Terms & Conditions
TERMS & CONDITIONS
Conditions of Sale and Service
Protecting your privacy and personal health
These Conditions of Sale and Services ("Conditions") will apply to every order of our Products and Services you place with us via our website www.mecheck.co.uk (or associated sites, listed below) ("Site") and to Services supplied after you purchase a Product from a pharmacy.
Who we are
The Products & Services are provided by Biox Medical Limited ("the Company" or "we" or "us" or “mecheck”) registered in England, registered number 12160624, with a registered office at 83 Ducie Street, Manchester, United Kingdom, M1 2JQ. Mecheck is a registered business name in England trading as Biox Medical of the Company, registered number 12160624. The company operates websites at: www.bioxmedical.co.uk www.mecheck.co.uk www.check4health.co.uk & www.me-check.co.uk but for clarity, will be referred to as ‘the Company,’ ‘we.’ ‘us.’ or ‘mecheck.’
Important: Our Products & Services are not medical advice
Please note the information contained in these Conditions and on our Site is for general guidance only. Neither the Site nor our Services constitute medical advice and are not intended to replace medical advice which should be provided by a qualified and registered healthcare professional. If you need medical advice, you should contact such a healthcare professional.
If you have any urgent symptoms, call 999 or 111
1. How these conditions work:
Mecheck allows customers to access secure laboratory testing from the privacy of their own home, or with the assistance of a pharmacy. To avail of Services you must purchase a product, either from the Site or from a pharmacy.
Where you purchase the Products & Services on the Site, or purchase Products in a pharmacy all sections of these Conditions apply.
1.1 THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS AND/OR AVAILING OF SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO PURCHASE AND USE THE PRODUCTS & SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS OR SERVICES.
2. Online order procedure, payment, delivery and cancellation
2.1 We will not accept Orders from users whose IP address is outside the UK, or where the user is resident outside the UK as we only accept samples from the UK. Should those orders be accepted by our systems, they will be cancelled and refunded.
2.2 When you purchase the Products & Services and access the Site, you undertake (i) that you are over 18 years of age; (ii) that you are resident in the UK where we will send test kits and accept Samples and you are accessing the Site from an IP address in the UK; (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the site, Products & Services under your name, nor will you, in using the Products, Services or the Site, pretend you are someone else, or seek to disguise your identity; and (v) that you are only using the Site, the Products & the Services for your own benefit and not for the purposes of providing Services to others.
2.3 The Order procedure requires amongst other things, you to specify the required delivery address, to purchase the type of Product applicable to the Sample you wish to provide and also to confirm that the Test Information is to be made available to you in your email address in an encrypted format.
Orders and availability
2.4 All Products & Services shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product & Services, the subject of a Confirmed Order, are not available, and we will not process your Order if such is the case.
2.5 After placing an Order for the Product & Services via our Site you will receive an email from us acknowledging that we have received your Order. All Orders are subject to acceptance by us and we are under no obligation to accept an Order whether confirmed or not. Orders are only binding on us when we send you an invoice after Order and when we collect the purchase price and all related charges from your credit card or any other payment method accepted by us ("Order Confirmation").
You should check the invoice immediately and notify us of any mistake by email to email@example.com straight away; otherwise the details stated in the invoice will apply to your Order.
2.6 If we accept your Order, we reserve the right to notify you at any time before delivery of the unavailability of the Product. You can then cancel the Order and we will refund you all money paid in full.
2.7 The price is a single combined payment for the Products & Services. Where you order a Product & Services online, the price includes delivery of a Product to you and the provision of testing services and the delivery of Test Information to you (provided you submit the Sample in compliance with these Conditions). Where you purchase the Product & Services in a pharmacy, the price you pay to the pharmacy is for the Patient kit only , which does not includes the price for the provision of testing services, physician services and the delivery of Test Information by us to you via encrypted email(provided you return the Sample in compliance with these Conditions.)
2.8 You agree to pay the price, the VAT (to the extent applicable) and the freight charges and any other charges in relation to a Confirmed Order in advance and you undertake to make payment in advance by clicking on the payment button on the Site and following the required procedure.
2.9 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
2.9.1 We will make every reasonable effort to ensure payment security through our chosen third party payment providers, and payments that are made are subject to the security provisions and infrastructure made by our providers: VISA, Mastercard, Stripe, GPay, ApplePay & Paypal
2.10 The Product is normally dispatched within two days of Order Confirmation to the address you provided us with, prior to Order Confirmation. If you change the delivery address after we have sent you the Order Confirmation, the Product will be delivered to the original address you supplied to us. We will only arrange to have a Product delivered to a different address, if we accept it as part of the Order Confirmation.
2.11 Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence unless previously agreed by us in writing. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.
2.12 Risk in a Product passes to you on delivery of the Product to the agreed delivery address.
2.13 Title to a Product will only pass to you when full payment is made to us for all the charges specified in the Confirmed Order.
2.14 If you receive the wrong Products, damaged/faulty Products or certain items are absent from the Product kit, then please send us an email within seven days of receipt of the Product firstname.lastname@example.org containing the following information: the Name, address, Product details and unique activation code of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement product to be sent to you as soon as possible.
Cancellation right (cooling off right) at law
2.15 You have the right to cancel the contract for the purchase of Product within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you receive possession of the Products.
2.16 To exercise the right to cancel, you must inform us of your decision to cancel by an unequivocal statement (e.g. a letter sent by email to email@example.com). You must then promptly return the Product to us (within 14 days from notifying us of your decision to cancel), at your own cost.
2.17 If you cancel your purchase within 14 days of receiving the Product, we will reimburse to you all payments received from you, without undue delay and in any event, not later than 14 days from the date on which we receive the returned Product from you, or the date you provide us with evidence of having sent the Product back to us, whichever is earlier. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of such reimbursement. You will bear the direct cost of returning the Product.
2.18 The right to cancel an Order does not apply if the Product has been opened and the seal on the kit has been broken, and is therefore not suitable for return for health protection reasons
2.19 We take no responsibility if ColoAlert has been delivered by yourself with different means other than via our DHL arrangements.
2.20 The kit must be used within 3 months otherwise stability and quality of the kit cannot be gauranteed and therefore void and cannot be refunded.
3. Using the services
3.1 You acknowledge and agree that in order to avail of the Services you must follow the procedure demanded by these Conditions. You will be required to register your details with us. Where you receive the Product by post, or purchase the Product in-store, you must register the Product kit to your personal online on www.mecheck.co.uk. Failure to register online for the Product kit means you will not be able to access Test Information.
3.2 By proceeding with any test you are formally providing your informed consent to undergo that test. You agree that before proceeding with any test, you will read all relevant information provided in these Conditions and on the Site, including all packaging. If you are unsure or if you require any further information, you agree to contact us or a registered healthcare professional for further information.
3.3 You agree that your use of the Services is at your sole risk. We cannot and do not warrant that the tests performed or Test Information as part of the Services will be 100% accurate due to the nature of the tests being performed.
3.4 You acknowledge that the Test Information does not constitute a definitive diagnosis. In a small number of cases there can be incidences of false-positive results and false-negative results. A person with a negative non-reactive or not detected test result could have a disease, or a person with a positive reactive or detected test could be free from a disease. All positive, reactive or detected results must be verified by a doctor through a confirmatory test.
3.5 You acknowledge any Test Information does not constitute a definitive diagnosis. An abnormal test results require further testing from a doctor
3.6 The Services are limited to the Services as defined. If you require specialist advice or counselling in addition to the Services, you will need to seek your local services.
3.7 Any failure to comply with your obligations as outlined in this clause, particularly with regard to re-testing where appropriate, is entirely your responsibility.
3.8 By using our Products and/or Services, you warrant and are confirming that:
3.8.1 you are legally capable of entering into binding contracts; and
3.8.2 you are at least 18 years old.
3.9 You undertake:
3.9.1 To take note that LOW, NORMAL OR HIGH READINGS do not constitute a definitive diagnoses and further testing will be required from a medical professional to constitute a definitive diagnoses for, cancer testing
3.9.3 to comply fully with all instructions included with the Product and to return the Sample in the Product within the timescale set out in clause 4.1;
3.9.4 to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
3.9.5 to disclose to us honestly and to the best of your knowledge any information that may affect or impact test result.
3.9.6 to use the Site, the Products and the Services only for lawful purposes and in accordance with these Conditions and you further undertake in making a complaint or raising a query on these Conditions, not to be abusive to any of our staff, or us or those of our Accredited Laboratory or induce fear or harass any member of our staff; and
3.9.7 not to use the Products and/or the Services for resale or in any way that breaches any applicable local, national or international law or regulation.
3.9.8 You acknowledge and agree that when you submit an order for the Services through this Site including acquiring one or more Products, through this Site, that you have selected the Products and have not received any advice from us.
4. Submitting the sample
4.1 When submitting a sample, you must fill the collection device to the indicated line. If you do not provide an adequate sample, you will not receive a result. You will find within the Product a simple step-by-step process to ensure you take the Sample correctly and place it in the Product. You will then place the Product with the Sample in it, into a prepaid envelope and post them back immediately to the Accredited Laboratory via DHL Courier instructions
4.2 You are responsible for the correct handling of samples, and acknowledge that incorrect handling of samples can impact test results.
5. Test information
5.1 You will be sent an email notifying you when Test Information has been made available to your email. The Test Information will be set out in plain language to make it easy for you to understand the contents.
5.2 If you have a positive, reactive or detected result you will need a further confirmatory test from a suitably qualified doctor. If you have an elevated reading you will need further testing from a suitably qualified doctor.
5.3 The services include, in respect of a user whose Test information indicates a positive, reactive, detected or elevated result, receiving a phone call from a medical advisor which will offer direction and support to the user.
5.4 If you have concerns with the Test Information you should consult with your own medical practitioner who will be able to direct you to other sources of support within the scope of the Services
6. Disclaimers and exclusion of liability
6.1 As a Consumer, you have certain legal rights. The disclaimers, exclusions and limitation of liability under these Conditions will not apply to the extent prohibited by applicable law. Nothing in these Conditions shall attempt to exclude or limit liability that cannot be excluded under applicable law.
6.2 The Products and Services are provided "as is," without warranty of any kind, either express or implied, including, without limitation, warranties of satisfactory quality, merchantability and fitness for a particular purpose
6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF DATA, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF EMOTIONAL WELL-BEING CAUSED BY THE TEST INFORMATION, OR ANY LOSSES INCURRED BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 In no event will our total cumulative liability arising from or in relation to the products, whether in contract or tort or otherwise, exceed 100% of the amount paid by you for the Products and Services.
6.5 We shall not be in breach of any provision of these Conditions caused by your failure to observe any of your obligations or undertakings contained within the Terms or these Conditions.
6.6 We shall not be obliged to provide the Services where you have failed to follow the instructions in relation to the ordering, use of the Products, providing a Sample, and returning the Sample to the Laboratory within 12 hours in compliance with these Conditions.
6.7 We do not accept responsibility for differences between the specification for a Product and the image of the Product as viewed on our Site.
6.8 The provisions of this clause 7 in their entirety shall survive the expiry or termination of this Agreement.
7. General legal provisions
7.1 We shall in no event be liable or responsible for any delay in performance of, or default in our performance of any obligation under these Conditions or under an Order, caused directly or indirectly by any cause beyond our reasonable control.
7.2 The construction, interpretation and application of these Conditions shall be governed by the laws of the UK. In using this Site, you agree to submit to the exclusive jurisdiction of the courts of the UK, in respect of any dispute arising hereunder. Provided always that nothing herein shall deprive you of any rights you have under relevant consumer protection laws to bring proceedings in your country of residence.
7.3 Failure or delay by us to enforce any of these Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.
7.4 We may sub-contract or delegate the provision of the Services to any entity who provides services to us, to enable us provide the Services to you. No such sub-contracting or delegation shall relieve us of our obligations under these Conditions.
7.5 You are communicating with us electronically when you use the Site or send us an email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
7.6 If any part of these Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Conditions will remain in full force and effect.
Accredited Laboratory: meaning PharmGenomics GmbH which is certified according to DIN EN ISO 13485 and accredited according to DIN EN ISO 15189.
Content means any item, data, material, information, software, images, photos, advertisements, trade mark or Services mark, sounds, videos, marks, expressions, views or opinions, which appear on the Site;
Helpline means the online submission page, which can be used by a user to submit queries;
Intellectual Property Rights means for the purposes of these Terms, trade marks, Services marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world;
Order means an offer by a user to purchase Services and one or more Products from us;
Password means a unique letter number combination being at least eight digits long, required to access and use the Site and the Services;
Privacy Statement or Policy means the privacy statement referred to on the Site;
Product means a kit which enables you to take and store a blood sample in it, or to store a urine sample in it, as sold by us;
Services means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;
Us or We means the Company (Biox Medical Ltd;
Viruses "virus" or "worm", "Trojan horse", "trap door", "Software Switch", "time" or "logic bomb", "disabling code" or "routines", or "expiration dates";
You or you means the user of the Site.
Any reference express or implied to a law in these Terms, includes:
(i) references to that law as amended, extended or applied by or under any other law, before or after the date of these Terms;
(ii) references to any law which that law re-enacts, with or without modification; and
(iii) references to any sub-ordinate legislation made before or after the date of this Agreement under any law including one within (i) or (ii).
The jurisdiction of these terms and conditions will be: United Kingdom.
9.0 Contact us
If you have any concerns about material which appears on our Site, please contact us at firstname.lastname@example.org