Terms and Conditions
Last updated: 11.04.23
MEDIC SPOT LIMITED TERMS AND CONDITIONS
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply all services to you. Acceptance of third party terms & conditions confirms agreement to these terms over and above these.
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 the testing services 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. Who we are. We are Medic Spot Limited, trading as Medicspot, a company registered in England and Wales. Our company registration number is 10089666 and our registered office is at Iberian Park, Drury Lane, St. Leonards-On-Sea, England, TN38 9XP. We are registered with the Care Quality Commission (number 2608070379), the independent regulator of health and social care in England. We are registered with the Information Commissioners Office (ICO) (registration number: ZA189190).
2.2 What do we do. We sell testing services to customers and work with other organisations to deliver these services. We also work with certain other third parties who may provide you with products or services directly, even if you book their products and services through our website. We will indicate on our website where services or products are provided by third parties and provide information about such third parties. In such case, the contract for the provision of products or services you receive will be between you and that third party. We have no control over and accept no responsibility for the acts and omissions of any such third party provider. Your rights to cancel, refund and change any services requested that are provided by a third party will be governed by the contract between you and the third party provider.
2.3 How to contact us. How to contact us. You can contact us by writing to us at email@example.com or Iberian Park, Drury Lane, St. Leonards-On-Sea, England, TN38 9XP.
2.4 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 at the time you ordered your test or when you register your test kit on our website.
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 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 testing services. This might be because we do not have a current supply of testing kits, 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 services or because we are unable to meet a delivery deadline you have specified.
3.3 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.
3.4 Instructions we provide. It is very important that you follow the instructions we provide with your testing kit, very closely. These instructions will explain how to take the swab sample from yourself. The swabs are very sensitive and they are crucial to providing your results. Therefore, if you do not follow our instructions then your results could be inaccurate.
3.5 Testing kit registration. Once you receive your testing kit, you will need to register the kit on our website as per the instructions enclosed within the testing kit. This is so that we can link the testing kit to you and your order.
3.6 We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from outside the UK.
3.7 All our services are only provided in the English Language. We do not offer a translation service, and any services provided to you either by ourselves or by Third Parties will only be provided in the English Language, and do not offer translation services.
4 Our Services
4.1 Testing kits and certificates may vary slightly from their pictures. If we have included an images of the testing kits or available certificates on our website, these are for illustrative purposes only and the actual testing kit, its packaging or the certificate you receive might look different.
4.2 Timings of supply. We will use our reasonable efforts to provide your results to you within the timescales stated on our website.
We may provide an indication on our website of “live” timings of supply (we call this a “turnaround time” or a “service level”). This is for indication purposes only and we do not guarantee that you will receive your results within any time stated on those web pages or any shown “live” turnaround time. We also make this clear on our website.
PCR Testing: Turnaround times can only be met provided you send the completed swab sample to our testing laboratory and follow all instructions provided.
Lateral Flow Testing: Turnaround times can only be met provided you upload your photographs and follow all instructions provided.
Other Testing: Turnaround times can only be met provided you follow all instructions provided.
5 Your rights to make changes
If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible or confirm which options are available to you.
6 Our rights to make changes
6.1 Minor changes to the services. We may change the testing services (including the testing kits and certificates)
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements.
These changes will not affect your use of the services unless we notify you in writing that it will.
6.2 More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make more significant changes to these terms or the services, 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 services paid for but not received.
7 Providing the services
7.1 Delivery costs. The costs of delivery of the testing kits to you and the costs of postage of the completed swab samples to our testing laboratories, are included in the price you pay for the testing services, unless we have specified otherwise on our website.
7.2 When we will provide the testing kits. During the order process we will let you know the expected timescales of when we will send the testing kit to you. Please note that this will vary depending on the type of test that you order and postage selected.
7.3 You will not own the testing kit. You will not own the testing kit that is sent to you. The testing kit will remain our property that you are entitled to use (in accordance with our instructions provided), to enable you to benefit from our testing services.
7.4 We are not responsible for delays outside our control. If our supply of the services (including the testing kits, the laboratory testing and any certificates) 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.
7.5 If you are not at home when the testing kit is delivered. If no one is available at your address to take delivery and the testing kit cannot be posted through your letterbox, our delivery partners will provide you with the information required to arrange receipt of the testing kit.
7.6 If you do not re-arrange delivery. If you do not collect the testing kit from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot or one of our hubs, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.8 Storing testing kits. Although you will not own the testing kit, you will be responsible for its safekeeping from the time we deliver it to the address you gave us or from the time you collect it from us. You must take care not to damage the testing kit and in particular the sealed swab that is contained within the testing kit. This is because the swab is used to analyse conditions and if its packaging is damaged, it may cause the results to be invalid.
7.9 Test Kit Validity. Test kit codes are valid for 6 months from order date. There may be a best before date on your test kit which has a longer usage period than 6 months, however certificates can only be issued on kits purchased within the previous 6 months.
7.10 What will happen if you do not give required information to us.
7.10.1 We are obliged to ask for certain information. We may need certain information from you so that we can supply the testing services to you, for example, we are required by law to gather certain information from you when you order testing services.The information we ask for will depend on which testing services you intend to use.
7.10.2 We will let you know if we need information. Where we need to request information from you, this will have been stated in the description of the testing services on our website. We will ask for this information either at the time when you order the testing services, or at the time you register your testing kit on our website, or both. If you do not give us this information when we ask for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 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 services (or any part of them) 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.
7.11 Reasons we may suspend the supply of services to you. We may have to suspend the supply of our services (or any part of them) to:
7.11.1 deal with technical problems or make minor technical changes;
7.11.2 update the services to reflect changes in relevant laws and regulatory requirements;
7.11.3 make changes to the services as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of the services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 4 days, we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 days and we will refund any sums you have paid in advance for services not received.
7.13 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) we may suspend supply of the services until you have paid us the outstanding amounts. If applicable, we will contact you to tell you we are suspending supply of the services, but where you are required to pay when placing your order to us, we will not make the testing kit available to you until you have paid. We will not suspend the services where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services, we can also charge you interest on your overdue payments (see clause 12.5).
8 Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what services you have bought, whether there is anything wrong with any part of the services, how we are performing and when you decide to end the contract:
8.1.1 if the testing kit is faulty or misdescribed, you may have a legal right to end the contract (or to ask us to replace the kit or to re-perform the testing services, or to get some or all of your money back), see clause 11;
8.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6
8.2 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 8.2.1 to 8.2.5 below, the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the services may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the 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 4 days or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 services, once these have been completed, even if the cancellation period is still running;
8.4.2 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. This includes when you break the hygiene seal on the outside of the testing kit box that we will supply to you as part of the testing services.
8.4.3, Medical Products. PCR, Lateral Flow and General Test Kits are medical products and are therefore exempt from change of mind cancellation periods.
8.5 How long do I have to change my mind? You are buying services from us, so you have 14 days after the day we email you to confirm we accept your order to change your mind. However, once:
8.5.1 Any appointments cancelled or rescheduled within 5 hours of their appointment start time will be cancelled but still charged.;
8.5.2 You cannot change your mind once we have completed the services,
8.5.3 Covid & Home testing kit are exempt from the 14 day cooling off period,
Note, if you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.6 The services start when you place your order.
8.6.1 Once you register the testing kit on our website, we will have already made arrangements with our testing laboratory to receive and process your swab sample.
However, you can contact us to change the registration details as long as the person in whose name the testing kit is registered does not change (i.e. once the testing kit is registered in your name, you may be able to change the date of the services, if you wish to take the swab at a later date, but you cannot give the swab to someone else to use instead), if you wish and we will let you know whether this is possible;
9 How to end the contract with us if we are at fault
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us via email on firstname.lastname@example.org Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning testing kits after ending the contract. If you end the contract for any reason after the testing kit has been dispatched to you or you have received it, you must return it to us. You must return the testing kit by post at Medicspot Limited, Unit 2 Iberian Park, Drury Lane, Hastings, East Sussex, United Kingdom, TN38 9XP.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the testing kit is faulty or misdescribed;
9.3.2 if you are ending the contract because we have told you about: an upcoming change to the services or these terms; an error in pricing or description; a delay in delivering the testing kit to you due to events outside our control; our suspension of the services in the circumstances set out at clause 7.11; or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the testing services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
GP Consultations cannot be refunded within five hours of the appointment start time. Cancellations or reschedules made more than five hours before the appointment start time, during core working hours – Monday to Friday 9am to 5pm GMT – can be fully refunded.
9.5 When your refund will be made. We will make any refunds due to you as soon as possible.
10 Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and (if applicable) you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, the information we are required to collect, by law;
10.1.3 you do not, within a reasonable time, allow us to deliver the testing kit to you or collect it from us; or
10.1.4 if applicable, you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided (except in the circumstances described at clause 8.6.4) but we may deduct or charge you as reasonable sum as compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 14 days in advance of our stopping the supply of the services, so that you can complete your swab samples and send it to our testing laboratories, before then. If you would prefer to end the contract where we let you know that we are going to stop providing the services, you must let us know within the notice period we have provided and send any testing kit you receive or have received back to us. Please follow the procedures at 9.1 and 9.2, and will refund any sums you have paid in advance for services which will not be provided.
11 If there is a problem with the services (or any part of them, including the testing kit or any certificate)
11.1 How to tell us about problems. If you have any questions or complaints about our services (or any part of them, including the testing kit or any certificate), please contact us via email on email@example.com.
11.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The testing kit we supply to you as part of the testing services must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the testing kit, your legal rights entitle you to the following:
(a) up to 30 days: if the testing kit is faulty, then you can get an immediate refund.
(b) up to six months: if the testing kit can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) up to the expected lifespan of the testing kit: if the testing kit does not last a reasonable length of time, you may be entitled to some money back.
See also clause 8.3.
In relation to our services 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).
12 Price and payment
12.1 Where to find the price for the testing services. The price of the testing services (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 testing services advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the testing services you order.
12.2 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 services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, the testing services may be incorrectly priced. We will normally check prices before accepting your order so that, where the services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the 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 unmistakable 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.
12.4 When you must pay and how you must pay. We accept payment using the payment methods as listed on the checkout page when you order the testing services. Due to the nature of the services we are providing, you must pay the full amount for the services before we dispatch the testing kit to you.
This is because:
12.4.1 once you receive the testing kit, we cannot control when or whether you will use it to benefit from our services;
12.4.2 once you send your completed swab sample off to our testing laboratory, your swab sample will be processed automatically without our further involvement because swab samples must be tested within a certain amount of time after the swab sample is taken; and
12.4.3 once your results are available, we are obliged by law to provide them to you within certain time periods.
Therefore, if we do not collect full payment from you at the time you order the testing services, we will not have any way to ensure you make payment before or after you receive your results.
12.5 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 3% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 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.
13 Our responsibility for loss or damage suffered by you
13.1 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.
13.2 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:
13.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13.2.2 fraud or fraudulent misrepresentation;
13.2.3 breach of your legal rights in relation to the services as summarised at clause 11.2; and
13.2.4 for defective products under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.4 We are not liable for business losses. We only supply the testing services (including the testing kit and any certificate) for domestic and private use. If you use the 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.
13.5 When we will not be liable for losses suffered by you. Subject to clause 13.2, we will not be liable for losses suffered by you that arise because:
13.5.1 you have provided incomplete, incorrect or inaccurate information that we reasonably require you to provide when you order the testing services;
13.5.2 you have not followed the instructions that we provide with the testing kit, instructing you how to:
(a) register the testing kit on our website (including where you provide incomplete, incorrect or inaccurate information);
(b) take the swab sample from yourself;
(c) package the completed swab sample ready to send to our testing laboratories; and
(d) send the completed swab sample to our testing laboratory (including any relevant timeframes)
(e) upload your photographs to our system for review;
13.5.3 you receive an “inconclusive result”. Testing, as with all scientific and technical processes, do not always provide conclusive (accurate) test results and between 1-2% of all tests carried out will return inconclusive results. This cannot be helped and is nobody’s fault. Other factors that can cause inconclusive results include:
(a) failure of a technical process at laboratory
(b) presence of viral DNA on the swab sample, but not enough to trigger a ‘positive result’ in line with laboratory processes;
(c) leakage of viral transport medium (which is the clear liquid contained in the sample collection tube);
(d) you not taking the sample using the swab properly, in accordance with our instructions,
If you receive an inconclusive result, we will offer you a replacement testing kit, free of charge but we will not be liable to you for any losses you may suffer as a result;
13.5.4 you fail to use the testing kit before the stated expiry date (subject to the requirement for the testing kits to last a reasonable length of time; or
13.5.5 you have ordered the wrong type of test or certificate. As stated on our website, any guidance we provide regarding travel requirements are intended as a guide only and you are responsible for ensuring you order the correct testing service and certificate for your purposes.
13.6 We will not be liable to you for any loss you suffer in excess of the price you paid for the testing services. Subject to clause 13.2, we will not be liable to you for any loss you suffer, over and above the price you paid for the testing services, where those losses are caused by us failing to comply with these terms because of the actions of a third party or for other reasons beyond our control, including but not limited to:
13.6.1 where there is a delay in receiving your results caused by Royal Mail or other relevant carrier not delivering your sample to the testing laboratory within a reasonable time after you have sent it off in accordance with our instructions;
13.6.2 where there is a delay in receiving your results caused by a delay or failure at the testing laboratory which is beyond our control;
13.6.3 where Royal Mail or other relevant carrier loses your completed swab sample in transit after you have sent it off in accordance with our instructions; or
13.6.4 where the testing laboratory suffers a failure or other delay which causes the testing laboratory to lose your sample, or to not test your sample within the necessary time after the laboratory has received your sample (provided you have sent the sample off in accordance with our instructions).
13.7 Where your sample is lost, destroyed or unsuitable for testing as a result of the events described at clause 13.6.3 or clause 13.6.4 above, we will offer you a replacement testing kit, free of charge.
14 How we may use your personal information
15 Other important terms
15.1 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.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, where you have purchased testing services on behalf of another person then you can transfer your rights in those testing services to that other person, provided that you have provided us with the information we require about that person at the time you ordered the services on their behalf (with their consent, where necessary). This would include, for example, the information we require under clause 7.9 above.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
15.4 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.
15.5 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.
15.6 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 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 Northern Ireland you can bring legal proceedings in respect of the testing services in either the Northern Irish or the English courts.