Terms of Service
Please read the following important terms and conditions before you buy anything from our website and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel your order within 14 days (beginning the date after the contract is entered into). We will not therefore start the Covid Testing Services until this period has expired unless you agree that we may start during the 14 day period. If you agree the Covid Testing services will start within this time by ticking the relevant box when you place your order, you may be charged for the part of the service that has already been carried out (or the full cost if the services have been provided in full) if you subsequently cancel. Please note that if you cancel your order we will also charge you for the cost of the sample collection kit. The charges will be deducted from any refund.
The Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
• if a price hasn't been agreed upfront, what you’re asked to pay must be reasonable;
• if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
These terms set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘Covid Testing’ means covid testing using a PCR test;
- ‘LFD Services’ means the covid testing using a self-administered Lateral Flow test that Certific confirms has been undertaken on our behalf, not including any support services which are provided directly to you by Certific;
- ‘we’, ‘us’ or ‘our’ means Dante Labs. Inc., and
- ‘you’ or ‘your’ means the person using our website to buy Covid Testing services or LFD Services from us.
If you have any questions about these terms or any orders you have placed, please contact us by:
- sending an email to email@example.com; or
- filling out and submitting the online contact form available here; or
- calling us on +44 (0) 808 196 5659 (our telephone lines are open Monday – Friday: 9am – 7pm; and Saturday & Sunday: 9am – 6pm).
Do you need extra help?
If you would like these terms of service in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.
Who are we?
We are Dante Labs. Inc., a company whose principal place of business is 379 West Broadway, Suite 538, New York NY 10012, United States of America.
Dante Labs. Inc. is the company you will contract with for the provision of the Covid Testing services and we will use Informed Genomics Limited whose principal place of business is at Birmingham Research Park, 97 Vincent Drive, Birmingham, B15 2SQ, England, to carry out the actual Covid Testing services.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
1.1 If you buy Covid Testing services or LFD Services on our website you agree to be legally bound by these terms and conditions. A copy of our terms and conditions can also be found via a link at the bottom of our website homepage and on the Frequently Asked Questions (“FAQs”) page on our website. A link to this page can be found here. We will also include a link to them just before you make payment.
1.2 These terms and conditions apply only if you are buying Covid Testing services or LFD Services on our website as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying Covid Testing services or LFD Services on our website in the course of a business, our business terms and conditions apply to such purchases, which can be accessed by contacting firstname.lastname@example.org.
1.3 These terms and conditions are only available in English. No other languages will apply.
1.4 These terms and conditions only apply to our Covid Testing services and LFD Services. If you buy any other services on our website you acknowledge that the specific terms and conditions applicable to those other services will apply rather than these terms and conditions. If you want to see these specific terms, please visit the relevant webpage for the other services.
2 INFORMATION WE GIVE YOU
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information (including information about your right to cancel) before a legally binding contract between you and us is made. Some information e.g. details of the services we provide, who we are and delivery charges is provided on our web pages telling you about us and our products. Other information, such as information about your right to cancel this contract is available as set out below:
2.1.1 Please go to our FAQ page clicking here or
2.1.2 Please follow the link on our ordering page before you click on the ‘Pay Now’ button.
2.2 We will also provide the information in a link in our acknowledgement email (see clause 5.3) and you can contact us using the contact details at the top of this page.
2.3 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.4 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 YOUR PRIVACY AND PERSONAL INFORMATION
4 DESCRIPTION OF THE COVID TESTING KITS
4.1 The services that you may order from our website are Covid Testing services and/or LFD Services.
4.2 Descriptions of the Covid Testing services and LFD Services we offer can be found on the relevant pages on our website. Please find a link to our Covid Testing services here and a link to our LFD Services here.
4.3 We will not provide you with any medical and/or clinical advice as part of providing the Covid Testing services or LFD Services to you.
4.4 We use the current state of the art research and technology to provide our Covid Testing services and LFD Services to you. As such, you acknowledge that we may update the techniques we use from time to time to reflect any new research and technologies that may be developed to ensure that we provide you with the best services and that it may not be possible to notify you prior to us implementing these new techniques. We will keep you reasonably informed with any changes to how we carry out the services we provide. Any changes that we make to how we carry out the Covid Testing services or the LFD Services, will not affect the validity of your test results.
4.5 Please note that we use a third party as our contractor to provide the LFD Services and whilst we will remain responsible to you for the provision of these services you will need to download an app from Certific for you to be able to use them. The Certific app is available in the App Store and Play Store. Please also note that if you want any support services from Certific you will need to contact them direct on email@example.com and their terms apply to those support services.
5 ORDERING COVID TESTING KITS FROM US
5.1 Below, we set out how a legally binding contract between you and us is made.
5.2 You place an order on the website by following the process outlined on our website. Our website will make it clear what the process to conclude a contract is through our online checkout process. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
5.3 When you place your order at the end of the online checkout process (e.g. when you click on the ‘pay now’ button), we will acknowledge it instantly on the webpage. This acknowledgement does not, however, mean that your order has been accepted by us. We will contact you by email letting you know whether your order is accepted – we have explained this further in clause 5.5 below. Placing an order means that you must pay us for the services (but only if we accept your order).
5.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
5.4.1 we cannot authorise your payment;
5.4.2 you are not allowed to buy the Covid Testing Kits from us because you don’t meet the age restrictions relating to the services e.g. because you are under the age of 18. Age restrictions can be found in the description of our products and services on our website;
5.4.3 we are no longer allowed to sell the Covid Testing Kits to you under laws applicable in the UK and as published in the FAQ section of our website; or
5.4.4 there has been a mistake on the pricing or description of the Covid Testing Kits.
5.5 When we reach our daily inventory and/or daily testing capacity, which will be published on the product page and in the FAQ section of our website (see clause 8.2 below also), we will not accept any further orders on that day and our ordering system will close so that you cannot buy any Covid Testing services and/or LFD Services. Our daily inventory and/or daily testing capacity will reset and reopen on the following day and we will accept orders for the Covid Testing services and/or LFD Services until we reach our daily inventory and/or daily testing capacity.
5.6 We will only accept your order when we email you to confirm acceptance (Confirmation Email). At this point:
5.6.1 a legally binding contract will be in place between you and us; and
5.6.2 we will provide the Covid Testing Kits as agreed during the online checkout process.
5.7 If we do not accept your order your payment method will not be charged.
5.8 If you are under the age of 18 you may not buy Covid Testing Kits from the website.
5.9 If you are not allowed to receive the Covid Testing Kits under the laws of the jurisdiction in which you are resident or from which you use the Covid Testing Kits, you may not buy Covid Testing Kits from the website.
5.10 If you need to update your contact details after you have placed an order on our website, you must contact us as soon as possible by sending an email to firstname.lastname@example.org to ensure that we can contact you about your order if required.
5.11 When you place an order on our website, you agree to follow the process as set out below:
5.11.1 You will order a personal Covid Testing Kit for the Covid Testing.
5.11.2 Once you are ready to collect your sample (which must be within three (3) months of receipt- see clause 8.4 below for further details), you must register your sample collection kit (using your Booking Reference Number via the link provided in the separate email we send to you, prior to returning your sample collection kit. You accept that if you do not register your sample collection kit prior to returning the sample collection kit, we will be unable to proceed with the analysis of your sample collection kit and will destroy it.
5.11.3 We will send you another free Covid Testing Kit (up to a maximum of three (3) times) to allow you to collect the sample again if we cannot perform the Covid Testing Kits purchased on the sample you have provided.
5.11.4 If you do not use the sample kit and send it back to us, or have used the sample kit but have not sent it back to us after three (3) months of receipt, we will be unable to test it as the sample collection kit has a shelf life and will have deteriorated beyond its useful life. We will automatically refund, to your chosen payment method, the amount you paid for the services but will deduct the amount of the sample collection kit from the refund payable.
5.12 When you place an order on our website, you agree to follow the process as set out below in relation to the LFD Testing:
5.12.1 You will order a personal sample collection kit for the LFD Testing.
5.12.2 Once you are ready to collect your sample (which must be within three (3) months of receipt- see clause 8.4 below for further details), you must download the Certific App, and self-administer the sample collection in accordance with the instructions for use while being recorded and reviewed by Certific to ensure you have taken the test properly. You accept that if you do not download and use the video recording service while self-administering the test, our contractor may not be able to proceed with the analysis of your sample collection kit and the test may not be able to be validated.
5.12.3 We will send you another free sample collection kit (up to a maximum of one (1) time) to allow you to collect the sample again if the LFD Testing services cannot be validated.
5.12.4 If you do not use the LFD Testing sample kit and send it back to us within three (3) months of receipt, we will be unable to test it as the sample collection kit has a shelf life and will have deteriorated beyond its useful life. We will automatically refund, to your chosen payment method, the amount you paid for the services but will deduct the amount of the sample collection kit from the refund payable.
6 RIGHT TO CANCEL
6.1 You have the right to cancel this contract within 14 days starting on the day after the contract between us is formed. Please note that if you cancel this contract you must return the Covid Testing Kit to us and bear the cost of postage for this. It must also be returned within 14 days of you telling us that you want to cancel this contract. You cannot return the Covid Testing Kit to us after it is unsealed for hygiene reasons.
6.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract, starting on the following day.
6.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. by sending an email) by contacting us at email@example.com or by completing the cancellation form on the FAQ section of our website.
6.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.5 This does not affect do not affect your statutory rights or other rights under common law. These include the right to seek damages for reasonably foreseeable losses resulting from negligence or breach of contract by us. See also clause 11 below.
7 EFFECTS OF CANCELLATION
7.1 If you cancel this contract within the cancellation period, we will reimburse to you all payments received from you unless you requested for us to start providing the Covid Testing services or LFD Services during the cancellation period, in which case you must pay us:
7.1.1 for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the performed up to that point in comparison with the full price under this contract; or
7.1.2 the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (i.e. the work was completed) during the cancellation period.
7.2 Please note that if you cancel this contract we will also charge you for the cost of the sample collection kit in respect of each service, if we have already sent the sample collection kit out to you when you cancel this contract. The charges will be deducted from any refund.
7.3 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8 CARRYING OUT OF THE COVID TESTING SERVICES
8.1 We will carry out the Covid Testing services or LFD Services by the time or within the period set out on the product pages and in the FAQ section on our website. We will also confirm timescales in our Confirmation Email.
8.2 Both of us and our contractor have limited testing capacity and can only process up to a defined number of tests each day. We will, therefore, only sell a limited number of Covid Testing services and LFD Services each day.
8.3 Our carrying out of the Covid Testing services or the LFD Services might be affected by events beyond our reasonable control (e.g. we or our contractor suffers a fire or flood at the lab or there is an electricity outage which means that equipment can’t be used). If so, there might be a delay before we can start or restart the Covid Testing services or LFD Services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances. We will try to start or restart the Covid Testing services or LFD Services as soon as those events have been fixed. If your Covid Testing services or LFD Services are affected by an event or events beyond our reasonable control, we will provide you with a refund of the amount you paid to us if you contact us using the contact details at the top of these terms and conditions.
8.4 The sample collection kits we send out as part of our Covid Testing services or LFD Services have a maximum lifespan of three (3) months. Once this time period has been reached, we are unable to carry out the Covid Testing services or LFD Services. Further information can be found in the FAQ section of our website. If you return a sample collection kit after its expiry date we will automatically refund, to your chosen payment method, the amount you paid for the services but will deduct the amount of the sample collection kit from the refund payable.
9.1 As set out in our check out process, we accept all major credit cards and debit cards as well as GPay, ShopPay and PayPal. We do not accept cash or cheques.
9.3 Your credit card or debit card will only be charged when we accept your order.
9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
9.4.1 Verified by Visa: Verified by Visa | Visa Verification & Consumer Protection | Visa;
9.4.2 MasterCard® Identity Check: Identity Check | Security | MasterCard; or
9.4.3 American Express SafeKey: SafeKey | Amex Security Code Feature | American Express UK.
9.5 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 6 and 7.
9.6 The price of the Covid Testing Kits will be as specified on the website and may be subject to change from time to time. Any orders accepted by us prior to any change in price, will not be affected.
9.7 All prices are in pounds sterling (£) (GBP) and include VAT at the applicable rate and include delivery costs, but exclude any supplementary costs if you require one of our personnel to come to you to help you provide the sample(s) requested in the Covid Testing Covid Testing Kit. You will be told the price of us doing this when you make a request for us to do this.
10 NATURE OF THE COVID TESTING SERVICES
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Covid Testing services and LFD Services must be carried out with reasonable care and skill. In addition:
10.1.1 where the price has not been agreed upfront, the cost of the Covid Testing services and LFD Services must be reasonable; and
10.1.2 where no time period has been agreed upfront for the provision of the Covid Testing services or LFD Services, we must carry them out within a reasonable time.
11 DEFECTIVE COVID TESTING KITS
11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
11.1.1 visit the FAQ section on our website;
11.1.2 contact us using the contact details at the top of this page; or
11.1.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.3 If you are not happy with the Covid Testing Kits we have provided to you, please contact us using the contact details at the top of this page.
12 END OF THE CONTRACT
12.1 If this contract is ended, it will not affect your statutory rights and it will not affect our right to receive any money which you owe to us under this contract.
12.2 We may, at any time, end this contract if:
12.2.1 you have acted in a manner which shows that you do not intend to, are unable to comply with or you have breached, any of these terms
12.2.2 12.2.2 we are required to terminate the contract by law (i.e. if the Covid Testing services or LFD Services we are providing to you are found to be unlawful);
12.2.3 we are no longer an authorised provider of Covid Testing services by the UK Government or we are not allowed to sell the Covid Testing services or LFD Services to you under laws applicable in the UK and as published in the FAQ section of our website;
12.2.4 you are not allowed to buy the Covid Testing services or LFD Services from us because you don’t meet the age restrictions relating to the services e.g. because you are under the age of 18. Age restrictions can be found in the description of our products and services on our website; or
12.2.5 we choose to no longer provide the Covid Testing services or LFD Services anymore.
12.3 If we, as a Company, choose to no longer provide the Covid Testing services or LFD Services anymore, we will either carry out any Covid Testing services or LFD Services that have been purchased previously or we will provide you with a full refund.
12.4 If we end the contract for any of the reasons set out in clauses 12.2.2 to 12.2.4, we will reimburse to you the full price paid by you for the Covid Testing services or LFD Services under this contract.
12.5 If you have breached the contract that results in us ending it (as set out in clause
13 LIMITATION ON OUR LIABILITY
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
13.1.1 losses that were not foreseeable to you and us when the contract was formed;
13.1.2 losses that were not caused by any breach on our part;
13.1.3 business losses; or
13.1.4 losses to non-consumers.
13.2 Clause 13.1 above does not exclude your statutory rights.
14 THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract.
15.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Covid Testing services or LFD Services we, or our contractor, have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
15.2 Our Complaint Handling Policy can be accessed here.
15.3 The laws of England & Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
15.4 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. Should you reside in another country in the United Kingdom, you can choose whether to bring a claim in your country of residence i.e. Scotland or Northern Ireland.