1- Terms and Conditions

• “We” are Kitonic Ltd, a company registered in England and Wales under company number “….”
• “You” are the customer who has accessed our website (Kitonic) and intends to place or has placed an order for our Product(s).
• These terms and conditions along with our Privacy Policy (together, the “Terms”) apply throughout our website and/or written/verbal correspondence between you and us. If there is any conflict between these Terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these Terms shall prevail.
• You may purchase Products for yourself (and create a personal account “Account”)
• The person who is providing a sample for testing must be the account holder for that test and created an account with Kitonic.
• When creating an account you must provide us with certain personal information – including your full name, address, gender and date of birth.
• You must be at least 18 years old to purchase a Product and to provide a sample for testing.
• You may only use Products within the United Kingdom.
• Results, comments/interpretation provided by us in relation to those results are for the purposes of information only. They aim to provide an insight into helping you to understand your health but do not, and are not intended to, constitute a clinical diagnosis. This service is not a substitute for proper medical investigation and Kitonic do not provide clinical or diagnostic services. Our comments are based on information available, provided by you, and this information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from. If you have any concerns regarding your health or your test results you should discuss them directly with your GP or a doctor.
• Based on the results of your test(s) and/or other information that you have provided to us, we may recommend follow-up investigations via your GP or that you purchase a follow-up test for further investigation or both. You agree that you are solely responsible for acting on such guidance and that Kitonic accepts no liability in the event you choose not to follow any guidance provided by Kitonic.   

2- Contacting us

• If you wish to contact us for any reason, including cancelling a Contract (as defined in section 10 below) or to make a complaint, you can contact us by e-mailing us at info@Kitonicuk.com
• If you contact us by email please do so using the email address used when you set up your account, and include your order number to help us identify you. We will ask you to verify your personal details in order to validate your identity and protect your data.
• If we need to contact you we will do so by e-mail, phone or occasionally by letter using the contact details you provide to us in your order. By providing us with your contact details you give us your consent to contact you about the service we provide and Products (as defined in clause 2.9 below) you have bought or enquired about. If necessary we may leave you a message. We do not send test results to you by email unless you expressly ask us to do so. On rare occasions we may need to contact you about your results if they indicate that you require urgent medical attention. It is important that your contact details are correct and it is your responsibility to ensure that they are kept up-to-date.    

3- Our product

• We provide an online service whereby you can order a medical test either online.
• If you purchase our product you have opted to take a finger prick sample at home, we will send you a sample collection kit in the post. This kit contains all the items you will need including  instructions to take your sample. These instructions must be followed carefully. Only the equipment provided in the kit should be used to take your sample. We will not be liable to you for any injury you may suffer if you use equipment not provided by Kitonic.
• You will then send your sample to a partner laboratory of Kitonic to process. We will provide you with a prepaid return envelope to send your sample to the laboratory using a Royal Mail Tracked service. You should make a note of the number under the bar code on the label so that you can track your package. You should post your sample back to us using a Royal Mail Priority post box. This service is prioritised over the standard post, but does not guarantee a delivery time. For certain tests we may ask you to send your sample using a guaranteed next day delivery service and this will be at your own cost. Posting instructions are subject to change and you should follow the instructions on the email that we send to you when we process your order.
• The results of your test(s) and any accompanying interpretation by a doctor will be uploaded to your secure online Kitonic account.
• We may contact you by telephone, SMS message or email regarding your sample and test results if necessary.
• This section makes up the product that we are providing to you (“Product”). The Product will be deemed to be delivered to you once your test results have been made available as set out in this section.
• Some of the tests sold by Kitonic are specialist pathology tests. You agree that you are solely responsible for selecting tests and that any tests you do purchase from Kitonic are suitable for you and their intended purpose. If in doubt please talk to your doctor or a qualified medical professional.

4- Medical questionnaire and how we use your personal information.

• To enable us to effectively provide the Product you are given the opportunity to complete a short medical questionnaire in your Account. The medical questionnaire asks for information about your medical history, lifestyle, family health history and gender-specific details. You are also given the option to provide details of symptoms you may be suffering or other medical or lifestyle information you feel may be relevant to the test at the time you place an order or activate a test.
• It is not compulsory to provide this information but it may assist us to provide a more relevant interpretation of your test results.
• Except as set out below, any information that is collected from the medical questionnaire and/or the test results will be used solely in relation to the Products you have purchased from us. By placing an order you give us your consent to pass any and all relevant information about you on to our partner clinics and laboratories and/or to our employees and agents for the purposes of preparing your sample and analysing and interpreting the results. We may use your information for our own business analysis, product development and marketing purposes and may pass information about you to third parties engaged by us under a duty of confidence to assist us in these tasks. We will not sell or pass on your personal information to third parties to enable them to contact you directly or market their products or services to you. Your information may also be used, on an anonymous basis, by us and third parties engaged by us for the purpose of scientific research or examining aggregate medical or clinical trial data. Your data may be shared with Public Health England (PHE) and/or your local health protection team in accordance with the Health Protection (Notification) Regulations 2010 if your test result detects a notifiable disease. These diseases include but are not limited to acute infectious hepatitis, COVID-19, measles, mumps, rubella, tuberculosis and whooping cough.
• None of your personal information will be passed on to your doctor or any other third party, other than for those reasons set out above.
• We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

5- How the contract is formed between you and us

• Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the process.
• Payment must be received in full in cleared funds prior to us processing your order. Once payment is received, we will confirm our acceptance to you by sending you a confirmation email (“Acceptance Confirmation”). The contract between us will only be formed on the date we send you the Acceptance Confirmation (the “Contract”).
• The test is valid for 120 days from the date that we process your order (the “Validity Period”) – see section 8 for further information about the dispatch of the kit. If you do not send a sample to the laboratory within the Validity Period your test will expire and you will not be entitled to a refund.
• If for any reason, we are unable to perform a test you have ordered, we will inform you by email or by phone and will not send an Acceptance Confirmation. If you have already paid for the test we will refund you the full amount within 10 working days. A working day is any day other than a Saturday, Sunday or public holiday in the UK (“Working Day”).
• By purchasing or activating a test and sending a sample to one of our laboratories you are giving Kitonic and its partner laboratories your informed consent to perform the tests you have ordered.   

6- How to pay

• You may pay for Products using a debit or credit card. Please refer to our checkout page for a list of current payment options.

7- Price of products and delivery charges

• The price of the Products is as quoted on our website at the time you submit your order.
• If you choose to return any samples to our laboratory via recorded or guaranteed next day delivery you will do so at your own cost.
• Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
• The price of a Product includes VAT at the applicable current rate chargeable in the UK for the time being.

8- Despatch and delivery

• After your payment has been processed and you have received an Acceptance Confirmation we will process your order within 2 working days. A working day is any day other than a Saturday, Sunday or public holiday in the UK (“Working Day”). When we process your order we will send you a sample collection kit (if required) by first class post. You should receive your kit within 2 (two) Working Days, although this delivery time is not guaranteed. Further delivery options (e.g. Tracked delivery) are available at an extra cost during the checkout process.
• When we process your order we will send you an email to confirm this, and this email will include important information about your test. It is your responsibility to ensure that you have read and understood this information before you proceed to take your sample.  Kitonic accepts no liability if you do not follow the instructions supplied in this email.
• Delivery of a sample collection kit shall be completed upon our first attempt to deliver it to the address you have provided and the sample collection kit and sample will be your responsibility from that time until it reaches our laboratory for analysis.
• If you lose or damage your sample collection kit, we will send you a replacement kit subject to payment by you of £10 to cover the cost of doing so.
• If your sample collection kit arrives in the post damaged, we will send you a replacement kit as soon as you notify us.

9- Samples and test results

• Any sample you send (whether it is blood, tissue, bodily fluid, or other biological sample) to one of our laboratories for analysis will be analysed only in relation to the test or tests that you have ordered.
• Certain tests require you to fast for a minimum period prior to collecting a sample, refrain from consuming alcohol beforehand, take your sample at a certain time of day, or prepare in other specified ways. We will provide you with clear instructions if you order a test with special sample requirements and it is imperative that you follow these instructions carefully to ensure reliable test results. If you do not follow these instructions, Kitonic will not be responsible for any impact to your results.
• Samples will be collected by you using the self-collection kit we send you. Please follow the enclosed instructions carefully and return your sample using the pre-paid envelope provided on the same day it was taken.
• You must send samples collected in accordance with instructions to the laboratory using the pre-paid envelope provided on the day the sample was taken to ensure that it arrives at the laboratory the following day. Failure to do so may lead to deterioration of your sample which could affect the accuracy of your test results. We do not accept responsibility for results that are compromised due to delays in returning samples or where samples are lost in the post. If you are concerned that your usual postal service will not result in next day delivery, we recommend that you return your sample using a guaranteed next-day service. This will be at your cost.
• Occasionally the laboratories are unable to test samples sent to them. This may be because the amount collected is insufficient for full analysis, the sample has deteriorated or clotted or because it has haemolysed (where red blood cells damaged during sample collection leak their contents into the surrounding plasma).
• Every test on our website has a corresponding turnaround time which is an estimate of the time it will take for your sample, once received by the laboratory, to be tested and the test results made available to you online (“Turnaround Time”). It is an estimate only and is stated in Working Days. It is not binding on us and we do not guarantee that test results will be available in the published Turnaround Time. If you purchase multiple tests in one order we may, in certain circumstances, make results available to you only when the results of all tests have been received from the laboratory. The longest Turnaround Time for all of the tests ordered will apply in this case.

10- Cancellations and refunds

• You may cancel your order at any time before a sample collection kit has been dispatched to you and receive a full refund.
• Once your testing kit has been despatched, you have up to 30 days to cancel the order. To cancel your order, please contact the customer care via email info@kitonicuk.com.
• This cancellation right does not apply if:
• you have already sent your sample to the laboratory for analysis;
• or the 30-day cancellation period has expired.
• Your legal right to cancel a Contract starts from the date you receive the Acceptance Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Your 30-day deadline for cancelling the Contract in relation to any testing kit that has been despatched starts from when you receive the confirmation email that the testing kit has been despatched.
• To cancel a Contract, please send us an email stating that you wish to cancel and the reason for the cancellation. Please email your cancellation request to customer.care@kitonic.com. Your reason for cancellation will not affect your right to cancel the order.
• If you send us your cancellation request by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you send your email before midnight on the last day of the cancellation period.
• If you cancel your Contract within the cancellation period and you are entitled to a refund we will refund you the price you paid for the Product(s) within 10 Working Days. Additional postage purchased is non-refundable.
• We will refund you to the payment method used by you to pay.

11- Promotions and discounts

• We reserve the right to change our promotional offers and discount vouchers at any point.

12- Our liability

• The Products you purchase from us are for private use only and you agree not to use the Products for any commercial purpose. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.
• Our total liability to you resulting from a Contract is limited to the total value of that Contract – meaning the price you paid for the Products and any additional services. In particular, we are not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:
• The sample you send being lost, delayed or damaged in transit or via post from you to the laboratory;
• The laboratory being unable to test your sample for any reason;
• Any injury, damage or loss you may suffer when using finger-prick lancets unless the lancet is shown to be defective;
• Any injury, damage or loss you may suffer when opening (or handling or using the components contained in) a sample collection kit;
• Test results not being made available to you within the turnaround time stated for any Product;
• Your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting;
• Your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;
• Your failure to show out-of-range test results to your GP or doctor if you opt to receive express results without them being reviewed by our medical staff;
• Your failure to send a sample to the laboratory for testing within the Validity Period outlined in section 5;
• Loss or damage that is not foreseeable;
• Events Outside Our Control as described:
• If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
• It is your responsibility to ensure that the relevant sample has been collected and sent to our laboratory within the Validity Period.
• We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) as amended by the Consumer Rights Act 2015;
• Any breach of the terms implied by section 9 to 11 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.

13- Events outside our control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (an “Event Outside Our Control”).
• If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
• we will contact you as soon as reasonably possible to notify you, and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of testing kits to you, we will arrange a new delivery date with you once the Event Outside Our Control is over.
• You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the Contract.

14- Our right to vary these terms

• We may amend the Terms from time to time.
• Every time you order Products from us, the Terms in force at the time of placing your order will apply to the Contract between you and us.
• If we have to revise the Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and what orders will be affected. We will let you know how to cancel the Contract if you are not happy with the changes and you may cancel in respect of any testing kit received (so long as it has not been opened, used or damaged) or just the testing kit you are yet to receive, or both (if applicable).
• If you opt to cancel the Contract we will arrange a full refund of the price you have paid once you have notified us.

15- Other important terms

• We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Terms.
• This Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
• Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• Please note that the Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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