Your agreement with us:
1. TERMS AND CONDITIONS
"We" are Medinow Ltd, a limited liability company company registered in England and Wales.
"You" are the customer who has accessed our website or called our telephone number and intends to place or has placed an order for our Product(s).
Test results and comments or interpretation provided by us in relation to those results are for the purposes of information only. They may provide a guide to help you understand your health but do not, and are not intended to, constitute a clinical diagnosis. This laboratory testing service is not a substitute for proper medical investigation and advice. Our comments are based on information available to us at the time, which information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from. If you have any concerns regarding your health or your test results you should discuss them directly with your GP or a Medinow doctor via a medical consultation appointment.
Based on the results of your test(s) and/or other information that you have provided to us, we may recommend that you purchase a follow-up test or that you speak to your GP for further investigation or both. You agree that you are solely responsible for acting on such guidance and that Medinow accepts no liability in the event you choose not to do so.
If you wish to contact us for any reason, including cancelling a Contract (as defined in paragraph 4 below) or to make a complaint, you can contact us by e-mailing us at firstname.lastname@example.org
If you contact us please include your order confirmation number to help us identify it.
If we need to contact you we will do so by e-mail, phone or occasionally by letter using the contact details you provide to us in your order. By providing us with your contact details you give us your consent to contact you about the service we provide and Products (as defined in paragraph 2 below) you have bought or enquired about. If necessary we may leave you a message. We do not send test results to you by email unless you expressly ask us to do so. It is your responsibility to ensure that your contact details are kept up-to-date.
2. OUR PRODUCTS
We are a medical organisation that provides an online service whereby you can order a medical test either online or by telephone. Each test has a page on our website that sets out whether:
a testing kit can be posted to you to carry out at home, or
you can make a home / office visit appointment, or
you can attend a clinic to have a sample taken.
All samples taken using the testing kit provided must be sent back to one of our laboratories on the day it is taken (in the pre-paid envelope provided) to enable the sample to be analysed.
The test results will be e-mailed to you.
We may contact you by telephone regarding your sample and test results if necessary.
You may only purchase Products from our website if you are at least 18 years old and are providing your own sample for testing. You must also provide us with certain personal information, including your name, address, gender and date of birth in order to purchase a test. Name and date of birth are standard means of identifying biological samples at our partner laboratories.
Some of the tests sold by Medinow are specialist pathology tests. You agree that you are solely responsible for selecting tests and that any tests you do purchase from Medinow are suitable for you and their intended purpose. If in doubt please talk to your doctor or a qualified medical professional.
3. MEDICAL QUESTIONNAIRE AND HOW WE USE YOUR PERSONAL INFORMATION
To enable us to effectively provide the Product you may be required to complete a short medical questionnaire. The medical questionnaire asks for basic information in relation to your medical history, lifestyle, family health history and gender-specific details. You are also given the option to provide details of symptoms you may be suffering or other medical or lifestyle information you feel may be relevant to the test at the time you place an order.
It is not compulsory to provide this information but it may assist us to provide a more relevant interpretation of your test results.
Except as set out below, any information that is collected from the medical questionnaire and/or the test results will be used solely in relation to the Products you have purchased from us. By placing an order you give us your consent to pass any and all relevant information about you on to our partner clinics and laboratories (which may be located in countries outside of the EU) and/or to our employees and agents for the purposes of preparing your sample and analysing and interpreting the results. We may use your information for our own business analysis, product development and marketing purposes and may pass information about you to third parties engaged by us under a duty of confidence to assist us in these tasks. We will not sell or pass on your personal information to third parties to enable them to contact you directly or market their products or services to you. Your information may also be used, on an anonymous basis, by us and third parties engaged by us for the purpose of scientific research or examining aggregate medical or clinical trial data.
None of your personal information will be passed on to your doctor or any other third party, other than for those reasons set out above.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
Payment must be received in full in cleared funds prior to us processing your order. Once payment is received, we will confirm our acceptance to you by sending you a confirmation email ("Acceptance Confirmation"). The contract between us will only be formed on the date we send you the Acceptance Confirmation (the "Contract").
The test is valid for 6 (six) months from the date we post the testing kit to you (the "Validity Period") - see paragraph 7 for further information about the dispatch of the testing kit. If you do not send a sample to the laboratory within the Validity Period your test will expire and you will not be entitled to a refund.
If for any reason we are unable to fulfil your order, we will inform you by email or by phone and will not send an Acceptance Confirmation. If you have already paid for the test we will refund you the full amount within 7 working days. A working day is any day other than a Saturday, Sunday or public holiday in the UK ("Working Day").
By purchasing a test and sending a sample to one of our laboratories you are giving Medinow and its partner laboratories your informed consent to perform the tests you have ordered.
5. HOW TO PAY
You may pay for Products using a debit or credit card and this includes MasterCard, Visa, American Express, Visa Electron, Switch, Solo, Maestro or JCB. We also accept payment via PayPal.
6. PRICE OF PRODUCTS AND DELIVERY CHARGES
The price of the Products will be as quoted on our website at the time you submit your order.
You will pay an additional charge if you purchase phlebotomy sample collection at home, office or clinic locations or if you choose any of the optional extras (all of which are clearly priced) prior to completing your purchase.
If you choose to return any samples to our laboratory via recorded or guaranteed next day delivery you will do so at your own cost.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes VAT at the applicable current rate chargeable in the UK for the time being.
7. DISPATCH AND DELIVERY
After your payment has been processed and you have received an Acceptance Confirmation we will send you a testing kit (if required) by first class post and you should receive it within 2 (two) Working Days, within the United Kingdom, unless otherwise stated on our website. We do not guarantee that the testing kit will arrive within 2 (two) Working Days. Further delivery options (e.g. next day delivery) may be available at an extra cost during the checkout process.
Delivery of a testing kit shall be completed upon our first attempt to deliver it to the address you have provided and the testing kit and sample will be your responsibility from that time until it reaches our laboratory for analysis.
If you lose or damage your testing kit, we will send you a replacement kit subject to payment by you of £25 to cover the cost of doing so.
If your testing kit arrives in the post damaged, we will send you a replacement kit as soon as you notify us.
8. SAMPLES AND TEST RESULTS
Any sample you send (whether it is blood, tissue, bodily fluid, or other biological sample) to one of our laboratories for analysis will be analysed only in relation to the test or tests that you have ordered.
Certain tests require you to fast for a minimum period prior to collecting a sample, refrain from consuming alcohol beforehand, take your sample at a certain time of day, or prepare in other specified ways. We will provide you with clear instructions if you order a test with special sample requirements and it is imperative that you follow these instructions carefully to ensure reliable test results.
Samples for certain tests can be collected by you using the self-collection kit we send you. These tests are clearly marked on the website. We will send a collection kit as soon as your order has been accepted. Please follow the enclosed instructions carefully and return your sample using the pre-paid envelope provided on the same day it was taken.
Some tests require a venous blood sample to be taken by a qualified phlebotomist. When ordering these tests, you will be given the option of arranging sample collection yourself at your own cost, attending one of our partner clinics to have a sample drawn or having a phlebotomist visit you at home to take a sample. If you choose to attend a partner clinic or have a home visit a charge which is clearly displayed on the website will be added to your order. In each case, we will send you a collection kit for use by the phlebotomist to collect your sample. You are then responsible for sending the sample in the envelope provided to the laboratory on the same day it was collected.
Please ensure that you arrive for phlebotomy appointments in good time. If you do not attend pre-booked appointments, are late or cancel without reasonable notice you may be liable for cancellation charges and/or further costs to rebook your appointment.
Home or office phlebotomy visits, once confirmed to you, cannot be cancelled without incurring a charge. They may be rearranged with sufficient notice - at least 48 hours before a visit is due to commence. Please ensure you are at home at the agreed time or you will be liable for cancellation charges and/or further costs to rebook your visit.
You must send samples collected in accordance with the enclosed instructions provided with the test kit to the laboratory using the pre-paid envelope provided on the day the sample was taken to ensure that it arrives at the laboratory the following day. Failure to do so may lead to deterioration of your sample which could affect the accuracy of your test results. We do not accept responsibility for results that are compromised due to delays in returning samples or where samples are lost in the post. If you are concerned that your usual postal service will not result in next day delivery, we recommend that you return your sample using a guaranteed next-day service. This will be at your cost.
Occasionally the laboratories are unable to test samples sent to them. This may be because the amount collected is insufficient for full analysis, the sample has deteriorated or clotted or because it has haemolysed (where red blood cells damaged during sample collection leak their contents into the surrounding plasma). Testing failure most commonly occurs with blood samples taken using finger-prick home collection kits. If the laboratory cannot test your sample, we will send a second home collection kit to you at a cost of £25 for you to repeat the process. If this second sample cannot be tested, we will give you the option to make an appointment for a home, office or clinic visit to have blood drawn by a phlebotomist (for which you will pay an extra charge).
Due to special sample collection requirements, a small number of our tests require you to visit the relevant laboratory in order to have your sample taken. These are clearly noted on our website and we will provide you with instructions on what to do when you have placed your order. Generally, the laboratory provides a drop-in service (no appointment required) and you will not need to take a sample collection kit with you.
In some cases, samples may be stored by our laboratories for up to 4 weeks after the initial analysis has been carried out to give you the opportunity to order further tests or to repeat the analysis at an additional cost ("Storage Period"). Samples will be destroyed once the Storage Period has expired.
Every test on our website has a corresponding turnaround time which is an estimate of the time it will take for your sample, once received by the laboratory, to be tested and the test results e-mailed to you ("Turnaround Time"). It is an estimate only and is stated in Working Days. It is not binding on us and we do not guarantee that test results will be available in the published Turnaround Time. If you purchase multiple tests in one order we may, in certain circumstances, make results available to you only when the results of all tests have been received from the laboratory. The longest Turnaround Time for all of the tests ordered will apply in this case.
9. CANCELLATIONS AND REFUNDS
You may cancel your order at any time before a sample collection kit has been dispatched to you and receive a full refund.
Once your testing kit has been dispatched, you have up to 30 days to cancel the order. You must return the testing kit if we have sent one to you to Medinow Ltd, 160 City Road, London, EC1V 2NT, United Kingdom. If the testing kit you return is unopened, complete, unused and undamaged, we will give you a full refund. If the returned kit is open, incomplete, used or damaged in any way, you may incur a cancellation charge of £25 to cover the cost of the kit. This charge will be deducted from the total amount refunded to you.
This cancellation right does not apply if:
you have already had a sample taken at a clinic, laboratory or at home as arranged by us
you have failed to attend a confirmed appointment for phlebotomy arranged in connection with your test;
you have already sent your sample to the laboratory for analysis;
or the 30-day cancellation period has expired.
Your legal right to cancel a Contract starts from the date you receive the Acceptance Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Your 30-day deadline for cancelling the Contract in relation to any testing kit that has been dispatched starts from when you receive the confirmation email that the testing kit has been dispatched.
To cancel a Contract, please send us an email stating that you wish to cancel and the reason for the cancellation. Please email your cancellation request to email@example.com. Your reason for cancellation will not affect your right to cancel the order.
If you send us your cancellation request by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you send your email before midnight on the last day of the cancellation period.
If you cancel your Contract within the cancellation period and you are entitled to a refund we will refund you the price you paid for the Product(s):
within 7 Working Days of receiving a cancellation request if your request is received in relation to testing kits that have not yet been dispatched; or
within 7 Working Days of receiving the returned testing kits that have already been dispatched.
If you have returned the testing kit to us within the cancellation period because they are faulty, we will refund the price of the Products in full.
We will refund you on the credit card or debit card used by you to pay.
10. OUR LIABILITY
The Products you purchase from us are for private use only and you agree not to use the Products for any commercial purpose. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.
Subject to the details in paragraph 10, our total liability to you resulting from a Contract is limited to the total value of that Contract - meaning the price you paid for the Products and any additional services. In particular, we are not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:
the sample you send being lost, delayed or damaged in transit or via post from you to us;
the laboratory is unable to test your sample for any reason;
any injury you may suffer when using finger-prick lancets unless the lancet is shown to be defective;
test results not being made available to you within the turnaround time stated for any Product;
your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting;
your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;
your failure to show out-of-range test results to your GP or doctor if you opt to receive express results without them being reviewed by our medical staff;
your failure to send a sample to the laboratory for testing within the Validity Period outlined in paragraph 4;
your failure to attend a pre-booked phlebotomy appointment or home visit or your failure to take your sample collection kit with you to an appointment;
loss or damage that is not foreseeable;
Events Outside Our Control as described in paragraph 11.
If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
It is your responsibility to ensure that the relevant sample has been collected and sent to our laboratory within the Validity Period
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) as amended by the Consumer Rights Act 2015;
any breach of the terms implied by section 9 to 11 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
11. EVENTS OUTSIDE OUR CONTROL
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 any act or event beyond our reasonable control (an "Event Outside Our Control").
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you, and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of testing kits to you, we will arrange a new delivery date with you once the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the Contract.
12. OUR RIGHT TO VARY THESE TERMS
We may amend the Terms from time to time.
Every time you order Products from us, the Terms in force at the time of placing your order will apply to the Contract between you and us.
If we have to revise the Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and what orders will be affected. We will let you know how to cancel the Contract if you are not happy with the changes and you may cancel in respect of any testing kit received (so long as it has not been opened, used or damaged) or just the testing kit you are yet to receive, or both (if applicable).
If you opt to cancel the Contract, you must return any relevant testing kit you have already received (that has not been opened, used or damaged) and we will arrange a full refund of the price you have paid once we receive the returned testing kit.
13. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Terms.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that the Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
Medinow Limited is a limited liability company registered in UNITED KINGDOM. Our office address is with a registered office at Kemps House, 152 to 160 City Road, London, EC1V 2NT, United Kingdom .
The Medinow website is the intellectual property of Medinow Limited.