Regenerus Laboratories - Terms and Conditions of Supply
- THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
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 products to you, how you and we may change or end the contract that arose from the order you placed with us, what to do if there is a problem and other important information.
1.3 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 customer or a consumer. You are a consumer if:
- You are an individual; and
- 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).
1.4 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 these terms and conditions.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Regenerus Laboratories Ltd trading as Regenerus Laboratories registered in England under company number 08077110 with registered office at Aero 14, Kings Mill Lane, Redhill, Surrey RH1 5JY . Our registered VAT number is 137776084
2.2 How to contact us. You can contact us by telephoning us at 0203 750 0870 or by writing to us at our email address: info@regeneruslabs.com or to our postal address: Regenerus Laboratories Ltd, Aero 14, Kings Mill Lane, Redhill, Surrey RH1 5JY.
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.
- OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it or you submit your order directly via one of our electronic systems, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing 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 our usual delivery timeframe.
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 Currency. All transactions will be carried out in GBP. All payments or refunds will be undertaken in British Pounds "GBP" only. Regenerus Laboratories is not responsible for any variance in the exchange rate or fees associated with international customers purchases which may be allowable in other currencies through our website.
- OUR PRODUCTS
Our products may vary from time to time. Our available products and prices are set out on our practitioner portal. The prices set out on the site do not include VAT which will be added at the applicable rate.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order 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 product, 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.
- OUR RIGHTS TO MAKE CHANGES
6.1 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.
6.2 More significant changes to the products and these terms. If we make significant changes to the product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.3 Updates to digital content. We may update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
- PROVIDING THE PRODUCTS
7.1 Shipping costs. The shipping costs are set out at https://regeneruslabs.com/pages/shipping-rates. Unless otherwise listed, all return shipping provided by Regenerus Laboratories is payable in addition to the laboratory testing fee.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
7.3 We are not responsible for delays outside our control. If our supply of the products 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.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the shipping service provider will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.9 When you own the goods. You own a product which is goods once we have received payment in full.
7.10 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, for example, your first name, last name, date of birth and contact details. 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 Clause 10.2 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.
7.11 Reasons we may suspend the supply of products. 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;
- YOUR RIGHTS TO END THE CONTRACT
8.1 Ending 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 replaced or a service re-performed or to get some or all of your money back), see Clause 12 if you are a consumer and Clause 13 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 Clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, 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 and you will have to pay the costs of return of any goods.
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 (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 (see Clause 6.2);
(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; or
(e) 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 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.
8.4 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:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) services, once these have been submitted to a laboratory partner for analysis even if the cancellation period is still running;
(c) digital products after you have started to download these or received access passwords; and
(d) any products which become mixed inseparably with other items after their delivery.
8.5 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 digital content for download? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods? 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) receives 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.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR 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 us on 0203 750 0870 or email us at info@regeneruslabs.com. Please provide your name, address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the form set out at the end of these Terms of Use and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us in their original unopened packaging in a resalable condition and that if relevant any expiry date has no less than 3 months remaining. We will deduct a restocking fee of up to £35 plus any original postal costs. No refunds will be considered on orders over 4 months old. Laboratory Analysis Test refunds will only be provided on samples on which the analysis has not been started. You must post the products back to us at Returns Department, Regenerus Laboratories Ltd, Aero 14, Kings Mill Lane, Redhill, Surrey RH1 5JY or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0203 750 0870 or email us at info@regeneruslabs.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. Where a contract is terminated, you are required to delete and/or destroy any copies of material you have downloaded from the site pursuant to that contact including in any materials into which they have been incorporated, and return all unused test collection kits supplied pursuant to that contract.
9.3 Educational Events: If you notify us of a cancellation of an order for an Educational Event hosted by us, refunds can be available depending on the length of prior notice you give us prior to the planned date of the Educational Event, as follows:
|
Length of prior notice of cancellation |
Percentage refund |
|
More than 12 weeks |
100% |
|
Between 8-12 weeks |
50% |
|
Between 5-8 weeks |
25% |
|
Less than 5 weeks |
Nil |
9.4 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product 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.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.5 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard shipping, see https://regeneruslabs.com/pages/shipping-rates.
9.6 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 products including shipping costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.7 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, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- OUR RIGHTS TO END THE CONTRACT
10.1 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 14 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, for example, a delivery address, the first name and last name and date of birth of the person whose sample is being tested; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us or comply fully with the requirements for sending samples to us set out at https://regeneruslabs.com/pages/returning-a-test.
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 products we have not provided but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the contract.
- 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 0203 750 0870 or write to us at info@regeneruslabs.com or Customer Services, Regenerus Laboratories Ltd, Aero 14, Kings Mill Lane, Redhill, Surrey RH1 5JY.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0203 750 0870 or email us at info@regeneruslabs.com for a return label or to arrange collection.
12.3 Defective laboratory testing. In the event that there is an error by the testing laboratory which requires a fresh sample to be obtained and tested, we will send you a replacement laboratory sample test kit and will cover the shipping costs and will pay you by way of compensation up to £35 towards your cost for repeat blood drawing services (where required) subject to us receiving by way of evidence of such cost your receipt for payment for those services.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer we warrant that on delivery any products which are 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); and
(d) be fit for any purpose held out by us.
13.2 Subject to Clause 13.3, if:
(a) you give us notice in writing within a reasonable time of delivery to you that a product does not comply with the warranty set out in Clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
(a) you make any use of such product after giving a notice in accordance with Clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, use or appropriate repackaging of the product;
(c) the defect arises as a result of wilful damage, negligence, or abnormal storage conditions or repackaging.
13.4 Except as provided in this Clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any replacement products supplied by us under Clause 13.2.
13.6 In the event that the wrong product is ordered due to an error on our part, you must inform us as soon as you discover the error, and must inform us within 24 hours of completing a download, in order to receive a refund equal to the purchase price of the relevant product. Any notification received outside of this time period is at our discretion.
- PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you place your order at https://regeneruslabs.com/pages/advanced-search. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 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.
14.3 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 your order date, we will charge the lower amount. If the product’s 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.
14.4 When you must pay and how you must pay. Payment details are set out at https://regeneruslabs.com/pages/summary-terms-of-business. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you download them.
(c) For services, you must pay for the services before we arrange for them.
14.5 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).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 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. However, in selecting and using our products you acknowledge that we do not make any recommendations as to which test kit is appropriate for you, that our testing service is limited to providing testing kits and arranging for the samples to be tested by the appropriate laboratory and providing the results to you or your health care practitioner, where you have provided us with written permission to share your results with your named health care practitioner. You acknowledge that we will not interpret your laboratory test results or advise you on any aspect of the results (or make any recommendations on supplements) and you agree not to hold us liable for any outcome resulting from us supplying the results to you and any action you take in response to them.
Practitioners wishing to utilise the Omnos platform or grant their patients access to results via Omnos must refer to the T&Cs within the Omnos platform, where recommendations for patient use are provided as part of the current service.
15.2 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.
15.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business, or re-sale purpose our liability to you will be limited as set out in Clause 16.
15.4 Third Party Providers. We may list third party providers on https://regeneruslabs.com/tools/find-a-blood-service or otherwise suggest external independent service providers to customers to help fulfil their needs. We accept no liability or compensation claims for loss, damages or injury caused by any such independent service provider.
15.5 Shipping delays: Refunds and reimbursements are not available for any losses caused by a shipping delay by a courier service or postal service provider. We will not be liable for any refunds or cost reimbursements resulting from any laboratory test failure resulting from such shipping delays.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 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.
16.2 Except to the extent expressly stated in Clause 13.1 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.
16.3 Subject to Clause 16.1:
(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 including any losses caused by a shipping delay by a courier service or postal service provider and for any laboratory test failure resulting from such shipping delays;
(b) we shall not be liable to you for loss, damages or injury caused by an external independent service provider even where such independent service provider was listed on https://regeneruslabs.com/tools/find-a-blood-service; or otherwise notified to you by us; and
(c) you acknowledge that our testing service is limited to providing a range of testing kits, arranging for the samples to be tested by the appropriate laboratory and providing you with the results, and, where an appointment is booked by you, to provide the services of a clinical support team to assist you in the interpretation of the laboratory test results but that we will not advise you on any aspect of the results (or make any recommendations on supplements) and you agree not to hold us liable for any outcome resulting from us supplying the results to you and any action taken in response to them. Practitioners wishing to utilise the Omnos platform or grant their patients access to results via Omnos must refer to the T&Cs within the Omnos platform, where recommendations for patient use are provided as part of the current service; and
(d) 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 products under such contract.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.
- OTHER IMPORTANT TERMS
18.1 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.
18.2 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.
18.3 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.
18.4 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. However please contact us first to see if we can resolve your issue. You can contact us by telephoning us at 0203 750 0870 or by writing to us at our email address: info@regeneruslabs.com or to our postal address: Regenerus Laboratories Ltd, Aero 14, Kings Mill Lane, Redhill, Surrey RH1 5JY.
18.5 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. However please contact us first to see if we can resolve your issue. You can contact us by telephoning us at 0203 750 0870 or by writing to us at our email address: info@regeneruslabs.com or to our postal address: Regenerus Laboratories Ltd, Aero 14, Kings Mill Lane, Redhill, Surrey RH1 5JY.
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To: Regenerus Laboratories Ltd
Aero 14, Kings Mill Lane,
Redhill
Surrey
RH1 5YP
Email: info@regeneruslabs.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Order Code [ insert ]
Ordered on [*]/received on [*],
Name of consumer(s) [ insert ]
Address of consumer(s) [ insert ]
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate