These Terms of Supply, together with any and all other documents referred to herein, set out the terms under which Services are provided by Us through this website, www.biovaultfamily.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. These terms should be read in conjunction with the Contract and Consent prior to proceeding with the purchase of services. These Terms of Sale, as well as any and all Contracts within the site are in the English language only. However documents in other languages are available on request.Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
- means a contract for the provision of Services; “Order” means your order for the Services;
- “Order Confirmation”
- means our acceptance and confirmation of your Order;
- means the services which are to be provided by Us to you as specified in your Order (and confirmed by Us); and
- means Biovault Technical Ltd trading as Biovault Family , a company registered in England under 08323531, whose registered address and main trading address is 24 Brest Road, Derriford, Plymouth, Devon, PL6 5XP.
Information About UsOur Site, at 24 Brest Road, Derriford, Plymouth, Devon, PL6 5XP, is owned and operated by Biovault Technical Ltd a limited company registered in England under 08323531, whose registered and trading address 24 Brest Road, Derriford, Plymouth, Devon PL6 5XP. Our VAT number is 153164429.We are regulated by the Human Tissue Authority, Licence Number 11063.
Access to and Use of Our Site
It is your responsibility to make any and all arrangements necessary in order to access Our Site. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Consumers may only purchase Services through Our Site if they are at least 18 years of age. You warrant that by placing an order for Our services that you meet the age restriction and that any order is legally binding.
Services, Pricing and Availability
We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
You will be required to select the required Service package and you will be required to fill in Our online forms prior to making payment for the collection kit to be dispatched and for the phlebotomy service if required. Once an order has been placed you will receive confirmation from Us acknowledging such order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance and we will confirm your order with you once the completed online forms have been reviewed. You will be contacted by our Customer Advisor in order to complete an informed consent procedure and to arrange for a collection kit to be sent to you.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed prior to the change taking place.
All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order. We will not proceed with processing your Order until you respond.
All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Payment for the Services will be due in the form of an advance payment of £160 for the collection kit and £300 for the phlebotomist if required. We accept the following methods of payment on Our Site for payment of the collection kit and phlebotomist:
- VISA Debit
- Credit Card
We do not charge any additional fees for any of the payment methods listed above.
We cannot accept payment by AMEX.
We will invoice you for the remaining sums due on or after the completion of the Services but prior to releasing the certificate of storage. Once final payment is made your Certificate of Storage will be sent to you for your records. Payment in respect of the final payment can be made by BAC’s transfer or card payment. At present final payment cannot be undertaken through Our website.
If you do not make any payment to Us by the due date as shown on your final invoice We reserve the right to charge you interest on the overdue sum at the rate indicated on your invoice. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
The provisions of the above clause will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
Collection Kit Delivery
Next Day Delivery
Next Day Delivery – Free
Sent via courier on next day service
Kit going to the requested residential address in UK mainland only
Your delivery will be fully trackable online. For additional information regarding this service please call 07464 960 665.
Same Day Delivery
Quoted on request
Sent via courier on same day service
Kit going to requested residential address in UK mainland only
Your delivery will be fully trackable online. For additional information regarding this service please call 07464 960 665.
Provision of the Services
As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry, and in accordance with any information provided by Us about the Services and about Us. Please note that if you request that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost.
Your Legal Right to Cancel (Cooling Off Period)
If you are a consumer in the UK or European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed. The period ends at the end of 14 calendar days after that date.
If you wish to exercise your right to cancel, you must inform Us of your decision within the cooling off period. You may do so in any way you wish., Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
- Telephone: 07464 960 665
- Email: [email protected]
- Post: 24 Brest Road, Derriford, Plymouth Devon PL6 5XP
As specified above, if the Services are to begin within the cooling off period you are required to make an express request to that effect. This request forms a normal part of the order process. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete. If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel. To meet the cancellation deadline, you must send communication to cancel the service prior to the collection kit being sent. Where applicable, and if the collection kit has not already been sent, a refund of your deposit will be issued within 14 working days after you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that We make a refund using a different method. Please note that the phlebotomist fee cannot be refunded as the service is deemed to have started as soon as they are notified that the service has commenced regardless of whether a kit has been despatched or not.
Please note that you cannot cancel the collection kit order for the provision of the service if despatch and /or delivery has already commenced upon your request and you acknowledgement that you thereby lose your cancellation right and no refund will be given.
Problems with the Services and Your Legal Rights
We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via [email protected] or by phoning us on 07464 960 665.
We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Subject to the above clauses Our liability for losses you suffer as a result of breaching these Website Terms and Conditions of Use is strictly limited to direct losses only and shall in no circumstances exceed the purchase price of the Goods or Service (as applicable) you purchase.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
We will use Our reasonable endeavours to bring any Force Majeure event to a close or to find a suitable solution by which Our obligations under the contract can be performed despite the Force Majeure event.
Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
- By email, addressed to [email protected]; or
- By contacting Us by telephone on 07464 960 665
How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.