Terms & Conditions

Terms and Conditions of Confirm Testing Limited ​

1. Interpretation

1.1 The following definitions and rules of interpretation apply in these terms.
1.2. Definitions:

Adequate Sample: a sample from which a conclusive result can be obtained. 

Certificate:  a certificate issued by us to you confirming your Results and, if negative, that you are fit to fly.

Client ID Form: forms sent with Testing Kits to collect information in relation to any samples returned by you.

Departure: the date of your flight.

Goods: the goods set out on our Website.

Instructions: any instructions provided to you by us with the Goods

Location: the location set out in the Online Purchase Order From where the Services are to take place and/or the Goods are to be delivered.

Results: your results following a Testing Kit being returned to us by you.

Online Purchase Order Form: the online order process on our Website

Order: your order for the supply of Products 

Services: the services set out in our Website

Products: Goods and/or Services purchased by you as set out in your Online Purchase Order Form

Testing Kits: equipment provided to you to create a sample to be used in our laboratory.  

Website: www.confirmtesting.com

1.3 Interpretation

(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 

(b) A reference to a party includes its [personal representatives,] successors and permitted assigns.

(c) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

(d) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

(e) A reference to writing or written includes email.

 

2. These terms

2.1 What these terms cover. These are the terms and conditions on which we supply Products to you.

2.2 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 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.

2.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.

  • You are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

2.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

3. Information about us and how to contact us

3.1 Who we are. We are Confirm Testing Limited a company registered in England and Wales. Our company registration number is 12570252 and our registered office is at Clifton House, Bunnian Place, Basingstoke, England RG21 7JE.

3.2 How to contact us. You can contact us by telephoning our customer service team at 020 4524 1049 or by writing to us at info@confirmtesting.com or 1 Harley Street, London, W1G 9QD

3.3 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.

3.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

4. Our contract with you

4.1 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.

4.2 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 product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

4.3 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.

4.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

5. Our Products

5.1 Goods may vary slightly from their pictures. The images in photographic or video form of the products on our website are for illustrative purposes only. Your Goods may vary slightly from those images.

5.2 Packaging may vary. The packaging of the Goods may vary from that shown in images on our website.

6. Your rights to make changes

Please contact us if you wish to change your Order. 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 your Order, 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.

7. Our rights to make changes

7.1 Minor changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements.

8. Providing the products

8.1 Delivery costs. The costs of delivery will be as displayed to you on our Website.

8.2 When we will provide the Products.

(a) We will deliver Testing Kits to the Location as soon as reasonably possible and we will contact you with an estimated delivery. All Testing Kits are sent by Royal Mail first class tracked post.

(b) We will send all Results and Certificates by email.

(c) We will begin the Services on the date agreed with you during the order process.

8.3 We are not responsible for delays outside our control. If our supply of the Goods 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 and receive a refund for any Products you have paid for but not received.

8.4 If you are not at home when the Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.

8.5 If you do not re-arrange delivery. If after a failed delivery of Goods to you, you do not re-arrange delivery or collect the Goods from a delivery depot 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 and 12.2 will apply.

8.6 If you do not allow us access to provide Services. If you do not allow us access to the Location to perform the Services as arranged (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 access to the Location we may end the contract and 12.2 will apply.

8.7 When you become responsible for the Goods. Goods will be your responsibility from the time we deliver the product to the Location.

8.8 When you own Goods. You own the Goods once we have received payment in full.

8.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.10 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:

(a) deal with technical problems or make minor technical changes;

(b) update the Product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the Product as requested by you or notified by us to you (see 7).

9. Your obligations:

9.1 You shall:

(a) ensure that the terms of the Online Purchase Order Form are complete and accurate;

(b) if relevant, order any Goods at least five days prior to Departure;

(c) follow the Instructions accurately;

(d) complete any Client ID Forms sent to you that are included with the Goods; 

(e) return any completed Testing Kits to us or as directed by us and, if relevant, at least four days prior to your Departure using the provided pre-paid packaging;

(f) co-operate with us in all matters relating to the Services;

(g) provide our employees, agents, consultants and subcontractors with access to the Location as reasonably required by us to provide the Services;

(h) and provide us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.

10. Your rights to end the contract

10.1 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, when you decide to end the contract and whether you are a consumer or business customer:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see 14 if you are a consumer and 15 if you are a business;

(b) If you want to end the contract because of something we have done or have told you we are going to do see 10.2;

(c) If you are a consumer and have just changed your mind about Goods, see 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;

(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see 10.6.

10.2 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 (e) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the Product or these terms which you do not agree to:

(b) 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;

(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 Days; or

(e) you have a legal right to end the contract because of something we have done wrong.

10.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online 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.

10.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

10.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

(a) Have you bought Services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

(b) Have you bought Goods (for example, Testing Kit)?, if so you have 14 days after the day you (or someone you nominate) receives the Goods, unless:

(i) Your Goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery.

(ii) Your Goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Goods.

10.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see 10.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Goods is completed when the Good are delivered and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

11. How to end the contract with us (including if you are a consumer who has changed their mind)

11.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling us on 01244 268438 or emailing us at info@confirmtesting.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

11.2 Returning Goods after ending the contract. If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must post them back to us at 1 Harley Street, London, W1G 9QD or as otherwise directed by us, and include a slip with your order number so that we may trace it to your order and refund it.

11.3 When we will pay the costs of return.

(a) We will pay the costs of return:

(i) if the Goods are faulty or misdescribed;

(ii) if you are ending the contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

(b) In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

11.4 How we will refund you.  If you are entitled to a refund under these terms, we will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling of the Goods.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c) Where the product is a Service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

11.6 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then:

(a) If the products are Goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return a product to us, see 11.2.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

12. Our rights to end the contract

12.1 We may end the contract if you break it. We may end the contract for a Product 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 2 days of us reminding you that payment is due;

(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 Products; (c) you do not, within a reasonable time, allow us to deliver the Products to you;

(d) you do not, within a reasonable time, allow us access to the Location to supply the Services. 

12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 12.1 we will refund any money you have paid in advance for Products 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.

13. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 020 4524 1049 or write to us at info@confirmtesting.com or 1 Harley Street, London, W1G 9QD.

14. Your rights in respect of defective Goods if you are a consumer

14.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. 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. If your product is goods, the Consumer Rights Act 2015 says 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:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also 10.3.

If your product is services, for example, 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 10.2.

14.2 Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods you must post them back to us. We will pay the costs of postage or collection.

15. Your rights in respect of defective Goods if you are a business

15.1 If you are a business customer we warrant that on delivery any Goods shall:

(a) conform in all material respects with their description;

(b) be free from material defects in design, material and workmanship;

(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);

(d) and be fit for any purpose held out by us.

15.2 Subject to 15.3, if:

(a) you give us notice in writing within a reasonable time of discovery that the Goods do not comply with the warranty set out in 15.1; (b) we are given a reasonable opportunity of examining such Goods; and

(c) you return such Goods to us at our cost,

we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

15.3 We will not be liable for a Good’s failure to comply with the warranty in 15.1 if:

(a) you make any further use of such Goods after giving a notice in accordance with 15.2(a);

(b) the defect arises because you failed to follow our oral or written instructions as to the storage or use of the Goods or (if there are none) good trade practice;

(c) you alter or repair the Goods without our written consent; or

(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

15.4 Except as provided in this 15, we shall have no liability to you in respect of a Good’s failure to comply with the warranty set out in 15.1.

15.5 These terms shall apply to any repaired or replacement Goods supplied by us under 15.2.

16. Price and payment

16.1 Where to find the price for the Product. The price of the Product (which excludes VAT) will be the price indicated on the Website. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see 16.3 for what happens if we discover an error in the price of the Product you order.

16.2 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

16.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at the date of your Order, we will charge the lower amount. If the Product's correct price at the date of your Order 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, refund you any sums you have paid and require the return of any Goods provided to you.

16.4 When you must pay and how you must pay. When you must pay for Goods and Services:

(a) at the time of your Order;

(b) according to any credit terms agreed between us;

(c) or as otherwise agreed between us.

16.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

17. Our responsibility for loss or damage suffered by you if you are a consumer

17.1 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.

17.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products and for defective Products under the Consumer Protection Act 1987

17.3 When we are liable for damage to your property. If we are providing Services at the Location, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.

17.4 We are not liable for business losses. If you are a consumer we only supply the Goods for to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in 18.

18. Our responsibility for loss or damage suffered by you if you are a business

18.1 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d) defective products under the Consumer Protection Act 1987; or

(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

18.2 Except to the extent expressly stated in 15.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

18.3 Subject to 18.1:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Good and/or Services under such contract].

19. How we may use your personal information

19.1 We will only use your personal information as set out in our Privacy Policy.

19.2 We will comply with all applicable requirements under all legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data.

20. Our rights if you fail to provide an Adequate Sample

20.1 If you fail to follow the Instructions correctly, or for any other reason you do not provide an Adequate Sample we will not be held liable for our failure to provide you with a conclusive Result.

21. Your rights if we fail to deliver a Result and/or Certificate prior to your Departure

21.1 If we fail to deliver your Results and/or Certificate prior to your Departure:

(a) if your Order was received less than five days prior to your Departure, we will not have any liability or obligations to you;

(b) we will refund you the total price of your Order, if you make an Order at least five days prior to your departure and you returned to us or as directed by us, your Testing Kit four days prior to your Departure.

21.2 The rights set out in this clause are in addition to and not in substitution for set out in clauses [liability].

22. Other important terms

22.1 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.

22.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). 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].

22.3 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.

22.4 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

22.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.

22.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.