Terms & conditions
This website is owned and operated by London Gynaecology Limited. Our company information is at the end of this document.
Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
Any capitalised terms have the following meanings in these terms and conditions:
- “Kit” – the test kit which we send you in connection our Service.
- “Service” – our self-test service including supplying you with the Kit, arranging for laboratory analysis and providing you with the test results and any associated advice.
Eligibility for our Service
You are only eligible for our Service, and must not use or attempt to use it, unless you are over 18 years of age and are permanently resident in the United Kingdom.
Changes to the terms and conditions
We may change these terms and conditions by posting the revised version on our website at any time. You will be bound by the revised agreement if you apply for our Service following the effective date shown.
Your order is an offer to contract with us.
You place your order by using the ordering process on our site. This involves transmitting the order to us by clicking on the “Pay Now” or equivalent button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
We will send you a confirmation email after your order. This is our acceptance of your offer and the point at which a legally binding contract is formed.
Right to cancel
If you are a Consumer located within the European Economic Area, you have the right to cancel this contract subject to the provisions set out below.
You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.
If you do have the right to cancel, the following apply:
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us London Gynaecology Limited, 212 Great Portland Street, London W1W 5QN, phone 02071011700, fax 02076917409, email address: [email protected] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
Payment is in advance at the prices specified on our website at the time of your order.
Subject to any applicable right of cancellation as explained above, you are legally committed to pay once we confirm your order. There is no refund if, for whatever reason, you later decide not to proceed with the test and/or you fail to send your sample the laboratory (unless we are at fault).
Use of our Service
You may only order our Service for your own personal and private use. You must not order our Service for use by any another person including a family member. You must not pass the Kit to any other person or re-sell our Service.
We aim to send you the Kit promptly following your order. It is your responsibility to contact us to request a replacement if you do not receive it for whatever reason.
It is your responsibility to carefully read and follow any guidance and instructions on our website or which accompany the Kit and to contact us if you are unsure about anything.
When sending us your sample, you must use the self-addressed envelope supplied. You are responsible for ensuring that the correct postage is paid and that the samples are correctly labelled and that the packaging is correctly labelled for postage of human samples.
We aim to send you the test results, by the method you have selected, within three (English) working days of receipt of your sample but you acknowledge that this is an estimate only and that the results may take longer, for example depending on the nature of the laboratory analysis required. It is your responsibility to contact us if you have not received your results within seven working days of your despatching the sample to us.
We reserve the right, without refund, to decline to fulfil any order if the sample is received more than six months after the date of the order. It is your responsibility to transmit the sample to us within six months.
We reserve the right at any time, without refund, to suspend or cancel our Service if have reason to suspect that your use of our Service is in breach of our terms and conditions or if any amount due to us is unpaid or cancelled (including chargeback).
Very important: You acknowledge that, as with any medical test, 100% accuracy of our tests cannot be guaranteed. For example, there is always a risk of either a “false positive” or a “false negative” test result. Accordingly our Service should not be treated as a substitute for standard screening smear tests.
We reserve the right to destroy any sample following transmission of test results.
We do not guarantee to send you reminders about future tests, even if you have given permission for such communications. It is your responsibility to diarise and contact us when appropriate if you wish to repeat a test in future.
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); or
- such loss or damage is caused by you, for example by not complying with this agreement.
Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.
Events outside our control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. We are required to draw your attention to the EU Commission’s ODR Platform at: http://ec.europa.eu/consumers/odr/
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
If you have any complaints, please contact us via the contact details shown below.
Company name: London Gynaecology Limited
Country of incorporation: England and Wales.
Registered number: 7460151
Registered office: Lynton House, 7-12 Tavistock Square, London WC1H 9BQ
Main trading address: 212 Great Portland Street, London W1W 5QN
Other contact information: See our website.
Model Cancellation Form
Complete and return this form only if you wish to cancel the contract:
— To London Gynaecology Limited, 212 Great Portland Street, London W1W 5QN, phone 02071011700, fax 02076917409, email address: [email protected]:
— I hereby give notice that I cancel my contract for the provision of the following service,
— Ordered on,
— Name of consumer,
— Address of consumer,
— Signature of consumer [only if this form is notified on paper],