Last Updated: March 2020
The following terms and conditions will apply to purchases made by the Customer from the Seller and they strictly limit and define the parties’ obligations.
Parties to the transaction:
Supplier is My DNA Holdings Limited from here on referred to as MDH with business address 18 School Road, Reepham, NR10 4JP. Incorporated in England and Wales with company number 9114828.
Customers are defined as a health professional who is purchasing a product directly from MDH.
The following agreement comprises all the terms between the Customer and Supplier and the Customer shall be deemed to have accepted the following terms and conditions when the Customer has purchased a Product from Supplier directly.
The Customer acknowledges and accepts that it has not relied on any statement, promise or representation made by MDH or given on behalf of MDH, which is not set out in the following terms and conditions.
IMPORTANT: I Have read and understand the Covid-19 Test kit limitations
COVID-19 Rapid Test Limitations
- The COVID-19 IgG/IgM Rapid Test Cassette should be used to detect IgG and IgM antibodies to COVID-19. It cannot be used to determine the number of antibodies nor any rise in those numbers.
- The COVID-19 IgG/IgM Rapid Test Cassette will only indicate the presence of IgG and IgM antibodies to COVID-19 in the specimen and should not be used as the sole criteria for the diagnosis of COVID-19 infections.
- As with all diagnostic tests, all results must be considered alongside any other clinical information available to a health professional.
- If the test result is negative yet clinical symptoms persist, additional follow-up testing using alternative clinical methods is suggested. A negative result at any time does not preclude the possibility of COVID-19 infection.
1. Agreed Terms:
1.1 Definitions and Interpretation:
- Supplier – MDH is the supplier.
- Customer – A health professional or health company who has come directly to the MDH’s commercial website https://covid-19rapidtest.co.uk and purchased a Covid-19 Rapid Test in bulk;
- Product – Bulk order of Thirty (30) COVID-19 IgG/IgM Rapid Test kits packed in a box comprising two instruction inserts, 30 finger pricks, 30 cassettes, 30 pipettes and 2 bottle of buffer, further detailed in Clause 2;
- Test(s) – the tests as described in Clause 2;
- Test Result – the result supplied by the COVID-19 test kit to the Customer.
1.2 Any reference in these terms and conditions to any provision of a statute shall include any subsequent amended provision, re-enactment or extended provision relevant at any time.
1.3 The headings in these terms and conditions are for convenience only and shall not affect its interpretation.
1.4 Except as expressly provided elsewhere in these terms and conditions, a person who is not party to this agreement shall not have any rights whether statutory or otherwise to enforce any term of this agreement.
1.5 MDH reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the COVID-19rapidtest.co.uk website and it is the Customers responsibility to read the terms and the Customer’s continued use of the Product shall signify their acceptance to be bound by the latest terms and conditions.
1.6 If any court or competent authority finds that any provision of the terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the terms and conditions shall not be affected.
2. Products and Testing
2.1 When the Customer self-administers a finger prick test the testing device analyses the blood sample to detect both testing of COVID-19 IgM and IgG antibodies in human finger-prick.
2.2 The Customer agrees to read and follow the instruction insert provided in order to provide a blood sample for analysis.
2.3 The Customer understands that the Product is for rapid screening and will only provide an overall positive or negative result and will not individually identify each IgM/IgG marker result.
2.4 The Customer agrees that the Product is not designed to diagnose covid-19. Supplier accepts no responsibility for any condition or symptoms that may develop.
2.5 Supplier requests the Customer follows the Government’s national advice relating to any symptoms.
3. Price and conditions of sale
3.1 The price of the Test(s) shall be the price quoted on the MDH website or over the phone of MDH. The order might be subject to delivery charges and all payments shall be made in pounds sterling (£GBP) unless otherwise stated.
3.2 MDH accepts all major debit and credit cards including Visa, MasterCard, Maestro and Delta card payment. The Customer can pay via PayPal and direct bank transfer.
3.3 When MDH are in receipt of a full and correct email address and a paid for order, they will send the Customer an order confirmation by email.
3.4 MDH reserves the right to increase the price of the Products to reflect any increase in the cost to MDH, which is due to any factor beyond the control of MDH and/or any change in delivery dates or quantities which are requested by the Customer.
3.5 The Customer shall pay to MDH the price of the Products prior to delivery. Once cleared funds have been received, MDH shall arrange delivery of the test kit(s).
4.1 All standard delivery and handling charges are shown on the MDH website.
4.2 MDH shall deliver the sample collection kits by post to the Customer upon receipt of cleared funds from the Customer. Orders will be delivered to the address stipulated by the Customer and a minimum of 10 working days from receipt of cleared fund should be allowed for such delivery.
4.3 Any dates quoted for delivery of the sample collection kits are approximate only and MDH shall not be liable for any delay in delivery of these. Times for delivery shall not be of the essence and the sample collection kits may be delivered by MDH in advance of the quoted delivery date.
4.4 If MDH fails to deliver the test kits for any reason other than any cause beyond MDH’s reasonable control, and MDH is accordingly liable to the Customer, MDH’s liability shall be limited to price of the Product(s) in relation to the Customer order.
4.5 It is the express responsibility of the Customer to inspect the test kit immediately upon their delivery. The Customer shall notify MDH within 15 days of delivery in respect of any damage to them, shortfall or incorrect specification being delivered. If the Customer does not notify MDH within 15 days following delivery of the test kit it shall be deemed in accordance with the order placed by the Customer.
4.6 MDH aim to deliver the test kit to the Customer within 14 days of receipt of the Customer order. If MDH is unable to deliver the test kit within 30 days of receipt of the Customer’s order, MDH will contact the Customer and offer the option to cancel the order.
5. Distance Selling Regulations
Under the Distance Selling Regulations the Customer may cancel the order within 14 days from the day after the Test Kit(s) have been delivered, so long as the box and and all test kits remain unopened. To do this the Customer must either notify Supplier by email, phone or send a letter to the stated address, informing Supplier that the Products are being returned unused. A refund of monies paid for the test kit only will be made upon condition inspection of the returned box of test kit and within 30 days of receiving the cancellation request. Shipping costs incurred by Supplier will not be refunded to the Customer.
6. Cancellation and Refund Policy
6.1 In addition to clause 5, in the event that the test kits are not in stock or cannot be delivered to the Customer within 30 days, MDH will contact the Customer giving the likely delivery date and the option to cancel the order. MDH will issue a full refund of monies paid should the Customer decide to cancel.
6.2 All test kits are dispatched by MDH with sufficient expiry available for the Customer to take the test. Should the kit expire through no fault of MDH then MDH are under no obligation to refund, replace or test the Sample.
7. Personal Data
8. Limitation of Liability
8.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
8.3 MDH’s total liability to the Customer in respect of all other losses arising under or in connection with the terms and conditions, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product which eight hundred and seventy (£870) pounds sterling.
8.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
8.5 To the extent permitted by law, as Suppliers of an CE-IVD Marked Product, MDH’s total responsibility for any and all claims Customer makes under these Terms and Conditioners (including implied terms) or related to the use of the Product shall be limited to one hundred (£100) pounds sterling.
8.6 In every case, unforeseeable loss or damages are excluded.
8.7 To the extent permitted by law, MDH will, unless caused by our negligence, in every and all cases never be responsible for any loss or damage resulting from:
8.7.1 The use or the inability to use the test kit;
8.7.2 Any action you take based on the information you receive from the test;
8.7.3 Any failure to not follow your Government’s advice relating to Covid-19;
8.7.4 The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services;
8.7.5 Unauthorised access to or alteration of your transmissions or data;
8.7.6 The improper authorisation for the services by someone claiming such authority; or
8.7.7 Statements or conduct of any third party on the services.
9. Force Majeure
MDH shall not be liable for any failure or delay in performing its obligations under these terms and conditions to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond MDH’s reasonable control, which by its nature could not be foreseen, or if it could have been foreseen, was unavoidable.
10. Law and Jurisdiction
The terms and conditions shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
11. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and MDH.