Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply the COVID-19 testing kits ("the Kit") ( together the “Services") which are listed on our websites www.encoderapidtestkit.com and www.emmopharma.com, (“our site”) to you. Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by placing an order for any of our Services, you agree to be bound by these terms and conditions.
 
These terms and conditions are to be considered correct when written in English and not using a translation tool.
 
Please understand that if you refuse to accept these terms and conditions, you will be unable to order any Service from our sites.
 
1.   INFORMATION ABOUT US
 
We operate the websites www.emmopharma.com and www.encoderapidtestkit.com.  We are EMMO Holdings Limited a company registered in England and Wales under company number 12385867 and with our registered office at 29 Park Street, Macclesfield,

SK11 6SR
 
2.   SERVICE AVAILABILITY
 
Our sites are only intended for use by people resident in or visiting the United Kingdom. We do not have to accept orders for the services from individuals outside of the UK.
 
3.   YOUR STATUS
 
3.1   By placing an order through our sites, you warrant that:
 
3.2   you are legally capable of entering into binding contracts; and
 
3.3   you are at least 18 years old.
 
4.   HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
 
4.1   After placing an order for Test Kits via our sites, you will receive confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer by you to purchase our Services, and that you consent to those services. 
 
4.2   All orders are subject to acceptance by us, and we will confirm such acceptance to you by email.
 
4.3   Where your order relates to a Kit, by sending you an e-mail confirming that the order has been accepted and an indication as to when the Kit will be dispatched;
 
5.   DELIVERY OF THE KIT
 
5.1   We will dispatch the Kit within 7 working days of the date set out in the Order Confirmation.
 
5.2   We will take reasonable steps to meet the delivery date set out in the Order Confirmation or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. Please allow extra time for deliveries to the Scottish Highlands and Ireland.
 
5.3   If you fail to take delivery of the Kit within 14 days of the date set out in the Order Confirmation, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control we shall have no liability to you for late delivery and you shall be responsible for re-arranging delivery of the Kit at your sole expense.
 
5.4   If we are not able to deliver the Kit within the time scale set out at clause 5.1 due to operational reasons or shortage of stock, we will deliver the Kit as soon as it becomes available. If the Kit cannot be dispatched within 21 days of the date set out in the Order Confirmation, we shall notify you as soon as reasonably practicable and you shall be entitled to cancel the Contract and receive a full refund in accordance with our refunds policy (set out in clause 8 below).
 
6.   CANCELLATION AND RETURNS
 
6.1   A Contract may be cancelled by you at any time prior to dispatch of the Kit for a full refund of the price paid for the Kit in accordance with our refund policy set out at clause 9 below.
 
6.2   Where a Contract is cancelled in accordance with clause 6.1, you must not use the Kit and you must return the Kit in its original and unopened packaging as soon as reasonably practicable, at your own cost. You have a legal obligation to take reasonable care of the Kit while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
 
 6.3   In the event that a Kit delivered to you under these Terms is damaged, faulty or in some other way unusable in accordance with the instructions provided, you must notify us within 7 days of receipt of the Kit, confirming the damage or fault to the Kit. Within 7 days of receipt of such notice we will arrange for a replacement Kit to be sent out to you.

6.4 In accordance with the Consumer Contract Regulations as a customer you have a cancellation period.  This starts once you place your order and ends 14 days from the day you receive the goods.

  7.   PRICE AND PAYMENT
 
7.1   The price of the Services and our delivery charges will be as quoted on our sites from time to time, except in cases of obvious error.
 
7.2   Service prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
 
7.3   Our sites contain a wide range of Services and it is always possible that, despite our best efforts, some of the Services listed on our sites may be incorrectly priced. We will normally verify prices as part of our Order procedure so that, where the correct price of a Service is less than our stated price, we will charge the lower amount to you. If the correct price of a Service is higher than the price stated on our sites, we will normally, at our discretion, either contact you for instructions before providing the Order Confirmation, or reject your order and notify you of such rejection.
 
7.4   We are under no obligation to supply the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
 
7.5   Unless expressly agreed otherwise by the parties, payment for all Services must be by bank transfer or cheque.
 
8.   OUR LIABILITY
 
8.1   Subject to clause 10.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Services and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
 
8.2   Nothing in this agreement excludes or limits our liability for:
 
8.2.1   death or personal injury caused by our negligence;
 
8.2.2   fraud or fraudulent misrepresentation;
 
8.2.3   any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
 
8.2.4   defective Services under the Consumer Protection Act 1987; or
 
8.2.5   any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
 
8.3 You agree that your use of the Services is at your sole risk. We cannot and do not warrant that the tests performed as part of the Services will be 100% accurate due to the nature of the tests being performed.
 
9.   WRITTEN COMMUNICATIONS
 
Applicable laws require that some of the information or communications we send to you should be in writing. When using our sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
 
 10.   NOTICES
 
All notices given by you to us must be given to EMMO Pharma at sales@emmopharma.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
 
11.   TRANSFER OF RIGHTS AND OBLIGATIONS
 
12.1   The contract between you and us is binding on you and us and on our respective successors and assignees. 
 
12.2   You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 
 
12.3   We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
 
13.   EVENTS OUTSIDE OUR CONTROL
 
13.1   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 events outside our reasonable control (Force Majeure Event). 
 
13.2   A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
 
13.2.1   strikes, lock-outs or other industrial action;
 
13.2.2   civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
 
13.2.3   fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
 
13.2.4   impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
 
13.2.5   impossibility of the use of public or private telecommunications networks; and
 
13.2.6   the acts, decrees, legislation, regulations or restrictions of any government.
 
13.3   Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
 
14.   WAIVER
 
14.1   If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
 
14.2   A waiver by us of any default will not constitute a waiver of any subsequent default.
 
14.3   No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
 
15.   SEVERABILITY
 
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
 
16.   ENTIRE AGREEMENT
 
16.1   These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
 
16.2   We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
 
16.3   Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
 
16.4   Nothing in this clause limits or excludes any liability for fraud.
 
17.   OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
 
17.1   We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems' capabilities.
 
17.2   You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
 
18.   LAW AND JURISDICTION
 
18.1   Contracts for the purchase of Services through our sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

18.2 Accepting these terms and conditions means you have accepted them in the English Language