Terms & Conditions

TERMS AND CONDITIONS

THIS IS A LEGAL AGREEMENT, BY PLACING AN ORDER FOR PRODUCTS AVAILABLE FROM OUR WEBSITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS.

  1.  OUR LIABILITY
    1. The disclaimers, exclusions and limitation of liability under these Terms and Conditions will not apply to the extent prohibited by law. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our own negligence;
      2. fraud or fraudulent misrepresentation; or
      3. defective products under the Consumer Protection Act 1987.
    2. To the maximum extent permitted by applicable law, in no event will we be liable for indirect, consequential, exemplary, special, or incidental damages including any damages for loss of data, loss of profits, loss of emotional well-bring caused by the test information or any losses incurred by any third party, arising from or relating to the Product(s) or services, even if we knew or should have known of the possibility of such damages.
    3. If in delivering our services to you we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Product(s). In absence of our negligence, our total cumulative liability arising from or in relation to the Product(s), whether in contract or in tort or otherwise, will not exceed 100% of the amount paid by you for the Product(s).
    4. If you receive a positive result and you choose not to use the service provided in clause 2.5 to treat any infection, we will not be liable for any future consequences that may result from this to you or any third party.
  2. CANCELLATIONS AND REFUNDS
    1. Once your order has been placed, we cannot cancel it. Therefore, once you have paid for a Product you will not receive a refund unless:
      1. the Product(s) are faulty when received and you report the fault to us via our help e-mail address letstalkaboutit@nhs.net
      2. your order details show that you are not a UK resident; or
      3. you do not have a valid UK mobile number.
    2. If we have been unable to test your sample due to an error by you, such as incorrect labelling of a sample pot, under or overfilling of a sample pot or failure to return the sample to the laboratory within 24 hours of taking the sample, you will receive a SMS text message but we will not send you a replacement Product and you will not receive a refund.
    3. If you have been sent the wrong Product you will need to report this to us via our help e-mail address letstalkaboutit@nhs.net and we will then send a replacement Product to you.
    4. If we have been unable to test your sample due to a laboratory error including where the sample is damaged in transit to the laboratory, which is confirmed by the laboratory, you will receive a SMS text message and we will resend you the same Product(s) free of charge.
  3. postage charges
    1. All orders will be sent by Royal Mail 1st class post free of charge unless specified otherwise at the point of purchase.
    2. As an alternative to the delivery method in clause 7.1, you may choose for your Product(s) to be delivered by:
      1. tracked delivery for a charge of £6; or
      2. guaranteed next day delivery for a charge of £13.
  4. DELIVERY
    1. Orders for Products which are paid for by 1:00pm Monday to Friday (excluding bank holidays) will be dispatched on the same day.
    2. Orders for Products placed after 1:00pm Monday to Friday will be dispatched the next working days (excluding bank holidays).
    3. Orders placed on Saturday and Sundays will be dispatched the following Monday (excluding bank holidays).
    4. During peak times, such as Christmas, delivery may take longer. We will not be liable for any loss or damage due to our failure to meet scheduled delivery dates.
  5. PAYMENT
    1. Our Products are available free of charge for Hampshire, Portsmouth & Southampton residents and subject to an individual’s circumstances. If you live outside of this area you must pay for any Product(s) ordered in accordance with clause 5.4.
    2. The price of the Products will be as quoted on the Website at the time you submit your order. All prices are inclusive of VAT.
    3. Prices for our Products may change from time to time, but changes will not affect any order that you have already placed.
    4. You agree to pay the price, postage charges (in accordance with clause 7) and any other charges in relation to your order in advance and you undertake to make payment in advance by clicking on the payment button on the Website and following the required procedure.
    5. You are responsible for providing valid credit or debit card details which may be charged. We reserve the right not to deliver our Product(s) to you if your payment details have expired or are invalid in any way. If this happens we will attempt to contact you to enable you to provide updated information.
  6. ORDERS AND AVAILABLITY
    1. All Products shown on our Website are subject to availability.
    2. After placing an order you will receive an automatic order confirmation email from online@nhs.net acknowledging that your order has been received.
    3. You will receive a SMS text message to confirm your order has been dispatched. Products will be delivered in accordance with clause 6.
  7. Use of our services
    1. You may only purchase a Product from our Website if you:
      1. are aged 18 years old or over;
      2. are a resident in the United Kingdom (UK);
      3. have capacity to enter into a legally binding contract; and
      4. have a valid UK mobile number.
    2. By proceeding with any test provided in our Products, you are formally providing informed consent to undergo that test. You agree that before proceeding with any test you will read all relevant information provided in these Terms and Conditions, on our Website and all Product packaging.
    3. If you are unsure or you require any further information, you agree to contact us or a registered healthcare professional for further information.
    4. You acknowledge that the tests should not be taken until the incubation period is over, information in relation to which is included https://www.letstalkaboutit.nhs.uk/shop/faqs on the Website.
    5. There are certain incubation periods for each infection (see https://www.letstalkaboutit.nhs.uk/shop/faqs/ on the Website) and it is recommended to retest:
      1. if you tested before the relevant incubation period has comfortably passed (from the time of potential exposure);
      2. if you suspect that an infection has subsequently developed; or
      3. if you have been potentially exposed to any relevant infection in the meantime.
    6. You agree:
      1. to disclose to us honestly your place of residence;
      2. to comply fully with all instructions included with the Product;
      3. 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;
      4. to disclose to us honestly and to the best of your knowledge any information that may affect or impact test results;
      5. to use this Website and our Products only for lawful purposes and in accordance with these Terms and Conditions;
      6. not to use the Products for resale or in any way that breaches any applicable local, national or international law or regulation.
    7. 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 or false-negative results. All positive, reactive or detected results must be verified by a doctor through a confirmatory test.
    8. Any failure to comply with your obligations in accordance with this clause 3 is entirely your responsibility.
  8. OUR SERVICES
    1. We provide an online service whereby you can order a home STI testing kit and associated products (the “Product(s)”).
    2. We provide you with a pre-paid envelope for you to send your samples to our laboratory.
    3. We send you your test results via an SMS text message.
    4. If any tests are positive we will send you an SMS text message with the name of the infection. We will also contact you by telephone to provide you with more information about your positive result.
    5. We can provide referrals for treatment in one of our local sexual health clinics. If you choose not to access treatment in one of our local sexual health clinics we can share your information and details of your results to the sexual health service of your choice.
    6. If you have a test result that is not negative, we will create a healthcare record for you on our secure patient system called INFORM. This will not be shared outside of Solent NHS Trust sexual health service. However, we will contact the sexual health service local to you to inform them of your positive result. For more information, please see our Privacy Statement which can be found https://www.letstalkaboutit.nhs.uk/shop/privacy-statement/
  9. INFORMATION ABOUT US
    1. We are Solent NHS Trust, a community and mental health trust which provides services to people living in Portsmouth, Southampton and some parts of Hampshire. We provide sexual health services across Hampshire (excluding Isle of Wight), Portsmouth and Southampton.
    2. letstalkaboutit.nhs.uk is a website and service operated by Solent NHS Trust (the “Website”). The Website provides information about home STI tests and other sexual health related issues and enables you to purchase home STI tests online.
    3. You can contact us on the following email address (letstalkaboutit@nhs.net) or telephone number 0300 300 2016.
  10. Privacy
    1. We process information about you in accordance with our Privacy Statement which can be found https://www.letstalkaboutit.nhs.uk/shop/privacy-statement/
  11. Complaints
    1. Should you have any complaints, please contact our Patient Advice and Liaison Service on pals@solent.nhs.uk or 0800 013 2319. Lines are open Monday to Friday 8:30am to 5:00pm.
  12. GENERAL LEGAL PROVISIONS
    1. The construction, interpretation and application of these Terms and Conditions shall be governed by the laws of England and Wales. In using this Website, you agree to submit to the exclusive jurisdiction of the courts of England and Wales, in respect of any dispute arising hereunder.
    2. Failure or delay by us to enforce any of these Terms and Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.
    3. If any part of these Terms and 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 and you. The legality, validity or enforceability of the remainder of these Terms and Conditions will remain in full force and effect.
    4. We reserve the right to update and amend these Terms and Conditions from time to time.
    5. We may transfer our rights and obligations under these Terms and Conditions to another organisation.
    6. These Terms and Conditions are between us and you. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.