- Conditions of Sale
We outline the supply of a PCR (Polymerase Chain Reaction) Test and LFT (Lateral Flow Test) in these Terms. The PCR Test and LFT provision are explained in these terms. Before submitting your order, please read these Terms carefully. They hold crucial information.
Please see the list below for definitions of key terms:
1.1 PCR Test: Coronavirus RNA extraction and real-time polymerase chain reaction analysis of the RNA to detect active Covid19 infection and next-generation sequencing to identify the SARS-CoV-2 variant.
1.2 PCR Test Kit: A kit is sent to the customer which includes the following items:
- Sterilised cotton swab
- Barcode-labelled tube with buffer liquid
- Instructions for Users; and
- prepaid return labelled UN3373 envelope.
1.3 Fee: The fee that must be paid in order to use the Product.
1.4 LFT Kit: A kit is sent to the Customer which includes:
- Sterilised cotton swab
- Packaged SARS-CoV-2 antigen test cassette
- Extraction liquid buffer bottle and dropper tip
- Instructions for Users
1.5 Product: The contract of sale relates to the provision of the PRC Test or Lateral Flow Test, which are medical diagnostic products that are prescribed by the Government in line with Covid-19 Travel Restrictions.
1.6 Sample: The single swab of the nose.
1.7 Test Result: The result produced by the PCR Test will be either positive, negative, or inconclusive or the result produced by the lateral Flow test will be positive or negative or void.
1.8 User Instructions: The guidance on how to collect the Sample, the guidance on how to perform the PCR Test sampling and to register the test or guidance on how to perform the LFT, to upload the LFT photo and access results.
1.9 Working Day: In England, a working day is any day that is not a Saturday, Sunday, or public holiday.
We/Us: Console Trading Ltd is trading as Covid19 Checking
You: The customer who orders the PCR Test Kit and fills out and submits the order form as well as accepting these Terms prior to purchasing.
Singular words include the plural, while plural words include the singular. The interpretation of these Terms is unaffected by headings.
2.1 You confirm that you are placing an order for the Product on your own behalf. You provide your permission to collect your own Sample and affirm that you are willing and capable of doing so.
2.2 You acknowledge that the Product is solely to be used for screening purposes as a quick and convenient approach to check for COVID-19 infection as well as the detection and identification of the SARS-CoV-2 variant. The Test Results are not meant to be used in place of medical advice, nor should they be used to make a complete diagnosis or to prescribe medication without first consulting with a qualified medical expert. You acknowledge that you have read and comprehended the Terms.
2.3 You fully consent to your personal information, including your name, date of birth, gender, home address, telephone number, NHS number, occupation, place of work, ethnicity, and the fact that you have tested positive for COVID 19, being communicated as a notifiable disease to the local health protection team by us, who are the designated laboratory operators. You acknowledge that we will not be able to delete your test results, which are necessary as proof of clinical practice.
2.5 You agree that our subcontracting labs may use the Test Results for research, analysis, internal quality control, and as evidence of clinical practice on an entirely anonymous basis.
2.6 Your online order and payment will be recognised through email, which will include a payment receipt and order number.
- Purchasing the Goods
3.1 To the maximum extent permitted by law, these Terms govern the provision of the Product to the exclusion of all other terms and conditions, including terms implied by law, custom, or practise. If you want to order the Product, you must first accept these Terms and pay the Fee.
3.2 If you want to order multiple Products for various people, be sure that each of them agrees to these Terms of Sale and Consent. To order a PCR Test, you must be at least 18 years old. If you want to order the PCR Test for someone under the age of 18, a parent or guardian of the person under the age of 18 must fill out the order form and agree to the Terms of Sale and Consent.
- Cancellations and Refunds
4.1 Because the Product is provided by a health care practitioner, you do not have a legal right to cancel your order. You are not permitted to resell the Product.
4.2 According to Article 28(3)(a) of the Consumer Contracts Regulations 2013 (“2013 Regs”), the Products are not appropriate for return owing to health or hygiene concerns.
4.3 Due to government rules for passenger locator forms, each PCR Test Kit and LFT kit is assigned a unique barcode. Additionally, each Day 2, Day 8, and Day 5 Test to Release is assigned a unique passenger locater code number upon booking. As a result, the Product is free from refunds under Article 28(3)(b) of the 2013 Regulations.
4.4 Because they may deteriorate or expire quickly depending on the Product’s expiry date, they are exempt from returns under Article 28(1)(c) of the 2013 Regs.
4.5 If we have inadequate stock or cannot deliver to the delivery address you have specified to us, we may cancel an order for the Product and reimburse you the Fee paid.
4.6 If the Product arrives incomplete or damaged, please inform us as soon as possible and we will send you a replacement.
4.7 We cannot guarantee that any third party, including any government-sponsored healthcare programme, would pay the Fee for the Product on your behalf or reimburse you for the Fee you have paid.
4.8 These options are optional, and we reserve the right to deny requests and fulfil orders based on the information supplied at the time of purchase.
4.9 We cannot take responsibility for delivery delays and will not issue a refund if your kit gets lost or is undelivered. We can send a replacement, upon request, free of charge.
- Product delivery
5.1 When it comes to the dispatch of the Product, we must follow the UK Government’s guidelines. If you ordered both a day 2 and a day 8 PCR Test Kit, they will be delivered together. If you ordered a day 5 Test to Release test kit, it will be shipped on day 4 and delivered on day 5 when you return to the UK. The Products are delivered via Royal Mail.
5.2 We shall not be liable if you do not receive the PCR Test Kit by the expected and/or required date, including, for the avoidance of doubt, any duty to return the Fee paid.
5.3 All orders are despatched in accordance with government deadlines. Orders ordered before 11 a.m. Monday through Friday are despatched the same day and delivered the next day through Royal Mail. Any orders placed after 11 a.m. on Friday will be shipped on Monday. Orders are not processed on Saturdays, Sundays and holidays.
- Getting a Sample
6.1 Make sure you follow the User Instructions while taking the Sample. The person who gives the Sample must be the same person who signs the Terms of Sale and Consent and is designated as the customer.
6.2 PCR tests must be activated on our website on the day the Sample is taken. Before returning to the lab, enter the date and time that the sample was taken.
- Sending the PCR Test Sample Back
7.1 Returning the PCR Test Kit to us is the customer’s obligation. A Royal Mail tracked 24 envelope is provided to return your PCR Test sample. You understand and accept, however, that Royal Mail 24-hour delivery does not ensure that the PCR Test Kit will be delivered to our subcontracting labs within 24 hours of your placing it in the Royal Mail priority post box. You can also deliver your PCR Test Kit to our subcontracting labs yourself or arrange for your own private courier. For further details, read Clause 7.3.
7.2 Place the completed Sample in the provided 24-hour prepaid stamped addressed plastic envelope. Place the envelope in a Royal Mail priority post box, which may be found in every town and village. These are regular Royal Mail street mailboxes that will have a priority label on them. Visit https://www.royalmail.com/services-near-you#/ or use the Royal Mail app to find services in your area.
7.3 You can also return the envelope to our laboratory or have it delivered by courier atyour own expense to Caci House, 9 Spring Villa Road, Edgware, HA8 7EB.
7.4 According to Royal Mail, the PCR Test Kit should be mailed on the day you take the Sample and no later than one hour before the Royal Mail priority post box’s latest pickup time. Only return the PCR Test Kit to the Royal Mail priority post box Monday through Friday. The PCR Test Kit should not be taken or posted on a Bank Holiday or Weekend, according to Royal Mail. Instead, take and post the test the next day.
7.5 When utilising Royal Mail, it is the customer’s responsibility to record and trace the Sample. The Royal Mail 24-hour tracking number for each PCR Test Kit may be found on the return envelope’s 24-hour tracked label.
7.6 As previously stated, Royal Mail 24-hour delivery does not guarantee that the Sample will be received by us within 24 hours of your sending, and as a result, we are unable to offer that guarantee to you. We will not be held liable if the Sample is not received by the expected and/or required date.
- PCR TEST
We will use reasonable efforts to complete the PCR Test and submit the PCR Test Results by email within 12 to 48 hours of the Sample being booked into the laboratory; however, time is not of the importance. The delivery dates for the PCR Test Results are simply estimates, and we will not be held liable for any delays in delivery or receipt, as well as any losses that may occur if the test result is not supplied to you within the timeframe that you require. Any time periods provided are simply estimates and are subject to change. In this contract, time is not of the essence, and Console Trading Ltd and/or our subcontracting labs accepts no responsibility or liability for any losses incurred as a result of any delay if the test result is not supplied to you within the timeframe required by you or any third party, such as your job or airline service. Without limiting the generality of the preceding, this limitation applies to claims for losses resulting from your inability to travel or work.
9. PCR TEST
9.1 The User Instructions contained in the LFT Kit must be read and followed.
9.2 You are required to upload a clear snapshot of the LFT as specified in the User Instructions.
9.3 A certificate will be emailed to you within 2 days of submitting the LFT form with required photo.
9.4 It is your responsibility to guarantee that the photo is clear so that your result may be determined, and you can receive a Certificate.
9.5 If the User instructions provided in the test kits are followed correctly, visual results will be accessible within 15-30 minutes of using the LFD kit.
9.6 You are responsible for ensuring that the User Instructions are successfully followed. Console Trading will not be held liable or responsible if you do not follow the User Instructions.
10.1 The PCR Test protocol is based on a verified methodology that meets Public Health England’s performance criteria. The PCR Test is performed using a highly sensitive and specific test with no known cross-reactivity. False-negative and false-positive results can occur due to a variety of factors, including improper Sample collection or degradation, insufficient Sample collected, contaminated Sample, incorrect Sample packaging, laboratory assessment of the Sample provided, laboratory process failure, or human error.
10.2 If a Sample is not received by us, is not taken in accordance with the User Instructions, or has degraded for any reason, including because of a delay in delivery or damage during delivery, or the Sample has expired, we will not reimburse all or part of the Fee. If this occurs, we will tell you and you will have the option to purchase another Product.
10.3 If we are unable to analyse the Sample due to an error or omission on our part, we will contact you and either send you another PCR Test or refund your fee.
10.4 A positive Test Result suggests a possible COVID-19 infection; in this case, we recommend that you discuss the Test Result with your healthcare professional, along with all other available clinical information, to determine the best treatment options.
10.5 We are not accountable for any use made by you of the information provided in the PCR Test Result, any choices made, or any costs incurred by you as a result of such use, to the extent permitted by law.
10.6 The Product should be used to promptly test for COVID-19 infection in a convenient and discreet manner. The Test Results are not meant to be used in place of medical advice, nor should they be used to make a complete diagnosis or to prescribe medication without first consulting with a qualified medical expert.
10.7 We will not be liable to you in any way, whether in contract, tort (including negligence and statutory duty violation), or otherwise, for any of the following:
(a) any error or defect in the Test Result caused by any inaccurate or incomplete information provided by you;
(b) any loss of data or materials, including the Sample and/or the PCR Test Result, caused by the acts or omissions of the postal or courier service, or any other delivery service used by you to send the Sample to us;
(c) indirect or consequential damage (such as lost earnings, revenue or sales, loss of use, diminished goodwill, business interruption, or the like), whether or not Console Trading has been told or cautioned of the likelihood of such losses.
10.8 To the maximum extent permitted by law, our total liability to you for any losses arising out of or in connection with these Terms, whether in contract, tort, or otherwise, shall in no event exceed the Fees paid for the single PCR Test Kit or LFD Kit at issue.
10.9 If Console Trading Ltd is prevented or hindered from carrying out its obligations under these Terms for reasons beyond its control, such as strikes, lockouts, or other industrial disputes (whether involving our workforce or the workforce of any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction, accident, or breakdown, Console Trading will notify you , our duties under these Terms will be postponed until we are able to fulfil them.
10.10 Nothing in these Terms limits excludes our liability for failure to comply with our obligations under section 12 of the Sale of Goods Act 1979 and/or section 2 of the Supply of Goods and Services Act 1982; death or personal injury caused by negligence; or fraud or fraudulent misrepresentation. Your statutory consumer rights are unaffected.
11.1 We reserve the right to change these Terms at any time to ensure that we comply with applicable laws and regulations and to continually improve your experience with our services. By continuing to order the Product after such changes have been made, you agree to be bound by those changes.
11.2 You are not permitted to assign or transfer your rights or obligations under these Terms in any way.
11.3 If any portion of these Terms is declared to be illegal or unenforceable by a court of competent jurisdiction but would be valid and enforceable if specific terms were deleted or added, such provisions shall apply with the necessary adjustments to make them valid and enforceable. In any case, the invalidity or unenforceability of any provision of these Terms will not impact the legality or enforceability of the other sections.
11.4 These Terms are governed by and construed in accordance with the laws of England and Wales, and each party irrevocably submits to the English Courts’ exclusive jurisdiction.