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Terms

Terms and Conditions

 

This page (together with the documents expressly referred to on it) tells you information about Source BioScience UK Limited ("We", "Us" and "Our") and the legal terms and conditions (together the "Terms") on which We will supply the sexually transmitted infection ("STI") testing services (Services) advertised to you.

These Terms will apply to any contract between Us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering Services.  Please note that by ordering Our Services from Us through Our Site or any other online selling platform, you agree to be bound by these Terms and the other documents expressly referred to in it.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in condition 7 below. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between Us and you, are only in the English language. 

1. Information about Us and how to contact us

1.1 We operate the website https://www.jbu-clinic.co.uk/ (Our Site). We are Source Bioscience UK Limited, a company registered in England and Wales under company number 4078501 and with Our registered office at 1 Orchard Place, Nottingham Business Park, Nottingham, NG8 6PX.  Our VAT number is 813 6499 14. 

1.2 To contact Us, please see Our Contact Us page https://www.jbu-clinic.co.uk/contact/. If We have to contact you or give you notice in writing, We will do so by e-mail or by pre-paid post to the address you provide to Us in your order. 

1.3 Our laboratories are CPA accredited (reference number: 0889).

1.4 When We refer in these Terms to "in writing", this will include e-mail.

1.5 When We refer in these Terms to "Working Days" we mean a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. 

2. Use of Our Site

Where accessing Our Site to purchase the Services, your use of Our Site is governed by Our Terms of use at https://www.jbu-clinic.co.uk/terms-of-use/.  Please take the time to read these, as they include important terms which apply to you.

3. How We use your personal information

We require the following information from you in order that We may provide you with Our Services: title, first name, last name, email address, house/flat number, street address, city and postcode, gender, date of birth, country of birth and preferred method of contact.

We only use your personal information in accordance with Our Privacy Policy at https://www.jbu-clinic.co.uk/privacy-policy/. Please take the time to read this, as it will explain how we process your personal information and for what purpose, and include important terms which apply to you.

4. How the Contract is formed between you and Us

4.1 You may only order Services from Us if you are at least 16 years old.

4.2 To place an order from Us, you will need to;

(a) select and order your STI testing kit;

(b) provide the necessary details to enable Us to process your order and provide the Services; and

(c) complete the required online payment process.

4.3 Acknowledging your order. After you place an order, you will receive an e-mail from Us acknowledging that We have received your order. The e-mail will contain your Unique ID and access key;

4.4 How we will accept your Order. Our acceptance of your order will take place when we provide you with acceptance confirmation, notifying you that the STI testing kit has been dispatched via the contact method selected by you (i.e. email, SMS or both) during the order process (Dispatch Confirmation).  The Contract between Us and you will only be formed when We send you the Dispatch Confirmation.

4.5 If We cannot accept your order. If We are unable to supply the Services to you, We will inform you of this by your chosen contact method and We will not process your order. If you have already paid for the Services, We will refund you the full amount as soon as possible but in any event within 14 days.

5. STI testing kits

5.1 Delivery. Following Our acceptance of your order to Us, We will send an STI testing kit by first class post to the address provided by you.  We estimate delivery of the STI testing kit to be within 5 Working Days of the date of your order.

5.2 If you have not received an STI testing kit within 5 Working Days of the date of your order, please get in contact with Us.

5.3 We are not responsible for delays outside Our control. If our supply of the STI testing kit is delayed by an Event Outside Our Control (as defined in condition 16.2 below), 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 Services you have paid for but not received.

5.4 Following receipt of the STI testing kit, you should follow the instructions enclosed within the STI testing kit, and return the test pack with your sample to Us as soon as possible (and in any event within the time frame set out in the STI testing kit) and in the envelope and packaging provided.

5.5 We are not liable for any loss of or damage to any Sample which occurs in transit. It is your sole responsibility to organise insurance cover (where you consider appropriate) for any samples in transit. In the case of loss or damage during transit, a new sample will be required in order to complete the Services and, accordingly, this must be re-submitted at your expense.

5.6 In the unlikely event that there is a defect with the STI testing kit, please contact Us immediately and We will send a new STI testing kit.  The defective testing kit should also be returned to Us by post using the pre-paid envelope and packaging provided.

6. Services

6.1 Following receipt of your sample, We will endeavour to test your sample and provide your results within ten (10) Working Days of receipt (but in most cases expect timescales for completion of testing to be shorter). However there may be delays due to an Event Outside Our Control (as defined in condition 16.2 below).  Please see condition 16 below for Our responsibilities when an Event Outside Our Control happens.

6.2 Reasons We may not be able to provide the Services. We will not be able to provide the Services in the event that:

(a) you fail to return the testing kit to Us with your sample; or

(b) the sample sent to Us is defective. A defective sample (Defective Sample) means a sample which contains an insufficient volume of DNA, a sample that has been collected in the incorrect container, a sample that is evidently damaged, a sample that has been contaminated or impure, a sample of a quantity that is less than that required, a sample which does not meet Our quality control process, or otherwise a sample that has not been collected in accordance with Our instructions to you. Visit the FAQ  page on Our website for more information about how to avoid a Defective Sample: https://www.jbu-clinic.co.uk/faq/.

6.3 If We are able to provide the results to your test We will notify you when your results are ready by the contact method that you selected.  Your results will be made available to you securely on Our Site with your order ID and access key.

6.4 If We are unable to provide results to your test We will notify you by the contact method you have selected.  If We are unable to provide the Services for the reasons set out in condition 6.2 above, you will still be required to pay for the Services in full and you will not be entitled to any refund.

6.5 Reasons We may suspend the supply of Services to you. We may have to suspend the supply of Services to:

(i) deal with technical problems or make minor technical changes; or

(ii) update the Services to reflect changes in relevant laws and regulatory requirements.

6.6 Your rights if we suspend the supply of Services. We will contact you in advance to tell you We will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact Us to end the Contract for the Services if We suspend it, or tell you We are going to suspend it and We will refund any sums you have paid in advance for Services that you have not received within 14 days.

7. Our right to make changes

7.1 Minor changes to the Services. We may change the Services:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not materially affect your use of the Services.

7.2 More significant changes to the Services and these Terms. Where we make significant changes to the Services and/or these Terms We will notify you and you may then contact Us to end the Contract before the changes take effect and receive a refund for any Services paid for but not received.

8. Your rights to end the Contract

8.1 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 and when you decide to end the Contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the STI testing kit replaced or the Services re-performed or to get some or all of your money back), see condition 10;

(b) If you want to end the Contract because of something We have done or have told you We are going to do, see condition 8.2;

(c) If you have just changed your mind about the Services, see condition 8.3 -8.5. 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, including the STI testing kit;

(d) In all other cases (if We are not at fault and there is no right to change your mind), see condition 8.6.

8.2 Ending the contract because of something We have done or are going to do. If you are ending the 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 Services which have not been provided and you may also be entitled to compensation. The reasons are:

(a) We have told you about an upcoming significant change to the Services or these terms which you do not agree to (see condition 7.2);

(b) 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;

(c) there is a risk that supply of the Services may be significantly delayed because of an Event Outside Our Control (see condition 16);

(d) We have suspended supply of the Services for technical reasons (see condition 6.5); or

(e) you have a legal right to end the Contract because of something We have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For 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, are explained in more detail in these Terms.

8.4 When you don't have the right to change your mind.  You do not have a right to change your mind in respect of Services once these have been completed, even if the cancellation period is still running.

8.5 How long do I have to change my mind? You have 14 days after the day We provide you with your Dispatch Confirmation. 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 any costs incurred or committed by Us in performance of the Services provided up until the time you tell Us that you have changed your mind.

8.6 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 do not have a right to change your mind (see condition 8.1 above), you can still end the Contract before it is completed, but you may have to pay Us compensation. A Contract is completed when We have finished providing the Services and you have paid for them. If you want to end the Contract in these circumstances, just contact Us to let Us know. The Contract will end immediately and We will refund any sums paid by you for Services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the Contract with Us (including if you have changed your mind)

9.1 Tell Us you want to end the Contract. To end the Contract with Us, please let Us know by doing one of the following:

(a) Email. Email Us at enquiries@jbu-clinic.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the Contact Us form on Our Site: https://www.jbu-clinic.co.uk/contact/.

(c) By post. Or simply write to Us at Source Bioscience UK Limited at 1 Orchard Place, Nottingham Business Park, Nottingham, NG8 6PX, including your order reference and your reason for wanting to end the contract.

9.2 How We will refund you.  We will refund you the price you paid for the Services including delivery costs, by the method you used for payment. However, We may make deductions from the price, as described below.

9.3 Deductions from refunds. If you are exercising your right to change your mind We will reduce your refund of the price to cover the net costs incurred by Us in providing the Services up to the date you provided us with notice of cancellation.

9.4 When your refund will be made. We will make any refunds due to you as soon as possible but in any event within 14 days of your telling Us you have changed your mind.

10. If there is a problem with the Services

10.1 How to tell Us about problems. If you have any questions or complaints about the Services, please contact Us by e-mail at enquiries@jbu-clinic.co.uk  or by post to 1 Orchard Place, Nottingham Business Park, Nottingham, NG8 6PX.

10.2 Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Services. 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.

The Consumer Rights Act 2015 says:

  • 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.

  • if you haven't agreed a price upfront, what you're asked to pay must be reasonable.

  • if you haven't agreed a time upfront, it must be carried out within a reasonable time.

 

11. Your obligation to return STI testing kits.

11.1 If the Contract is ended for any reason after the STI testing kit was delivered to you:

(a) you must return the STI testing kit to Us in the same condition it was delivered to you in, unused and sealed within its original packaging as soon as reasonably practicable; and

(b) unless the STI testing kit is faulty or not as described (in this case, see condition 5.6 above), you will be responsible for the cost of returning the  STI testing kit to Us.

11.2 When We will pay the costs of return. We will pay the costs of return:

(a) if the STI testing kits are faulty or misdescribed; or

(b) if you are ending the Contract because We have told you of an upcoming significant change to the Services or these terms, an error in pricing or description, a delay in delivery due to an Event Outside Our Control (please see condition 16 below) 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.  

12. No international delivery

12.1 Our online offerings are solely for the promotion of our Services in the UK. Unfortunately, We do not delivery to addresses outside the UK.

12.2 You may place an order for Services from outside the UK, but this order must be for delivery to an address in the UK.

13. Price of Services and delivery charges

13.1 Where to find the price for the Services. The prices of the Services will be as quoted on Our Site or, where applicable, the online selling platform you are purchasing Our Services through, at the time when you place your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However if We discover an error in the price of the Services you ordered, please see condition 13.5 below for what happens in this event.

13.2 Prices for Our Services may change from time to time, but changes will not affect the price for any order which We have confirmed with a Dispatch Confirmation.

13.3 The price of the Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

13.4 The price of the Services includes delivery charges for the STI testing kit.

13.5 What happens if We got the price wrong. It is always possible that, despite Our reasonable efforts, the Services may be incorrectly priced.

13.6 We will normally check prices before accepting your order. If, prior to sending Dispatch Confirmation, We discover that the Services' correct price at your order date is less than our stated price at your order date, We will charge the lower amount. If We discover that the Services' correct price at your order date is higher than Our stated price at your order date, We will inform you of this error and We will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until We have your instructions. If We are unable to contact you using the contact details you provided during the order process, We will treat the order as cancelled and notify you in writing.

13.7 Where we send you a Dispatch Confirmation but the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We may end the Contract and refund you any sums you have paid and require that you return any sample kits provided to you.

14. When you must pay and how to pay

14.1 Where using Our Site You can only pay for Services using a debit card or credit card.  We accept the following cards:

paymentcards

14.2 Payment for Services ordered through other online selling platforms shall be accepted in accordance with the payment facilities offered by the online selling platform provider.

14.3 Payment for the Services and all applicable delivery charges must be made in advance.

14.4 We can charge interest if you pay late. If you do not make any payment to Us by the due date We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

14.5 What to do if you think Our charges are wrong. If you think Our charges are wrong please contact Us promptly to let Us know and We will not charge you interest until We have resolved the issue.

15. Our responsibility for loss or damage suffered by you

15.1 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 breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into the Contract.

15.2 We are not responsible for loss or damage suffered due to your errors or omissions or any defects in the sample you provide Us with. We will not be liable for any failure by you to comply with these Terms or any error in the results arising from the provision of the Services that is due in whole or in part to a Defective Sample that you provide Us with (see condition 6.2(b)).

15.3 We are not liable for business losses. We only supply the Services to you for your own private use. If you use the Services for any commercial, business or re-sale purposes, We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.4 We do not in any way exclude or limit Our liability for:

(a) death or personal injury caused by Our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any other matter which it would be unlawful for Us to exclude or redirect liability.

16. Events outside Our control

16.1 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 an Event Outside Our Control. An Event Outside Our Control is defined in condition 16.2 below. 

16.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) 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 Services you have paid for but not received.

17. Other important terms

17.1 We may transfer this agreement to someone else. We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect your rights or Our obligations under these Terms.

17.2 You need Our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

17.3 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.

17.4 If a court finds part of this contract illegal, the rest will continue in force. Each condition contained in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

17.5 Even if We delay in enforcing this Contract, We can still enforce it later. If We fail to insist that you perform any of your obligations under these 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.

17.6 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 Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.