Here at Vitall we strive to be fair with all of our customers and make your experience with us a positive one.
We want you to understand the process involved in providing our services to you and what measures are in place to protect your rights as a customer.
Our policy below goes into full detail. If you have any doubts please contact us, we're always happy to help.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
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 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. Our trading name is Vitall. Our full registered name is Healthy Human Labs Limited a company registered in England and Wales. Our company registration number is 11263709 and our registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0207 164 6044 or by writing to us at email@example.com AND Healthy Human Labs Ltd, 71 - 75 Shelton Street, Covent Garden, London WC2H 9JQ.
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.
3. OUR CONTRACT WITH YOU
3.1 These terms will apply. These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Tests from us. Please note that before placing an Order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from us.
3.2 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.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Tests. This might be because the Tests are currently unavailable or because of unexpected limits on our resources which we could not reasonably plan for. If you have already paid we will refund you the full amount including any delivery costs charged as soon as possible. You may only enter into a contract with us if you are at least 18 years old.
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 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 addresses outside the UK.
4. OUR SERVICES
4.1 Our Services involve the giving of a blood or other bodily fluid sample and the analysis of it (Tests) and the preparation of reports (Reports). The sample reports on our website are for illustrative purposes only. Your report may vary slightly from that example but will contain the measurements you have requested.
4.2 Making sure your order is accurate. You are responsible for ensuring that you have ordered the correct Tests from us. You are also responsible for ensuring you have entered the correct address, date of birth and gender as these are essential for sending your sampling kit and the subsequent correct analysis. Please carefully check your order at each page of the order process and again before submitting it to us.
4.3 Arranging your sample. We will send you the sampling kit for the Test(s) you have ordered as soon as possible after our Order confirmation has been sent.
If the sample needs to be taken by a qualified practitioner, eg: a phlebotomist then we will arrange for someone to contact you to arrange an appointment. You must not attempt to collect your own sample if our website or the sampling kit states that a qualified practitioner is required to carry out that Test. If you fail to attend for your appointment at the pre-arranged time then you agree to reimburse us for any wasted costs.
4.4 Sampling Kits. Any sampling kits or other equipment delivered to you are provided to you on a temporary basis to enable you to deliver us a sample. You do not own the equipment and must return it to us. If you do not return any equipment to us we will deduct the cost of the equipment from any refund you may be due.
4.5 Return of Samples. Your sample must be returned to us on the same day that it is taken as any delay will increase the risk of Test failure. Any sampling kit is only valid for 90 days after delivery and you are therefore required to collect and post your sample to us within that period. Please log into your account and confirm your sample has been sent to us as soon as you have returned your sampling kit.
If you do not return the sampling kit to us within 90 days from delivery and you still require a Test there will be an additional charge of £6.50 for a replacement sampling kit.
We normally aim to process Tests and deliver our Report to you within two days. However this is an estimate only and is dependent on the type of tests ordered and the analysis they require. If we have not made a Report available to you within 14 days of receiving a testable sample, and unless we agree otherwise with you, you will receive a full refund and our contract with you will be cancelled.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Tests you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Tests, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 - Your rights to end the contract).
6. YOUR REPORT
6.1 Accessing your Report. We will make our Report available to you by sending you an email advising you to log into a private area of our website. Making our Report available to you online represents full delivery of our Services.
6.2 Limitations of our Report. Our Report does not constitute medical advice and is not a substitute for it. You should never avoid or delay obtaining medical advice from your doctor or other healthcare professional based on information provided in our Report. If you have or suspect that you have a medical condition you should seek medical advice immediately.
6.3 Report Test Results. Analysis will be undertaken on your sample for all tests ordered, at our cost. We cannot guarantee that a complete result is provided for any and all tests ordered, due to the nature of biological specimens and the sample collection being outside of our control. You acknowledge that the quality of the blood or bodily fluid sample provided by you will affect test outcome. Not following our sample collection protocol may result in a defective or partial test result. We may, at our discretion, offer a replacement test free of charge if a result cannot be reported.
6.4 Intellectual Property. The Report which we provide to you, including its format and the knowhow used to produce it remain our intellectual property. In supplying the Report to you, we grant you a royalty free perpetual worldwide licence to use it personally. However, you must not use the Report for any commercial purpose and you may not republish it without our prior written consent.
7. SUSPENSION OF TESTS
7.1 Reasons we may suspend the supply of Tests to you. We may have to suspend the supply of Tests to:
(a) deal with technical problems or make minor technical changes;
(b) update the Tests to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Tests as requested by you or notified by us to you (see Clause 5).
7.2 Your rights if we suspend the supply of Tests. We will contact you in advance to tell you we will be suspending supply of the Tests, unless the problem is urgent or an emergency. You may contact us to end the contract for a Report if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four weeks and we will refund any sums you have paid in advance for the Report in respect of the period after you end the Contract.
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 you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If the Report is faulty or misdescribed you may have a legal right to end the contract (or to have the service re-performed or to get some or all of your money back), see Clause 8.2;
(b) If you have just changed your mind about the Test, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(c) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.4.
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 (a) to (d) below the contract will end immediately and we will refund you in full for any Reports which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the Tests you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the Report may be significantly delayed because of events outside our control;
(c) we have suspended supply of the 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 four weeks; or
(d) 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). 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. By placing an order you request us to start performing our Services immediately and you acknowledge that you do not have a right to change your mind once the Test is fully performed.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0207 164 6044 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the form at the bottom of this page and post it to us at the address on the form. Or simply write to us at that address, including details of which Report you bought, when you ordered or received it and your name and address.
9.2 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for any abortive work carried out in preparing the Report you ordered including, without limitation, any additional postage fees (e.g. priority delivery), £5 for each sampling kit sent to you and laboratory fees, ending with the time when you told us you had changed your mind.
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
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:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Report, for example any required blood or bodily fluid sample.
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 Reports we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
11. IF THERE IS A PROBLEM
11.1 How to tell us about problems. If you have any questions or complaints about the service we provide please contact us. You can telephone our customer service team at 0207 164 6044 or write to us at email@example.com AND Healthy Human Labs Ltd, 71 - 75 Shelton Street, Covent Garden, London WC2H 9JQ
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 these 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 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 product. The price of the product (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 product advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the Report 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 Report, we will adjust the rate of VAT that you pay, unless you have already paid for the Report 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, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the 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 and refund you any sums you have paid.
12.4 When you must pay and how you must pay. We accept payment with UK credit and debit cards. You must pay in full for your Report at the time of ordering.
12.5 Subscription and bulk orders. If you have chosen to order and pay for Tests in advance your credit or debit card will be charged in full and our sampling kits will be despatched to you at the intervals specified when you ordered. If you have chosen our subscription service your sample kits will be despatched at the intervals specified when you ordered and your credit or debit card will be charged before each despatch. If any payment is not honoured the relevant sampling kit will not be despatched and we will notify you accordingly.
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 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
13.5 We are not liable for business losses. We only supply the Report for domestic and private use. If you use the Report 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.
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. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
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.
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 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.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Vitall: Healthy Human Labs Ltd, 71 - 75 Shelton Street, Covent Garden, London WC2H 9JQ
Tel: 0207 164 6044 Email: firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale 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),
[*] Delete as appropriate