Self–Swab Covid-19 Home PCR Test Terms & Conditions

1. Terms of Sale

1.1 In these Terms, we outline the supply of a Covid-19 PCR Home Test Kit. These Terms explain the Covid-19 PCR Home Test Kit provision and other important order information. Please read these Terms carefully before you submit your order.

1.2 Please find below definitions of important words/phrases:

Covid-19 Home PCR Test: The purchase by the customer of a Covid-19 PCR Test kit on this website, and the performing a nasopharyngeal self swab, by the customer, using the Test Kit. The extraction of coronavirus RNA and real-time polymerase chain reaction analysis of the RNA to detect active infection of Covid19 and next generation sequencing to identify the SARS-CoV-2 variant. Upon purchase of the Covid-19 Home PCR Test the following will be provided to the customer:

  • A booking reference number, will be sent by email upon booking.
  • A confirmation email containing information on the process of how and when to perform the Covid-19 PCR Test
  • A Covid-19 PCR Test Kit, which shall be sent to the delivery address the customer entered at the checkout process. Dispatch times will vary according to the specific product purchase as follows: If a customer purchases either Day 2 PCR test or a Day 2 and 8 PCR Test Package or a Day 5 Test to Release, then the test kits will be dispatched on the arrival date, which the customer entered at the checkout process. If a customer purchases a Fit to Fly test kit, then the test kit will be dispatched the next working day.

Covid-19 PCR Test: The extraction of coronavirus RNA and real-time polymerase chain reaction analysis of the RNA to detect active infection of Covid19 and next generation sequencing to identify the SARS-CoV-2 variant.

Test Kit: The kit posted to your delivery address when purchasing a Covid-19 Home PCR Test, to include:

  • A sterile swab.
  • A COVID tube containing coronavirus inactivation medium.
  • User Instructions.
  • Return addressed Royal Mail Tracked 24 postage label.
  • UN3373 packaging

Laboratory: The laboratory that will perform the extraction of coronavirus RNA and real-time polymerase chain reaction analysis of the RNA to detect active infection of Covid19 and next generation sequencing to identify the SARS-CoV-2 variant. The laboratory for will be A1 Labs.

PCR Swab Test Result: The result produced by the Covid-19 Home PCR Test which will be either positive, negative, or invalid (sometimes also termed as inconclusive).

Fee: The fee due for the Covid-19 Home PCR Test

Sample: The single swab of the throat and then nose into one pot of coronavirus inactivation viral transport medium.

User Instructions: The guidance on how to collect the Sample.

Working Day: Any day other than a Saturday, Sunday, or public holiday in England.

We/Us: The Montague Clinic is a trading name of KNR Group Ltd.

You/The User: The customer who purchases the Covid-19 Home PCR Test and completes and submits the order form under these Terms.

1.3 Words in the singular include the plural, and in the plural include the singular. Headings shall not affect the interpretation of these Terms.

2. Consent

2.1 You confirm that you are booking the Covid-19 Home PCR Test for yourself. You consent to taking your own nasopharyngeal swab and confirm that you are willing and able to do so. You understand that the Covid-19 Home PCR Test is to be used for screening purposes only as a convenient and confidential way of getting tested quickly for COVID-19 infection and detection and identification of the SARS-CoV-2 variant. The Covid-19 Home PCR Test Results are not intended to replace medical advice, nor should they be used as a full diagnosis, or to prescribe medication without consulting an appropriate medical professional. You confirm that you have read and understood the purpose for which the Sample and Covid-19 Home PCR Test collected will be used under these Terms.

2.2 You fully consent that if you have a positive Covid-19 Home PCR Test result, your personal details, which may include your name, date of birth, gender, home address, telephone number, NHS number, occupation, place of work, ethnicity and the fact that you have tested positive for COVID-19 being communicated as a notifiable disease to the local health protection team by the Laboratory performing the Covid-19 Home PCR Test for you pursuant to the Health Protection (Notification) Regulations 2010. You understand that we will be unable to erase your Covid-19 Home PCR Test Results, which are required as evidence of clinical practice.

2.3 In addition to the provisions of clause 2.2 above, you understand and agree that your personal data is processed in accordance with our Privacy Policy, available at https://montagueclinic.com/clinic-privacy-policy/

2.4 You fully consent to the Laboratory using your test results on a completely anonymised basis for the purpose of research, analysis, internal quality control and as evidence of clinical practice.

2.5 Submission of your online order and payment will be acknowledged via email to you with an order number and confirmation of your appointment date and time.

3. Ordering the Covid-19 Home PCR Test

    3.1 These Terms govern the provision of the Covid-19 Home PCR Test to the exclusion of all other terms and conditions, including terms implied by law, custom or practice to the maximum extent permitted by law. If you wish to book an Covid-19 Home PCR Test, you must agree to these Terms and make payment of the Fee due. The Fee is exclusive of VAT. If there is a change in the law and you are required to pay any VAT we shall notify you accordingly.

    3.2 If you wish to book more than one Covid-19 Home PCR Test for different people, then you must ensure that each person agrees to these Terms of Sale and Consent. You must be at least 18 years old to book an Covid-19 Home PCR Test. If you wish to book an Covid-19 Home PCR Test for use by a person under the age of 18 years old, then a parent or guardian of the person under the age 18 years old must complete the order form and this Terms of Sale and Consent accordingly.

    4. Refunds and Cancellations

      4.1 The Covid-19 Home PCR Test is a service provided by a health care professional and accordingly you have no statutory right to cancel your order.

      4.2 If you have purchased Covid-19 Home PCR Test a Day 2 Test or a Day 2 and 8 Test, then you will be provided with a booking reference number upon purchase. This number will be provided on the purchase confirmation page and in a confirmation email, which will be sent upon purchase. Once you have received a booking reference number, you have no statutory right to cancel your order.

      4.3 Covid-19 Home PCR Test cannot be transferred for use by another individuals.

      4.4 Each Covid-19 Home PCR Test is identified by a unique barcode number and is further allocated on booking with a unique passenger locator code number due to government requirements for passenger locator forms. The kit is therefore exempt from refunds as per Article 28(3)(b).

      4.5 Depending on the expiry date of the Covid-19 Home PCR Test, they may deteriorate or expire rapidly and therefore they are exempt from returns under Article 28(1)(c) of the 2013 Regs

      4.6 We may cancel an order for the Covid-19 Home PCR Test and refund you the Fee paid if we have insufficient stock, or we do not deliver to the delivery address you have provided to us.

      4.7 If the Covid-19 Home PCR Test Kit is incomplete or damaged on transit to the laboratory, will contact you as soon as possible and we will either offer you a replacement Covid-19 Home PCR Test Kit or refund the Fee paid.

      4.8 We cannot guarantee that any third party, including any governmental healthcare program, will pay the Fee for the Covid-19 Home PCR Test on your behalf or refund you for the Fee paid.

      4.9 These options are discretionary, and we reserve the right to refuse requests and to fulfil your order as per the information provided when purchasing.

      5. Taking a Covid-19 Home PCR Test Day 2 Test & Day 8 Test & sending the Covid-19 Home PCR Test to the lab

        5.1 We are required to comply with the UK Government rules on the provision of the Covid-19 Home PCR Test Kit. In accordance with UK Government rules, the earliest you may take your Covid-19 Home PCR Test for your Day 2 test is the date you arrive in the UK (this will be referred to as Day 0). The latest you may take your Covid-19 Home PCR Test for your Day 2 test Day 2. If you have booked a day 2 and day 8 Covid-19 Home PCR Test, your Day 8 Test Kit will be posted with your Day 2 Test Kit and the Day 8 test. Test kits can be returned to the lab and posted in a Royal Mail priority post box; a Royal Mail Tracked 24 shipping label and a UN3373 return bag is provided with the test kit.

        It is the customer’s responsibility to return the Day 2 and Day 8 test kit to the Laboratory. However, you acknowledge and agree that Royal Mail 24-hour delivery does not guarantee that the Day 2 and Day 8 Test Kit will be delivered to the Laboratory within 24 hours of dispatch, and accordingly, we cannot make that promise to you. We will have no liability if you receive the Day 2 Test result or the Day 8 Test result after the date you expect and/or require, including for the avoidance of doubt, any liability to refund you for the Fee paid.

        5.2 All test purchases are offered in line with the UK Government rules for Day 2 and Day 8 testing for UK arrivals. Accordingly, you agree to purchase your Covid-19 Home PCR Test no earlier than the date of your arrival in the UK – this date will be considered Day 0 – and no later than Day 2. We are required to comply with the UK Government’s rules on the reporting of Day 2 and Day 8 testing for UK arrivals, therefore you agree to declare the date of your arrival in the UK accurately. We will have no liability if you book your appointment outside of these dates, including for the avoidance of doubt, any liability to refund you for the Fee paid.

        6. Taking the Sample

          6.1 You agree to take the Sample as set out in the User Instructions. The individual who signs the Terms of Sale and Consent and is identified as the customer must be the individual who provides the Sample.

          6.2 Once you have taken your swab sample, place the tube in the small box provided and put this box in the UN3373 plastic envelope provided, then stick the Royal Mail Tracked 24 label to this UN3373 bag. You may take a photo of your Royal Mail Tracked 24 label so that you can track your sample. You agree to post the envelope in a Royal Mail Priority Bost box on the day of your Covid-19 Home PCR Test.

          If you have ordered a package that includes a Day 2 Samppe, you agree to post the completed sample in a Royal Mail Priority Post Box no earlier than Day 0 and no later than Day 2. If you have ordered a package that includes a Day 8 sample, you agree to post the completed sample in a Royal Mail Priority Post Box no earlier than Day 8. To find posting locations, visit https://www.royalmail.com/services-near-you#/ or on the Royal Mail app.

          6.3 Royal Mail has recommended that the completed Covid-19 Home PCR Test sample must be posted on the day you take the Sample and no later than one hour before the last collection time stated on the Royal Mail priority post box. The Covid-19 Home PCR Test Kit should only be posted back in the Royal Mail priority post box. Royal Mail collects sample from all Priority post boxes Monday to Friday, and some Priority Post Boxes Saturday and Sunday. Do NOT take or post the test on a Bank Holiday, instead take, and post the Covid-19 Home PCR Test Kit on the following day instead. You agree to check whether Royal Mail will collect from the Priority Post Box you have chosen to post your completed Covid-19 Home PCR Test Sample.

          6.4 As set out above, please do note that Royal Mail 24-hour delivery does not guarantee that the Sample will be received at the laboratory within 24 hours of posting, and accordingly, we cannot make that promise to you. We will have no liability for receipt of the Sample after the date you expect and/or require.

          7. Covid-19 Home PCR Test Result

            7.1 Our Laboratory shall use reasonable endeavours to carry out the Covid-19 Home PCR Test and report the Covid-19 Home PCR Test Results, within 12- 48 hours of the Sample being booked into the laboratory, and time is not of the essence. Delivery dates for the Covid-19 Home PCR Test Results are approximate only and we will not be held liable for any delay in delivery or receipt and for any losses arising if the test result is not provided to you within your required timescale, which may have been stipulated by third parties. Please note any such time frames are subject to privity of contract, between you and the third party, and to which we are therefore not bound.

            7.2 Delivery dates for test results are approximate only and we will not be held liable for any delay in delivery, particularly in light of global shortages in raw materials and the unprecedented level of demand for our services in the current challenging circumstance, as well as subject to further terms in this agreement.

            8. Disclaimer

              8.1 The procedure for the Covid-19 Home PCR Test employs a validated methodology in accordance with the performance criteria set by Public Health England. The assay that is used by the Laboratory to perform the Covid-19 Home PCR Test is highly sensitive and specific, with no known cross-reactivity. However, false-negative and false-positive results may occur due to, for example, improper Sample collection or degradation of the Sample, insufficient Sample collected, contaminated Sample, incorrect packaging of the Sample, laboratory assessment of Sample provided, laboratory process failure, or human error.

              8.2 We will not refund all or part of the Fee if a Sample was not received by us or has not been taken in accordance with the User Instructions or has degraded for any reason including because of a delay in delivery or damage during delivery or the Sample has expired. If this happens, we will notify you accordingly, and you can purchase another Covid-19 Home PCR Test.

              8.3 If we are unable to analyse the Sample because of our own act or omission, we will notify you accordingly, and either send you another Covid-19 Home PCR Test Kit or refund you the Fee paid.

              8.4 A positive Covid-19 Home PCR Test Result indicates a suspected COVID-19 infection, and in such circumstances, we recommend that you discuss with your healthcare provider the Covid-19 Home PCR Test Result along with all other available clinical information, to determine the best treatment decisions or actions.

              8.5 To the extent permitted by law, we are not liable for any use made by you of the information provided in the Covid-19 Home PCR Test Result, any decisions taken, or for any costs incurred by you in consequence of such use.

              8.6 The Covid-19 Home PCR Test should be used as a convenient and confidential way of getting tested quickly for a COVID-19 infection. The Covid-19 Home PCR Test Results are not intended to replace medical advice, nor should they be used as a full diagnosis, or to prescribe medication without consulting an appropriate medical professional.

              8.7 We shall not be liable to you whether in contract, tort (including negligence and breach of statutory duty), or otherwise for any:

              • error or defect in the Covid-19 Home PCR Test Result as a result of any inaccurate or incomplete information supplied by you;
              • loss of data or materials, including the Sample and/or the Covid-19 Home PCR Test Result arising as a result of the acts or omissions of the postal or courier service, or any other delivery service used by you to send the Sample to us;
              • indirect or consequential loss (including lost profits, loss of revenue or sales, loss of use, diminution of goodwill, business interruption or the like) arising whether or not the Laboratory has been informed or advised of the possibility of such losses.

              8.8 To the extent permitted by law our total liability to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort, or otherwise, shall in no circumstances exceed the Fees paid for the single Covid-19 Home PCR Test Kit that is the subject of the claim.

              8.9 If at any time we are prevented or hindered from carrying out its obligations under these Terms for reasons beyond its control, including strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, including shortage of supplies from suppliers required by us to perform the Covid-19 Home PCR Test, we shall notify you accordingly and, our obligations under these Terms shall be suspended until the obligations can be performed.

              8.10 Nothing in these Terms limits or excludes our liability for breach of our obligations under section 12 of the Sale of Goods Act 1979 and/or section 2 of the Supply of Goods and Services Act 1982; death or personal injury resulting from negligence; or fraud or fraudulent misrepresentation. Your statutory rights as a consumer are unaffected.

              9. General

                9.1 We may amend these Terms at any time to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience in using our services. By continuing to purchase an Covid-19 Home PCR Test after any changes are made, you accept those changes and will be bound by them.

                9.2 You shall not be entitled to assign or otherwise deal with your rights or obligations under these Terms

                9.3 If any part of these Terms shall be found by any court of competent jurisdiction to be invalid or unenforceable but would be valid and enforceable if certain words were deleted or added, such provisions shall apply with such amendments as required to make them valid and enforceable. In any event, any invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full.

                9.4 These Terms shall be governed by and construed in accordance with the laws of England and Wales and each party hereby irrevocably submits to the exclusive jurisdiction of the English Courts.

                Update: Covid-19 Home PCR Test T&C V1 October 2021