Terms and conditions

  1. "We" are Medichecks.com Ltd, a company registered in England and Wales under company number 06491221 and with our registered office at Mathon Court, West Malvern Road, Mathon, Malvern, Worcestershire WR13 5NZ.
  2. "You" are the customer who has accessed our website (com) or called our telephone number and intends to place or has placed an order for our Product(s), or has activated a test and created an Account as described in clause 1.4 below.
  3. These terms and conditions along with our Privacy Policy (together, the "Terms") apply throughout our website and during any telephone call or written correspondence between you and us. If there is any conflict between these Terms and any terms or conditions found elsewhere on our website, or in any written or verbal communication between you and us, these Terms shall prevail.
  4. You may purchase Products for yourself (and create a personal account “Account” at my.medichecks.com) or you may purchase certain Products for you and/or other people which require activation (“Activation”) by the person taking the test. Activation is the process by which a user registers their personal details in an Account and links it to a test using an activation code on the kit – this provides the laboratory with the correct details of the person whose sample is being tested. In activating a test a user will be required to confirm their agreement with these Terms.
  5. The person who is providing a sample for testing must be the account holder for that test or must have activated the kit and created an account in respect of that test.
  6. When creating an account or activating a kit you must provide us with certain personal information – including your full name, address, gender and date of birth. Name and date of birth are standard means of identifying biological samples at our partner laboratories.
  7. You must be at least 18 years old to purchase and/or activate a Product and to provide a sample for testing.
  8. You may only use Products within the United Kingdom. We will only send sample collection kits to addresses in the United Kingdom and our partner laboratories will only process samples that have been taken and posted in the UK.
  9. Test results and comments or interpretation provided by us in relation to those results are for the purposes of information only. They may provide a guide to help you understand your health but do not, and are not intended to, constitute a clinical diagnosis. This service is not a substitute for proper medical investigation and advice and we do not provide clinical or diagnostic services in relation to the tests. Our comments are based on information available to us at the time, and this information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from. If you have any concerns regarding your health or your test results you should discuss them directly with your GP or a doctor.
  10. Based on the results of your test(s) and/or other information that you have provided to us, we may recommend that you purchase a follow-up test or that you see your GP for further investigation or both. You agree that you are solely responsible for acting on such guidance and that Medichecks.com accepts no liability in the event you choose not to do so.
  11. For certain tests, you may opt for test results only, in which case our doctors will not provide any comment or interpretation to accompany your results. By choosing this service you agree that you will share any test results that are outside of the normal range with your GP or a qualified medical professional. You further agree that Medichecks.com shall not be liable in any way for your failure to do so.
  12. Contacting us
    1. If you wish to contact us for any reason, including cancelling a Contract (as defined in clause 4.2 below) or to make a complaint, you can contact us by telephoning our customer care team on 03450 600 600 or by e-mailing us at customer.care@medichecks.com.
    2. If you contact us by email please do so using the email address associated with your Medichecks account, and include your order confirmation number to help us identify you. If you contact us by telephone please have your order confirmation number to hand. We will ask you to verify your personal details in order to validate your identity and protect your data.
    3. If we need to contact you we will do so by e-mail, phone or occasionally by letter using the contact details you provide to us in your order. By providing us with your contact details you give us your consent to contact you about the service we provide and Products (as defined in clause 2.9 below) you have bought or enquired about. If necessary we may leave you a message. We do not send test results to you by email unless you expressly ask us to do so. On rare occasions we may need to contact you about your results if they indicate that you require urgent medical attention. It is important that your contact details are correct and it is your responsibility to ensure that they are kept up-to-date.

 

  1. OUR PRODUCT

 

  1. We provide an online service whereby you can order a medical test either online or by telephone. Each test has a page on our website that sets out whether;
    • A sample collection kit can be posted to you to take your sample at home
    • You must attend a clinic (or arrange for a nurse or phlebotomist to visit you at home) to have a sample taken by a phlebotomist
    • You must attend the lab directly to have your sample taken
  2. If your kit requires Activation, you should do this before collecting your sample. Failure to activate your kit may prevent the laboratory from analysing your sample, and a new sample may be required. In this instance you will be charged for a new sample collection kit and a lab administration charge in order to complete your test.
  3. If you have opted to take a finger prick sample at home, we will send you a sample collection kit in the post. This kit contains all the items you will need including step-by-step instructions to take your sample. Please follow these instructions carefully and only use the equipment provided in the kit to take your sample. We will not be liable to you for any injury you may suffer if you use equipment other than that provided by us.
  4. If you are going to attend one of our partner clinics to have a sample taken the sample collection kit will be sent to you in the post and it is your responsibility to take it with you to the clinic. Please do not open this kit and handle or remove the contents – it is to be used only by a trained phlebotomist. Some of our partner clinics hold sample collection kits on site – if you select one of these clinics we will advise you of this and will not send you a sample collection kit in the post.
  5. If you choose to have a phlebotomist visit you at home to take your sample, we will send you a sample collection kit in the post. Please do not open this kit and handle or remove the contents – it is to be used only by a trained phlebotomist. Please hand it to the phlebotomist at the start of your appointment. Our phlebotomist home visit service will also use nurses and qualified phlebotomists.
  6. You will then send your sample to a partner laboratory of Medichecks.com to process the test you have ordered. We will provide you with a prepaid return envelope to send your sample to the laboratory using a Royal Mail Tracked service. You should make a note of the number under the bar code on the label so that you can track your package. You should post your sample back to us using a Royal Mail Priority post box. This service is prioritised over the standard post, but does not guarantee a delivery time. For certain tests we may ask you to send your sample using a guaranteed next day delivery service and this will be at your own cost. Posting instructions are subject to change and you should follow the instructions on the email that we send to you when we process your order.
  7. The results of your test(s) and any accompanying interpretation by a doctor will be uploaded to your secure online mymedichecks.com account.
  8. We may contact you by telephone, SMS message or email regarding your sample and test results if necessary.
  9. Clauses 2.1 to 2.8 (inclusive) together make up the product that we are providing to you ("Product"). The Product will be deemed to be delivered to you once your test results have been made available as set out in clause 2.7.
  10. Some of the tests sold by Medichecks are specialist pathology tests. You agree that you are solely responsible for selecting tests and that any tests you do purchase from Medichecks are suitable for you and their intended purpose. If in doubt please talk to your doctor or a qualified medical professional.

 

  1. MEDICAL QUESTIONNAIRE AND HOW WE USE YOUR PERSONAL INFORMATION

 

  1. To enable us to effectively provide the Product you are given the opportunity to complete a short medical questionnaire in your Account. The medical questionnaire asks for information about your medical history, lifestyle, family health history and gender-specific details. You are also given the option to provide details of symptoms you may be suffering or other medical or lifestyle information you feel may be relevant to the test at the time you place an order or activate a test.
  2. It is not compulsory to provide this information but it may assist us to provide a more relevant interpretation of your test results.
  3. Except as set out below, any information that is collected from the medical questionnaire and/or the test results will be used solely in relation to the Products you have purchased from us. By placing an order you give us your consent to pass any and all relevant information about you on to our partner clinics and laboratories (which may be located in countries outside of the EU) and/or to our employees and agents for the purposes of preparing your sample and analysing and interpreting the results. We may use your information for our own business analysis, product development and marketing purposes and may pass information about you to third parties engaged by us under a duty of confidence to assist us in these tasks. We will not sell or pass on your personal information to third parties to enable them to contact you directly or market their products or services to you. Your information may also be used, on an anonymous basis, by us and third parties engaged by us for the purpose of scientific research or examining aggregate medical or clinical trial data. Your data may be shared with Public Health England (PHE) and/or your local health protection team in accordance with the Health Protection (Notification) Regulations 2010 if your test result detects a notifiable disease. These diseases include but are not limited to acute infectious hepatitis, COVID-19, measles, mumps, rubella, tuberculosis and whooping cough.
  4. None of your personal information will be passed on to your doctor or any other third party, other than for those reasons set out in clause 3.3.
  5. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

 

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

  1. Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the process.
  2. Payment must be received in full in cleared funds prior to us processing your order. Once payment is received, we will confirm our acceptance to you by sending you a confirmation email ("Acceptance Confirmation"). The contract between us will only be formed on the date we send you the Acceptance Confirmation (the "Contract").
  3. The test is valid for 120 days from the date that we process your order (the "Validity Period") - see clause 7 for further information about the dispatch of the kit. If you do not send a sample to the laboratory within the Validity Period your test will expire and you will not be entitled to a refund.
  4. If for any reason, we are unable to perform a test you have ordered, we will inform you by email or by phone and will not send an Acceptance Confirmation. If you have already paid for the test we will refund you the full amount within 10 working days. A working day is any day other than a Saturday, Sunday or public holiday in the UK ("Working Day").
  5. By purchasing or activating a test and sending a sample to one of our laboratories you are giving Medichecks.com and its partner laboratories your informed consent to perform the tests you have ordered.

 

  1. HOW TO PAY

 

  1. You may pay for Products using a debit or credit card. Please refer to our checkout page for a list of current payment options.

 

  1. PRICE OF PRODUCTS AND DELIVERY CHARGES

 

  1. The price of the Products is as quoted on our website at the time you submit your order.
  2. You will pay an additional charge if you purchase phlebotomy sample collection at a partner clinic or at home, or if you choose any of the optional extras (all of which are clearly priced) prior to completing your purchase.
  3. If you choose to return any samples to our laboratory via recorded or guaranteed next day delivery you will do so at your own cost.
  4. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
  5. The price of a Product includes VAT at the applicable current rate chargeable in the UK for the time being.

 

  1. DESPATCH AND DELIVERY

 

  1. After your payment has been processed and you have received an Acceptance Confirmation we will process your order within 2 working days. A working day is any day other than a Saturday, Sunday or public holiday in the UK ("Working Day"). When we process your order we will send you a sample collection kit (if required) by first class post. You should receive your kit within 2 (two) Working Days, although this delivery time is not guaranteed. Further delivery options (e.g. Tracked delivery) are available at an extra cost during the checkout process.
  2. When we process your order we will send you an email to confirm this, and this email will include important information about your test. It is your responsibility to ensure that you have read and understood this information before you proceed to take your sample.  Medichecks accepts no liability if you do not follow the instructions supplied in this email.
  3. If you decide to attend one of our partner clinics to have samples taken, or your test requires you to attend a partner clinic, the sample collection kit will be sent to you in the post and it is your responsibility to take it with you to the clinic. Please do not open this kit and handle or remove the contents – it is to be used only by a trained phlebotomist. Some of our partner clinics hold sample collection kits on site – if you select one of these clinics we will advise you of this and will not send you a sample collection kit in the post.
  4. Delivery of a sample collection kit shall be completed upon our first attempt to deliver it to the address you have provided and the sample collection kit and sample will be your responsibility from that time until it reaches our laboratory for analysis.
  5. If you lose or damage your sample collection kit, we will send you a replacement kit subject to payment by you of £6 including VAT to cover the cost of doing so.
  6. If your sample collection kit arrives in the post damaged, we will send you a replacement kit as soon as you notify us.

 

  1. SAMPLES AND TEST RESULTS

 

  1. Any sample you send (whether it is blood, tissue, bodily fluid, or other biological sample) to one of our laboratories for analysis will be analysed only in relation to the test or tests that you have ordered.
  2. Certain tests require you to fast for a minimum period prior to collecting a sample, refrain from consuming alcohol beforehand, take your sample at a certain time of day, or prepare in other specified ways. We will provide you with clear instructions if you order a test with special sample requirements and it is imperative that you follow these instructions carefully to ensure reliable test results. If you do not follow these instructions, Medichecks will not be responsible for any impact to your results.
  3. Samples for certain tests can be collected by you using the self-collection kit we send you. These tests are clearly marked on the website. Please follow the enclosed instructions carefully and return your sample using the pre-paid envelope provided on the same day it was taken.
  4. Some tests require a venous blood sample to be taken by a qualified phlebotomist. When ordering these tests, you will be given the option of arranging sample collection yourself at your own cost, attending one of our partner clinics to have a sample drawn or having a phlebotomist visit you at home to take a sample. There are also a limited number of tests that require you to visit the lab directly to have your sample taken (due to the sample sensitivity or stability for the specific test) If you choose to attend a partner clinic or have a home visit, a charge which is clearly displayed on the website will be added to your order. In each case, we will send you a collection kit for use by the phlebotomist to collect your sample. You are then responsible for sending the sample in the envelope provided to the laboratory on the same day it was collected. If this is not possible due to the late appointment time of a home visit, please keep your sample in a cool place overnight and post it the following day.  If you choose to make your own arrangements, you must ensure that the person using the kit is a qualified phlebotomist and Medichecks accepts no liability for the service you receive.
  5. Please ensure that you arrive for phlebotomy appointments in good time. If you do not attend pre-booked appointments, are late or cancel without reasonable notice you may be liable for cancellation charges and/or further costs to rebook your appointment.
  6. Home phlebotomy visits, once confirmed to you, cannot be cancelled without incurring a charge. They may be rearranged with sufficient notice - at least 48 hours before a visit is due to commence. Please ensure you are at home at the agreed time or you will be liable for cancellation charges and/or further costs to rebook your visit. The home phlebotomist service will contact you within 48 working hours of your order being processed and will aim to provide an appointment within 5 Working days. We cannot guarantee that we will always meet this timeframe. Due to phlebotomist availability within your area, accommodating your sample instructions (e.g. test must be taken in the morning), and meeting your availability it may only be possible to give you an appointment time which is beyond 5 Working days.
  7. You must send samples collected in accordance with clauses 8.3 and 8.4 above to the laboratory using the pre-paid envelope provided on the day the sample was taken (or the following day in the case of a home visit which is late in the day) to ensure that it arrives at the laboratory the following day. Failure to do so may lead to deterioration of your sample which could affect the accuracy of your test results. We do not accept responsibility for results that are compromised due to delays in returning samples or where samples are lost in the post. If you are concerned that your usual postal service will not result in next day delivery, we recommend that you return your sample using a guaranteed next-day service. This will be at your cost.
  8. Please let us know that you have sent your sample to the laboratory by logging on to your online account and confirming when your sample was taken. We will assume that you have followed the instructions in 8.7 when posting your sample. This enables us to track your order and ensure timely delivery of results.
  9. Occasionally the laboratories are unable to test samples sent to them. This may be because the amount collected is insufficient for full analysis, the sample has deteriorated or clotted or because it has haemolysed (where red blood cells damaged during sample collection leak their contents into the surrounding plasma). If the laboratory cannot test your sample, we will send a second sample collection kit to you free-of-charge for you to repeat the test. If you made your own arrangements to have a venous sample collected by a medical professional, you will be responsible for making these arrangements yourself again, and for any costs incurred as a result. You may upgrade and arrange to visit one of Medichecks’ partner clinics to have your blood sample collected, for an additional cost. If a second submitted sample cannot be tested, we will give you the option to visit a clinic to have blood drawn by a medical professional  (for which you will pay an extra charge) or to cancel the order and request a full refund. We will issue you with a gift card or refund to your original payment method. If your whole test fails we will give you a gift card or refund for the amount paid for the test. If part of your test fails we will give you a gift card or refund with a monetary value relevant to the markers that failed and the price that you paid for these. Gift cards will have a 12 month validity period and can be used against any purchases that you make from Medichecks. Gift cards can only be used on orders placed online. Gift cards cannot be exchanged for money. 

The retest process above does not apply to the Advanced Thyroid Function Blood Test when the finger-prick sample collection method is used and the failure relates only to folate (i.e. all other markers in the test are reported normally). Please refer to the test product page for details on the refund process should this happen. By ordering a finger-prick kit for this test you agree that a refund will be your only remedy in the event that you do not receive a result for folate only.

  1. Due to special sample collection requirements, a small number of our tests require you to visit the relevant laboratory in order to have your sample taken. These are clearly noted on our website and we will provide you with instructions on what to do when you have placed your order. Generally, the laboratory provides a drop-in service (no appointment required) and you will not need to take a sample collection kit with you.
  2. Every test on our website has a corresponding turnaround time which is an estimate of the time it will take for your sample, once received by the laboratory, to be tested and the test results made available to you online on mymedichecks.com ("Turnaround Time"). It is an estimate only and is stated in Working Days. It is not binding on us and we do not guarantee that test results will be available in the published Turnaround Time. If you purchase multiple tests in one order we may, in certain circumstances, make results available to you only when the results of all tests have been received from the laboratory. The longest Turnaround Time for all of the tests ordered will apply in this case.
  3. For some tests, pre-written comments from a doctor may be automatically applied to your result. The comment will be generated according to clear evidence-based rules which have been established and approved by our Chief Medical Officer. Our CMO is a practicing GP in the UK.

 9. CANCELLATIONS AND REFUNDS

  1. Your legal right to cancel a Contract starts from the date you place your order and receive an online acceptance of the order. You have up to 30 days from the date you receive the confirmation email to cancel your Contract in relation to any testing kit that has been despatched.
  2. You have up to 30 days to cancel your order from the date of order. If you cancel your order within the cancellation period before your testing kit has been despatched, you are entitled to a full refund. However, if you cancel your order within the cancellation period after your testing kit has been despatched, you will incur a charge of £6 including VAT. This charge covers the cost of the kit, which we are unable to re-use, and will be deducted from your refund.
  3. This cancellation right does not apply if:
    1. You have already had a sample taken at a clinic, laboratory, or at home, as arranged by us.
    2. You have failed to attend a confirmed appointment for phlebotomy arranged in connection with your test.
    3. You have already sent your sample to the laboratory for analysis.
    4. The 30-day cancellation period has expired.
  4. To cancel a Contract, please send us an email stating that you wish to cancel and the reason for the cancellation. Please email your cancellation request to customer.care@medichecks.com. Alternatively, you may call our customer service team on 03450 600 600 to arrange the cancellation. Your reason for cancellation will not affect your right to cancel the order.
  5. If you send us your cancellation request by email, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you send your email before midnight on the last day of the cancellation period.
  6. If you cancel your Contract within the cancellation period and you are entitled to a refund, we will refund you the price you paid for the Product(s), less any applicable charges, within 10 Working Days. Additional postage purchased is non-refundable.
  7. We will refund you to the payment method used by you to pay. We may offer you a gift card as an alternative. Gift card terms and conditions apply.
  8. For our nurse home visits, the following cancellation charges apply:
    1. If you cancel or rearrange with more than 48 hours’ notice, there is no charge.
    2. If you cancel or rearrange with less than 48 hours’ notice, there will be a £30 charge.
    3. If you cancel or rearrange on the day of your appointment or do not attend your appointment, there will be a £55 charge.
  1. Please note that our 30-day cancellation period does not apply to our Male Fertility — Testosterone and Semen Analysis Tet. This test is offered via a partnership with Nanovare SAS T/A Mojo Fertility and is subject to a 14-day refund policy. Please note, fees will apply for additional courier collections. For more information, please read Nanovare SAS T/A Mojo Fertility’s full terms and conditions: https://mymojo.ai/policies/terms-of-service

Gift Cards

 

  1. Medichecks gift cards can only be used on Medichecks.com and cannot be used with telephone orders.
  2. All Medichecks gift cards expire 12 months from the date of purchase.
  3. When using a gift card on the website, the total order value will be debited and any remaining value will be left on the gift card. If the order value is greater than the balance on the gift card, the remaining amount must be paid for by another form of payment which can also be another gift card. There is no limit to the number of gift cards that can be used on an order.
  4. After purchasing a gift card you will receive an email containing your gift card code. The gift card code can be used until the value of the gift card reaches £0. This code can be used by the recipient of the email or it can be forwarded on to someone else for them to use.
  5. Only the gift card code is required to make a purchase on Medichecks.com, it is not associated to any specific account.
  6. If a refund is requested for an order that was paid with a gift card, the same amount taken from the gift card will be refunded back to the same gift card and any remaining balance will be refunded back to the original source of payment.
  7. Gift cards and e-gift cards cannot be exchanged for cash. We do not give change or refunds on gift cards or e-gift cards.

 

Promotions and discounts

 

  1. We reserve the right to change our promotional offers and discount vouchers at any point.
  2. Full Terms and Conditions for specific promotions can be viewed on our site here https://medichecks.com/pages/promotional-terms-conditions

 

  1. OUR LIABILITY
  2. The Products you purchase from us are for private use only and you agree not to use the Products for any commercial purpose. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.
  3. Subject to clause 10.5, our total liability to you resulting from a Contract is limited to the total value of that Contract - meaning the price you paid for the Products and any additional services. In particular, we are not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:
    1. the sample you send being lost, delayed or damaged in transit or via post from you to the laboratory;
    2. the laboratory being unable to test your sample for any reason;
    3. any injury, damage or loss you may suffer when using finger-prick lancets unless the lancet is shown to be defective;
    4. any injury, damage or loss you may suffer when opening (or handling or using the components contained in) a sample collection kit which you have been informed is to be used only by a qualified phlebotomist;
    5. any injury, damage or loss you may suffer as a result of your sample being collected by someone whom we have not referred you to (i.e. someone who is not a qualified phlebotomist working in a partner clinic or a nurse or phlebotomist working for our home phlebotomy provider) or as a result of using equipment or sample collection components that we have not sent to you;
    6. test results not being made available to you within the turnaround time stated for any Product;
    7. your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting;
    8. your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;
    9. your failure to show out-of-range test results to your GP or doctor if you opt to receive express results without them being reviewed by our medical staff;
    10. your failure to send a sample to the laboratory for testing within the Validity Period outlined in clause 4.3;
    11. your failure to attend a pre-booked phlebotomy appointment or home visit or your failure to take your sample collection kit with you to an appointment;
    12. loss or damage that is not foreseeable;
    13. Events Outside Our Control as described in clause 11.
  4. If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
  5. It is your responsibility to ensure that the relevant sample has been collected and sent to our laboratory within the Validity Period.
  6. We do not in any way exclude or limit our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;
    3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) as amended by the Consumer Rights Act 2015;
    4. any breach of the terms implied by section 9 to 11 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); and
    5. defective products under the Consumer Protection Act 1987.

 

  1. EVENTS OUTSIDE OUR CONTROL

 

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (an "Event Outside Our Control").
  2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
    1. we will contact you as soon as reasonably possible to notify you, and
    2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of testing kits to you, we will arrange a new delivery date with you once the Event Outside Our Control is over.
  3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the Contract.

 

  1. OUR RIGHT TO VARY THESE TERMS

 

  1. We may amend the Terms from time to time.
  2. Every time you order Products from us, the Terms in force at the time of placing your order will apply to the Contract between you and us.
  3. If we have to revise the Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and what orders will be affected. We will let you know how to cancel the Contract if you are not happy with the changes and you may cancel in respect of any testing kit received (so long as it has not been opened, used or damaged) or just the testing kit you are yet to receive, or both (if applicable).
  4. If you opt to cancel the Contract we will arrange a full refund of the price you have paid once you have notified us.

 

  1. OTHER IMPORTANT TERMS

 

  1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Terms.
  2. This Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  3. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  4. If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  5. Please note that the Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.