TERMS AND CONDITIONS
"We" are Rainbow Diagnostics, trading from 86 Harley Street, London, W1G 7HP.
"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 any comments given by us on the results are for information only. They are not a clinical diagnosis. Blood tests alone should never replace a proper medical investigation and/or a doctor’s advice. Our comments are based solely on the results in relation to what are considered normal ranges in the general population. This information is very likely not going to be enough understand your overall health or a specific condition you may be wondering about. If you have any concerns at all regarding any aspect of your health or your test results you should discuss them directly with your GP or a doctor.
Based on the results of your test(s) we may advise that you purchase a follow-up test or that you see your GP for further investigation or both. You agree that you are solely responsible for acting on such guidance and that Rainbow Diagnostics accepts no liability if you choose not to do so.
If you want to contact us for any reason; further information, advice, to return a box, complain or to ask for a refund please email us at email@example.com.
By providing us with your contact details you give us your consent to contact you about our services and products you have bought or enquired about. If we do need to contact you, we will e-mail or phone you using the contact details you provide to us when you order one of our boxes. We may leave you a message if necessary. We send you test results via a secure portal which can be accessed with your date of birth via a link on an email which we will send to you. It is your responsibility to ensure that your contact details are correct and kept up-to-date.
We are an online service where you can purchase a laboratory test which is processed in our partner laboratories.
Samples must be posted back to our partner laboratory on the day it is taken. There is a postage paid, self-addressed envelope in each box for this purpose.
The results or a link to an online portal containing your results will be emailed to the email address you have supplied. You can share your results with anyone you choose.
We may contact you by telephone regarding your sample and test results.
The Product will be deemed to be delivered to you once your test results have been made available.
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 agree that you are entirely responsible for your selection of tests and that you agree that it is your decision as to whether the tests you do purchase from us are suitable for you and whatever you may need them for. If in any doubt please speak to a doctor or a qualified medical professional.
You must provide us with some personal information, including your first and surnames, address, gender and date of birth in order for our partner laboratory to process your test. Name, date of birth and gender are required by our partner laboratory for identification purposes.
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. You provide this information on the test request form included in your box. Please note that whether you provide this information or not does not change the fact that you are entirely responsible for consulting a health professional for assistance in the interpretation of your results and please remember that laboratory testing alone is never a substitute for seeing a qualified healthcare professional.
HOW WE USE YOUR PERSONAL INFORMATION
Except as set out below, any information that you give us 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 below.
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 prior to us processing your order. Once payment is received, we will confirm our acceptance to you by sending you a confirmation email. The contract between us will only be formed on the date we send you this acceptance confirmation.
The test is valid for 6 (six) months from the date we post the testing kit to you 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 perform a test you have ordered, 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 3 working days. A working day is any day other than a Saturday, Sunday or public holiday in the UK.
By purchasing a test and sending a sample to one of our laboratories you are giving Rainbow Diagnostics and its partner laboratories your informed consent to perform the tests you have ordered.
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 Amazon Pay.
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.
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.
VAT is not chargeable on diagnostic and screening procedures or investigations.
DISPATCH AND DELIVERY
After your payment has been processed and you have received an acceptance confirmation we will send you a testing kit by 24 hour tracked post and you should receive it within 24 (twenty four) hours, within the United Kingdom. We do not guarantee that the testing kit will arrive within 24 (twenty four) hours as we are entirely dependent on our postal services provider (Royal Mail and/or DPD and/or Hermes). We shall not be liable for any losses or compensations in the event of delay in arrival of your kits or results. Please note these companies do not deliver to us on Sundays and Bank Holidays.
Orders from the same household/address are clubbed together and sent in a single pack. Our system requires you to place a separate order for each member of the family in order to generate a unique DHSC reference number. When these orders are dispatched, they are sent out in a single pack.
Delivery of a testing kit shall be considered to 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, you will need to purchase a new kit.
We will not be liable for any kits lost in the post to you or from you to our laboratories. We will not be liable for any losses in circumstances not limited to but including where you have provided a wrong or erroneous delivery address, where the postal service provider has marked the kit as delivered but you have not received it, where the postal service provider has attempted delivery but was unsuccessful, or where the kit cannot be found in the reception or other common area. We may sometimes be able to re-ship your order, if the postal service provider confirms that the kits are being returned to us.
Reshipping costs are calculated as £5 Admin Fee + (Number of kits to be resent x £5)
1 kit = £10
2 kits = £15
3 kits = £20
4 kits = £25
5 kits = £30
6 kits = £35
7 kits = £40
SAMPLES AND TEST RESULTS
Any sample you send to one of our laboratories for analysis will be analysed only in relation to the test or tests that you have ordered.
You must send samples 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).
If the laboratory cannot test your sample, we will send a second home collection kit to you free-of-charge for you to repeat the process. If this second sample cannot be tested, we will give you the option to cancel the order and request a full refund.
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 made available to you. 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.
We will not be responsible or liable for any missed events, missed flights, loss of profits, loss of revenue, loss of goodwill, loss of anticipated savings, loss or corruption of data or software or for any indirect, special or consequential losses or damages.. We advise you to book tests well in advance and make alternative arrangements if your results are not ready on the day of your flight.
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. You will not receive a refund once the kit has been dispatched to you. This is because all our products are Medical Devices and we cannot guarantee the sterility of the device after it has been dispatched from our warehouse.
This cancellation right does not apply if:
you have already sent your sample to the laboratory for analysis
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 firstname.lastname@example.org. 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 or mis-described, 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.
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.
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 missed events, missed flights, loss of profits, loss of revenue, loss of goodwill, loss of anticipated savings, loss or corruption of data or software or for any indirect, special or consequential losses or damages, 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 being 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 above;
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 below.
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.
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.
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.
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.
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. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.