Mayfair Laboratories Ltd- Covid 19 Testing Terms of Service

  1. THESE TERMS

 What these terms cover. These are the terms and conditions on which we supply the Mayfair Laboratories Ltd testing kits and testing services to you (“terms”).

1.2 Why you should read them. Please read these terms carefully before you place your order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Mayfair Laboratories Ltd (ML) a company registered in England and Wales. Our company registration number is 12469779 and our registered office is Chequers Health Centre, Rushlake Drive, Bolton, BL1 3RL

2.2 How to contact us. You can contact us by telephoning 01204 928850 or by writing to us at info@mayfairlaboratories.co.uk or the address given above.

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4” Writing” includes emails. When we use the words “writing” or “written” in these terms,  this includes emails.

  1. Your contract with Mayfair Laboratories Ltd

 3.1 How we will accept your order. Our acceptance of your Covid-19 test order will take place when we receive payment in full for your purchase. Once payment is received, we will confirm our acceptance to you be sending you a confirmation email.  The contract between Mayfair Laboratories and you will be formed on the date you receive your acceptance confirmation.

3.2 If we cannot complete your order. If we are unable to complete your order, we will inform you of this in writing and will not charge you or will refund you (as applicable). This might be because the test is out of stock, because of unexpected constraints on our resources which we could not foresee, because we have identified an error in the price or description of the test or because we are unable to meet a delivery timescale you have specified.

3.3 We only sell to people located in the UK. We only accept orders from individuals located  in the UK, aged 18 or over and we only deliver to addresses in the England, Scotland and Wales. If you are ordering for a child aged under 18, you confirm that you are the child’s parent or legal guardian and/or otherwise have legal authority to agree to the use of the test and to receive test results on their behalf.

3.4 Entire Agreement. These terms set out the full details and constitute the entirety of your agreement with Mayfair Laboratories Ltd for the tests purchased. Upon payment to Chequers Health Group for your test you will be deemed to have accepted these terms. If you do not agree to these terms, you should not order a test.

3.5 Price of the test. The price of the test will be described on our website at the time you completed your order. Prices for test may change from time to time however, you will not be affected by the change for any orders already placed and confirmed.

3.6 Variations. We may change these terms at any time without providing you with prior or  express notice of any such change. You should check these terms from time to time for any changes. By continuing to purchase and use the test you agree to any and all changes made to these terms.

  1. OUR TESTS

 4.1 Provision of a test. The test provided is set out on the Mayfair Laboratories website http://www.mayfairlaboratories.co.uk

For Covid testing:

  • Payment and testing of your sample will be undertaken by Mayfair Laboratories ltd
  • The tests do not provide proof of immunity to contracting Covid-19 now or in the future
  • Mayfair Laboratories ltd does not provide any advice or clinical diagnoses as part of the test. The results given by Mayfair Laboratories ltd is for information only
  • Where possible, we will endeavour to have your test result to you within 24 hours or receipt to our laboratory. (Postal service only)
  • For our onsite service, we will endeavour to have your test result to you within 24 hours of the test being taken
  • In purchasing a test, you are required to comply with any instructions that accompanies a test
  • You are obliged to comply with any Government or NHS requirements based on the results of the test
  • You are responsible for your test once we have delivered it to you.

4.2 Mayfair Laboratories ltd may use sub-contractors or transfer this agreement to someone else. We may use subcontractors to provide all or part of the service. References to “we” or “us” in these terms shall include our sub-contractors. We may transfer our rights and  obligations under these terms to another organisation.

4.3 Postal Service

If you have selected the postal service, distribution of your test will be undertaken by Royal Mail of which Mayfair Laboratories ltd have contracted with.  In returning your completed sample, this will be undertaken by Royal Mail 24 hours tracked service. The test sample should be returned without delay in order to avoid any reduction in quality of the sample. You must utilise the testing kit within 6 months of the date of purchase.

We may change the distributor/collection service provider of our test without notice to you.

We are not responsible for delays outside our control. If our supply of the tests is delayed by an event outside our control, then we will not be liable for delays caused by the event.

4.4 Mayfair laboratories ltd may change or modify the test without materially impacting its functionality at any time without notice to you of any such change.

4.5 IF THERE IS A PROBLEM WITH THE TEST

 If you have any questions or complaints about the test, please contact us. You can contact us by telephoning 01204 928850 or by writing to us at info@mayfairlaboratories.co.uk or Chequers Health Centre, Rushlake Drive, Bolton, BL1 3RL.

We have a legal duty under the Consumer Rights Act 2015 to supply goods (tests) that are in conformity with this contract. Below is a summary of your legal rights however, these are subject to certain exceptions. For further details please contact 03454 040 506 or visit the website www.adviceguide.org.uk

  • All goods must be as described, fit for purpose and of satisfactory quality.

During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

If your goods are services, for example the supply of the test results, the Consumer Rights Act 2015 says:

  • You can ask us for a 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.
  • if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
  • If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

If your goods have digital content, for example the results of your test, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • If your digital content is faulty, you’re entitled to a repair or a replacement

Nothing in these terms will affect your legal rights.

  1. YOUR RIGHTS TO END THE CONTRACT

 5.1 If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any test which have not been provided.

  • we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed
  • there is a risk that supply of the test may be significantly delayed because of events outside our control
  • we have suspended supply of test 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 weeks; or
  • you have a legal right to end the contract because of something we have done wrong.

6 CANCELLATIONS AND REFUNDS

6.1 You have 14 days after the day you receive the test to exercise your right to change your  mind, you can do this by writing to us at info@mayfairlaboratories.co.uk. If you exercise your right to change your mind, you will receive a full refund of the charges.

6.2 You may cancel your order before you take your sample and be eligible for a full refund.

6.3 The right to withdrawal does not apply for the provision of the service after the service has commenced. This would be

  • once your sample has been analysed (even if this is still within the 14-day cancellation period)
  • once the testing kit(s) have been unwrapped and/or removed from the packaging as these have been sealed for health protection and hygiene purposes.

Please note, that if you end the contract, you must not return the test kit to us for hygiene reasons.  You must dispose of any unused test kits using your local authority waste disposal process.

6.4 All refunds will be made by the method you used for payment and for the amount paid at the time of order.  Refunds will be made with 14 days from the day of the refund request.

  1. OUR RIGHTS TO END THE CONTRACT

 7.1  We may end the contract if you break it. We may end the contract for the provision of tests at any time by writing to you if you breach any of the terms of the contract.

7.2  We may withdraw the test.  We may write to you to let you know that we are going to stop providing the test. We will let you know in advance of our stopping the supply of the test and will refund any monies that you have paid in advance for test which will not be provided.

  • OUR LIABILITY
  • We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.
  • Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 or any similar legislation and which cannot be excluded, restricted, or modified (non-excludable right).
  • To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
  • Our total liability to you resulting from a test is limited to the total value of that test – meaning the price you paid for the test only. In particular we are not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:
  • Chequers Health Group being unable to test your sample for any reason,
  • test results not being made available to you within the turnaround time stated,
  • loss or damage that is not foreseeable,
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained there.

Chequers Health Group does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

9.. HOW WE MAY USE YOUR PERSONAL INFORMATION

 9.1  We recognise that when you give us personal information (which includes health information) you’re trusting us to take good care of it. Please refer to our Privacy Notice for more information about how we  collect, use and protect your data in providing the products to you.

9.2 Should you wish to opt out of receiving marketing about Mayfair Laboratories ltd products and services, please email us at info@mayfairlaboratories.co.uk or call our Business Executive Team on 01204 928850.

9.3 Given the nature of the contract and that you are purchasing a COVID 19 test kit. Upon returning your sample to our laboratory, you accept that we are required by law to share your test results (personal information) positive negative or inconclusive to government bodies such as Public Health England, Public Health Wales, Public Health Scotland or the Public Health Agency (Northern Ireland) (as applicable)

  1. OTHER IMPORTANT TERMS

 10.1 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. We will only conclude this contract in the English language.

10.2 This contract is between you and Mayfair laboratories ltd. No other person shall have any rights to enforce any of its terms. Neither party (you or Mayfair laboratories ltd) will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

10.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operate separately. If any court or relevant authority decides  that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.4 If there is delay in enforcing this contract, Mayfair laboratories ltd 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.

10.5. Users of the service may bring any disputes to Mayfair laboratories ltd who will try to resolve them amicably.

10.6 While Users’ right to take legal action shall always remain unaffected. in the event of any complaint regarding the use of Mayfair laboratories ltd or the Service, Users are asked  to put their complaint in writing to Mayfair laboratories ltd at  info@mayfairlaboratories.co.uk or at Chequers Health Centre, Rushlake Drive, Bolton,  BL1 3RL.

On receipt of the complaint, Mayfair laboratories ltd will respond within 21 days of receiving the complaint.