Abingdon Simply Test is part of the Abingdon Health plc.
Added 20th July 2022
Terms and Conditions for Sale of Goods
These Terms and Conditions apply to all sales of Goods by Abingdon Health plc on www.abingdonsimplytest.com.
When you order Goods through the Website (www.abingdonsimplytest.com) and tick the box “I have read and accepted the Terms & Conditions” and thereafter submit your order you will be deemed to have accepted these Terms and Conditions.
If you are placing an order on behalf of your Company or Organisation you are confirming that:
• your Company or Organisation agrees to these Terms and Conditions; and
• you are authorised to place the order and agree to these Terms and Conditions on its behalf, and that you are not exceeding your authority.
If you are placing an order for yourself, friend, colleague, acquaintance, or family member, by placing the order you are agreeing to these Terms and Conditions.
Please read these Terms and Conditions; they are important. If you do not agree to these Terms and Conditions do not place an order.
In these terms of sale:
i. “Accepted Order” means an order placed by the Buyer that is accepted by the Seller;
ii. “Buyer” means the person or entity that purchases the goods from the Seller on behalf of themselves, a friend, colleague, acquaintance, or family member;
iii. “Delivery” means the point in time when the Goods arrive at the premises specified in the Accepted Order (or as otherwise agreed in writing by the Buyer and the Seller);
iv. “Goods” means the Goods to be sold by the Seller as described in an Accepted Order; and
v. “Seller” means Abingdon Health plc (owner of www.abingdonsimplytest.com);
vi. “Website” the Website identified by the following Uniform Resource Locator www.abingdonsimplytest.com containing details of and ordering facilities for the Goods.
vii. “Tests” the Goods available for purchase from the “Website”.
viii. “IFU” Instructions for Use: the document supplied by the manufacturer with each product that provides information to inform the user of the device’s intended purpose and proper use and of any precautions to be taken.
The Tests on this Website are not a substitute for professional medical advice. The results provided by the Tests provide information in addition to advice from medical professionals and should not be used to diagnose, treat, or cure medical or health conditions. You should always seek advice from a doctor or medical professional if you have a medical condition or any questions regarding a health condition, medical condition and/or symptoms. You should not disregard or delay seeking professional medical advice because of something you have read on this Website or following any results you have gained after using the Tests. The sole reliance of any information provided by this Website or results from any of the Tests is at the Buyer’s risk.
We do not offer medical advice or a medical emergency service. If you think you may have a medical emergency or health condition, call a doctor or the emergency services.
1.1. The website on-line ordering facility requires the Buyer to supply certain personal information. All orders made other than through the website must refer to the Seller’s product code mentioned in the catalogue or on the website, contain contact information and an account number if one is already assigned to the Buyer.
1.2. The Seller is entitled, at its absolute discretion, to reject without giving reasons any order placed by the Buyer.
1.3. The Buyer undertakes and warrants that all details provided for the purpose of placing the order will be correct and that, where credit or debit cards are used for an order through the Website on-line ordering facility, that any credit or debit card used belongs to the Buyer.
1.4. Any quotation provided by the Seller to the Buyer is for information only and shall not at any time be deemed to be an offer for purchase of the Tests. Unless otherwise agreed in writing by the Seller, any quotation provided by the Seller to the Buyer shall expire thirty days after the date of the quotation, unless otherwise stated on the quotation.
1.5. Each order placed by the Buyer with the Seller and any purported acceptance in writing of a quotation by the Buyer, shall be deemed to be an offer by the Buyer to buy the Tests subject to these terms of sale.
1.6. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these terms affects the liability of either party for fraudulent misrepresentation. Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
1.7. The Goods are subject to availability. If, on receipt of order, the Goods ordered are no longer available the Seller will inform the Buyer as soon as possible and inform the Buyer of the next availability of the Goods. A refund or credit for any sums that have been paid or debited from the Buyer’s credit or debit card for the Goods will be processed if the Seller rejects the order.
1.8. You may cancel orders 3 hours before an order has been processed for despatch. You will be notified by email once your order has left our facility. A refund will be issued accordingly. If at the point you cancel your order, the order has been processed for despatch and shipping can’t be reversed or has already left our facility, you will need to follow the terms of our shipping and returns policy.
2. DELIVERY OF GOODS
2.1. Delivery will be at the address specified by the Buyer at the time the order is placed, but the Seller may choose the method of delivery for the Goods being shipped.
2.2. Any dates specified by the Seller for delivering the Goods are intended to be an estimate only and time shall not be made of the essence by notice.
2.3. The Seller shall arrange for a delivery company to deliver the Goods to a location nominated by the Buyer and specified in the online order. The Buyer shall ensure that necessary access and facilities to facilitate delivery are provided.
2.4. If for any reason the Buyer fails to provide all necessary access and facilities to facilitate delivery of the Goods so that delivery is prevented, the Seller may levy additional charges to recover its costs arising from the Buyer’s failure to receive delivery.
2.5. The Seller may arrange delivery of the Goods in separate instalments and each instalment shall be deemed to be required.
2.6. The Seller reserves the right to charge for the Goods delivered, even though some items in an order may not have been delivered.
2.7. For Goods in stock the Seller will use reasonable endeavours to deliver the Goods within the time specified for the different shipping options. The Seller shall not be liable for any loss or damage, direct or indirect due to any failure or delay in delivery or failure to notify expected delay.
2.8. Any non-delivery must be notified and confirmed in writing to the Seller within 14 working days of the date of advice of despatch. Failure to notify in that time period shall invalidate any claim.
2.9. The Seller reserves the right to deliver pack sizes different from those ordered.
2.10. Where Goods are collected from the Seller’s premises the Buyer or his representative must ensure that all statutory requirements relating to the transport, carriage and handling of the Goods are complied with.
2.11. If the Buyer does not take delivery of the Goods then the Seller may store the Goods until actual delivery and charge the Buyer for reasonable costs (including insurance) of storage.
2.12. The Seller shall not be liable for any loss, damage or deterioration of the Goods during storage.
3. RISK AND TITLE IN GOODS
3.1. All risk in the Goods shall pass to the Buyer on Delivery. Ownership of the Goods shall not pass until the Seller has received in full (in cleared funds) all sums due to it in respect of the Goods.
3.2. Notwithstanding the above, where the Seller delivers the Goods to the Buyer, the Seller shall not be liable for any damage or loss in transit ascertainable upon inspection on Delivery unless the Buyer notifies such damage or loss to the Seller within 14 days of Delivery.
3.2.1. Until ownership has passed to the Buyer, the Buyer shall:-
3.2.2. hold the Goods on a fiduciary basis as the Seller´s Bailee;
3.2.3. store the Goods in satisfactory condition and separately in such a way that it remains readily identifiable; and
3.2.4. keep the Goods insured on the Seller’s behalf for its full price against all risks to the reasonable satisfaction of the Seller; provided that the Buyer may use the Goods in the ordinary course of its business.
3.3. If the Buyer who owes money to the Seller for any Tests and/or Services becomes the subject of any action or procedure in connection with any actual or impending insolvency, bankruptcy, receivership administration order or winding up then they must immediately inform the Seller accordingly and the Buyer must not use, sell or otherwise dispose of any Goods in which the Seller has retained title but must immediately return them to the Seller.
4. USE OF THE GOODS
4.1. The Tests must be used in line with the IFU. The Seller cannot accept any liability for inaccurate or inconclusive results because of user error that result in the onset of any medical conditions or symptoms, or financial losses.
4.2. Do not use the Tests if an IFU is not supplied. If the IFU is not present, contact us at [email protected]. See our shipping and returns policy for more information.
4.3. Always read the IFU before using the Tests. If you are unsure how to use the test after reading the IFU contact our team for further information or ask to return the test under our shipping and returns policy.
4.4. The Tests on the Website are not a substitute for professional medical advice. The Seller also does not accept liability for the onset of any medical conditions or symptoms due to disregarding or delaying seeking medical advice due to something you have read on this Website or following any results you have gained after using the Tests.
4.5. We do not offer medical advice or a medical emergency service. If you think you may have a medical emergency or health condition, call a doctor or the emergency services.
4.6. All persons intending to use the Goods must rely on their own knowledge and judgment in the selection and use of those Goods.
4.7. The Goods have a limited shelf life for use and require storage at certain temperatures – see individual information and labelling for each of the Goods for details. The Seller will only accept return and refund claims if all relevant guidelines for storage and use, including all Seller instructions for use, have been followed.
4.8. Buyers are responsible for complying with any legislation or regulations governing the importation of the Goods into the territory in which they are to be used.
4.9. The Buyer is not entitled to re-sell the Goods under any circumstances unless prior written permission has been given by the Seller under terms of a contract.
4.10. The Buyer shall use and handle and supply the Goods in accordance with applicable laws and regulations, including applicable health and safety regulations. The Buyer and/or its personnel handling the Goods shall have the appropriate qualification and training necessary to handle such Goods.
5.1. Subject to the provisions of these terms of sale, the Seller warrants that the Goods shall, on delivery, conform in all material respects with their description in the Accepted Order and any applicable specification, data sheets or delivery notes accompanying the Goods and will be free from defects in material and workmanship.
5.2. The Seller reserves the right (but does not assume the obligation) to make any changes in the specification of the Goods which are required to conform with any applicable legislation or, where the Goods are to be supplied to the Buyer’s specification, which do not materially adversely affect their quality or performance.
5.3. The Seller shall not be liable for a breach of the warranty unless:
5.3.1. the Buyer gives written notice of the defect to the Seller within 14 days of the time when the Buyer discovers or ought to have become aware of the defect; and
5.3.2. The Seller is given a reasonable opportunity to examine such Goods and the Buyer, at the Seller’s request, returns such Goods to the Seller.
5.4. The Seller shall not be liable for a breach of any of the warranty if:
5.4.1. the Buyer makes any further use of such Goods after discovering the defect;
5.4.2. the defect arose because of any specification or instructions supplied by the Buyer;
5.4.3. the defect arose because the Buyer failed to follow the Seller´s instructions (including instructions with respect to storage), or failed to follow good practice;
5.4.4. the Buyer modifies such Goods without the prior written consent of the Seller;
5.4.5. the defect arose as a result of damage, mishandling, misuse or any other adverse event occurring after delivery;
5.4.6. the Goods in question are not used within the product expiry as indicated on the Goods or the accompanying Datasheet.
5.5. This limited warranty shall expire upon the earlier of: (i) The Buyer’s incorporation of the Goods into other products, or (ii) the expiration date of the Products provided by the Seller with the Products at the time of delivery (or, if there is no such expiration date, one (1) year from the date of delivery of the Goods).
5.6. If any of the Goods or Custom Services do not conform with the warranty set out, The Seller shall, at its option, replace such Goods or refund the price of such Goods. If the Seller requests that the Buyer returns the defective Goods, the Buyer shall return the Goods and the Seller shall pay the Buyer’s reasonable costs for returning the Goods to the Seller. Except as set out in this Clause 5.6 the Buyer shall have no right or remedy for a breach of the warranty set out in Clause 5.1 in respect of such Goods.
5.7. The Buyer undertakes and warrants that all details provided for the purpose of placing the order will be correct and that, where credit or debit cards are used for an order through the Website on-line ordering facility, that any credit or debit card used belongs to the Buyer.
5.8. Subject as expressly provided in these terms and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these terms, including the right to cancel the contract within 14 days of receiving the Goods.
5.9. Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or Custom Services (including any delay in supplying or any failure to supply the Goods or Custom Services in accordance with the Contract) or their use or resale by the Buyer and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods or Custom Services, except as expressly provided in these terms.
6. PRICES AND PAYMENT
6.1. The price for the Goods shall be the price set out in the Accepted Order or, if no price is quoted in the Accepted Order, the price set out in the Seller´s price list that is in force on the date of the Accepted Order.
6.2. The prices quoted on the Website do not include packing and carriage charges or insurance and are exclusive of VAT and all other taxes and duties.
6.3. The Buyer will pay VAT in accordance with applicable legislation and all other taxes and duties payable in connection with the supply of the Products and their export and import into any territory.
6.4. The Seller reserves the right to charge extra in relation to packaging, loading, unloading, carriage and insurance but may, at its discretion, waive such additional charges. In such circumstances the Seller will give the Buyer an estimate of the packing charge on receipt of the Order.
6.5. Prices on the website are shown for standard package sizes. The Seller will supply the Buyer with prices for quantities outside those listed in the Catalogue, or on the website, on request.
6.6. Where applicable, if the Buyer is not VAT registered or is unable to provide the Seller with a valid VAT number, the Seller shall charge the Buyer VAT at the VAT rate in force in the UK at the date of the Accepted Order. The Seller shall not charge the Buyer any VAT where the Buyer is based within the UK but is exempt from paying VAT, provided that the Buyer has submitted to the Seller a valid exemption certificate with its order. For Buyers outside the UK, UK VAT will not be charged but the Buyer has responsibility to ensure that VAT, import taxes, customs clearance and duties in the destination country are paid by the Buyer where necessary, and follow local requirements for transport procedures.
6.7. All payments can be made in pounds sterling (£), euro (€) or US dollars ($) but the currency used must be the currency denominated on the accepted order, invoice, or displayed on the website.
6.8. The Seller may, by giving notice to the Buyer 1 day before Delivery, increase the price of Goods to reflect any increase in the cost of the Goods that is due to any factor beyond the Seller’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs or in prices charged by its suppliers).
6.9. For Buyers holding a credit account with the Seller, or otherwise approved by the Seller, payment in full shall be made within thirty days of the date of invoice, unless agreed in writing otherwise. For other Buyers, remittance of the order amount in full must accompany orders. Time for payment shall be of the essence of the Contract.
6.10. If the Buyer fails to pay the Seller any sum due, without prejudice to any other right or remedy available to the Seller, the Buyer shall pay interest to the Seller on such sum at the statutory rate for late payments from the due date for payment, until payment is made in full, whether before or after any judgment.
7. RETURNS & REFUNDS
See shipping and returns policy for more information.
8.1. The Seller does not accept liability for the onset of any medical conditions or symptoms, death, or financial losses due to disregarding or delaying seeking medical advice due to something you have read on this Website or following any results you have gained after using the Tests.
8.2. The Seller cannot accept any liability for inaccurate or inconclusive results because of user error, because of not following the IFU, that result in the onset of any medical conditions or symptoms, death, or financial losses.
8.3. The following provisions set out the entire liability of the Seller to the Buyer in respect of:
8.3.1. any breach of these terms of sale or any Contract;
8.3.2. any use made or resale of any of the Goods, or of any product incorporating any of the Goods; and
8.3.3. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.3.4. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8.3.5. The Seller shall not be liable for any loss (whether direct, indirect, or consequential), costs, damages, charges or expenses caused by any delay in delivering, even if caused by the Seller´s negligence. Any liability of the Seller for failing to deliver shall be limited to delivering or making the Goods available within a reasonable time or issuing a refund or credit note at the pro rata price payable for the Goods, under the Accepted Order against any invoice raised for such Goods;
8.4. The Seller shall not be liable to the Buyer for any loss (whether direct, indirect or consequential), costs, damages, charges or expenses caused by use of the Goods by or on behalf of the Buyer in contravention of the provisions of this Clause 8; and
8.5. The Seller shall not be liable for any economic loss, loss of profit, loss of business, depletion of goodwill, loss of anticipated savings; loss of goods; loss of contract; loss of use (in each case whether direct, indirect or consequential), or for any indirect or consequential loss whatsoever and howsoever caused which arises out of or in connection with the sale of Goods.
9. DATA AND PRIVACY
10.1. Failure or delay by the Seller to exercise any right or remedy under these terms of sale shall not be deemed a waiver of it, or prevent the Seller from exercising it on any occasion.
10.2. The Seller does not grant the Buyer by implication, estoppels or otherwise, any right, title, licence or interest in any intellectual property rights of the Seller or any affiliate of the Seller provided that the Buyer shall be entitled to use the Goods supplied by the Seller.
10.3. The Seller reserves the right to make changes to these terms of sale at any time. Any amended terms of sale shall be effective from the date specified on the amended terms of sale.
10.4. If any of these terms of sale are deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining terms of sale.
10.5. The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to these terms of sale.
10.6. English law shall govern the formation, validity, interpretation and performance of any Contract and the parties submit to the exclusive jurisdiction of the English courts, except that the Seller shall have the right to seek payment of any sums due under a Contract in any foreign court.
10.7. Nothing in these conditions shall be construed as excluding or restricting any statutory liability or rights which under law must not be so excluded or restricted.
ABINGDON HEALTH GROUP COMPANIES
Abingdon Health plc, Sand Hutton, York, YO41 1LZ
Company Registration No. 06475379. Vat No. GB 948 5599 53
Forsite Diagnostics Ltd (trading as Abingdon Health), Sand Hutton, York, YO41 1LZ
Company Registration No. 05696673. Vat No. GB 895 1490 86
Serascience Limited (trading as Abingdon Health), Sand Hutton, York, YO41 1LZ
Company Registration no. 07591669. VAT GB 122 219652
Molecular Vision Limited, Sand Hutton, York, YO41 1LZ
Company Registration no. 04292847. VAT GB 888 1126 96
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