Important: Each term should be read carefully. These terms strictly limit or define the parties’ obligations.
The following terms and conditions will apply to all purchases of “Test(s)” made by “The Customer” from YorkTest Laboratories Ltd (YTL).
These Conditions comprise all the terms of the Contract between The Customer and YTL for the Test(s) as described in clause 2. If you click the ‘Proceed to Checkout’ icon, to accept or use the Tests, The Customer shall be deemed to accept these Conditions, despite anything to the contrary stated in The Customer order.
A contract shall come into effect when YTL responds to The Customer by email upon receipt by YTL from The Customer of an order using the website specifying the Test(s) that The Customer wishes to purchase, or when the customer makes a purchase with YTL directly.
1.1 In this Contract:
Conditions means the terms and conditions set out in this Contract; “Contract” means a contract between The Customer and YTL incorporating these terms and conditions;
“Sample collection kit(s)” means the kit(s) received by the customer in order to collect their blood or stool sample.
Test(s) means the one or more of the tests and/or the related sample collection kit(s) as described in clause 2 as selected by The Customer and sold by YTL to The Customer;
Test Results means the results supplied by YTL to The Customer from the samples taken by The Customer using the “sample collection kits”.
1.2 Any reference in this Contract to any provision of a statute shall include any subsequent amended provision, re-enactment or extended provision relevant at any time.
1.3 The headings in this Contract are for convenience only and shall not affect its interpretation.
2. What the tests cover
YTL’s Tests are designed, depending on the Test the Customer orders, to highlight the following:
2.1 If the Customer has ordered a Food Intolerance Programme
YTL’s tests are NOT designed to, nor will The Customer results indicate, that The Customer (may) suffer an allergic reaction to those individual foods or food groups covered by the test The Customer has ordered. YTL accepts no responsibility for any condition or symptoms The Customer may develop caused by an allergic reaction to certain foods or food groups. Please note that YTL’s food intolerance tests are not guaranteed to identify food reactions The Customer suffers from; particularly in the following circumstances:
2.1.1 Where any food or food group has not been regularly consumed as part of The Customer diet for at least 2 months prior to the test; or
2.1.2 Where the Customer is taking prescribed drugs such as immunosuppressants or steroids.
2.1.3 YTL advises The Customer to consult your medical practitioner if you are concerned about your symptoms, also to consult your medical practitioner with your test results, particularly in the following circumstances:
2.1.4 If you are unsure of the difference between food sensitivities, food intolerance or food allergies; or
2.1.5 where you are taking any prescribed drugs or medication.
2.1.6 Please note: Raised levels of IgG antibodies within your blood indicate that an IgG antibody reaction to a particular food has occurred. If you have already taken the decision to eliminate a particular food and have not been eating that food for over a month, it may not show up on your results. This is because the level of IgG within your blood will have reduced because of the elimination. If you know the eliminated food is something that triggers your symptoms, do not start eating it again just to confirm this through the test. We do not want to encourage you to eat a food which you already know is a problem for you.
3. Prices and conditions of sale
3.1 The price of the Test(s) shall be the price quoted on the website or in the literature of YTL as amended from time to time and are subject to delivery charges as stated in clause 4 below. All payments shall be made in Krone on YorkTest.no.
3.2 To place your order select the Test(s) you wish to purchase and click on the “Add To Basket” icon. After you have finished your selection, click on the “Proceed to checkout” and you will be asked for a few details that we need to be able to satisfy the order:
3.2.1 For orders placed over the internet, we accept online payment in Krone through our website checkout service.
3.3 If you send your order over the internet, YTL will send you an order confirmation by email.
3.4 YTL reserves the right to increase the price of the Test(s) to reflect any increase in the cost to YTL which is due to any factor beyond the control of YTL and/or any change in delivery dates or quantities which is requested by The Customer.
3.5 The Customer shall pay to YTL the price of the Test(s) prior to delivery. Once cleared funds have been received YTL shall arrange delivery of the Test(s).
4. Delivery charges
4.1 All standard delivery and handling charges are included in the price(s) shown on the website.
4.2 YTL shall deliver the Test(s) by post to The Customer upon receipt of cleared funds from The Customer. Orders will be delivered to the address stipulated by The Customer on the order form in the section marked “Delivery Details”.
4.3 Any dates quoted for delivery of the Test(s) are approximate only and YTL shall not be liable for any delay in delivery of the Test(s). Times for delivery shall not be of the essence unless previously agreed by YTL in writing. The Test(s) may be delivered by YTL in advance of the quoted delivery date.
4.4 If YTL fails to deliver the Test(s) for any reason other than any cause beyond YTL’s reasonable control, and YTL is accordingly liable to The Customer, YTL’s liability shall be limited to the price of the Test(s) in relation to The Customer order.
4.5 It is the express responsibility of The Customer to inspect the Test(s) immediately upon their delivery. The Customer shall notify YTL within 28 days of delivery in respect of any damage to the Test(s), shortfall or incorrect specification being delivered. If The Customer does not notify YTL within 28 days following delivery the Test(s) shall be deemed in accordance with the order placed by The Customer and completely satisfactory.
5. Cancellation of The Customer order
Under the Distance Selling Regulations The Customer may cancel the order within 7 working days from the day after the Test Kit(s) have been received. To do this The Customer must either notify YTL by email or send a letter to YorkTest Laboratories Ltd, Genesis 3, York Science Park, YO10 5DQ, United Kingdom that the Test(s) Kit(s) are being returned. A refund will be made within 30 days of receiving the cancellation request. Further details of the Distance Selling Regulations can be found at: http://www.berr.gov.uk/consumers/buying-selling/distance-selling/index.html
6. Availability of testing kit
In the event that your Test(s) is not in stock or for some other reason cannot be delivered to The Customer within 30 days, YTL will contact The Customer using the means by which we send The Customer order confirmation (see clause 3 above) giving The Customer details of the likely delivery date and giving The Customer the option to cancel The Customer order if The Customer would rather not wait. If The Customer decides to cancel the order due to the above reasons, YTL will issue a full refund of monies paid.
7. Receipt of The Customer testing kit
7.1 On receipt of your Test(s), you need to take your sample(s) following the instructions contained within your Test(s) carefully. The Customer sample(s) need to be returned to YTL for analysis in the container provided with the Test(s).
For information about our dispatch and delivery times, please contact our Customer Care Team firstname.lastname@example.org.
8. Governing Law and Jurisdiction
8.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
8.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).