Terms and Conditions

These Terms

1. What these terms cover. These are the terms and conditions on which we supply products to you. 
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us  to discuss. 
3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
   1. You are an individual.
   2. You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
      1. Provisions specific to consumers only are in RED and those specific to businesses only are in BLUE.
4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Information about us and how to contact us

1. Who we are. COVIDSAFEUK.COM is a trading name of Connect Engagement Ltd.  Connect Engagement Ltd is a company registered in England and Wales. Our company registration number is 11919709 and our registered office is at 4 Clews Road, Redditch, Worcestershire, England, B98 7ST.  Our correspondence address is  92 Blakefield Rd, St John’s, Worcester WR2 5DP.  Please use this address when corresponding with us. 
2. How to contact us. You can contact us by telephoning our customer service team at 03335 445566 or by writing to us at info@covidsafeuk.com or 92 Blakefield Rd, St John’s, Worcester WR2 5DP.
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 
4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

Our contact with you

1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. 
3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

Our products

1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that the product you receive will be an exact match to the one displayed on the website. 
2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website. 
3. Use of products.  Where appropriate we provide clear instructions as to how to use the products we sell.  These instructions may be provided via our website and/or included within the packaging of the products in question.  Certain of our products, such as the COVID Rapid Test Kits require you to use them STRICTLY as per the instructions.  We are in no way responsible to you if you use the product in a way not covered by the instructions and the product does not function as you expect, or require it to.  If you have any questions or concerns about how to make use of any of the products we supply please contact us and we will do our best to help you. Please do note, though, that we are not trained doctors, or medical experts, and will never provide any medical advice regarding the products or their use.  If you have any concerns about any symptoms you may have, or the consequences of the results from any test kit provided, you must contact your GP, phone 111, or visit your local hospital to obtain medical advice.  You must always follow government guidance when visiting any place outside of your home and it is your responsibility to ensure you are aware of and comply with such guidance.

Our rights to make changes

1. Minor changes to the products. We may change the product: 
   1. to reflect changes in relevant laws and regulatory requirements, this may include, for example, the packaging in which the products are supplied, or any instructions or warnings supplied with the products; and 
   2. to implement minor technical adjustments and improvements.  Any such changes will not negatively impact your use of the products.
2. More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
   1. As further information comes to light regarding the success rate of the tests we sell, we may have to update the information we publish about some of our products to reflect this updated knowledge and information.
3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. 

Providing the products

1. Delivery costs. The costs of delivery will be as displayed to you on our website.
2. When we will provide the products. During the order process we will let you know when we will provide the products to you. 
   1. Where the products are goods. Where the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. 
   2. If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we can after we accept your order.
3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 
4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our chosen delivery agent will notify you as to how to rearrange delivery or collect the products from a local depot or safe location.
5. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from our chose delivery agent they will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite their reasonable efforts, they are unable to contact you or re-arrange delivery or collection we may end the contract and 9.2 will apply.
6. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you.
7. When you own goods. You own a product which is goods once we have received payment in full.
8. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
   1. deal with technical problems or make minor technical changes;
   2. update the product to reflect changes in relevant laws and regulatory requirements;
   3. make changes to the product as requested by you or notified by us to you (see 5).

Your rights to end the contract

1. You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
   1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see 12 if you are a consumer and 13 if you are a business;
   2. If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;
   3. If you are a consumer and have just changed your mind about the product, see 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; 
   4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see lause 7.6.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
   1. we have told you about an upcoming change to the product or these terms which you do not agree to (see use 5.2);
   2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
   3. there is a risk that supply of the products may be significantly delayed because of events outside our control; 
   4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
   5. you have a legal right to end the contract because of something we have done wrong. 
3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 
4. When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of:
   1. digital products after you have started to download or stream these; 
   2. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.  This includes our COVID-19 Rapid Testing Kits that cannot be returned if any part of the packaging suggests that they have been opened; and
   3. any products which become mixed inseparably with other items after their delivery.
5. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
   1. Where you have you bought goods (for example, COVID-19 Rapid Test Kits), have 14 days after the day you (or someone you nominate) receives the goods, unless Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery.
6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault, and you are not a consumer who has a right to change their mind (see 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed, where we are not at fault, and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

How to end the contract with us (including if you are a consumer who has changed their mind)

1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:  
   1. Phone or email. Call customer services on 03335 445566 or email us at info@covidsafeuk.com Please provide your name, home address, details of the order and, where available, your phone number and email address. 
   2. Online. Complete the Returns Form [INSERT LINK TO ONLINE FORM] on our website.
   3. By post. Print off the Cancellation Form attached to these terms and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. 
2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Due to the risks of spreading Coronavirus we do not accept returns in person. You must post them back to us at 92 Blakefield Rd, St John’s, Worcester WR2 5DP. Please call customer services on 03335 445566 or email us at info@covidsafeuk.com for a return label.  If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 
3. When we will pay the costs of return. We will pay the costs of return:
   1. if the products are faulty or misdescribed; or
   2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
   3. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.   
4. How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
5. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 
6. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then: 
   1. If the products are goods your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see 8.2.
   2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

Our rights to end the contract

1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 03335 445566 or by writing to us at info@covidsafeuk.com or 92 Blakefield Rd, St John’s, Worcester WR2 5DP.

Your rights in respect of defective products if you are a consumer

1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please call customer services on 03335 445566 or email us at info@covidsafeuk.com for a return label.

Your rights in respect of defective products if you are a business

1. If you are a business customer we warrant that on delivery any products which are goods shall:
   1. conform in all material respects with their description and any relevant specification;
   2. be free from material defects in design, material and workmanship; and 
   3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
2. Subject to 13.3, if:
   1. you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in 13.1;
   2. we are given a reasonable opportunity of examining such product; and
   3. you return such product to us at our cost,
   4. we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full. 
3. We will not be liable for a product’s failure to comply with the warranty in 13.1 if: 
   1. you make any further use of such product after giving a notice in accordance with 13.2(a);
   2. the defect arises because you failed to follow any instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
   3. you alter or repair the product without our written consent; or
   4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
4. Except as provided in this 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in 13.1.
5. These terms shall apply to any repaired or replacement products supplied by us under 13.2.

Price and payment

1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see 14.3 for what happens if we discover an error in the price of the product you order. 
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
4. When you must pay and how you must pay. We accept payment with [LIST OF CREDIT AND DEBIT CARDS]. When you must pay depends on what product you are buying:
   1. For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. 
   2. For digital content, you must pay for the products before you download them.
5. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

Our responsibility for loss or damage suffered by you if you are a consumer

1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at 11.1.
3. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in  15.

Our responsibility for loss or damage suffered by you if you are a business

1. Nothing in these terms shall limit or exclude our liability for:
   1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
   2. fraud or fraudulent misrepresentation;
   3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
   4. defective products under the Consumer Protection Act 1987; or
   5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
2. Except to the extent expressly stated in 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
3. Subject to 16.1:
   1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
   2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £100 and one hundred per cent (100%) of the total sums paid by you for products and/or digital content under such contract.

How we may use your personal information

How we will use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].

Other important terms

1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 
2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.