Terms and conditions
Our items and services from the test.me website are only provided to consumers who are using our items and services for personal and not business use. You agree that you will not buy anything from this website for use in your business or profession.
1. These terms
- What these terms cover. These are the terms on which we supply testing services to you. Details of the testing services are available from our website: www.test.me. These testing services involve us sending you a self-sampling kit (test or testing kit) which you will then return to us with your sample for testing. So, it is this combination of the:
- testing kit;
- the testing performed on the sample which you return by using the testing kit; and
- the results of the testing;
- Why you should read these terms. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end our contract with you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or if you have any questions about them, please contact us to discuss this.
2. Information about us and how to contact us
- Who we are. We are TEST.ME which is our trading name for Preventx Limited. Preventx Limited is a company registered in England and Wales. Our company registration number is 06603066 and our registered office is at MBP 5 Meadowhall Business Park, Carbrook Hall Road, Sheffield, South Yorkshire, England, S9 2EQ.
- How to contact us. You can contact us by telephoning our customer service team at 0333 344 4462 or by writing to us at [email protected] or MBP 5 Meadowhall Business Park, Carbrook Hall Road, Sheffield, South Yorkshire, England, S9 2EQ .
- 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.
- When we use the words “writing” or “written” in these terms, this includes emails.
3. About our Service
The service which we provide is for general guidance and for general information of an indicative nature only. We do not provide medical advice or diagnoses. We therefore, are unable to provide any promises or guarantees about the accuracy of the results of your test and the results should not be treated as a replacement for seeking a medical diagnosis or treatment. If you have any concerns about your health or your results, please seek the assistance of your GP or other licensed healthcare professional.
- Please make sure that you have read and understood the information which we have provided on our website of other factors which you need to be aware of when using our Service, as this is very important. Please see the following webpage www.test.me for further guidance about the use of the Services, including when a test should be taken (as taking a test too early or too late is more likely to give false test results in some cases).
- What will happen if we cannot test your sample. If we cannot test your sample after you use the testing kit, because:
- you did not follow the directions for providing the sample, or we do not receive the sample within 14 days as mentioned in clause 1, then you will need to pay for another Service if you wish to send us another sample; or
- the test kit provided was faulty or due to our fault, we will provide you with another test kit and test a further sample which you provide without additional charge.
4. Our contract with you
- 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.
- If we cannot accept your order or if we have to cancel your order. If we are unable to accept your order or if we have to cancel your order, we will inform you of this and we will not charge you for the Service (or we will refund you the charges which you have paid us for the Service, where we have had to cancel the Service where this was not due to your fault). This might be for one of a number of reasons, such as:
- the test kits being out of stock;
- the Service which you have selected being temporarily or permanently stopped;
- unexpected limits on our resources which we could not reasonably plan for;
- we have identified an error in the price or description of the Service;
- we have to deal with technical problems or make technical changes to the Service;
- we have to update the Service to reflect changes in relevant laws or regulatory requirements;
- our timeline for providing the Service will be much longer than what we had estimated and told you about; or
- your payment cannot be authorised or has been declined.
- Your order number. We will tell you what your order number 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.
- We only sell to the UK. Our website is solely for providing Services in the UK. We do not accept orders from, nor send testing kits to, addresses outside the UK.
5. Your rights to make changes
- If you wish to make a change to your order 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 Service, the timing of supply or anything else which would be necessary as a result of your requested change. We will then ask you to let us know whether you wish to go ahead with the change. If we cannot make the change or the results of making the change are unacceptable to you, you may want to end the contract (see clause 7 – ‘Your rights to end the contract’).
6. Providing the test kit
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the test kit. During the order process we will let you know:
- when we will provide the test kit to you; and
- the timeframe in which we expect to test your sample once we receive the test kit back from you.
- We are not responsible for delays outside our control. If our estimated supply of the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know. We will also take steps to minimise the effect of the delay where we reasonably can. All of our timings are estimates, so we do not accept liability for delays caused by the event, but if there is a substantial delay, you may contact us to end the contract and receive a refund for any Service you have paid for but not received.
- If you are not at home when the test kit is delivered. If no one is available at your address to take delivery and the test kit cannot be left at your address, we will leave you a note informing you of how to rearrange delivery or collect the test kit from a local depot.
7. Your rights to end the contract
- You can 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:
- If there is a problem with the Service, or because of something which we have done or we have told you we are going to do, you may have a legal right to end the contract (or to get the test kit replaced and the Service re-performed or to get some or all of your money back), see clause 7.2;
- If you have just changed your mind about the Service and wish to cancel the contract, see clause 3. You may be able to get a refund if you are within the 14 day period referred to in clause 7.3, but this may be subject to deductions and you will have to pay the costs of return of the test kit and make sure that we receive it back in the condition in clause 8.2.
- Ending the contract because of a problem with the Service, or because of something which we have done or we have told you we are going to do. If you are ending a contract for any of the reasons set out at below in this clause, then please contact us to let us know, and the contract will end immediately. We will refund you in full for the affected Service and you may also rely upon your legal rights. The reasons are:
- we have told you about an upcoming change to the Service or these terms, which affects your current order for the Service in more than a minor negative way, and you let us know before the change takes effect that you do not agree with it;
- we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
- the supply of the Service is significantly delayed; or
- you have a legal right to end the contract because of something we have done wrong.
- How long you have to change your mind to cancel your contract. You have up to 14 days after the day that we email you to confirm that we accept your order, to cancel that contract, if you simply change your mind and do not wish to go ahead with the Service. However, once we have completed the Service, you cannot change your mind and cancel the contract, even if the 14-day period is still running. If you cancel your order within the 14 day period, but after we have started the Service, then you must pay us for that part of the Service provided up until the time you tell us that you have changed your mind and wish to cancel the order.
- Health protection and hygiene. Please note that where you do not intend to use the Service, then the test kit which you have received must not be unsealed or used after you receive it, as this is for health protection and hygiene reasons.
- When you don’t have the right to change your mind to cancel your contract. You do not have a right to change your mind to cancel your contract:
- more than 14 days after we have confirmed by email that we have accepted your order;
- once the Service has been completed (namely the specimen returned by you, using the test kit, has been tested by us), even if the cancellation period is still running.
8. How to end the contract with us (including if you have changed your mind and wish to cancel your contract within 14 days of your contract starting)
- Tell us you want to end the contract. To end the contract with us in circumstances where the law allows you to do so (so this includes the circumstances mentioned in clauses 1 and 7.2), please let us know by doing one of the following:
- Email customer services at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address, together with the reason why you want to end the contract.
- Online Form. For cancellations in the circumstances mentioned in clause 7.3 (where you are cancelling because you have changed your mind), please print and complete our online PDF cancellation form on our website, and then either post that to us, or email a copy of that to us.
- Returning a test kit after ending the contract. If you end the contract because you change your mind during the 14 day period mentioned in clause 3, after a test kit has been sent to you, you must return the test kit to us in a hygienic and re-saleable condition, being in a condition in which the value of the test kit is unchanged from what we delivered to you, namely unsealed, unused and undamaged. You must post the test kit back to us at: MBP 5 Meadowhall Business Park, Carbrook Hall Road, Sheffield, South Yorkshire, England, S9 2EQ. Please note that you must return the test kit back at your own cost in such circumstances and you must not use the pre-paid postal label which is to be used for returning samples only (as otherwise we will deduct the postage costs which we incur from your unauthorised use of the label, from your refund). Please email us at [email protected] for a return authorisation. If you are exercising your right to change your mind you must send off the test kit to us within 14 days of telling us you wish to end the contract. It is your responsibility to make sure that we receive it back in an unsealed, unused and undamaged condition.
- When we will pay the costs of return. We will pay the costs of return of a test kit to us: if we request you to return the test kit in any of the circumstances mentioned in clause 7.2, as long as you return it to us in the reasonable manner in which we request at the time. In all other circumstances (including where you are exercising your right to change your mind to cancel the contract as mentioned in clause 7.3) you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the Service, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind to cancel the contract. If you are exercising your right to change your mind:
- we may reduce your refund of the price to reflect any reduction in the value of the test kit if this has been caused by your handling of it 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 test kit and later discover that you have handled it or sent it back to us in an unacceptable way, for example you have unsealed, used or damaged the test kit, or not sent it back to us where we receive it in an undamaged condition, you must pay us an appropriate amount to reflect the lost value in the test kit element. We will also make such a deduction if we do not receive the test kit back. Details of such deductions are shown in clause 8.5.3;
- the maximum refund for delivery costs for the testing kit will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a testing kit within a certain number of days at one cost, but you choose to have the product delivered more quickly at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
- we will 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 and wished to cancel the contract. The amount will reflect what has been supplied, in comparison with the full coverage of the contract. The percentage refund of the price which you would receive for the Service would be as follows, if the cancellation notice was provided by you:
i) Before the test kit is sent out: 100% refund of the price;
ii) After the test kit is sent out, but before you unseal or use the test kit (and provided you return it to us in that same re-saleable condition): 100% refund of the price (but only a refund of our standard delivery charge rather than any priority or premium delivery charge pricing);
iii) After the test kit is sent by you to us after you have unsealed it or used it (or after we have confirmed that we are unable to test the sample for any of the reasons mentioned in clause 3.3.1): 0% of the price and no refund of delivery charges.
- 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 to cancel the contract, then your refund will be made within 14 days of the earlier of either:
i) the day on which you provide us with the evidence which we request that you have sent the testing kit back to us; or
ii) the day on which we receive the test kit back from you.
In all other cases, your refund will be made within 14 days of you telling us that you have changed your mind and wish to cancel the contract, in the manner mentioned in clause 8.1.
For information about how to return a test kit to us, see clause 8.2.
9. Our rights to end the contract
- We may end the contract if you break it. We may end the contract at any time by writing to you if you do not perform your obligations under the contract.
- Automatic ending of the contract – 90-day sample return. In circumstances other than those mentioned in clauses 2 and 7.3, the contract will end automatically if within 90 days of receiving the test kit, you do not use the test kit to provide us with your sample that is necessary for us to provide the rest of the Service. In this case, we will not be providing any further part of the Service to you and you will not be entitled to receive a full refund for the Service.
10. If there is a problem with the Service
- How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can telephone our customer service team at 0333 344 4462 or write to us at [email protected] or MBP 5 Meadowhall Business Park, Carbrook Hall Road, Sheffield, South Yorkshire, England, S9 2EQ.
- Summary of your legal rights. We are under a legal duty to supply a Service that is in conformity with this contract. Nothing in these terms will affect your legal rights.
- Your obligation to return rejected test kits. If you wish to exercise your legal rights to reject the Service you must send the test kit back to us. We will pay the costs of postage if this is due to one of the circumstances mentioned in clause 7.2. Please call customer services on 0333 344 4462 or email us at [email protected] for a return authorisation.
11. Price and payment
- Where to find the price for the Service. The price for the Service (which includes VAT and the relevant delivery charge for the test kit) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the Service advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price for the Service which you order.
- 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 Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Service in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong? It is always possible that, despite our best efforts, a Service we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’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 Service’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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any testing kit provided to you.
- When you must pay and how you must pay. We accept payment with Visa and Mastercard credit and debit cards. You must pay for the Service before we dispatch the testing kit for it to you.
12. Our responsibility for loss or damage suffered by you
- 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.
- 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 Service.
- We are not liable for business losses. We only supply the Service for domestic and private use. If you use the Service 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.
- OUR LIABILITY IS LIMITED. WHERE THE LAW ALLOWS US TO DO SO, WE LIMIT OUR LIABILITY TO YOU TO A MAXIMUM AMOUNT OF THE PRICE WHICH YOU PAID FOR THE SERVICE.
13. How we may use your personal information
- How we may use your personal information. We will only use your personal information as set out in our Privacy Statement, including to test the sample which you submit to us for testing purposes.
14. Other important terms
- We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 5 days of us telling you about it and we will refund you any payments you have made in advance for a Service which has not been provided.
- 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 to this in writing.
- 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.
- 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.
- 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.
- 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 Service in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.