Last Updated: May 2018
The following terms and conditions will apply to purchases made by the Customer from YTL only and they strictly limit and define the parties’ obligations.
The following agreement comprises all the terms between the Customer and YTL and the Customer shall be deemed to have accepted the following terms and conditions when the Customer has purchased a Product from YTL directly.
The Customer acknowledges and accepts that it has not relied on any statement, promise or representation made by YTL or given on behalf of YTL, which is not set out in the following terms and conditions.
1. Agreed Terms:
1.1 Definitions and Interpretation:
ALT – Alanine transaminase;
AST – Aspartate transaminase;
Customer – A consumer who has come directly to YTL and purchased a YTL Product for themselves or on behalf of someone else;
Product – the sample collection kit(s) and laboratory testing service provided by YTL, further detailed in Clause 2;
Test(s) – the tests as described in Clause 2;
Test Result – the laboratory result supplied by YTL to the Customer;
Sample(s) – a sample, such as blood, submitted to YTL by the Customer for laboratory testing
YTL – The YorkTest brand of YorkTest Laboratories Limited, Triune Court, Monks Cross Drive, York, YO32 9GZ. Incorporated in England and Wales with company number 03570476.
1.2 Any reference in these terms and conditions to any provision of a statute shall include any subsequent amended provision, re-enactment or extended provision relevant at any time.
1.3 The headings in these terms and conditions are for convenience only and shall not affect its interpretation.
1.4 Except as expressly provided elsewhere in these terms and conditions, a person who is not party to this agreement shall not have any rights whether statutory or otherwise to enforce any term of this agreement.
1.5 YTL reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Yorktest.com website and it is the Customers responsibility to read the terms and the Customer’s continued use of the Product shall signify their acceptance to be bound by the latest terms and conditions.
1.6 If any court or competent authority finds that any provision of the terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the terms and conditions shall not be affected.
2. Products and Testing
2.1 When the Customer submits the correct blood sample for food/drink specific IgG testing, YTL will use the defined and CE marked YTL IgG food intolerance test which uses the enzyme linked immunosorbent assay (ELISA) method to detect IgG antibodies in the Customer’s blood sample.
2.2 Qualitative results will be provided for all full Test Result with each IgG food/drink reaction categorised into ‘no reaction’, ‘borderline’, or ‘reaction’.
2.3 The Customer understands that First Step results will only provide a positive or negative result.
2.4 The Customer agrees that YTL’s IgG tests are not designed to indicate an allergic reaction to individual food/drinks or food/drink groups covered by the test. YTL accepts no responsibility for any condition or symptoms the Customer may develop caused by an allergic reaction.
2.5 The Customer agrees that raised levels of IgG antibodies within their blood indicates that an IgG antibody reaction to a particular food or drink has occurred. If they have already taken the decision to eliminate a particular food or drink and have not been eating that food or drink for over a month, it may not show up on their results.
2.6 YTL’s IgG tests are not guaranteed to identify food/drink reactions that the Customer suffers from, specifically in the following circumstances:
2.6.1 Where any food/drink or food/drink group has not been regularly consumed as part of the Customer’s diet for at least 2 months prior to the test; or
2.6.2 Where the Customer is taking prescribed drugs such as immunosuppressant’s, cytotoxic drugs, or steroids the Customer understands that reactions may be suppressed but that if reactions are present they may be significant.
2.7 YTL requests the Customer consults their medical practitioner about any symptoms, and also to consult their medical practitioner with their test results, particularly in the following circumstances:
2.7.1 If they are unsure of the difference between food sensitivities, food intolerance or food allergies; or
2.7.2 Where they are taking any prescribed drugs or medication.
2.8 When the Customer submits the correct blood sample for the Homocysteine Test, YTL will test and issue a Test Result for the Customer’s level of homocysteine in the blood.
2.9 When the Customer submits the correct blood sample for the LiverCheck Test, YTL will test and issue a Test Result for the Customer’s level of ALT and AST in the blood.
2.10 When the Customer submits the correct blood sample for the AllergyCheck Test, YTL will test and issue Test Results for the Customer’s level of IgE mediated environmental allergens in the blood. The Customer accepts that if they are not currently suffering from clinical symptoms, or have been avoiding a known allergen that this can affect the Test Results and reactions may not show up as positive.
2.11 The Customer accepts the presence of IgE antibodies is an indication that you may be allergic to that particular substance (allergen) but is not a definite diagnosis on its own. If the Customer has previously been advised of an allergy but the Customer’s Test Result does not show a positive result, the Customer must continue to avoid that known allergen.
2.12 Quality control measures will be run with each Sample to confirm that the Test system is working correctly. A Test Result will not be issued by YTL unless quality control measures have passed YTL’s defined specifications.
3. Price and conditions of sale
3.1 The price of the Test(s) shall be the price quoted on the YTL website or over the phone of YTL. The order might be subject to delivery charges and all payments shall be made in pounds sterling (£GBP) unless otherwise stated.
3.2 YTL accept Visa, MasterCard, AMEX, Maestro and Delta card payment. The Customer can send their order in writing, including a cheque for the full amount, to the address listed on yorktest.com or otherwise advised.
3.3 When YTL are in receipt of a full and correct email address and a paid for order, they will send the Customer an order confirmation by email.
3.4 YTL reserves the right to increase the price of the Products to reflect any increase in the cost to YTL, which is due to any factor beyond the control of YTL and/or any change in delivery dates or quantities which are requested by the Customer.
3.5 The Customer shall pay to YTL the price of the Products prior to delivery. Once cleared funds have been received, YTL shall arrange delivery of the sample collection kit(s).
4.1 All standard delivery and handling charges are shown on the YTL website.
4.2 YTL shall deliver the sample collection kits by post to the Customer upon receipt of cleared funds from the Customer. Orders will be delivered to the address stipulated by the Customer and a minimum of 10-14 days from receipt of cleared fund should be allowed for such delivery.
4.3 Any dates quoted for delivery of the sample collection kits are approximate only and YTL shall not be liable for any delay in delivery of these. Times for delivery shall not be of the essence and the sample collection kits may be delivered by YTL in advance of the quoted delivery date.
4.4 If YTL fails to deliver the sample collection kits for any reason other than any cause beyond YTL’s reasonable control, and YTL is accordingly liable to the Customer, YTL’s liability shall be limited to price of the Product(s) in relation to the Customer order.
4.5 It is the express responsibility of the Customer to inspect the sample collection kits immediately upon their delivery. The Customer shall notify YTL within 28 days of delivery in respect of any damage to them, shortfall or incorrect specification being delivered. If the Customer does not notify YTL within 28 days following delivery of the sample collection kits it shall be deemed in accordance with the order placed by the Customer.
4.6 YTL aim to deliver the sample collection kits to the Customer within 14 days of receipt of the Customer order. If YTL are unable to deliver the sample collection kits within 30 days of receipt of the Customer’s order, YTL will contact the Customer and offer the option to cancel the order.
5. Distance Selling Regulations
Under the Distance Selling Regulations the Customer may cancel the order within 14 days from the day after the Test Kit(s) have been delivered, so long as the kit remains unused. To do this the Customer must either notify YTL by email, phone or send a letter to the YTL stated address, informing YTL that the sample collection kits are being returned unused. A refund will be made within 30 days of receiving the cancellation request.
6. Cancellation and Refund Policy
6.1 In addition to clause 5, in the event that the sample collection kits are not in stock or cannot be delivered to the Customer within 30 days, YTL will contact the Customer giving the likely delivery date and the option to cancel the order. YTL will issue a full refund of monies paid should the Customer decide to cancel.
6.2 All sample collection kits are dispatched by YTL with sufficient expiry available for the Customer to take the test. Should the kit expire through no fault of YTL then YTL are under no obligation to refund, replace or test the Sample.
6.3 Sometimes Samples are not sufficient in quality or volume for testing or they fail quality control measures post laboratory testing. In this instance another Sample is required and YTL will issue free of charge another sample collection kit (Replacement Kit) for the Customer to complete and send back. The Replacement Kit will not be subject to clause 5, but clauses 6.1 and 6.2 will still be applicable for a Replacement Kit.
7. Personal Data
8. Limitation of Liability
8.1 Nothing in these terms and conditions shall limit or exclude YTL’s liability for:
8.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or Sub Contractors (as applicable);
8.1.2 fraud or fraudulent misrepresentation;
8.1.3 breach of the terms implied by section 12 of the Sale of Products Act 1979.
8.2 Subject to clause 8.1:
8.2.1 YTL shall under no circumstances whatever be liable to the Customer, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising; and
8.2.2 YTL’s total liability to the Customer in respect of all other losses arising under or in connection with the terms and conditions, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
9. Force Majeure
YTL shall not be liable for any failure or delay in performing its obligations under these terms and conditions to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond YTL’s reasonable control, which by its nature could not be foreseen, or if it could have been foreseen, was unavoidable.
10. Law and Jurisdiction
The terms and conditions shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.