Wellbeing Company Cornwall Limited Customer Terms
WELLBEING COMPANY CORNWALL LIMITED , operating www.rapidhealthtest.com (the ‘Wellbeing Site’) and trading as Rapid Health Test , is a company incorporated under the laws of England and Wales, with a registered number 07544454 and its registered office at Oak House, Feock, Truro, England TR3 6QR (‘Wellbeing ’ or ‘We’). We set out the following terms and conditions upon which WELLBEING offers a customer (‘You’, ‘Your’ or ‘Customer’) use of the Wellbeing Site to browse and purchase certain health and well-being products and services (the ‘Wellbeing Products & Services’).
Please note that new legislation and the terms of our Fulfilment Partner may mean that We have to amend our Terms from time to time so please note that these Terms can potentially change at any time, and it is up to You to check these Terms regularly before ordering. If You do not agree with the Terms, You should not use nor access the Wellbeing Site.
Our Wellbeing Site is a venue for Wellbeing to promote and sell Wellbeing Products & Services (‘Wellbeing Services’). Wellbeing is responsible for all online sales and marketing operations. You can contact us in relation to all claims, complaints and general queries involving these sales and marketing operations:
– By phone: 01872-229740
– By email to: email@example.com
– In writing to: WELLBEING COMPANY CORNWALL LIMITED trading as Rapid Health Test, Kent House, Truro, England TR1 1EQ; marked for the attention of the Director.
Where We need to contact You in relation to Your Order, We will use the contact details You provide to us during the Order process.
If You have any queries relating to our Terms, the Wellbeing Site or our marketing practices, please contact the customer service at firstname.lastname@example.org preferably before placing Your Order.
• Our Fulfilment Partner is responsible for all fulfilment operations in respect of the results to the COVID19-Swab Test Kit whether collected by a medical professional at an appointment to a Clinic Hotspot or collected by you at home or otherwise (the ‘Fulfilment Services’). This includes everything to do with reading and interpreting the results regarding the COVID19-Swab Test Kit and the receipt of a COVID19-Swab Test Kit and subsequent delivery of the results and Results to You. You can contact our Fulfilment Partner in relation to all claims, complaints and general queries involving these fulfilment operations:
– By email to: email@example.com
– In writing to: ReCoVa19, 6 Dells Close, Teddington, England, TW11 0LD; marked for the attention of the Director.
In the event that the Fulfilment Partner needs to contact You in relation to the fulfilment of Your Order, they will use the contact details You provide to us during the Order process (to which they have access to in accordance with our Wellbeing Customer Privacy Statement). Wellbeing will provide support to assist You with any issues that You have with fulfilment operations but the ultimate responsibility for this lies with the Fulfilment Partner. For the avoidance of doubt, in respect of any Wellbeing Product & Service purchased by You, the Fulfilment Partner is solely responsible for:
(a) the quality, safety and legality of a WELLBEING Product & Service and for the same being fit for purpose;
(b) the WELLBEING Appointment and
(c) ensuring that it carries on its business in compliance with all applicable laws (in particular, those relating to health and safety laws, statutes, regulations from time to time in force) and the highest standards of business practice and ethics).
You acknowledge and agree that the Wellbeing Products & Services are not a substitute for medical services, actual medical diagnosis or consultation with a doctor, and that the information contained in the Results does not constitute medical advice and/or recommendations for medical treatment and you will not rely on it as such.
We recommend that You always consult an appropriate medical professional for advice on Your specific circumstances and situation. You accept that any incomplete or inaccurate information on your health profile or the way you may have taken the sample or used the COVID19-SwabTest Kit may lead to incomplete or inaccurate interpretation and Results. You assume full responsibility for reading and drawing conclusions from the Results obtained from Your use of the Fulfilment Services. We do not offer follow-up consultations based on the Results.
These Terms tell You who We are and what We do as the provider of the Wellbeing Services, what our Fulfilment Partner does as the provider of the Fulfilment Services in respect of the Wellbeing Products & Services, how Wellbeing Products & Services are provided to You, what You need to do to place an Order and book an Wellbeing Appointment, how Your Contract may be changed or ended, what to do if there is a problem and other important information.
DELIVERY of COVID19-Swab Test Kit is restricted to the United Kingdom ONLY. Bookings for Wellbeing Appointments are also restricted to the Clinic Hotspots located within the specific UK-based locations (and within a certain radius of a Clinic Hotspot) as indicated on the Wellbeing Site.
1.1. The Terms do not affect Your statutory rights. You agree, warrant and undertake that:
(a) all Wellbeing Products & Services ordered by You are for Your own private and domestic use only and are not for commercial resale;
(b) You reside in the United Kingdom or within EU Member countries;
(c) You are eighteen (18) years old or older;
(d) all details You provide to WELLBEING and the Fulfilment Partner for the purpose of ordering and purchasing are true, accurate, current and complete in all respects;
(e) the credit or debit card You are use is Your own and that there are enough funds in Your account to cover the required payment (or You are using one with full consent for, or on behalf of, another); and,
(f) e-mail and/ or SMS can be used to communicate where You have provided such in respect of any Orders.
1.2. During the registration process, You must choose a username and password (‘Customer Login’). You are responsible for all actions taken under that Customer Login and You must only purchase from the Wellbeing Site using Your own Customer Login. Please keep Your password safe and do not disclose it to anyone. You shall not permit anyone else to use it. If You think there has been some unauthorised use of Your Customer Login, You should change it.
1.3. If You do not comply with these Terms (including failing to make payment when due, failing to disclose Your identity when requested to do so by Wellbeing (or Fulfilment Partner), violating the rights of third parties or where We suspect You are engaged or are about to engage in, fraudulent or illegal activity on the Wellbeing Site), You may be subject to review, which can result in suspension of Your Customer Login and associated account privileges and/or termination. This includes all accounts by association. If You violate these Terms, We may terminate Your use of the Wellbeing Site, bar You from future use of the Wellbeing Site and/or take appropriate legal action against You. You agree that if Wellbeing, in good faith and in its sole discretion, determines that You have breached these Terms, Wellbeing may suspend or cancel Your pending Orders, including any Appointments booked.
1.4. Wellbeing reserves the right to limit in its sole discretion the number of Customer accounts per household. A single credit card may not be used in conjunction with multiple user accounts. Wellbeing limits the number of Customer accounts per natural person to one. Exceptions may apply. Please contact the customer service team at firstname.lastname@example.org if You have any questions.
2. Rights to make Changes
2.1. Please take time to read and check Your Order that You place. You are responsible for ensuring the information provided is correct. If You want to make a change to the Order or other details, please contact customer support at email@example.com. 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 purchase or anything else which would be necessary as a result of Your requested change. We will ask You to confirm whether You want to go ahead with the change. If We cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the Contract (please see Clause 8 for Your rights to end the Contract). This is subject to Clause 2.2 below.
2.2. It is NOT possible to make changes to Your COVID19-Swab Test Kit (including Your sample and the information provided by You in the package) once it has been posted to the testing laboratory.
2.3. We may make changes to the Wellbeing Menu on the Wellbeing Site and to the Wellbeing Site itself at an any time at our own sole discretion or as may be instructed by the Fulfilment Partner, including to:
(a) amend product and service offerings including pricing and descriptions and other information;
(b) brand or rebrand;
(c) reflect changes in relevant laws and regulatory requirements; or,
(d) implement minor technical adjustments and improvements, for example, to address a security threat.
3. Wellbeing Products & Services
3.1. We shall provide (or procure the provision of) certain products and services including but not limited to the following:
(a) The provision of Wellbeing Appointment bookings whereupon will be administered to You by professionally trained personnel of the Fulfilment Partner at a Clinic Hotspot;
(b) Delivery of a COVID19-Swab Test Kit;
(c) Provision of testing services by a laboratory and preparation of Results carried out by the Fulfilment Partner which will be presented to You via your account dashboard; and,
(d) any other services that We may provide from time to time or in the future.
(together, the ‘Wellbeing Products & Services’)
3.2. Working with our Fulfilment Partner, We warrant to You that We will use our reasonable endeavours at all times:
(a) procure that our Fulfilment Partner acts professionally and lawfully in the provision of the Wellbeing Products & Services and Fulfilment Services to You and delivers and performs them (or procures the delivery and performance of them) in compliance with the law and with the best skill, care and diligence in accordance with the relevant industry practice; and,
(b) procure that our Fulfilment Partner takes professional responsibility for Customers and act in Your best interests by using their highest professional and medical judgement.
4. Contract Formation
4.1. To place Your initial Order, You must register on the Site and log in to Your account using Your Customer Login. Once You have completed the purchase process, You will receive an e-mail acknowledging that We have received Your Order. However, please note that this does not mean that Your Order has been accepted. This is only an offer by You. We will confirm acceptance of Your offer by sending You an e-mail via our Fulfilment Partner that will confirm that the Order has been accepted (and any COVID19-Swab Test Kit will be dispatched) (‘Order Confirmation’). The Contract is only formed when We send You the Order Confirmation and We accept that Your request is for immediate performance.
Non-Acceptance of Your Order: If We are unable to accept Your Order on behalf of the Fulfilment Partner, We will inform You of this and will not charge You (and where We have already charged You, You accept that Your only available remedy if We are unable to accept Your Order after it has been placed is a refund of the amounts paid by You.
4.2. This might be because:
(a) the Product is out of stock;
(b) of unexpected limits on our (or Fulfilment Partner’s) resources which could not reasonably be planned for;
(c) an error in the price or description of the Wellbeing Product & Service has been identified; or,
(d) Fulfilment Partner is unable to meet a delivery or performance deadline that You have specified.
4.3. Availability: We list availability information for Wellbeing Products & Services on the Wellbeing Site. We cannot be more specific about availability. As We process Your Order, we will inform You by email as soon as possible if any Order turns out to be unavailable and any payment that You have made for that Product will be returned to You.
4.4. Order Number: We will assign an Order Number to Your Order and tell You what it is. It will help if You can tell us the Order Number whenever You make contact about Your Order.
5. Price and Payment
5.1. You must pay for Your Order using a debit card or credit card of a type listed on the Wellbeing Site prior to dispatch or performance. Payment for the Wellbeing Products & Services and all applicable Delivery Fees are payable in full in advance. We will pay the relevant amounts to the Fulfilment Partner on Your behalf.
5.2. Where to find the price for the Product: The price (which includes VAT at the applicable current rate chargeable in the UK for the time being) will be the list price set out on the Wellbeing Site in the Wellbeing Menu. We take all reasonable care to ensure that the prices advised to You are correct.
5.3. Delivery Fees for COVID19-Swab Test Kit: The price of a COVID19-Swab Test Kit does not include Delivery Fees unless expressly specified on our Site . Our Delivery Fees are as advised to You during the check-out process before You confirm Your Order which will be added at Your election. The actual Delivery Fees will be displayed on the checkout page before You place Your Order.
5.4. What happens if the price is wrong: It is always possible that, despite best efforts, some Wellbeing Products & Services may be incorrectly priced. Prices are normally checked before Your Order is accepted so that, where the correct price at Your Order date is less than the stated price at Your Order date, We will charge the lower amount. If the correct price at Your Order date is higher than the price stated to You, We will contact You for Your instructions before Your Order is accepted. If Your Order is accepted and processed where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, the Contract may be brought to an end and You will may be refunded any sums You have paid.
6. Providing COVID19-Swab Test Kits to You
6.1 COVID19-Swab Test Kits: Delivery & Validity: Your COVID19-Swab Test Kit will be posted to You within 2 Business Days following the next Business Day after We have accepted Your Order. This COVID19-Swab Test Kit is for You to take Your own sample and contains instructions on how You should do it along with a submission form. You must complete Your personal details as instructed. You acknowledge that if Your sample is not fully and correctly labelled, or you have contaminated it by doing the swab wrong, it cannot be processed. It is not possible to make changes, once You have posted it back. The validity of the COVID19-Swab Test Kit will expire after 180 days of delivery to You, so You are required to post it all back as instructed prior to that expiration date. You acknowledge that test outcomes depend on the quality of the sample, so You agree to adhere to the instructions provided. If You do not follow these instructions a defective or partial or indetermined test result may occur.
6.2 Results & Delivery: We anticipate that the Results will typically be available within 24-48 hours from the date Your sample is received by the Fulfilment Partner who will notify You by email that Your account dashboard has been updated accordingly. The Results is prepared solely on the basis of Your sample and the information which you have provided, without access to Your actual medical records. You:
(a) must not rely on the Results to diagnose or treat suspected or actual health or medical conditions; and,
(b) are solely responsible for any actions You take (or omit to take) before and after receiving the Results.
6.3 If You are not at home when the COVID19-Swab Test Kit is delivered: We or our Fulfilment Partner use Royal Mail to post the COVID19-Swab Test Kit you order. We cannot take any responsibility or guarantee the delivery to Your address.
6.4 Address correction costs. Please note that if You enter an incorrect delivery address and You wish to make an amendment, You may be liable to pay additional direct Delivery Fees for address correction. If You do not want to pay this additional charge, the COVID19-Swab Test Kit will be returned to the Fulfilment Partner and You will need to then place a new Order. You will receive no refund for the original Order in this case.
6.5 We may need certain information from You so that our Fulfilment Partner can supply the COVID19-Swab Test Kit to You e.g. correct delivery address. 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 or make an additional charge of a reasonable sum to compensate us (or Fulfilment Partner) for any extra work that is required as a result. We will not be responsible for supplying the COVID19-Swab Test Kit late if this is caused by You not giving us the information We need within a reasonable time.
If You are a consumer in the United Kingdom, You have a legal right to a “cooling off” period within which You can cancel the Contract for any reason. However, You agree and accept that by ordering Wellbeing Good & Services via the Wellbeing Site, You are ordering goods to which such cancellation rights do not apply for hygiene reasons and/ or You are requesting that the Fulfilment Services begin (and any goods associated with those Fulfilment Services that are delivered within the 14 calendar day cooling off period). Therefore, You acknowledge and agree to the following:
– If the Fulfilment Services are fully performed within the 14-calendar day cooling off period, You will lose Your right to cancel.
– If You cancel after provision of the Fulfilment Services has begun but is not yet complete (i.e. an Wellbeing Appointment booking has been made but has not yet taken place or, You have received a COVID19-Swab Test Kit You will still be required to pay for the cost of the goods which cannot be returned and/ or the services provided up until the point at which You inform us that You wish to cancel. If we decide at our own sole discretion that there is an amount to be refunded, this shall be calculated in proportion to the full price of the services and the cost to us (or our Fulfilment Partner) of the goods/ services already provided. For information relating to COVID19-Swab Test Kit, see Clauses 7.3(a) in particular; and, Wellbeing Appointments, see Clauses 7.3(b) and 7.5 in particular.
– We will make any refunds that might be applicable to You as soon as possible and in any event, within fourteen (14) days of the day We receive notice of Your cancellation of the Fulfilment Services.
7. Your Rights to End the Contract
7.1 Your rights when You end the Contract will depend on what You have bought, whether there is anything wrong with it, how We (and the Fulfilment Partner) are performing and when You decide to end the Contract:
(a) If what You have bought is faulty or misdescribed You may have a legal right to end the Contract (or to get the COVID19-Swab Test Kit replaced or to get some or all of Your money back), see Clause 10;
(b) If You want to end the Contract because of something We or our Fulfilment Partner have done or have told You will be done, see Clause 7.2;
(c) If You have changed Your mind about the Wellbeing Appointment booking, You may be able to get a refund in part or in whole if You are within the cooling-off period (see Clause 7.3(b)), but this may be subject to cancellation charges (as described in Clause 7.5) which We believe reflects reasonable deductions that We consider to be in proportion to what Fulfilment Services have been performed up until the point You communicate Your cancellation to us as the Fulfilment Services element starts from the time Your Order is confirmed as accepted to You.
(d) In all other cases (if We are not at fault and there is no right to change Your mind), see Clause 8.3.
7.2 If You are ending a Contract for a reason set out at (a) to (c) below, the Contract will end immediately and You will be refunded in full for any Wellbeing Products & Services which have not been provided to You. The reasons are:
(a) You have been told by us or our Fulfilment Partner about an error in the price or description of the Wellbeing Product & Service You have ordered and You do not wish to proceed; or
(b) there is a risk that supply and performance of the Wellbeing Products & Services may be significantly delayed because of an Event Outside our Control; or
(c) You have a legal right to end the Contract because of something We or our Fulfilment Partner have done wrong (including because Fulfilment Partner has not at all delivered (or performed) the Wellbeing Products & Services, or We or Fulfilment Partner have failed to do something material and substantial promised to You).
7.3 Exercising Your right to change Your mind:
(a) COVID19-Swab Test Kit (which is NOT faulty): You cannot return a COVID19-Swab Test Kit to us and get a refund even if You are within the 14 day cooling-off period simply because You change Your mind and want a refund if. This is for health protection and hygiene reasons.
(b) Wellbeing Appointment: If You end the Contract within the 14 day period and the Appointment booking has not yet taken place, You will be entitled to receive a refund for Your cancelled booking. The amount of the refund payable will be subject to the cancellation charges set out at Clause 7.5 as part of the Fulfilment Services element of Your purchase will already have been completed.
How to reschedule Your Wellbeing Appointment
7.4 You can reschedule Your Wellbeing Appointment via Your account on the Wellbeing Site. There is a 10% rescheduling fee payable. You cannot reschedule within 24 hours of the original booking time.
How to cancel Your WELLBEING Appointment
7.5 You can cancel Your Wellbeing Appointment (and therefore the Fulfilment Services element) via Your account on the Wellbeing Site or You can call 01872-229740 or email firstname.lastname@example.org and provide us with the details of Your Order (including the date it was accepted, Your name and any Order Number) and a clear statement that You wish to cancel Your Contract for the Fulfilment Services. The following cancellation charges shall apply as part or all of the Fulfilment Services will be deemed to have been completed:
TIME OF CANCELLATION
DISCOUNT OFF SUBSEQUENT BOOKING
0 – 7 Days of Wellbeing Appointment booking
between 7-14 days of WELLBEING Appointment booking
More than 14 days of Wellbeing Appointment booking
7.6 You will have no right to cancel the Fulfilment Services referred to at Clause 7.5 if the Wellbeing Appointment has already been performed following Your booking as then We would have fully performed these services.
8. How to end the Contract
8.1 Tell us You want to end the Contract for COVID19-Swab Test Kits
Please provide us with the details of Your Order (including the date it was accepted, Your name and any Order Number) and a clear statement that You wish to cancel Your Contract for the Fulfilment Services using one of the following methods. This must be done by You before a COVID19-Swab Test Kit was posted to you or within 24 hours of your Wellbeing Appointment as specified in clause 7.5 above:
(a) By phone: 01872-229740 or,
(b) By Email: email@example.com
8.2 Refunds for COVID19-Swab Test Kits
In certain cases We will refund You the price You paid by the method You used for payment. However, We may make the following reasonable deductions which We consider to be in proportion to what Fulfilment Services have been performed up until the point You communicate Your cancellation to us. You must pay us for the Fulfilment Services which have started and/ or been provided (or are in progress) up until the time You tell Us that You have changed Your mind:
(a) if Your sample has been received by the Fulfilment Partner before the date that We receive notice of Your decision to cancel the remainder of the Fulfilment Services, but You have not yet received the Results, We will refund you 10% of the relevant price; or,
(b) if you have not sent Your sample back to the Fulfilment Partner for the testing services to take place and the Results to be produced before the date that We receive notice of Your decision to cancel the Fulfilment Services, We will refund You the relevant price You paid less the costs of the COVID19-Swab Test Kit and Delivery Fees.
8.3 You will have no right to cancel the testing services and receive any refund if We have made available the Results via your account dashboard within 14 days of the day after We have accepted Your Order as the Fulfilment Partner would have fully performed the testing services for the COVID19-Swab Test.
9. Our Rights to end the Contract
9.1 The Contract for a Wellbeing Product & Service may be brought to an end at any time by writing to You if:
(a) You do not send Your sample back as instructed by the expiration date referred to in Clause 6.1; or,
(b) You exhibit a ‘no-show’ in respect of an Wellbeing Appointment (that has not been rescheduled or cancelled in accordance with Clauses 7.3 and 7.4); or
(c) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us (or Fulfilment Partner) to provide the Wellbeing Services (or Fulfilment Services) to You.
9.2 If We end the Contract in the situations set out in Clause 9.1 above, We will refund any money You have paid in advance for Wellbeing Products & Services that We have not provided but We may deduct or charge You reasonable compensation for the net costs We (or Fulfilment Partner) have incurred or will incur as a result of Your breaking the Contract.
10. If there is a problem with the Product
10.1 How to tell us about problems: If You have any questions or complaints about the Wellbeing Products & Services, please contact either Wellbeing or our Fulfilment Partner as directed at the top of these Terms.
10.2 Fulfilment Partner is under a legal duty to supply Wellbeing Products & Services to You that are in conformity with this Contract. Nothing in these Terms will affect Your legal rights. The Consumer Rights Act 2015 says that the COVID19-Swab Test Kits must be as described, fit for purpose and of satisfactory quality.
10.3 Faulty COVID19-Swab Test Kits: If You inform us and can demonstrate that the COVID19-Swab Test Kit received is faulty, You may be entitled to a replacement or, where We are unable to send You a replacement within a reasonable time, a refund of the relevant price may paid to You at our full and sole discretion.
11. Data Protection Legislation
11.1. Both Fulfilment Partner and Wellbeing shall Process any Personal Data pertaining to You in the capacity of Wellbeing being the Data Controller and, our Fulfilment Partner being the Data Processor and shall each comply with all applicable Transparency Requirements set out in the Data Protection Legislation. This Clause 11 shall not relieve either Wellbeing or Fulfilment Partner of any obligations set out in the Data Protection Legislation and does not remove or replace any of those obligations.
11.2. We are always transparent about Why We collect Personal Data and what We do with it and We always remind You of the rights You have in respect of Your Personal Data that You share with Us. For complete details of our collection, processing, storage, and retention of Personal Data comprised within Your Customer Data including, but not limited to, the purpose(s) for which Your Personal Data is used, the legal basis or bases for using it (including any exemptions), details of Your rights and how to exercise them, please refer to the Wellbeing Customer Privacy Statement.
11.3. Where Fulfilment Partner Processes Customer Data, Fulfilment Partner shall do so in accordance the instructions contained within the Article 28 Data Processing Agreement which ensures that both parties are committed to the security of your personal data privacy statement which it shall make accessible to You. We have a data sharing agreement in place with our Fulfilment Partner to ensure Your Personal Data is shared with the remit of the law and is kept secure.
12. WELLBEING Liability
12.1. If We (or Fulfilment Partner) fail to comply with these Terms, We (or Fulfilment Partner) are responsible for direct loss or direct damage You suffer that is a foreseeable result of that breach of these Terms or of any negligence, but We (or Fulfilment Partner) are not responsible for any direct loss or direct damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a breach or if it was contemplated by Wellbeing or Fulfilment Partner at the time the Contract was entered in to e.g. if You discussed it during the sales process.
12.2. Our (or Fulfilment Partner’s) total aggregate liability to You is limited to the price You paid and We received for the Wellbeing Products and Services you purchased from us. We (or Fulfilment Partner) will not be liable or accept liability for anything else including whether a Result will allow you to travel by any means whatsoever or allow you entry or right to leave any country, county, region or territory whatsoever.
12.3. Nothing in these Terms seeks to exclude or limit our liability for failing to perform our contractual obligations with reasonable care and skill or in accordance with information provided by us about the Wellbeing Products & Services or about us and nothing in these Terms seeks to exclude or limit Your legal rights as a consumer.
12.4. Orders are only fulfilled for domestic, private and consumer use. Accordingly, neither Wellbeing or Fulfilment Partner will be liable to You, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise, for:
(a) any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings); or,
(b) any loss of goodwill or reputation; or,
(c) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
12.5. Neither Wellbeing or the Fulfilment Partner in any way exclude or limit its liability for:
(a) death or personal injury caused by its negligence or that of its servants, agents or employees; or
(b) fraud or fraudulent misrepresentation;
12.6. In the unlikely event that You receive an COVID19-Swab Test Kit which is not what You ordered or which is damaged or defective, Fulfilment Partner shall make good any shortage or non-delivery, replace any damaged or defective Product, or refund to You the amount You paid for the Product in question provided that You notify Wellbeing promptly of the problem as described in these Terms at Clause 10. This provision does not affect Your statutory rights.
12.7. If the Fulfilment Services You receive via the Fulfilment Partner is not as expected, You acknowledge and agree that Wellbeing has no liability to You for this which is the sole responsibility of Fulfilment Partner who is professional and fully insured. You agree that any claim You make in connection with the Fulfilment Services will only be brought directly against the Fulfilment Partner whose details can be found at the top of these Terms and in our Complaints Policy.
12.8. Events Outside Our Control: Neither Wellbeing or Fulfilment Partner shall have any liability to You for any delay in the delivery or performance of Wellbeing Products & Services ordered or any other matters to the extent that the delay is due to an Event Outside our Control. We will in such circumstances make alternative arrangements with You after the Event Outside our Control is over. You may cancel a Contract affected by an Event Outside our Control which has resulted in Your Order not being delivered or performed within thirty (30) days of Your completed purchase as this would be considered a substantial delay.
12.9. To the fullest extent permissible under applicable law, Wellbeing and Fulfilment Partner disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect Your statutory rights as a consumer, nor does it affect Your right to change Your mind.
Assignment. These Terms shall be personal to You and You may only transfer Your rights or Your obligations under these Terms to another person if We expressly agree in writing. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect Your rights or our obligations under these Terms. In the event of assignment or transfer, notification will either be given to You by e-mail or shall be posted on the Wellbeing Site.
Dispute Resolution: If You have a dispute with Wellbeing, We will always try to sort things out if You contact customer services at firstname.lastname@example.org. If You are not happy with the resolution, alternative dispute resolution should be arranged between the parties prior to implementing proceedings as set out herein. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court.
Law and Jurisdiction. These Terms are governed by English law. This means a Contract for the purchase of Wellbeing Products & Services through our Wellbeing Site and any dispute or claim arising out of, or in connection with, it will be governed by the laws of England and Wales. You and We both agree to that the courts of England and Wales will have exclusive jurisdiction.
Privacy. We will only give Your personal information to third parties where the law either requires or allows Us to do so in accordance with our Wellbeing Customer Privacy Statement and applicable Data Protection Legislation.
Special Promotions: Any special promotions run by Wellbeing shall only be valid if they are announced on] onto www.rapidhealthtest.com or by a Wellbeing social media site, or in an electronic mailing or communication from Wellbeing. Certain promotions may only be valid for a limited time, with details announced by Wellbeing. Once the advertised time limit of any promotion has been reached the promotion is finished. Wellbeing reserves the right to limit promotions to certain groups of Customers in Wellbeing’s sole discretion.
Third party rights. Our 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. However, if You are a consumer, an Wellbeing Product & Service will have the benefit of any Fulfilment Partner Manufacturer Guarantee, but We and You will not need their consent to cancel or make any changes to these Terms. Nothing in this Clause excludes the rights of Wellbeing when acting as commercial facilitator of any Fulfilment Partner.
Waiver. If We fail to insist that You perform any of Your obligations under these 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.
14. Defined Terms & Interpretation
In these Terms (except where the context otherwise requires) the following words shall have the following meanings:
Clinic Hotspot: refers to the location where the Wellbeing Appointment between Us and the Wellbeing Customer will take place.
COVID19-Swab Test Kit: refers to the DIY Covid 19 kits for sale in the Wellbeing Menu on the Wellbeing Site as part of the Fulfilment Services.
Data Controller: as defined in the applicable Data Protection Legislation.
Data Protection Legislation: means, as applicable to either party:
(b) the Data Protection Act 2018;
(d) any other applicable law relating to the Processing, privacy and/or use of Personal Data, as applicable to either party;
(e) any laws which implement any such laws; and,
(f) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing.
Event(s) Outside our Control: means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, supplier defaults, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of all private or public means of transport.
Fulfilment Services: are as described at the top of these Terms. They include the purchase of a COVID19-Swab Test Kit and the Wellbeing Appointment booking which accompany the purchase of an COVID19-Swab Test Kit and involves the administering of the same.
Fulfilment Partner: ReCoVa19, 6 Dells Close, Teddington, England, TW11 0LD
GDPR: the General Data Protection Regulation 2016
Order: refers to the order placed by Customer on the Wellbeing Site.
Personal Data: as defined in the applicable Data Protection Legislation.
Processing: has the meaning given in applicable Data Protection Legislation from time to time (and related expressions, including Process, Processed and Processes shall be construed accordingly).
Results: refers to the results of the COVID19-Swab Test Kit either taken by You or at a Wellbeing Appointment that you can access by logging onto www.app.recova-19.com relating to Your sample and any certificate of the result You may obtain or receive
Terms: refers to the terms and conditions herein.
Transparency Requirements: means the requirements to ensure that the Processing of Your Personal Data is fair and transparent, as set out in the Data Protection Legislation and as specifically referred to in the Wellbeing Customer Privacy Statement.
Wellbeing Appointment: refers to an appointment booked on the Wellbeing Site at a Clinic Hotspot.
Wellbeing Customer: any party that purchases a COVID19-Swab Test Kit or books a Wellbeing Appointment on the Wellbeing Site.
Wellbeing Customer Service Terms: refers to these legal terms on the Wellbeing Site subject to which a Wellbeing Customer makes a purchase.
Wellbeing Menu: refers to the list of Wellbeing Products & Services and the retail prices for them as displayed on the Wellbeing Site.
Wellbeing Products & Services: refers to any and all products and services that are promoted and sold by Wellbeing.
Wellbeing Services: are as described at the top of these Terms.
Wellbeing Site: www.rapidhealthtest.com