Terms
and Conditions
Please read these terms and conditions carefully, they
contain important information about your rights and obligations
The information provided on this Site is intended for use by customers
looking to purchase the Service in the United Kingdom and therefore
is not applicable to World Wide Web Users logging on from other jurisdictions
outside of the United Kingdom.
Definitions
The "Company" shall mean Complement Genomics Ltd, a company
registered in England and Wales with company number 3929876 and having
its registered office at
The Cube, Barrack road, Newcastle-upon-Tyne NE4 6DB, UK. DesigNA™
is a trading name of Complement Genomics Ltd.
"Conditions" means these conditions of sale.
The "Contract" shall mean any legally binding contract for
the supply of the Services by the Company to you.
The "Kits" means sampling kits sent to you on receipt of your
order
The "Project" shall mean any written report, certificate,
DNA profile or genetic information in the form of a gift, work of art
or otherwise provided by the Company to you in respect of the Service.
The "Request Form" shall mean any pro forma service order
form relating to the Service and as provided by the Company via its
website at http://www.designa.uk.com.
The "Service" shall mean DNA preparation, DNA profiling including
without limitation related services including the results thereof specifically
for the provision of a DesigNAgift™.
The "Site" means www.designagifts.co.uk.
"You" shall mean the person ordering the Service subject to
these terms and conditions.
Conditions of Sale
These Conditions shall apply to all Contracts to the exclusion of all
other terms and conditions including any terms and conditions which
you may purport to apply under any purchase order confirmation or Request
Form or similar document.
If you order the Service from the Site by filling in the order form
and clicking the "Submit" button you shall be legally bound
to have made an offer to purchase the Service pursuant to these Conditions.
All sales made by the Company are made on these Conditions. No variation
of these Conditions will be binding on the Company unless confirmed
in writing by a director of the Company. The Company may from time to
time alter these Conditions at its discretion. Any changes will be posted
on the Site. Your use of the Site following any such change constitutes
your agreement to follow and be bound by the terms as changed.
You are responsible for deciding on the suitability of the Service offered
for any particular purpose and for the consequences arising.
The subject matter of the Contract shall remain confidential and shall
not be disclosed nor used for any unauthorised purpose. Subject to the
provisions of the Data Protection Act 1998, the existence of the Contract
may be divulged by the Company for bona fide marketing purposes unless
otherwise agreed with you. The Company will not disclose to third parties
other than as required by a court of law or other competent authority
any proprietary data and other information concerning the samples to
be processed or results obtained under the Service without the prior
written consent of you.
These terms and conditions do not affect your statutory rights as a
consumer.
Prices, Payment & Delivery
The charges payable by you to the Company for the Service are those
set out in the current relevant price list(s) supplied by the Company
to you as published on the Site or as quoted in writing by the Company
to you where a quotation is given to you in writing by the Company,
the quotation will be the price payable. All prices are exclusive of
VAT which is payable in addition at the current rate in force from time
to time.
The Company reserves the right to vary the prices for the Service between
the date of the Contract and the performance of the Service in the event
of and to the extent of any increase in the cost of labour or materials
or any delay howsoever caused. The Company shall notify you of any changes
to the advertised price and you will have a right to proceed with or
cancel the order within seven days of the notification.
The Company must receive payment of the whole of the price for the Service
before your order can be accepted. Once payment has been received by
the Company it will confirm that your order has been accepted by sending
you a 'Transaction Summary' which will include your case reference number,
details of the Service and your cancellation rights. The Company's acceptance
of your order brings into existence a legally binding contract between
you and the Company. The Company reserves the right not to supply you
at its discretion. A kit relevant to your case will be prepared and
sent to the address designated by you. If the Kits are damaged on delivery
the Company will replace or exchange any such Kits; or refund you for
the price paid.
You undertake that all details you provide the Company for the purpose
of purchasing the Service are correct, that the credit or debit card,
which you use is your own and that there are sufficient funds or credit
facilities to cover the cost of the Service. We reserve the right to
obtain validation of your credit or debit card details before providing
you with the Service.
The Company will deliver the Project to you by TNT to the address you
give us for delivery at the time you make the order. All delivery dates
and times are approximate only and are given in good faith by the Company
and whilst every effort will be made to comply with your requests and
stated delivery dates, the Company cannot be held responsible or deemed
to have broken a Contract if delivery is late due to unforeseen circumstances
beyond the Company's control. Time for delivery shall not be of the
essence of the Contract unless previously agreed by the Company in writing.
TNT standard delivery times are as follows: Next day delivery for the
UK, 2-3 days for the European Union, 2-6 days for the Rest of Europe,
5-6 days for the USA and 5-14 days for the Rest of World. Delivery times
are subject to customs clearance.
Any duties or taxes, including without limitation value added taxes,
payable on purchase of DesigNAgifts products are the sole responsibilty
of the purchaser. If the purchaser refuses to pay the duties/tax it
is then the responsibility of the purchaser to pay all shipping costs
for the return of the item(s).
All purchases of DesigNAgifts do not include costs associated with packaging,
postage and/or transportation to the designated delivery address.
Cancellation / Termination &
Charges Arising
You have seven working days (excluding Saturday and Sunday and UK Bank
Holidays) from the date on which the Company accepts your order pursuant
to clause 3c), to cancel the Contract without cause or penalty, upon
serving a written notice of cancellation upon the Company
If you cancel the Contract under this provision the purchase price will
be returned to you as soon as practicably possible, and in any event
within 30 days of the Company's receipt of your notice of cancellation.
On cancellation for whatever reason you must return the Kit the Company
has delivered to you in the pre-paid envelope provided within 14 days
of cancellation. You must keep the Kit in your possession prior to its
return to the Company and in good condition and with the box seal unbroken.
The Company reserves the right to cancel the Contract if the Services
were listed at an incorrect price due to a typographical error.
Project Management
The Company may specify the length of time over which the Service will
be performed and the date of delivery of the Project and may divide
the Service into separate parts or stages to run consecutively or concurrently
as the Company shall in its absolute discretion decide.
The Company may at its discretion release to you interim results (with
access to the Company website or otherwise) or an interim Project prior
to provision of the final Project. Unless expressly agreed in writing,
the Contract shall be non severable irrespective of the number of stages
or parts into which it is divided by the Company.
Any dates quoted by the Company to you for the provision of the Services
are approximate and do not have any contractual effect, and shall not
be treated as being of the essence of the Contract.
The Company will not be liable to you for any loss or damage direct
or indirect, caused or occasioned by any delay howsoever arising from
the performance of the Service.
The Company shall be entitled to destroy all samples received from you
or derived from these samples twelve months from the date of transmission
of the Project unless otherwise agreed in writing between the Company
and you for which an additional sample storage charge will be payable,
which shall be £120.00 per annum (excluding VAT) per sample or
monthly pro rata. Samples may be stored by a third party by your request
after the date of transmission of the Project .
The DNA derived from the provided sample or any data derived therefrom
will not be released to any third party other than in accordance with
the Data Protection Act 1998. The Company will retain the DNA sample
for three months
The Company will use reasonable endeavours to ensure that the DNA profile
on the sample provided to us by you is correct but subject to a margin
of error of 0.1%. No further representation, warranty or undertaking
is given or made in relation to the result of analysis. This does not
affect your statutory rights as a consumer.
The information contained in the analysis is solely for your use.
In the unlikely event that the Service is found to be in error, the
Company shall perform a further analysis for you free of charge or return
your payment at our sole discretion.
The Company shall not be liable for any loss or damage suffered by you
or any other person as a result of the provision to you of a DesigNAgift™.
The Company makes no representation, express or implied, that the information
provided in the DesigNAgift™ is fit for any particular purpose.
You warrant that you are legally entitled to possession of the samples
you have provided to the Company. You agree to indemnify the Company
against all costs, claims, expenses and any loss or damage that the
Company may suffer as a result of you providing the Company with samples
which have not been legally obtained. The Company strongly advises that
you should obtain independent legal advice about your legal entitlement
to take or obtain samples of biological material from persons other
than yourself. You warrant that you are not a person suffering from
mental disorder (within the meaning of the Mental Health Act 1983) and
are therefore incapable of understanding the nature and purpose of the
test. The Company makes no representation that you are legally entitled
to perform any particular act in order to obtain biological samples
for analysis.
Warranty of Performance
The Company shall exercise all reasonable skill and care in the performance
of the Service but does not represent, guarantee or warrant that any
particular result (whether expressly specified by you or not) will be
achieved or reproduced. Except in the case of death or personal injury
the Company's total liability to you whether for negligence, breach
of contract or otherwise shall in no circumstances exceed the charges
payable by you for the Service.
The Company shall not be liable for any failure in the performance of
its obligation under the Contract caused by factors or circumstances
outside of its control including but not limited to any act of God,
war, strike, lockout, industrial action, breakdown of systems or network
access, flood, drought, storm or other event beyond the Company's control.
Privacy
You acknowledge and agree to be bound by the terms of our privacy policy
to be found at www.designagifts.co.uk where you can enter the privacy
policy page.
Links to other web sites
The Company is not responsible for the availability, content or accuracy
of any pages or other sites linked to this website. The inclusion of
any link to such sites does not imply endorsement by the Company of
these sites. If you linking to any other page or site you do so at your
own risk. You agree that the Company will not be liable for any loss
or damages you or any third party may suffer in connection with third
party pages or sites.
General Disclaimer
The Company is providing this site on an 'as is' basis and makes no
representations or warranties of any kind with respect to this site
or its contents and disclaims all such representations or warranties
to the fullest extent permitted by law. In addition, the Company, makes
no representations or warranties about the accuracy, completeness, or
suitability for any purpose of the information and related graphics
published on the Site. The information contained in this site may contain
technical inaccuracies or typographical errors. All liability of the
Company howsoever arising for any such inaccuracies or errors is expressly
excluded to the fullest extent permitted by law.
Neither the Company nor any of its directors, employees or other representatives
will be liable for loss or damage arising out of or in connection with
the use of the Site. This is a comprehensive limitation of liability
that applies to all damages of any kind, including (without limitation)
compensatory, direct, indirect or consequential damages, loss of data,
income or profit, loss of or damage to property and claims of third
parties.
Notwithstanding the foregoing, none of the exclusions and limitations
in the clause are intended to limit any rights you may have as a consumer
under local law (see clause 6) or other statutory rights which may not
be excluded nor in any way to exclude or limit the Company's liability
to you for death or personal injury resulting from our negligence or
that of our employees or agents.
Copyright and Monitoring
The contents of the Site are protected by international copyright laws
and other intellectual property rights. The Company owns these rights
unless otherwise indicated. All product and company names and logos
mentioned in the Site are the trademarks, service marks or trading names
of their respective owners, including the Company. You may download
material from the Site for the sole purpose of placing an order with
the Company and you may download, save and print a copy of the Conditions.
However, you may not modify, copy, reproduce, republish, upload, post,
transmit or distribute, by any means or in any manner, any material
or information on or downloaded from the Company's web site including
but not limited to text, graphics, code and/or software without the
Company's prior written consent, except where expressly invited to do
so, for example in order to complete any test or questionnaire.
Invalidity
If any part of these Conditions is unenforceable (including any provision
in which the Company excludes its liability to you) the enforceability
of any other part of these Conditions will not be affected.
Third Party Rights
Except for the Company's affiliates directors employees or representatives,
a person who is not a party to this Contract has no right under the
UK Contracts (Rights of Third Parties) Act 1999 to enforce any term
of this Contract but this does not affect any right or remedy of a third
party that exists or is available from that Act.
General
The Contract is made between the Company and you and shall not be assignable
by you. The Company may sub-contract the performance of the Contract
in whole or in part.
These Conditions together with the privacy policy, any order form and
payment method instructions, if any, are the whole agreement between
you and the Company. You acknowledge that you have not entered into
this Contract in reliance upon any warranty or representation made by
the Company or any other person and you waive any rights to damages/recission
you may have for misrepresentation (other than a fraudulent misrepresentation)
that is not contained in the Conditions, privacy policy, order form
and payment method instructions.
You shall indemnify the Company (and keep it indemnified) against all
claims, losses, costs and expenses (including legal expenses on an indemnity
basis) howsoever arising in respect of any claims made by third parties
against the Company arising out of the provision of the Service.
All notices shall be given to the Company via email at sales@designa.uk.com
or by post to Complement Genomics Ltd. 128 Biosciences Centre, Business
and Innovation Centre, Wearfield, Sunderland SR5 2TA, UK. to you at
either the email or postal address you provide during the ordering process.
Notice will be deemed received when an email is received in full (or
else on the next business day if it is received on a weekend or a public
holiday in the place of receipt) or 3 days after the date of posting.
Clause headings are for information purposes only and do not affect
the interpretation of or form part of these Conditions.
This Contract, its construction and all and any disputes or litigation
arising therefrom shall be governed by English Law and subject to the
exclusive Jurisdiction of the English Courts.
Issued by the board of Complement Genomics Ltd 28th January 2004. ©Complement
Genomics Ltd, 28th January 2004.
