1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services, including but not limited to Covid-19 PCR tests, POCT rapid antigen tests and antibody tests and other health test kits both available by post and in-store (Services) through the following websites (Websites):
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 products 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 Raylane Ltd a company registered in England and Wales. Our company registration number is 03429705 and our registered office is at Kingsnorth House, Blenheim Way, Birmingham, West Midlands, B44 8LS. Our registered VAT number is 695898148.
2.2 How to contact us. You can contact us by telephoning our customer service team by writing to us at email@example.com or on the following numbers:
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. Our acceptance of your order will take place when we email you to accept it, 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 in writing and will not charge you for the product or will refund you for the product if you have already been charged. This might be because the product is out of stock, a lack of lab capacity, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Service suitability. The Services are not suitable for anyone showing symptoms of Covid-19 or anyone who things they made have Covid-19. If you have any symptoms, please stay at home and follow UK government guidance. Customers using the Services must be five years of age and over.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
3.6 Test Processing. We will, in some circumstances, utilise a third-party laboratory to process test kits. By agreeing to these terms you provide your authority that we may share your personal data for the following purposes:
(a) to the extent necessary for such test kits to be processed; and
(b) for the laboratory to satisfy requirements under public health legislation in relation to reporting of Covid-19 test results to the UK Health Security Agency (UKHSA).
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the product 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 product, 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 10 - Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so 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 products paid for but not received.
7. Providing the products
7.1 Delivery. The costs of delivery will be as displayed to you on our website and are made by a third-party courier. All delivery dates are estimates and not guaranteed, unless a next day service is selected and paid for.
7.2 Packaging. Whilst we reverse the right to use any form of delivery and packaging, generally any packaging will be discreet with a plain unprinted outer package.
7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you including whether these will be delivered to you or if they will be made available to you in clinic. Delivery of products will only be made to the address stated on the booking confirmation after you complete the online booking form on our website. It is your responsibility to enter the correct delivery address at the time of ordering. If the incorrect address is given, we are not obliged to re-send the order to the correct address. You are advised to contact Customer Services at firstname.lastname@example.org immediately if you make a mistake with your delivery address as once an item is shipped the address cannot be amended.
7.4 Partial delivery. Once an order has been placed if, for any reason, we are unable to ship any part of it, we may at our discretion, send part of the order that is in stock or remove item(s) from the order. In this instance, a refund will be made to you and a note made on the invoice enclosed within the package.
7.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control 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 products you have paid for but not received.
7.6 Collection by you. If you have asked to collect the products from our clinics, you can collect them from us at the location and times as specified in the order confirmation email.
7.7 Postal insurance. Regardless of order value, your order is only covered for insurance up to £50.00. If any package is of a higher value than this, it is your responsibility to obtain additional postal insurance. Details of these costs can be obtained by contacting Customer Services at email@example.com.
7.8 Missing parcel. A package can only be reported as missing to the courier if it has not arrived within 15 working days (3 weeks). Most missing items are located within the postal system within this time period. If after 15 days an order has still not been received, you are advised to contact Customer Services at firstname.lastname@example.org with your order number and full name and address. Customer Services will then issue a claim with the relevant courier and will then arrange to either refund or resend the order.
7.9 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we or the courier will leave you a note informing you of how to rearrange delivery.
7.10 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we or the courier will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our or the courier’s reasonable efforts, we or the courier are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
7.11 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.12 When you own goods. You own a product which is goods once we have received payment in full.
7.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the information requested on our order forms (Order Forms) on the Websites. If so, this will have been stated in the description of the products or the Order Forms on our Websites. We will contact you in writing to ask for this information should you not already have provided it. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.14 Accuracy of information you provide. 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. We take no responsibility for incorrect information on any forms, certificates or results notifications if that information has been supplied by you.
7.15 Test results. You hereby agree to undergo the swab test. You acknowledge that the test results will remain confidential and only accessible to you, the medical team, the laboratory processing your test and the UKHSA in accordance with public health legislation.
8. Booking Appointments
8.1 You can see all the services available to book online on our appointment booking pages of the Websites. For all other appointments visit the Websites.
8.2 You can amend or cancel your appointment in the following ways:
(a) following the cancellation link on your appointment confirmation email; or
(b) contacting us on the contact details at clause 2.2.
8.3 For information about the services available in clinic, please visit our Websites.
9. Test results and Covid-19 status
9.1 Covid-19 test results. We will take reasonable steps to email or text you the test results and certificates within the agreed timescale as set out on our website. It is your responsibility to contact us promptly if you have not received notification of your results within the expected period. We take no responsibility for late test results that have been caused by systems and circumstances out of the scope of our service other than as set out in clause 11 below.
9.2 Accuracy of Covid-19 tests. 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 and there is a risk that the test will not cover a new Covid-19 variant.
9.3 Positive Covid-19 result. You acknowledge that in the event that your Covid-19 test has a positive result then, as is required by law pursuant to the Public Health (Control of Disease) Act 1984 and the Health Protection (Notification) Regulations 2010, your test result and personal details, which may include your name, date of birth, gender, home address, telephone number, NHS number, occupation, place of work, ethnicity and the fact that you have tested positive for Covid-19 must be communicated to Public Health England and/or NHS Track and Trace, either directly or by any laboratory that we subcontract.
9.4 Covid-19 status. You hereby declare that you understand and acknowledge all consequences that may arise from knowing your status if you test positive for Covid-19 and will follow instruction from the relevant government institutions. You agree to consult further with local health agencies or government institutions if your swab test returns a positive result and to take precaution or treatment measures determined for your and public safety to contain the outbreak.
9.5 Inconclusive or void Covid-19 result. In the event of inconclusive or invalid test results, including void results due to failure of the test kit that we provide, we will offer a replacement test at our cost as soon as possible.
10. Suitability of Covid-19 Tests
10.1 Suitability for destination. Due to the constantly changing global environment and varying country border entry requirements, we are unable to provide specific guidance on whether a specific test or laboratory is suitable for your destination.
10.2 Suitability of timing of test. Due to the constantly changing global environment and varying country border entry requirements, we are unable to provide guarantees of when samples should be taken in order to satisfy border entry requirements. Any information we may provide in this regard to you over the phone, in writing or on our website is purely advisory and we take no responsibility for the accuracy or completeness of such information. It is your sole responsibility to determine when you need to take your test. All purchases are at your own risk.
10.3 Suitability of type of test. Customers travelling to England must check on the Government website the testing requirements required dependent on the country they are travelling from. Due to the constantly changing global environment we are unable to provide guarantees of which test(s) should be purchased and taken. Any information we may provide in this regard to you over the phone, in writing or on our website is purely advisory and we take no responsibility for the accuracy or completeness of such information. It is your sole responsibility to determine which test and when you need to take them. All purchases are at your own risk.
11.Your rights to end the contract
11.1 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 product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c) If you have just changed your mind about the product, see clause 11.3. 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].
11.2 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 (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products 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.
11.4 When you don't have the right to change your mind. Subject to clause 9.5, you do not have a right to change your mind in respect of products which have been used to obtain a sample from you or by you.
11.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless: (i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
12. How to end the contract with us (including if you have changed your mind)
12.1 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) Phone or email. Contact Customer Services on the details provided at clause 2.2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the “Get in Touch” form on our Websites.
(c) By post. Or simply write to us at the address noted on your order confirmation, including details of what you bought, when you ordered or received it and your name and address.
12.2 Returning products 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 either return the goods in person to where you bought them, post them back to us at Millard & Bullock Pharmacy, Unit 2 Josiah Houses, Castle Street, Coseley, Bilston, WV14 9DD or (if they are not suitable for posting) allow us to collect them from you. Please contact Customer Services on the details provided at clause 2.2 for a return label or to arrange collection. 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.
12.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery 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.
12.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will not exceed £5.00.
12.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
12.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) Where delivery costs have been charged on your order, 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 product within 3-5 days 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.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
12.7 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:
(a) If the products are goods and we have not offered to collect them, 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 12.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
13. Our rights to end the contract
13.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the information requested on our Order Forms on the Websites; or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14. If there is a problem with the product
14.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact Customer Services on the details provided at clause 2.2. Alternatively, please speak to one of our staff in-clinic.
14.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. 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.
If your product is goods, for example a Covid-19 test kit, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 11.3.
If your product is services, for example an in-clinic consultation and recommended testing, the Consumer Rights Act 2015 says:
a) 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.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
14.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact Customer Services on the details provided at clause 2.2 for a return label or to arrange collection.
15. Price and payment
15.1 Where to find the price for the product. The price of the product (which includes 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 15.3 for what happens if we discover an error in the price of the product you order.
15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
15.3 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. 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.
15.4 Payment. We accept payment for certain products upon placing your order on our Websites by debit or credit card using our secure payment Opayo (formerly Sage Pay) which ensures that your payment details are kept secure. As none of the information you submit comes through the Websites, we will not at any time access or retain any credit or debit card information. For further details on Opayo security please go to https://www.opayo.co.uk/policies/security-policy. Some products will require payment in-clinic and you will be notified of such upon our Websites.
15.5 Discounts. We may offer discount codes from time to time. 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: (a) are only available for new orders placed online; (b) cannot be used retrospectively; (c) can only be redeemed once per customer; and (d) may expire at any time at our discretion. 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 shall be in our sole discretion. We reserve the right to reject any discount code or link if we consider that it is being used in breach of these terms. We reserve the right to discontinue or otherwise modify any discount codes or links at any time without prior notice.
16. Our responsibility for loss or damage suffered by you
16.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
16.2 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; for breach of your legal rights in relation to the products as summarised at clause 14.2; and for defective products under the Consumer Protection Act 1987.
16.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.4 Limit of liability. So far as is lawfully permitted, our liability will not exceed the cost charged to you for the Services.
16.5 Incorrect customer information. We will not be held liable for any losses, costs or damage that you suffer or incur as a result of any incorrect information provided by you at the time of your order or on your certificate. It is your responsibility to check that all information is correct before you travel.
16.6 Positive result. We will not be held liable for any losses, costs or damage that you suffer or incur as a result of receiving a positive test result (including, if you are unable to travel as a result of testing positive).
16.7 Changes to travel guidelines. We will not be held liable for any losses, costs or damages that you incur as a result of changes to Government guidelines and testing requirements, and/or if you are unable to travel as a result of changing guidelines.
16.8 Result times. Result times are approximate. If your sample requires re-extraction due to an inconclusive result or factors outside of our control where we could not have taken reasonable steps to deal with the delay, we will not be held liable for any losses, costs or damage you suffer or incur.
17. How we may use your personal information
18. Other important terms
18.1 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.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 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.
18.4 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.
18.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 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.
Copyright © 2021 Raylane Travel Clinics. All rights reserved. | Website Design and Build by The Magento Specialist