Terms and Conditions

Terms of Sale

1. Definitions and Interpretation
   1. In this Agreement, the following terms have the following meanings:

      Allergyfocus Test: the IgE Multiplex Allergy Environmental and food test, which is an IgE antibody test that uses the enzyme linked immunosorbent assay (ELISA) method to detect specific IgE antibodies in the Sample

      Allergyfocus Test Kit: the package sent by Oncologica to you to include:
      (a) The blood collection tube with lancets, plasters, and alcohol swabs
      (b) Protective rigid packaging for collection tube
      (c) Sample Label
      (d) UN3373 return postal bag with tracked 24-hour label; and
      (e) User Instructions

      Data Protection Legislation: all applicable laws and regulations relating to the processing of personal data and privacy, including the UK General Data Protection Regulation  and the Data Protection Act 2018 each as may be amended or replaced from time to time.

      Fee: the fee due for the Allergyfocus Test.

      Personal Data: has the meaning given to it in the Data Protection Legislation.

      Sample: the sample taken by you and sent to Oncologica for the Allergyfocus Test.

      The Test(s): includes reference to the Allergyfocus and/or  Foodfocus Tests

      Test Dashboard: the Oncologica intranet portal activated by you with a username and password sent to you via email by Oncologica.

      User Instructions: the guidance on how to collect the Sample and the Oncologica guidance on how to arrange collection or shipment of the Sample to Oncologica.

      You: the person who orders the Allergyfocus Test.

      We: Oncologica UK Limited, Suite 2, The Newnham Building, Chesterford Research Park, Little Chesterford, CB10 1XL.

2. Formation of the Contract
   1. These terms govern the supply of their Allergyfocus Test to you to the exclusion of all other terms and conditions of business and any terms implied by custom or practice to the maximum extent permitted by law. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
   2. If you have purchased a test through a third party, then please check the terms and conditions of sale for that third party. You will need to contact the third party you originally ordered the test from in order to exercise your cancellation rights and/or receive a refund.
   3. We draw your attention to clause 13, which sets out our liability to you in connection with our breach of these terms and conditions.
   4. You can contact us from 9am – 5pm Mon – Fri BST by telephone on  +44 1223 785 327, submit a request via our form at https://oncologica.com/contact-us/ or via livechat on oncologica.com
   5. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
   6. You agree that you have read, understand, agree and consent to these Terms. If you are buying the Allergyfocus Test for any other person, you shall ensure that they also read, understand, agree and consent to these Terms, in particular this clause 2.
   7. On completion of your Allergyfocus Test, you may receive an invitation request to submit a Trustpilot review. Whilst your feedback is valuable to us, it is not required of you to submit a review and you can unsubscribe at any time.
3. Ordering
   1. 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 and you have agreed and accepted these Terms.
   2. You must be at least 18 years old to order an Allergyfocus Test. If you wish to order the Allergyfocus 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 agree to these Terms.
   3. Submission of your online order and payment will be acknowledged via email to you with a payment receipt, order number and Test Dashboard registration instructions. These emails may be received within 1- 24 hours after the order is placed. It will help us if you can tell us the order number whenever you contact us about your order.
   4. You must not resell the Allergyfocus Test.
   5. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, 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 product or because we are unable to meet a delivery deadline you have specified.
   6. Oncologica shall send to you the Allergyfocus Test Kit using a tracked-courier service or tracked Royal Mail Service.
   7. If Oncologica cancels an order for the Allergyfocus Test, then its sole liability shall be to notify you and refund any sums paid within 30 days.
4. Delivery of the Test
   1. The costs of delivery will be as displayed to you on our website.
   2. We are not responsible for delays outside our control. If our supply of the Allergyfocus Test 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 products you have paid for but not received.
   3. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will rearrange delivery.
   4. If no one is available at your address for the re-delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
   5. All Orders placed before 12pm Monday to Friday, where possible, are dispatched same day via Royal Mail. If we are unable to ship to your address via Royal Mail then we will dispatch using another courier service. Any orders placed after 12pm BST Friday will be dispatched on the following Monday. Order are not dispatched on Bank Holidays.
   6. We will have no liability to you or anyone else if you receive the Allergyfocus Test Kit after the date and time you expect and/or require, including for the avoidance of doubt, any liability to refund you for the Fee paid.
   7. It is your responsibility to report a faulty Allergyfocus Test Kit received upon delivery. If any faults are found in the Allergyfocus Test Kit by you, you must report the details of the fault to Oncologica within 14 days of receipt of that delivery. Oncologica shall be under no obligation to replace or refund any faulty Allergyfocus Test Kit received by you if these faults had not been reported within 14 days of receipt of the delivery.
5. Returning the Sample
   1. It is your responsibility to return the Allergyfocus Test to the Oncologica laboratory. Place the completed Sample in the packaging and small box provided and return the box to us. You can use Royal Mail, hand deliver your Allergyfocus Test to us or organise your own private courier to us at Suite 2, The Newnham Building, Chesterford Research Park, Little Chesterford CB10 1XL
   2. If you use Royal Mail, post the pre-paid envelope in a specially selected Royal Mail priority post box which are located in every town or village. These are the normal Royal Mail postal boxes on the streets and will have a priority label on them. Visit https://www.royalmail.com/services-near-you#/ or look on the Royal Mail app. However, you acknowledge and agree that Royal Mail 24-hour delivery does not guarantee that the Allergyfocus Test Kit will be delivered to Oncologica within 24 hours of you placing the Allergyfocus Test Kit in the Royal Mail priority post box.
   3. Your completed Sample must be returned to Oncologica within 48 hours of you taking the Sample. The Allergyfocus Test Kit should only be posted back in the Royal Mail priority post box Monday to Friday. Royal Mail recommend that you do not take or post the Allergyfocus Test on a Bank Holiday or on a weekend, instead take, and post the completed Sample on the following Working Day.
   4. It is your responsibility to record and track the Sample when using Royal Mail. The Royal Mail 24-hour tracking number for each Allergyfocus Test Kit is located on the 24- hour tracked label applied to the return envelope.
   5. We do not have any control over Royal Mail or any courier you engage to return the Sample. Accordingly, we will have no liability to you or any third party if we do not receive the Sample on the date you expect and/or require.
6. Taking the Sample
   1. Make sure you read and understand the User Instructions and that you take the Sample as set out in the User Instructions. The individual who is identified on the order for each Allergyfocus Test must be the individual who provides the Sample for that Allergyfocus Test.
   2. On the day that the Sample is taken, you must ensure you activate the Allergyfocus Test in the Oncologica Allergyfocus Test Dashboard and input the date and time of the Sample was taken before you return the Sample to us.
   3. Sometimes your Sample not sufficient in quality or volume for Allergyfocus Testing or they fail quality control measures. If the Sample cannot be analysed because the Sample has degraded for any reason including but not limited to a delay in delivery or damage during delivery then, it will be rejected at this pre-assessment stage and we will issue another Allergyfocus Test Kit to you at the cost of £20 plus delivery costs, for you to complete and send back. If, despite our reasonable efforts, we are unable to contact you, or you do not send us a correct Sample then we may end the contract and clause 12 will apply. We cannot be held responsible for the damage, loss or theft of a Sample that has not been received by us.
   4. If the Sample proceeds through the full analysis process and the Allergyfocus Test Result is a fail then the Fee shall be refunded less a 20% administrative cost.
7. Payment methods
   1. We use the third-party Stripe payment gateway provided by Stripe for its secure online payment transactions. Payment for orders placed through this site may be made by credit card processed online using the secure Stripe payment gateway subject to Stripe’s own terms and conditions and privacy policy, links to which are provided from the Stripe checkout pages. For more information about Stripe, see the Stripe website (https://www.stripe.com).
   2. By storing the credit card or debit card information on your ‘Payment Method section’ and subsequently using the “Stored Payment Method”, you authorize Oncologica to charge your specified credit card or debit card via Stripe’s payment gateway.
   3. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing/postal address).
   4. The amount(s) and date(s) of any payment(s) will be specified on the payment information screen shown during the payment process.
   5. You agree not to use your Stored Payment Method for storing payment methods that do not belong to you.
   6. You agree to be bound by any rules your financial institution requires for debit card or credit card transactions.
   7. We will have no liability, and accordingly no responsibility, for any losses of any kind that you may incur as a result of any unsupervised purchase order made via your phone, PC, or other device even if this was due to the theft or loss of your device. It is your sole responsibility to ensure that you have adequate safeguards in place on your device or account to limit any possible risk.
8. Allergyfocus Testing
   1. Oncologica will test the Sample and issue the Allergyfocus Test Results for the level of IgE mediated food and environmental allergens in the blood. If you are not currently suffering from clinical symptoms, or never come into contact with a known allergen or have been avoiding a known allergen that this can affect the Allergyfocus Test Results and reactions may not show up as positive. If you have received a negative result due to never coming into contact with a substance (allergen) there is still a chance of being allergic to that substance when exposed.
   2. The presence of IgE antibodies is an indication that you may be more likely to give an allergic reaction to that particular substance (allergen) but is not a definite diagnosis on its own. If you  previously been advised of a food and/or environmental allergy but the Allergyfocus Test Result does not show a positive result, you must continue to avoid that known allergen.
   3. Samples must be taken in accordance with the User Instructions. Oncologica shall be under no obligation to carry out a Allergyfocus Test or refund all or part of the Allergyfocus Test Kit Fee in respect of a Sample that has not been taken in accordance with the User Instructions.
   4. Subject to this Clause 8, Oncologica shall use reasonable endeavours to carry out the Allergyfocus Test within 3 Working Days of booking the Samples into the laboratory by Oncologica, but time shall not be of the essence. Delivery dates for the Allergyfocus Test Results are approximate only and Oncologica will not be held liable for any delay in delivery or receipt. Accordingly, we will have no liability to you or any third party if you do not receive the Allergyfocus Test Results on the date or time you expected and/or required.
9. Results
   1. If you have purchased a Allergyfocus Testing Kit directly from Oncologica, in order to undertake your Allergyfocus Test and receive the results of your Allergyfocus Test, you will need to create an account on our online Allergyfocus Test Dashboard to activate the Allergyfocus Test on the Allergyfocus Test Dashboard. If you have purchased a Allergyfocus Test through a third party, then you will need to contact  the Third Party for Allergyfocus Test login and activation instructions.
   2. Oncologica shall send the Allergyfocus Test Result to you in electronic format via your Test Dashboard. You shall not and shall not permit you to amend or change the Allergyfocus Test Result.
   3. If you are a Parent or Guardian that has purchased a Allergyfocus Test for a dependent who is under the age of 18 years old, then when that dependent reaches the age of 18 years old those Allergyfocus Test Results will no longer be provided by us nor available for you to access online. In such circumstances, you should ask your dependent (now over the age of 18 years old) to contact us with regards to any Allergyfocus Test Results that related to them whilst they were a child.
10. Data Protection
    1. You understand and agree that your personal data is processed in accordance with our Privacy Policy, available at oncologica.com/privacy-policy Copies are also available on request.
    2. You fully consent to Oncologica using the Allergyfocus Test Results on a completely anonymised basis for the purpose of research, analysis, internal quality control and as evidence of clinical practice.
    3. Oncologica shall comply with its obligations under the Data Protection Legislation as a processor of the Personal Data, and in particular, shall (a) only process the Personal Data on the Customer’s instructions or as required under the Data Protection Legislation; (b) treat all Personal Data as confidential and shall maintain appropriate technical and organizational measures against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of or damage to Personal Data; (c) if in the unlikely event that Oncologica believes that the security of Personal Data in Oncologica’s possession or control may have been compromised, Oncologica may notify you and shall use all reasonable endeavours to manage the situation and prevent further security compromises; (d) at the Customers request and choice either deliver up or delete the Personal Data from its systems on termination of the Services; (e) ensure that individuals processing the Personal Data for Oncologica are subject to a duty of confidence in relation to the Personal Data; (f) only engage sub-processors with the prior consent of you and under a written contract; (g) assist you in providing subject access and allowing data subjects to exercise their rights under applicable laws; (h) assist you in meeting its legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments; (i) submit to audits and inspections  by you to ensure that Oncologica is complying with its obligations under this Clause 8.3 subject to reasonable notice and during Oncologica’s working hours.
    4. For the avoidance of doubt, Oncologica shall be entitled to disclose Personal Data to a court, governmental or regulatory agency, or other third party in order to comply with applicable law or to audit compliance with our corporate policies, procedures, legal, or contractual obligations.
11. Cancellation and Refunds
    1. If we have not yet delivered the Allergyfocus Test to you we will refund you in full for any of the following reasons:
       (a) we have told you about an upcoming change to the Allergyfocus Test or these terms which you do not agree to;
       (b) we have told you about an error in the price or description of the Allergyfocus Test you have ordered and you do not wish to proceed;
       (c) there is a risk that supply of the Allergyfocus Test may be significantly delayed because of events outside our control;
       (d) we have suspended supply of the Allergyfocus Test for technical reasons, or notify you we are going to suspend them for technical reasons.
    2. You can cancel your contract with us if there is a faulty Allergyfocus Test during the expected lifespan and we will refund you in full after receipt of the receipt of the Allergyfocus Test returned by you to Oncologica. The Allergyfocus Test must be returned with 14 days of you informing us in writing of the fault.
    3. You may be able to get a refund if you are within the cooling-off period of 14 days (Consumer Contracts Regulations 2013).
       1. You will receive a refund provided that:
          (a) you contact us in writing within 14 days from the date we accept your order;
          (b) the Allergyfocus Test remains sealed for health protection or hygiene purposes;
          (c) the Allergyfocus Test has not become mixed inseparably with other items after their delivery;
          (d) the Allergyfocus Testing process has not started;
          (e) the Allergyfocus Test Results have not been issued; and
          (f) you return the Allergyfocus Test to Oncologica at your own cost.
       2. If we have already dispatched the Allergyfocus Test, then a £20 charge per Allergyfocus Test shall be deducted from your refund to cover our logistics, and shipping costs.
       3. If you wish to cancel the Contract within the 14 day cooling off period, please let us know by contacting our customer services on from 9am – 5pm Mon – Fri BST  by telephone on  +44 1223 785 327, or submit a request online via our form at https://oncologica.com/contact-us/ or via live chat on oncologica.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
       4. Your refund will be made within 14 days from the day on which we receive the Allergyfocus Test back from you or, if earlier, the day on which you provide us with evidence that you have sent the Allergyfocus Test back to us.
       5. If you do not fulfil the obligations in Clause 11.3, and you keep the Allergyfocus Test but never activate the Allergyfocus Test or send it back to the Laboratory for analysis, then the Allergyfocus Test cannot be cancelled and no refund is due.
    4. You must return the goods to us at Oncologica Suite 2 The Newnham Building, Chesterford Research Park, Little Chesterford, CB10 1XL.
    5. When we will pay the costs of return. We will pay the costs of return:
       (a) if the Allergyfocus Test is faulty or misdescribed; or
       (b) if you are ending the contract because we have told you of an upcoming change to the Allergyfocus Test or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
12. Our rights to end the contract
    1. We may end the contract for a Allergyfocus Test at any time by writing to you if:
       (a) where you have ordered an Allergyfocus Testing Kit, you do not send the Sample to us within the relevant expiry period as mentioned with the Allergyfocus Testing Kit;
       (b) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
       (c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the  Allergyfocus Test, for example, your delivery address;
       (d) you do not, within a reasonable time, allow us to deliver the Allergyfocus Test to you; or
       (e) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, you do not provide us with a Sample or your Sample is not provided correctly.
    2. If we end the contract in the situations set out in clause 12.1 above, we will refund any money you have paid in advance for Allergyfocus Test and 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.
13. Liability
    1. The  Allergyfocus Test and the Oncologica website do not make a medical diagnosis nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your doctor or other qualified health provider if you have a medical condition or with any questions you may have regarding a medical condition and/or medical symptoms. You should not disregard professional medical advice or delay in seeking it because of something you have read on this website. All probable or possible diagnoses generated by the Allergyfocus Test or the Oncologica website need to be discussed and confirmed with a healthcare provider.
    2. You shall ensure that a suitably qualified and experienced healthcare provider shall evaluate and interpret the Allergyfocus Test Report to determine the best next steps in their own independent medical judgment. Medical management decisions should not be based on a single Allergyfocus Test, nor solely on the information contained in the Allergyfocus Test Report.
    3. Oncologica shall have no liability for any use made of the information provided in the Allergyfocus Test Report, including but not limited to any report prepared by Oncologica summarising the results of the Allergyfocus Test, any advice supplied by Oncologica, any decisions taken, or for any costs incurred by you and/or your healthcare provider and/or consequence of such use, advice or decisions.
    4. The Allergyfocus Test and/or the Allergyfocus Test Report is not a substitute for a healthcare provider’s professional judgment. The use of the information provided in the Allergyfocus Test Report is provided as a tool for a healthcare provider determining the appropriate review plan you. The decision as to the appropriate use of the information provided by the Allergyfocus Test Report is solely that of the healthcare provider.
    5. Oncologica does not warrant or represent or guarantee that the Allergyfocus Test will identify any allergies or sensitivities. In the event that no allergy or sensitivity in the Sample is identified by the Allergyfocus Test, the Fee remains due and no refund is available.
    6. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.
    7. Subject to Clause 13.8, Oncologica shall not be liable to you whether in contract, tort (including negligence and breach of statutory duty), or otherwise for any:
       (a) error or defect in the Allergyfocus Test Report as a result of any inaccurate or incomplete information supplied by you;
       (b) loss of data or materials, including the Sample and/or the Allergyfocus Test Report and including any loss arising as a result of the acts or omissions of a courier;
       (c) 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 Oncologica has been informed or advised of the possibility of such losses.
    8. Nothing in the Contract limits or excludes the liability of Oncologica for breach of its 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 or any other liability that cannot lawfully be excluded.
    9. The Customer’s sole remedy against Oncologica shall be limited to breach of contract and the extent of any such liability shall be limited to the cost of the Allergyfocus Test that is the subject of the claim.
    10. No action may be brought against Oncologica under this Agreement unless notice of such claim is received by Oncologica within 6 months of receipt of the relevant Allergyfocus Test Result.
14. Other important terms
    1. If at any time Oncologica is prevented or hindered from carrying out its obligations under this Agreement for reasons beyond its control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Oncologica or 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 Oncologica to perform the Allergyfocus Test, it shall notify you accordingly and Oncologica’s obligations under this Agreement shall be suspended until the obligations can be performed.
    2. Any notice given under this Agreement shall be in writing and shall be served by delivering the notice personally, or by pre-paid mail to the address for each party set out in this Agreement (or such other address as either party notifies to the other from time to time) and with respect to you with a copy via email (delivery of such copy shall not itself constitute valid notice). Any such notice shall be deemed to have been received if delivered personally at the time of delivery or if delivered by mail 2 Working Days from the date of posting.
    3. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    4. 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. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
    5. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    6. 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.