terms

& conditions

Updated on : 18-11-2020

  1. About us and these terms
    • These terms apply to orders made on our Website. These are the terms and conditions that apply when you order any testing product from www.fgih.co.uk (the “Website“). When you place an order on our Website, you will be asked to agree to these terms in their entirety. This will be the version of the terms that will apply to your purchase. Please read these terms carefully before you submit your order to us.
    • Who we are. The Website is owned and operated by Forensic Genomics Innovation Hub Limited, a company registered in England and Wales (company no. 12515423; VAT no. 358047778.). Our registered office is at Fieldfisher, Riverbank House, 2 Swan Lane, London, EC4R 3TT.
    • What these terms are for. These terms tell you who we are, about our Website, how we will provide products and 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. Our general Website Terms of Use (the terms on which we make the Website available) can be found at [insert link to disclaimer].
    • How to contact us. If you have any queries about these terms, or any order you have placed through our Website, you can contact us at admin@fgih.co.uk.
  2. Placing an order on the Website
    • Website registration. Before you can place an order with us, you will need to register as a user of our Website. The registration process will require you to provide some mandatory personal information including your contact details. You must also create a password or other secure login method. You must keep these details secret and secure. We reserve the right to reject any application to register on our Website.
    • Ordering with us. The following steps will be followed to complete an order through our Website.
      • The shopping pages on the Website will guide you through the steps you need to take to place an order. The order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process. You are responsible for ensuring the details of your order are complete and accurate.
      • You will be directed to a third party payment services provider, STRIPE, to deal with your payment. Your payment is subject to STRIPE terms and conditions, and will be processed by STRIPE in accordance with their standard terms.
      • You will receive an email from us confirming your order. It is only at this point that a contract comes into existence between you and us.
      • When a test involves a child under 18 years of age, only those who have parental responsibility for the child are able to give permission for the child’s specimen sample to be used in the test.
    • We will provide you with an order number. We will assign an order number to your order and tell you what this is when the order is accepted. It will help us if you can provide your order number whenever you contact us about your order.
    • Changes to an order. If you need to make a change to an order, you will need to cancel the order in full and place a new order.
    • Product availability. All products and services on our Website are subject to availability. We will inform you as soon as possible if the product(s) or service(s) ordered are not available or if we do not have capacity to fulfil your order within a reasonable period of time.
  3. Price and payment
    • The price is shown on the Website. The price of the product or service (which includes VAT) will be the price indicated on the order pages when you place your order.
    • If the price is marked incorrectly. It is possible that, despite reasonable efforts, some of the products or services may be incorrectly priced on our Website. If we discover an error in the price of the products or services ordered, we will attempt to inform you of this error and give you the option of continuing to purchase the products or services at the correct price or cancelling your order. Where this is the case, we will not process your order until we receive your instructions as to whether you would like to proceed with, or cancel, your order. If we are unable to contact you using the contact details provided during the order process, your order will be treated as cancelled and we will notify you in writing. Please note that, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we do not have to provide the products or services at the incorrect (lower) price and the contract may be cancelled.
    • How we take payment. Payments are made through and dealt with by a STRIPE account. For further details regarding their payment process, please see [insert URL].
    • You must pay in full. All orders must be paid for in full at the time when you place the order.
    • Additional fee for late cancellation or non-attendance of sample collection appointments. In some instances, we will require you to make an appointment with us for us to collect a sample required for the testing you have ordered. If you cancel this appointment with less than 24 hours’ notice, we will be entitled to charge you a reasonable administrative fee and may end the contract (see Clause 6.2(b) for details). In such circumstances, we will refund you the price paid less an administrative fee specified in the order process.
  4. Your responsibilities to provide correct information and adequate samples
    • You should only provide information to us where you are entitled to do so. Where you provide information, data or genetic material to us for the purpose of our provision of the testing products and services to you, you confirm that you are entitled to provide us with that information for that purpose. If you provide us with information, data or genetic material against the law (such as data protection law, confidentiality obligations or intellectual property law), and a third party brings a legal claim against us as a result of your unlawful actions, you will be fully responsible for the costs and losses that we incur.
    • Make sure your information is correct. We will use the information you provide to us to supply the testing products and services to you. We will not be responsible for supplying the products or services late, not supplying any part of them, or inaccuracy or inconclusiveness in test results if this is caused by you not giving us the information we need. You confirm that all information and details provided by you to us on registration on our Website are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time before submitting your order by sending an email to admin@fgih.co.uk.
    • You should take samples in accordance with instructions. Where we require you to provide a sample, you must do so in accordance with the instructions that we provide.
    • Samples must be sufficient. If you provide us with a sample that is insufficient or inadequate for us to carry out our analysis, you will need to provide a replacement sample. Where this is the case, you will need to provide a replacement sample at your cost. If you decline or fail to provide a sufficient and adequate replacement sample, we will be entitled to charge you a reasonable administrative fee and may end the contract (see Clause 6.2(b) for details). In such circumstances, we will refund you the price paid less an administrative fee specified in the order process. We will not be responsible for supplying the testing products or services late, not supplying any part of them, or inaccuracy or inconclusiveness in the test results if this is caused by you providing an insufficient or inadequate sample.
  5. Delivery
    • Delivery costs. The costs of delivery will be as set out on our Website.
    • When we will provide the products and services.
      • During the order process, we will let you know when we will provide the testing products to you.
      • You will then provide a sample to us via the method specified during the order process (via post or via appointment).
      • We will carry out our analysis and let you know the results of the test within the timeframe notified to you when we confirm your order.
    • We are not responsible for delays outside our control. If our supply of the testing product(s) or service(s) 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, but if there is a risk of substantial delay you may contact us to end the contract (see Clause 6 on “Cancellation” for more details).
    • If you are not at home when the testing product is delivered. If no one is available at your address to take delivery and the testing product cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
    • If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery, 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 (see Clause 6 on “Cancellation” for more details).
    • If you do not allow us access to provide services. If you do not allow us access to your property to perform services as arranged (such as sample collection), and you do not have a good reason for this, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange the services, we may end the contract (see Clause 6 on “Cancellation” for more details).
    • Reasons we may suspend the supply of testing products or services to you. We may have to suspend the supply of a testing product or service to deal with technical problems or make minor technical changes, or update the product or service to reflect changes in relevant laws and regulatory requirements.
    • Your rights if we suspend the supply of testing products or services. We will contact you in advance to tell you we will be suspending supply of the testing product or service, unless the problem is urgent or an emergency. If we have to suspend the testing product or service, we will adjust the price so that you do not pay for product or service while they are suspended. You may also be able to end the contract (see Clause 6 on “Cancellation” for more details).
    • We may also suspend supply of the testing products or services if you do not pay. If you do not pay us for the testing products or service when you are supposed to, we may suspend supply of the products or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products or services.
  6. Cancellation
    • When you can cancel the contract
      • Before the order is confirmed: You can cancel your order for any reason up until it has been accepted by us and you receive a confirmation email, by sending an email to admin@fgih.co.uk.
      • Where we are at fault: Where you are ending the contract for one of the reasons set out at (i) to (iv) below, the contract will end immediately and we will refund you in full for any products or services which have not been provided. You may also be entitled to compensation. The reasons are:
        • we have told you about an upcoming change to the products or services or these terms, which you do not agree to;
        • we have told you about an error in the price or description of the products or services you have ordered and you do not wish to proceed;
        • there is a risk that supply of the products or services may be significantly delayed because of events outside our control or because we have informed you that we are suspending the supply of testing products or services; or
        • you have a legal right to end the contract because of something we have done wrong (including where the products provided are faulty or where we have failed to provide services with reasonable care or skill).

We will pay the costs of return where this is the case or we will ask you to dispose of the product safely.

  • Changing your mind within 14 days of delivery.
    • For most products bought online, you have a legal right to change your mind within the 14 day ‘cooling off period’ following the date of delivery, and receive a refund. In such cases, you will be responsible for the costs of returning the product.
    • However, these rights do not apply to products that are liable to deteriorate or expire rapidly (such as food and other perishable goods) or anything you have unsealed which is not suitable for return due to health protection or hygiene reasons. You will not be able to cancel your order after we have dispatched the testing product if it is liable to expire rapidly, or where you have unsealed the testing product due to hygiene reasons.
    • If you change your mind, you may also cancel services ordered online within the 14-day ‘cooling off’ period following the date of your order, and receive a refund.
    • However, these rights do not apply where you have asked for the services to be performed within the 14-day cooling off period. You will lose the right to change your mind within 14 days where you have confirmed that we should provide you with services within this 14-day period (e.g. by booking a sample collection appointment before this date).
  • In all other cases (if we are not at fault and there is no right for you to change your mind), you will not have a right to a refund.
  • How we issue refunds. You agree that we may issue any part refunds in cash or on your card regardless of the method of payment used to make the initial payment.
  • How you can cancel the contract. You can use the cancellation form provided in the appendix to these terms, or by following the instructions given in your order confirmation email.
  • When we can cancel the contract
    • Where we are unable to fulfil an order: If, for any reason, we are unable to fulfil your order, the order will not be processed and we will inform you of this by email. If you have already paid for the order, we will arrange a refund of the full amount as soon as possible.
    • Where you have failed to provide accurate information or an adequate sample, or failed to provide/withdrawn your consent (whether provided on our own behalf or on behalf of an individual under the age of 18) to processing the relevant personal data or sample, or to attend a sample collection appointment. We may end the contract at any time by writing to you:
      • where you do not provide us with the information (or accurate information) or an adequate sample; or fail to provide or withdraw your consent (whether provided on our own behalf or on behalf of an individual under the age of 18) to processing the relevant personal data or sample; or
      • where you fail to attend a sample collection appointment,

that is necessary for us to provide the testing products and services to you. Where this is the case, you will be refunded any money you have paid in advance for the testing products and services that have not been provided, but deductions or charges may be made for reasonable compensation for the net costs incurred as a result of your breaking the contract.

  • Where you fail to make required payments: We may end the contract at any time by writing to you where you fail to make a payment for the products and services in accordance with these terms. Where this is the case, you will be refunded any money you have paid in advance for the products and services that have not been provided, but deductions or charges may be made for reasonable compensation for the net costs incurred as a result of your breaking the contract.
  1. Your legal rights
    • Your rights for faulty or misdescribed products
      • By law, any goods supplied must be fit for purpose, of satisfactory quality, and as described (although the images of the products on the Website are for illustrative purposes only). Where the goods do not meet these standards, during the expected lifespan of the goods, you may have certain legal rights entitle you to the following (the time periods below will be shorter for perishable goods):
        • Up to 30 days: if the products are faulty, then you can get an immediate refund.
        • Up to six months: if the products cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
        • Up to six years: if the products do not last a reasonable length of time you may be entitled to some money back.
      • The applicable timeframe depend upon the goods in question. Given the perishable and sanitary nature of the products we provide, the expected lifespan of the goods is likely to be very short. However, please contact us if you have any queries.
    • Your rights for services that are not carried out with reasonable care and skill. Where we provide services to you (such as sample collection or test analysis) and do not carry these services out with reasonable care or skill, you can ask us to repeat or fix the service or get some money back if we cannot fix it.
    • For detailed information on your legal rights, visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06. Nothing in these terms will affect these legal rights.
  2. How we will use your personal information
    • Our Privacy Policy [insert link] sets out how we will use your personal information.
  3. How to make a complaint
    • If you wish to make a complaint about an order or anything else, you can contact us at admin@fgih.co.uk.
  4. Our responsibility for loss or damage suffered by you
    • Testing is subject to a degree of uncertainty. Whilst the testing that we undertake is highly accurate, and we take the utmost care in providing our services, as with any testing, there is an unavoidable possibility of error and percentage of uncertainty in the provision of test results. Tests may sometimes provide inconclusive results for a variety of reasons, including the nature of the statistical analysis on which they are based. If you obtain a re-test from us or any third party, you may obtain a different result. This does not by itself indicate any test undertaken was faulty or inaccurate.
    • You are responsible for what you do. It is your decision on how to act based on our test results or other services. If you have any doubts or queries regarding the implications, accuracy or reliability of our test results, you should obtain advice from a suitably qualified professional and consider obtaining further tests to confirm. We will not be responsible for any loss or damage that you or any other person suffers as a result of anything you or any third party does, no matter how foreseeable or even if you have told us during the ordering process.
    • We are responsible to you for loss and damage directly caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that flows naturally from our breaking this contract or our failing to use reasonable care and skill. In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
    • There are certain liabilities which cannot be excluded by law and nothing in these terms limits our liability where it is unlawful to do so. This includes liability for death or personal injury caused by our negligence, our fraud, or for breach of your statutory rights.
  5. Other important terms
    • You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • We may ask our partner laboratories to assist us. In certain circumstances, we may ask our partner laboratories to carry out testing services on our behalf – for instance, where this will reduce the time it takes for us to be able to provide you with test results. Our partner laboratories are accredited to the same standard as us and will carry out the testing services to the same standard that we would.
    • This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay enforcing these terms, they can still be enforced 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 the 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.
    • 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.

 

APPENDIX: Model cancellation form

(Complete and return this form only if you wish to withdraw from the contract)

To: Forensic Genomics Innovation Hub Limited, c/o Fieldfisher, Riverbank House, 2 Swan Lane, London, EC4R 3TT

Tel: 023 80118981/2

Email: admin@fgih.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate