Circular 1 Health Limited Our terms and conditions with consumers (online purchases)
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN CLAUSE 12.3 OF THESE TERMS. PLEASE NOTE THAT ONCE YOU HAVE PLACED AN ORDER FOR OUR TESTING SERVICES, YOU WILL HAVE NO RIGHT TO CANCEL THE CONTRACT UNLESS WE ARE IN BREACH OF THE CONTRACT.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our Testing Services (as described in Clause 4) to you as a consumer.
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 our Testing Services and any associated goods such as testing kits and digital 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.
1.3 Your attention is drawn in particular to the disclaimers and limitations of liability in Clause 12.3 of these terms.
2. Information about us and how to contact us
2.1 Who we are. We are Circular 1 Health Limited (Company No. 12700350), a company incorporated in England & Wales and having its registered office at Warwick Mill, Warwick Mill Business Park, Warwick Bridge, Carlisle, England, CA4 8RR. Our registered VAT number is 351734015.
2.2 How to contact us. You can contact us by using our Web Chat function on our website, telephoning our customer service team at 0800 7999 751 or by writing to us at [email protected]
2.3 Social media. Please do not attempt to contact us through social media as this is not monitored by our customer service team.
2.4 How we may contact you. If we have to contact you we will do so using our Web Chat, by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 “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 issue a written confirmation to you online or by email to indicate our acceptance, at which point a contract will come into existence between you and us.
3.2 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.
3.3 We only deliver to the UK mainland. Our website is solely for the promotion of our Testing Services for deliveries in the UK. Unfortunately, we do not deliver testing kits or products to addresses outside the mainland UK.
3.4 All persons using assigned ‘Click & Collect’ parking bays do so at their own risk and neither the Company nor any person acting on its behalf is in any way responsible for any loss, injury or damage sustained by them or for loss or damage to vehicles and their contents.
4. What do we do?
4.1 We provide testing services for SARS-CoV-2, the virus that causes COVID-19, using the different testing systems or methodologies (such as LFT and PCR) set out on our website. We also sell testing kits to enable a swab sample to be collected and returned to us for testing, and we also issue various certificates and reports as well as digital codes and products, all as described on our website (together our “Testing Services”).
4.2 Please note we are required by law to report positive test results to the UK Health Security Agency (the successor to Public Health England) and/or any other applicable regulatory or UK Government or National Health Service or other body responsible for public health, the treatment of COVID-19 and/or the prevention of the spread of SARS-CoV-2.
5. Our rights to make changes
5.1 Changes to our Testing Services. We may change the nature of our Testing Services:
(a) to reflect changes in relevant laws and regulatory requirements, such as ensuring the compliance of our Testing Services with applicable law and best practice; and
(b) to implement minor technical adjustments and improvements, for example to apply the latest best testing practice.
5.2 If we make any change that we believe in our reasonable opinion is likely to materially impact the nature or efficacy of the Testing Services we provide to you, we will notify you and you may then contact us to end the contract before the changes take effect.
6. Our Testing Services
6.1 Price. The price for our Testing Services including any testing kits or certificates will be displayed on our website, as will any delivery/return costs (where applicable). We reserve the right at our discretion to amend our prices (increase or decrease) with no notice.
6.2 When we will provide our Testing Services. During the order process we will let you know when we will send the testing kits to you. We will provide detailed instructions in a leaflet supplied with each kit which gives instructions how the swabs should be taken and returned to us.
(a) Testing kits – we will deliver testing kits to you as soon as reasonably possible usually within 3 working days (Monday to Friday excluding public and bank holidays in England) after the day on which we accept your order.
(b) Our Portal – upon your order you will receive an email to set up your password for our portal. Please make sure to promptly click on the link to ensure it does not expire. When you receive our testing kit you should perform the swab then login to our portal and enter your swab barcode on our portal and follow all relevant instructions. If you fail to properly register your details with us on the portal then we will not be able to identify you and you will still be charged. Please keep a note of your barcode number in case you have any queries.
(c) Available return methods (and it is your responsibility to return on time) – you must return the swab samples within 24 hours by using the Royal Mail Priority Post Box pre-addressed postal kit provided, or by courier. We strongly advise that if you use the Royal Mail service then you must swab and post on the same day (prior to a collection time) and ensure that if you are using Royal Mail you do not post on a weekend or public holiday as otherwise it may not arrive at our testing laboratory the next day. We recommend that you swab in the morning and return the sample before 12noon. Please see the disclaimer at Clause 6.3 below.
(d) Certificates – all certificates (positive/negative/inconclusive/unclear) will be made available on your account on our portal when your test result has been processed.
(e) Test results – we will also provide you with the results of your test (positive/negative/inconclusive/unclear) by SMS text or email.
6.3 We are not responsible for delays outside our control. If our supply of our Testing Services is delayed by an event outside our control that we become aware of 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. We will not be liable for delays caused by events outside our control.
6.4 When you become responsible for the testing kits. The testing kits will be your responsibility from the time we deliver the kit to the address you gave us or you or a carrier organised by you collects it from us. It is your responsibility to provide the correct address to us that will allow us to effect delivery. The testing kits are sterile and cannot be reused by us, so we cannot accept returns other than in the course of you providing a swab sample.
6.5 What will happen if you do not give required information to us. We may need to take certain information from you so that we can supply our Testing Services to you as requested by us on our portal. If so, this will have been stated in the relevant forms or on our website. 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 9.2 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 Testing Services late or not supplying any part of them if this is caused by you not giving us the accurate information we need within a reasonable time of us asking for it.
6.6 Reasons we may suspend the supply of Testing Services to you. We may have to suspend the supply of our Testing Services to:
(a) deal with technical problems or make minor technical changes;
(b) update the Testing Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Testing Services as requested by you or notified by us to you (see Clause 5).
7. Cancellation by you
7.1 You have no right to cancel the contract once we have confirmed your order except in the circumstances set out in Clause 7.2 below. This is for a number of reasons. Some of our Testing Services include the provision of digital codes that are supplied for immediate use. These digital codes are personalised to you and cannot be cancelled. In addition, our testing kits are sterile medical products, sealed for health protection and hygene purposes and they cannot be returned to or reused by us, because they may deteriorate due to contamination by handling. We are unable to confirm whether any returned kits may have been unsealed. The kits also have a particular shelf life. You may not cancel the contract or return the kits unused even if you claim the kits have not been unsealed by you or remain “in date”. This policy is in accordance with applicable exemptions in consumer protection regulations. If you purport to cancel the contract without any right to do so then we reserve the right to recover any costs and charges that way may incur as a consequence.
7.2 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 (e) below the contract will end immediately and we will refund you in full for any Testing Services which have not been provided.
The reasons are:
(a) we have told you about an upcoming change to the Testing Services or these terms which you do not agree to (see Clause 5.2);
(b) we have told you about an error in the price or description of the Testing Services you have ordered and you do not wish to proceed;
(c) we have told you that there is a risk that supply of the Testing Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Testing Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 72 hours; or
(e) you have a legal right to end the contract because we have broken our contract with you in a serious way.
8. How to end the contract with us under Clause 7.2
8.1 Tell us you want to end the contract. To end the contract with us under Clause 7.2, please notify us in writing at [email protected] Please provide your full name, postcode and order number. We will aim to respond within 5 working days.
8.2 Returning testing kits after ending the contract under Clause 7.2. If you end the contract for any reason after testing kits have been dispatched to you or you have received them, you must return them to us in good condition, unused and sealed. Please post them back to us at Circular1 Health Limited, Egerton House (South), The Towers Business Park, Wilmslow Rd, Didsbury, Manchester, M20 2DX. 8.3 When we will pay the costs of return.
We will only pay the costs of return:
(a) if the testing kits are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the Testing Services 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.
8.4 How we will refund you (for cancellations under Clause 7.2 only). We will refund you the price you paid for the Testing Services including delivery costs for the testing kits, by the method you used for payment.
8.5 When your refund will be made (for cancellations under Clause 7.2 only). We will make any refunds due to you as soon as possible. Typically this will be within 14 days from the day on which we receive the testing kit back from you or, if earlier, the day on which you provide us with evidence that you have sent the testing kit back to us (or if we do not require return of the testing kit, 14 days from the date we told you that we do not require its return).
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for our Testing Services at any time by writing to you if:
(a) your payment is recalled or cancelled for any reason;
(b) you supply false or inaccurate information to us, for example on a testing form;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our Testing Services;
(d) you do not, within a reasonable time, allow us to deliver the testing kits to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will not refund any money you have paid in advance for Testing Services as reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw our Testing Services. We may write to you to let you know that we are going to stop providing our Testing Services in other circumstances. This is separate to our right to end the contract under Clause 9.1. If we do so in these circumstances we will refund any sums you have paid in advance for Testing Services which will not be provided.
10. If there is a concern with our Testing Services
10.1 How to tell us about concerns. If you have any questions or concerns about our Testing Services, please contact us. You can use our Web Chat function, telephone our customer service team at 0800 7999 751 or write to us at [email protected] Please to not attempt to contact us through social media as this is not monitored by our customer services team.
11. Price and payment
11.1 Where to find the price for our Testing Services.
The price of our Testing Services is inclusive of any applicable VAT and will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of our Testing Services advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the Testing Services you order.
11.2 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 Testing Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Testing Services in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of our Testing Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Testing Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Testing Services’ 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 goods provided to you.
11.4 When you must pay and how you must pay. We accept payment by credit and debit card and any other methods listed on our website. You must pay for our Testing Services in advance at the time of your order.
11.5 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 8% a year above the base lending rate of Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%. 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.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us (but please note we limit our liability to you even for foreseeable losses in Clause 12.3 below). If we fail to comply with these terms, subject to the other terms and conditions in these terms (including Clause 12.3), then subject to the limitations and exclusions in Clause 12.3 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. In particular, please note that we limit our liability to you in Clause 12.3, whether such liability is foreseeable or not.
12.2 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 Testing Services including the right to receive Testing Services which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
12.3 IMPORTANT DISCLAIMERS THAT LIMIT OUR LIABILITY TO YOU (YOUR ATTENTION IS DRAWN IN PARICULAR TO THIS CLAUSE. PLEASE READ CAREFULLY):
(a) No test is 100% accurate – please note that no test for SARS-CoV-2 is 100% accurate in either sensitivity (correctly identifying true positives) or specificity (correctly identifying true negatives) and, subject to applicable law, we shall not be liable to you for any loss occasioned for false positive or false negative results or for any inconclusive/unclear results.
(b) Time from order to test result/certificate – we recommend that you consider the likely time that it will take for us to send you a testing kit in response to your order, for you to take and return a swab sample to us, for us to process the test and to deliver your results and/or certificate when deciding whether our Testing Services suit your needs, for example whether any certificate is likely to arrive in good time to enable you to access any flight or other transport or accommodation, or whether you are likely to be released early from self-isolation or quarantine according to any applicable law or rules.
(c) It is your responsibility to return swabs to our laboratory on time – you accept that the return and testing of the swab samples may be affected by bank holidays, public holidays and Sunday particularly when Royal Mail delivery is used. It is your responsibility to ensure that your swab sample is uplifted on the day of putting the completed postal kit test in the post. We cannot be liable for any delays to you receiving the benefit of our Testing Services, for any effect on the timing of the test or certificate, or for any incorrect or inconclusive/unclear results that may occur if you fail to return your sample within 24 hours of the time that the swab is taken.
(d) No liability for any failure of any third party or jurisdiction to recognise certificates – although we use internationally recognised certification processes, we cannot be held responsible or liable for any failure by any person or jurisdiction to recognise the certificate or treat the information in it as valid, nor shall we be liable if you miss or are refused boarding to any flight or other transport or for any lost travel or accommodation bookings, additional travel or accommodation costs (including self-isolation or quarantine costs) because of any failure to recognise our certificate or to treat the information as valid.
(e) No liability for any failure for missed flights or transports caused by delays – we cannot be held responsible or liable if you miss or are refused boarding to any flight or other transport or for any lost travel or accommodation bookings, additional travel or accommodation costs (including self-isolation or quarantine costs) because our certificate does not arrive in good time prior to travel, regardless of when swab samples were returned. If you have returned a swab sample timeously and in good time for uplift and we fail to provide a certificate in good time prior to your flight or other travel or accommodation booking, our liability will be limited to refunding the price you have paid for our Testing Services.
(f) Inconclusive/unclear test results – most inconclusive/unclear results are due to a failure to collect a swab sample properly or the test has been returned to us too late. You will still be charged if your test result is inconclusive or unclear.
(g) Test to release – we are not liable for any time you may have to spend in self-isolation or quarantine or for the costs such as accommodation costs that you may occasion in doing so caused by any delay in our issuing any certificate to you.
(h) It is your responsibility to follow our test kit instructions and to provide accurate information on our portal – all our test kits come with instructions and these are also available on our website and portal. It is your responsibility to read them carefully and follow them, including the return instructions.
(i) We are not liable for business losses. We only supply our Testing Services under these terms for domestic and private use. If you use our Testing Services 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
(j) We are not responsible for any failure in you being admitted to the United Kingdom due to any error or failure in a digital code provided by us to you on behalf of Her Majesty’s Government or for any change in the UK’s entry rules. These codes are provided to us by Her Majesty’s Government and we provide them to you on a personalised basis “as is”. We are not responsible for changes to the UK Government’s entry rules.
(k) Applicability – these terms and conditions, disclaimers and limitations of liability apply to any test subject that takes the benefit of our Testing Services, regardless of whether that person placed the order with us directly or where a swab was collected from that person for or on behalf of the person who placed the order, or otherwise.
13. How we may use your personal information
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 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, except as explained in this clause and in Clause 12.3(k). If you purchase tests for a third party individual and they use our Testing Services as a test subject, then that test subject will have rights to enforce this contract against us in so far as it applies to their use of our Testing Services and we will have the benefit of all the rights, disclaimers, limitations of liability and the other terms of this contracts in relation to that third party test subject. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.3 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.
14.4 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.
14.5 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 Testing Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Testing Services in either the Scottish or the English courts. If you live in Wales you can bring legal proceedings in respect of the Testing Services in either the Welsh or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Testing Services in either the Northern Irish or the English courts.
Circular 1 Health Limited B2C Terms & Conditions – v 2.0