirming the damage or fault to the Kit. Within 7 days of receipt of such notice we will arrange for a replacement Kit to be sent out to you.
6.7 Where a Clinic Appointment is paid for by a means other than credit or debit card payments, we shall not be obliged to refund any payment made by you in relation to the Clinic Appointment regardless of when the notice is received.
7. YOUR OBLIGATIONS
7.1 When placing an order for a Kit you accept that it is your responsibility to comply with all and any instruction included with the Kit and to return the Kit to us for testing within the time limit specified in the Kit.
7.2 When booking a clinic appointment/mobile appointment or ordering a kit it is your responsibility to provide the correct information regarding the incubation period for the tests you have ordered or any relevant information regarding any other recent healthcare tests. If you do not provide the correct information we are not obliged to refund any payment to you, if the doctor subsequently refuses to perform the test or you change your mind.
7.3 When booking a clinic appointment/mobile appointment you accept that it is your responsibility to attend the clinic appointment/mobile appointment at the time and on the date specified in the Order Confirmation and to comply with any instructions provided to you at that time. Failure to turn to attend the clinic appointment at the allotted time will be regarded as a cancellation see 6.4.
7.4 Failure to comply with the provisions of clause 7.1 and 7.2 will not entitle you to a refund of any price paid for the Services and may affect the accuracy of the results of any tests carried out on your behalf.
7.6 If you book a Clinic Appointment you are consenting to the sample collection procedure associated with that test. This includes testing your sample for HIV in case of a needle stick injury. You can withdraw that consent at any point up to when your sample is collected, and our normal refund and cancellation policy will apply.
7.7 If there is an emergency during phlebotomy such as (but not limited to) you feeling unwell or fainting, then we would call an emergency service and would need to disclose to them such details as they request about the circumstances.
7.8 We reserve the right to refuse to process a Kit returned to us for processing if such Kit is not receiving within 6 months of the date of dispatch, as set out in the Order Confirmation.
8. PRICE AND PAYMENT
8.1 The price of the Services and our delivery charges will be as quoted on our sites from time to time, except in cases of obvious error.
8.2 VAT is not payable in respect of the Services but may be charged for any other service offered by us.
8.3 Service prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 Our sites contain a wide range of Services and it is always possible that, despite our best efforts, some of the Services listed on our sites may be incorrectly priced. We will normally verify prices as part of our Order procedure so that, where the correct price of a Service is less than our stated price, we will charge the lower amount to you. If the correct price of a Service is higher than the price stated on our sites, we will normally, at our discretion, either contact you for instructions before providing the Order Confirmation, or reject your order and notify you of such rejection.
8.5 We are under no obligation to supply the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Unless expressly agreed otherwise by the parties, payment for all Services must be by credit or debit card. We accept payment with Visa, Maestro, Mastercard, Visa Electron and Delta. We will not charge your credit or debit card until after we have issued the Order Confirmation.
8.7 We may in our sole discretion offer you a discount from time to time on the price of our Services when your order comprises of two or more Services. Please note that the discount will only apply where the Services are ordered at the same time and Services ordered separately will not be eligible for this discount.
8.8 The offer of a free telephone consultation only stands when booked with a test/clinic appointment or after the consultation it has become apparent that you need a test/clinic appointment and a test is subsequently booked with us then the cost of the consultation (£50.00) will be discounted from the cost of your test. If after the telephone consultation it has become apparent that no test is needed or you have the test elsewhere then the £50.00 charge will remain.
9. OUR REFUNDS POLICY
9.1 If you return a Kit to us because you have cancelled the Contract in accordance with the provisions of clause 6 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Service in full (subject to any deductions permitted in accordance with these Terms) along with any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. OUR LIABILITY
10.1 Subject to clause
10.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
10.2 Nothing in this agreement excludes or limits our liability for:
10.2.1 death or personal injury caused by our negligence;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
10.2.4 defective Services under the Consumer Protection Act 1987; or
10.2.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.3 By proceeding with any test you are formally providing your informed consent to undergo a HIV, STI and/or STD test.
10.4 You agree that your use of the Services is at your sole risk. We cannot and do not warrant that the tests performed as part of the Services will be 100% accurate due to the nature of the tests being performed. You acknowledge that sexually transmitted diseases and/or infections may remain undetectable for several months and it is recommended that if you have any concerns with the results you should consult with your own medical practitioner or contact a member of our team who will be able to arrange a further appointment for you.
10.5 Any further appointment required in accordance with clause 10.4 may be subject to an additional fee, of which you will be made aware of at the time of booking.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to yoursexualhealth.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications networks; and
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
17.4 Nothing in this clause limits or excludes any liability for fraud.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems’ capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
19. LAW AND JURISDICTION
19.1 Contracts for the purchase of Services through our sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
19.2 Accepting these terms and conditions means you have accepted them in the English Language.