TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 0844 357 2687.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
2. We are Drug and Alcohol Screening Ltd a company registered in England and Wales under number 10778429 whose registered office is at 20-22 Wenlock Road, London , N1 7GU with email address email@example.com; telephone number (0844 357 2687) (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession.
5. Contract means the legally binding agreement between you and us for the supply of the Services.
6. Delivery Location means the Supplier's premises or other location where the Services are to be delivered, as set out in the Order.
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order.
8. Order means the Customer's order for the Services from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.
9. Services means the services, including any Goods, of the number and description set out in the Order.
10. The description of the Services and any Goods is as set out in our website, catalogues, brochures, or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
11. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
12. All Services are subject to availability.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services.
15. It is your responsibility as the Customer to know the travel restrictions and requirements of the country you are flying to. Any missed flights due to incorrect information or late bookings for COVID19 tests is not the responsibility of us the Supplier.
16. It is your responsibility to provide all the documentation to complete your application for testing purposes. Full consent my be given and a copy of your booking reference and photographic ID is also required.
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect. No refund will be given.
Basis of Sale
16. The description of the Services and any Goods in our website, catalogues, brochures, or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
18. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.
19. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Fees and Payment
22. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
23. Fees and charges include VAT at the rate applicable at the time of the Order.
24. Payment for Services must be made at least 2 days in advance of delivery. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
22. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 30 calender days from the day on which the Contract is entered.
23. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you cannot require us the Supplier to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).
24. In any case, we aim to deliver our Service in a fast and timely manner. However, regardless of events beyond our control, if we do not deliver the Service on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Service, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. We do not generally deliver to addresses outside England, Wales, and Scotland. If, however, we accept an Order for Services outside that area, you may need to pay expenses incurred, as we will not pay them.
30. If you or your nominee fail, through no fault of ours, to take delivery of the Services we provide at the Delivery Location, no refund will be given.
Risk & Title
31. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
32. You do not own the Goods until we have received payment in full.
Withdrawal and cancellation for Fit to Fly
33. You can withdraw the Order by telling us 24 hours before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
34. You can cancel the Contract no later than 2 calendar days from the day the Contract was entered into. Refunds will be given minus handling charge (£25.00) and will be in your account within 5-10 business working days. Request for refund must be made by email including full bank details to ensure a smooth transfer.
35. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
36. Upon delivery, the Goods will:
a. be of satisfactory quality.
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
41. It is not a failure to conform if the failure has its origin in your materials.
42. We will supply the Services with reasonable skill and care.
43. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination, and suspension
44. The Contract continues for as long as it takes us to perform the Services.
45. Either you or we may terminate the Contract or suspend the Services at any time either verbally or by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice: or
b. is subject to any step towards its bankruptcy or liquidation.
46. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
47. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation regarding your personal information.
49. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
50. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
51. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
b. we will only Process Personal Data for the purposes identified.
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
52. For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org.
Successors and our sub-contractors
53. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
54. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel below.
55. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession and personal travel. We the Supplier do not take any responsibility for missed flights, or any other incurred costs due to delays in test results.
Governing law, jurisdiction and complaints
56. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
57. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland, respectively.
58. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us immediately so that we are able to find a solution as quickly as possible. We will aim to respond with an appropriate solution within 48 hours.