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Terms and Conditions of Sale - Gutology TestingUpdated 2 months ago

TERMS AND CONDITIONS - TESTS

Version number: 4.0

Effective date: 28th March 2024

WHO WE ARE
We are Gutology Limited. Our company information is at the end of this document. 

WHAT THIS IS ALL ABOUT
These are our terms and conditions which apply to our testing service. (Separate terms apply when you buy products from us or use our site generally.) Please read the entire document carefully and contact us if anything is unclear. We’ve tried to make it user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.

SOME DEFINITIONS

THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT 

“Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

“Kit” – the testing kit that we send you in connection our Service.

“Service” – our testing service including supplying you with the Kit, arranging for laboratory analysis and providing you with the test results and any associated services.

IMPORTANT WARNING

HERE IS SOME CRUCIAL INFORMATION THAT WE WANT TO TELL YOU ABOUT RIGHT AT THE START

We are not doctors or medical practitioners. While we believe that our Service can be beneficial in many ways, it is not intended to diagnose, prevent, or treat any medical condition, to ascertain the state of your health, or to be used as a substitute for medical advice and we make no promise that the Service provides therapeutic benefit or that any particular “wellness” objective will be achieved.  

You agree to immediately consult your health professional if you have or think you may have a medical condition and that you will not rely on any advice or statements by us relating to your health. Our focus is on helping you to use our Service, not on providing health advice.

You accept that, as with any medical test, 100% accuracy of our tests cannot be guaranteed. For example, there is always a risk of either a “false positive” or a “false negative” test result. 

You agree that you have answered, or will answer, all health questions carefully and truthfully and to comply with any related requirements or suggestions. If medical advice is requested or suggested and/or if you are considering pregnancy, pregnant, nursing, taking medications, or undergoing medical diagnosis, you agree to get that medical advice before ordering a test and to follow that advice. If your condition changes or you have any concerns about your health, you must take medical advice before continuing to use our Service. You agree to seek guidance from a certified functional medicine practitioner in addition to consulting your GP.

HOW YOU ENTER A LEGAL CONTRACT WITH US

THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

You place your order by using the ordering process on our site and sending your order to us by clicking on the relevant button. 

We accept your offer and there is a binding legal contract when we send you a confirmation email.

Even if we have accepted your offer, we are entitled to cancel your order if for any reason we think that the test is or might be unsuitable in your case, whether based on your answers to our health questionnaire or otherwise.

By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.

CONSUMER LEGAL RIGHT TO CANCEL ("COOLING OFF")

IN SHORT: CONSUMERS MAY HAVE THE RIGHT TO GET OUT OF THE CONTRACT WITHIN THE FIRST 14 DAYS

If you are a Consumer, you may have the legal right to cancel this contract within 14 days of the start of the contract if you comply with the requirements explained in the Annex at the end of this document.

However, you lose the right to cancel the contract where the supply of services has been fully performed, i.e. completed.

YOUR RIGHT TO USE OUR SERVICE

THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE

You must not use, or attempt to use, our Service unless you are aged 18 or over and, unless our site says otherwise, be permanently resident in the UK.

Unless you are a parent/guardian ordering for a child with our prior written consent (please email us to our email address shown below) or a practitioner ordering for a named patient, you may only order our Service for your own personal and private use. You must not order our Service for use by any another person including a family member. You must not pass the Kit to any other person or re-sell our Service.

STANDARD OF SERVICE

THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU

Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.

PAYING US 

THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS 

Payment is in advance. Prices and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax  unless we say otherwise. 

If we have mispriced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

You must contact us immediately with full details if you dispute any payment.

You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.

DISCOUNT CODES

THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SERVICE

You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.

Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction. 

We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed or if. 

Codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

USE OF OUR SERVICE

THIS SECTION COVERS THE DETAILS OF HOW OUR SERVICE WORKS AND INCLUDES: RECEIVING THE KIT AND TAKING THE SAMPLE, RETURNING IT TO US, AND GETTING YOUR TEST RESULTS

Your order
You promise that all information that you supply to us in connection with your order is accurate and not misleading and that you will tell us if there are any important changes. 

Receiving the kit
We aim to send you the Kit promptly following your order. It is your responsibility to contact us promptly to request a (free) replacement if you do not receive it within the period stated in our site (or, if none, 14 days).

Taking the sample 
It is your responsibility to carefully read and follow any guidance and instructions on our website or which accompany the Kit and to contact us for clarification if you are unsure about anything.

You agree to contact us immediately, and before taking the sample, if any of the pre-existing conditions and medications mentioned in the guidance/instructions are applicable (as these may affect the viability of the sample). If we are only informed of such conditions/medications after you take the sample or if these otherwise invalidate the test, we are not required to provide any refund or a free/discounted retest.

You must take the sample before the Kit expiry date shown on the Kit or accompanying information. Otherwise, because the Kit becomes unusable, and you must pay us the fee shown on our site (or, if none, £25) for a replacement Kit.

Sending the sample to us
You must send us the sample on the same day you take it by bringing it to your local post office (or other authorised despatch location), packaging it appropriately and using only the returns label that we provide. If your order involves more than one sample (e.g., stool and blood), you must take both samples on the same day and send them back together.

You must alert us via the relevant QR code on the day you take the sample.

Receiving your sample    
You must contact us by email to our address shown below if you haven't received our confirmation of receipt of your sample within five working days (in England). If so, and provided you have complied with the above requirements, we will send you a free replacement Kit.

If the sample is non-viable and, acting reasonably, we think this is your fault (e.g., not taking the sample correctly, not following our guidance/instructions, not sending it to us on the same day), we will not provide any refund but we agree to send you a replacement Kit provided you first pay us the replacement Kit fee shown on our site (or, if none, £25).

In the case a sample is non-viable at fault of our partner laboratory we will supply you with a replacement kit free of charge.

Sending you the test results
We will take reasonable steps to notify you of the test results by email within the period stated on our site (or, if none, 15 working days in England of receiving your sample). It is your responsibility to contact us if you have not received the test results within the relevant timescale.

Unless our site says otherwise, we do not supply any advice relating to the results. It is your responsibility to contact an appropriate practitioner to discuss the results if you wish to do so. If we recommend any practitioners, you use them at your own risk. You agree to make your own appropriate enquiries before dealing with such practitioners and to ask them to verify any claims that are important to your decision.

If the test results raise any red flags, it is your responsibility to contact a fully qualified medical practitioner urgently. 

We are allowed to destroy any sample after we send you the test results.

ENDING OR SUSPENDING OUR SERVICE

THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS

We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:

any fees payable by you are unpaid or charged back; 

acting reasonably, we think that it is necessary to protect you, us or others; 

we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or

you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors.

IF THIS CONTRACT ENDS:
Existing rights and liabilities are unaffected. 

All terms in this contract that are stated or intended to continue after termination will continue to apply.

RESTRICTIONS ON OUR LEGAL RESPONSIBILITY - VERY IMPORTANT

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.

If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:

there is no breach of a legal duty owed to you by us;

such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); 

(and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or

such loss or damage relates to a business of yours.

If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

The following clauses apply only if you are not a Consumer:

To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. 

Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:

loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or

indirect, consequential or special losses.

Subject to the first paragraph in this section (“Nothing in this agreement…”), our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total amount of your order. 

You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).

This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.

YOUR PERSONAL INFORMATION

IN SHORT: OUR PRIVACY POLICY APPLIES

You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

THINGS WE CAN'T CONTROL

IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

TRANSFERRING THIS CONTRACT TO SOMEONE ELSE

IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

ENGLISH LAW AND COURTS

IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES 

This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.  If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

GENERAL

HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY 

We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

COMPLAINTS

If you have any complaints, please contact us via the contact details shown below. 

Information about us

Company name: Gutology Limited

Trading name: “Gutology”

Country of incorporation: England and Wales

Registered number: 12545774

Registered office and contact address: Oversley Castle, Wixford, Alcester, England, B49 6DH

Contact email address: [email protected]

Other contact information: See our website/contact page

VAT number: 411704047

ANNEX – COOLING OFF

YOUR LEGAL RIGHT TO CANCEL THIS CONTRACT 

The following applies if you are a Consumer and have the legal right to cancel this contract (as explained above).

Right to cancel

You have the right to cancel the contract within 14 days without giving any reason.

The cancellation period will end after 14 days from the day when we enter a legal contract with you (i.e., as explained above – “How you enter a legal contract with us”). 

To exercise the right to cancel, you must tell us Gutology Limited: Oversley Castle, Wixford, Alcester, England, B49 6DH (email address above) of your decision to cancel the contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below, but you don’t have to.

To meet the cancellation deadline, you must send your communication telling us you want to cancel before the cancellation period ends.

Effects of cancellation

If you cancel the contract, we will refund to you all payments received from you.

The refund will be made without undue delay, and no later than 14 days after the day we receive your notice to cancel the contract.

The refund will be made using the same means of payment you used for the initial transaction, unless you expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. 

If you asked us to start performing the services during the cancellation period, you must pay us an appropriate proportion of the payment to cover services performed until the point when you tell us you want to cancel the contract. So, for example, If you cancel before sending us your sample back, we will charge you the cost of the Kit (which cannot be reused) as stated on our site (or, if none, £25). If you cancel after we have received and started processing your sample, there will be no refund at all.

MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:

— To Gutology Limited, : Oversley Castle, Wixford, Alcester, England, B49 6DH  (email address above):

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*], 

— Ordered on [*]/received on [*],

--- Order Number

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate





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