Terms & Conditions for the Supply of Services

  1. These terms
    1. What these terms cover. These are the terms and conditions on which we supply services 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 services 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 or require any changes, please contact us to discuss.
  2. Information about us and how to contact us
    1. Who we are. We are Crescent Ops Ltd ("we"). We are registered in England and Wales under company number 09382373 and have our registered office at 64 New Cavendish Street, London, United Kingdom W1G 8TB. Our VAT number is 210 8505 46.
    2. How to contact us. You can contact us by telephoning our customer service team at 0344 243 6661 or by writing to us at customerservices@osentia.co.uk.
    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.
  3. Our contract 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 services. This might be 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 service 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 services in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
  4. Our rights to make changes
    1. Minor changes to the services. We may change the services:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements. These changes will not affect the quality or content of the service we provide.
    2. More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make the following changes to these terms or the services, 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 services paid for but not received.
  5. Providing the services
    1. Delivery costs. The costs of delivery will be as displayed to you on our website.
    2. When we will provide the services. During the order process we will let you know when we will provide the services to you. The estimated completion date for the services is as told to you during the order process.
    3. We are not responsible for delays outside our control. If our supply of the services 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 services you have paid for but not received.
    4. Providing us with information and a sample. We need certain information and a sample from you as stated in the description of the services on our website. We will send you a sample pack for you to send us this information and sample. The sample pack contains a plastic bag in which to send the sample, a test order form and a prepaid return envelope to send the form and sample to us. It is essential that you follow the instructions about the sample carefully. We do not check that samples comply with the instructions when we receive them. If the sample does not comply with the instructions your screening test result may be inaccurate but you will not be entitled to any refund of the price you have paid.
    5. Delay in sending us the sample. If you do not give us this information and sample within a reasonable time of us asking for it, we may end the contract and clause 8.2 will apply. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information and sample we need within a reasonable time of us asking for it.
    6. What happens if there is a problem with the sample pack? If there is a problem with the sample pack we supply, please notify us at customerservices@osentia.co.uk.
    7. Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
      1. deal with technical problems or make minor technical changes;
      2. update the services to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the services requested by you or notified by us to you (see clause 4).
    8. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for the services if we suspend them, or tell you we are going to suspend them, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
  6. Your screening test result - please read this section carefully
    1. Our screening service is not intended to replace medical advice. The results can only be used as an outcome of the screening and not as a diagnosis or the basis of any treatment or medication. You must consult your doctor and another appropriate medical professional for any diagnosis, treatment or medication.
    2. We make every effort to ensure the accuracy of your screening test results. In any laboratory test there will always be a small amount of variability. Our methods and reporting criteria are designed to accommodate these levels of variability but it is possible that tests undertaken at different times may vary. The results will be in the same range of results, but may not be exactly identical. Accordingly we cannot guarantee the exact accuracy of your test results but they will be expressed to be in the correct range of results.
  7. 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 and when you decide to end the contract:
      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 9;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
      3. If you have just changed your mind about the services, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
    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 6.2.1 to 6.2.5 below the contract will end immediately and we will refund you in full for any services 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 services or these terms which you do not agree to (see clause 4.2);
      2. we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the services may be significantly delayed because of events outside our control;
      4. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four 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 (Consumer Contracts Regulations 2013). 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 you don't have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running;
    5. How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
    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 do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
  8. How to end the contract with us (including if you have changed your 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 03442436661 or email us at customerservices@osentia.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    2. How we will refund you. We will refund you the price you paid for the services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
      1. The maximum refund for delivery costs will be the costs of delivery, if any, by the least expensive delivery method we offer. For example, if we offer delivery of services within 3-5 days at one cost but you choose to have the services delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. For the avoidance of doubt, where no delivery costs have been charged there will be no refund due to you under this clause.
      2. We may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind your refund will be made within 14 days of your telling us you have changed your mind
  9. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract for the services at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with the sample and information requested in the sample pack that is necessary for us to provide the services.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services 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.
  10. If there is a problem with the services
    1. How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 03442436661 or write to us at customerservices@osentia.co.uk.
    2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

      Summary of your key legal rights

      This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

      The Consumer Rights Act 2015 says:

      • you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
      • if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

      See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

  11. Price and payment
    1. Where to find the price for the services. The price of the services (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 services advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the services 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 services, we will adjust the rate of VAT that you pay, unless you have already paid for the services 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 best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price for the services at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price for the services 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.
    4. When you must pay and how you must pay. We accept payment with Visa, Mastercard, American Express and Maestro credit and debit cards. You must make an advance payment of 100% of the price of the services, on ordering them on our website.
    5. 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 and we will not charge you interest until we have resolved the issue.
  12. Our responsibility for loss or damage suffered by you
    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 services as summarised at clause 9.2 and for defective services under the Consumer Protection Act 1987
    3. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  13. How we may use your personal information
    1. How we will use your personal information. We will use the personal information you provide to us:
      1. to supply the services to you;
      2. in accordance with our Privacy Policy
  14. 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 (except someone you pass your guarantee on to). 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.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.