Terms and Conditions
1. Agreement to these Terms and Conditions
2.1. for all purposes of these terms and conditions, the following terms shall have the meanings set forth below:
“Customer” or “you” means the person, individuals, or corporation who participate into a contract with the company for the provision of products and services, if and where applicable. By entering into an agreement with the company, you certify that you are legally capable of doing so. In the case that you sign a contract on account of a business or company, you certify that you have the permission to do so.
“Services” means all or any of the services provided by the company.
“Products” means all or any of the products provided by the company.
“Contract” refers to the provision of the company’s product and/or service, often through its website legtest.co.uk. Once these terms and conditions are agreed, cleared payment is made and/or required, mostly through the company’s website, and when the product is sent, then the contract is considered accepted.
The term “legionella testing kit” refers to a sterile plastic sample bottle(s) with written instructions (“instructions”) for usage. The kit also includes a prepaid courier bag or pre-paid postal return bag in which the sterile plastic sample vials must be deposited and sealed once the customer has completed the instructions completely. The customer must then notify the company to schedule pickup of the sample(s) or, in the instance of a pre-paid postal return bag, drop the sealed bag off at a nearby post office. This must be completed on the same day as the sample(s).
“Laboratory” means an independent United Kingdom accredited service (UKAS) authorized laboratory that can undertake the necessary tests to identify whether legionella bacteria are present in the customer’s sample(s).
“Sample(s)” refers to the water collected by the customer and incorporated into the product offered by the company, as defined above.
“Certificate” refers to a document supplied by the company to the customer to certify the test findings of the sample(s). The certificate includes the necessary details from the laboratory’s analysis. On demand, the laboratory report is available. The retest due date indicated on the certificate is determined by the testing frequency selected by the customer when submitting the transaction.
“Account” refers to the online account created by the company for the customer when the customer puts an order or following the customer ‘s query. When placing an order, the customer recognizes and authorizes the company to create an account.
2.2. Words that import any gender include all genders, words that import the singular include the plural and vice versa, and words that import individuals include businesses, companies, and corporations and vice versa.
2.3. the titles in these terms and conditions are not to be interpreted.
2.4. Wherever the word ‘including’ appears in these terms and conditions, it is to be interpreted as ‘including without limitation.’
The following are the Products that the Company has agreed to provide:
• Legionella Testing Kit.
The Company employs every necessary precaution in representing and describing its items on
its website. Nonetheless, owing to the nature of acquiring Products via the internet, as well as
product and manufacturer upgrades, the Customer agrees that there may be differences between
what is described on the website and the actual Products delivered.
4.1 The Company agrees to provide the following Services:
a) A personalised Product to the Customer, as described above;
b) the means of transporting the above-mentioned completed Product to the Laboratory
for testing on the Sample(s) given by the Customer. The Company will decide the
method depending on the kind of environment for which the Customer demands the
Product and/or Service. To avoid any ambiguity, the Company will employ the
i) Arrange a free Courier; or
ii) Provide a pre-paid postal return.
4.2 Within 14 days of receiving the Sample(s), the Laboratory will notify the Company of the
findings of the tests it has performed on the Sample(s) received from the Customer.
4.3 Should Legionella be found in the Sample(s) submitted by the Customer, then the Company
shall notify the Customer of the test results either by the presentation of the Certificate or
through prompt communication via a durable means. If relevant and when accessible, the
Company shall provide the Certificate to the Customer via the Customer’s online Account.
4.4 To be clear, the Company exclusively provides testing and reporting services. It does not
provide a diagnosis or treatment service, nor does it provide any advice or recommendations.
4.5 According to the testing regularity provided by the customer when acquiring the Company’s
Product and/or Services, the Company will notify the client via up to three emails and one letter
that a retest is required. It is entirely up to the consumer whether or not to retest. The Company’s
failure to obtain an email or a letter does not constitute a violation of the contract.
5. Price and Payment Methods
5.1 The pricing for offering its Products and Services, if and where applicable, shall be openly
published for consideration, generally via its’ website. This price is subject to VAT at the
current rate. For the prevention of dispute, the price does not include any further duty and/or
import costs, and payment of these is the Customer’s obligation.
5.2 The Company reserves the right to adjust the pricing of its Products and Services at any
moment even without notification. Nevertheless, after payment for the Company’s Product and
Services, if and where relevant, has been received, the Company cannot and will not adjust the
5.3 Unless otherwise agreed by the Company, the Company needs payment for its’ Products
and Services, if and where relevant, immediately before agreeing to offer its’ Products and
5.4 The Customer may make payment via the Company’s website (recommended option) or by
paying an invoice given by the Company.
5.5 The Company will not furnish any Products or Services, if and where applicable, until all
outstanding invoices are settled unless payment conditions have been specifically agreed upon.
In any situation, the Company maintains the right to withhold any test results and/or Certificate
until all outstanding payments have been paid in full.
5.6 If the Company clearly and explicitly agrees to payment terms with the Customer and the
payment is not obtained within the specified time, no more than 30 days from the invoice date,
we will suspend any further deliveries of the Products and Services and, without limiting any
of our other rights or remedies for statutory interest, charge interest at the rate of 8% in an
annual basis, above the Bank of England’s base rate every now and then on the outstanding
amount until payment is earned. In addition, as part of its recovery expenses, the company will
charge a £50 administration fee.
6. Introducer Account or 30-Day Account
6.1 Subject to application and credit check, the Company may provide the Customer an
Introducer Account or a 30-Day Account.
6.2 The Customer accepts that, as part of the application process for an Introducer Account or
30-Day Account, the Company might conduct a credit check on the Customer. When applying
for an Introducer Account or a 30-Day Account, the Customer authorizes the Company to
conduct a credit check.
6.3 Payment on account may be used to handle all or select orders received from Introducer
Account and/or 30-Day Account Customers. The Company shall generate an invoice for any
orders obtained on this premise and send it to the Customer for payment within 30 days of the
6.4 If payment is not made from the Customer within 30 days of the invoice date, the Company
retains the authority to take the actions as specified and according to the Provisions of Section
5 Paragraph 6 (5.6).
7. Obligations of our Customer
7.1 The Customer is exclusively accountable for guaranteeing that their environment complies
with all current laws and regulations. The Customer accepts that the Company is solely
responsible for supplying its Product and/or Service to permit the Customer to collect
Sample(s) from their environment, which the Company will then test in a UKAS accredited
Laboratory. The Company’s responsibility under the Contract is fulfilled once the results are
provided to the Customer.
7.2 The Customer must order the appropriate number of sample bottles from the Kit based on
the environment to be examined. The Company provides an Instant Quote ‘tool’ for Legionella
Testing Kits on its website to assist the Customer in determining the recommended number of
Sample bottles necessary in the Kit. Nevertheless, the Customer accepts that it is their
obligation to utilize this tool as indicated, and that the consequence of utilizing the tool is
merely the Company’s advice and does not indicate that any requirements or legislation are met
while using its’ online service.
7.3 The Customer should be present to accept delivery of the Company’s Products and/or
Services, if and where applicable. In the case where the Products and Services, if and where
applicable, cannot be delivered and must be re-delivered, the Customer may be charged an
extra delivery fee.
7.4 The Customer must be available for pickup of the Company’s Products and/or Services by
courier, if and where applicable. The courier collection service organized by the Company is a
9 a.m. to 5 p.m., Monday through Friday collecting service provided by a third party.
Regardless of the collection service offered by the Company, it is the Customer’s obligation to
guarantee that the Sample(s) are delivered to the Laboratory within 48 hours in order to assure
the quality of the Sample(s) taken by the Customer. If the Sample(s) cannot be collected and
must be re-collected, the Customer may be charged an extra fee. To minimize ambiguity, this
Term and an extra re-collection penalty apply to products that are erroneously collected and
sent to our Laboratory. The Customer is accountable for acquiring postage proof from the Post
Office, if and where applicable, and the Products remain the Customer’s property until receipt
is recognized by the Company.
7.5 The Customer must send the courier with the right parcel including the Products given by
the Company in line with the Kit’s guidelines.
Parcels received that do not include the Company’s Products are the Customer’s property and
obligation. The returning of shipments that do not include the Company’s Products is the
concern and expense of the Customer. The Customer is also responsible for the expenses of recollection of the Company’s Products.
7.6 The Customer is responsible for ensuring that the water Sample(s) given are derived from
the environment for which they were designed.
7.7 The Customer must strictly adhere to the Instructions given in the Kit.
7.8 Upon successful delivery, the Customer must contact the Company to arrange for the
Sample(s) to be collected (if applicable). To preserve the authenticity of the Sample, the
Customer agrees that the Sample(s) obtained must be sent to the Laboratory within 48 hours
(s). To accomplish this, the Customer undertakes to only accept Sample(s) and schedule for
pickup before 10 a.m. on Mondays through Thursdays, excluding weekends and bank holidays.
7.9 The Customer will react immediately to any contact made by the Company in connection
with any Contract.
7.10 It is solely the Customer’s obligation to respond on information received from the
Company about test results. In compliance with the previous paragraphs, the Company solely
provides a testing and reporting service.
7.11 The Customer shall inspect the Product(s) delivered and notify any errors and/or mistakes
to the Company within 14 days after the Company’s shipping of the Product. If omissions
and/or mistakes are notified to the Company after this period has expired, we have the ability
to demand for delivering the omitted and/or incorrect Product (s). This fee will be restricted to
the expense of the given postage and supplies and will not exceed £15
8.1 The Company shall send its Products and Services (where applicable) to the Customer’s
8.2 The Company will only supply its Product and provide its Services inside the United
Kingdom, the Isle of Man, and the Channel Islands, as specified in the previous sections.
8.3 By definition, the Company will deliver its Products and/or Services using Royal Mail 1st
Class post or similar. Nevertheless, the Company may provide different postal options, which
the Customer may choose and pay for if appropriate.
8.4 All shipping fees are supplied by the Company before the payment for the procurement of
its Products and/or Services and are thus acknowledged by the Customer.
8.5 The Company will make every effort to provide its’ Products and/or Services in one
delivery using the shipping method chosen by the Customer. However, the Customer accepts
that there may be occasion where this is not possible.
8.6 The Company shall undertake every attempt to provide its Products and/or Services in a
single shipment using the shipping method selected by the Customer. Nonetheless, the
Customer acknowledges that this may not always be practicable.
9. Cancellation and Returns
9.1 The Company might terminate a Contract at any time if it considers the Customer plans to
use its Products and/or Services in a manner that the Company does not intend.
9.2 If the Customer fails to satisfy any of the Customer Obligations outlined in the previous
paragraphs, the Company may terminate the Contract and keep any payments received by the
9.3 If the Company cancels a Contract under the provisions of the previous sections, the
Customer will be notified in writing.
9.4 The Customer has the right to cancel the Contract within 14 days of obtaining the Products
from the Company under the Consumer Contracts Regulations 2014. The Products must be
returned to the Company in the identical condition in which they were received. The delivery
address may be found in the sections below. The Customer is accountable for delivering the
Products to the Company as well as any associated costs. When returning Products to the
Company, we suggest obtaining confirmation of postage. When the Products have been
received by the Company and reviewed to verify they are not damaged in any fashion, a
complete instant reimbursement will be issued to the Customer, less £5 + VAT to reimburse
the Company’s original shipping and packing charges. This is required because the company
personalizes elements of their Product in order to identify the customer, and the Product can
no longer be reused by the Company.
9.5 Where the Contract includes the provision of the Company’s Products and Services, the
Contract cannot be terminated, and refunds are not accepted unless the Company makes a
serious mistake. If the Company makes a major error, the Customer shall alert the Company
within 48 hours of receiving the Products and Services.
9.6 For the prevention of dispute, Article 9.4 nevertheless applies if the Company’s Products
have been given and payment has been expressly accepted by the Company but not received.
10. Limit of Liability
10.1 The Company will not be responsible for any damage caused by problems or delays
beyond its control, particularly, but not limited to, shipment delays, postal strikes or shipping
delivery challenges, and third-party courier collection issues.
10.2 The Customer assumes entire accountability for its duties to the Health and Safety
Executive and/or the Care Quality Commission, as well as any other legislation, regulation,
code of conduct, guidelines, rules, and/or regulations.
The Customer recognizes that the Company accepts no responsibility for any obligations
arising from any and all Contract(s) entered into by the Customer with the Company.
10.3 In any case, the Company will not be responsible to the Customer for any amount greater
than the whole cost of the Products and Services, including VAT.
11. Law and Jurisdiction
11.1 The legislation applicable to this Contract shall be English Law, and the Customer
consents to the exclusive jurisdiction of the English courts in all matters pertaining to the
12. Data Protection
12.1 When supplying Products and Services to the Customer, the Company might get access
to and/or obtain the capacity to communicate, keep, or process personal data of the Customer
and/or its personnel.
12.2 The parties acknowledge that if such personal data processing occurs, the Customer will
be the ‘data controller’ and the Company will be the ‘data processor’ as defined in the General
Data Protection Regulation (GDPR), as amended, expanded, and/or re-enacted from time to
12.3 To prevent misunderstanding, the terms ‘Personal Data,’ ‘Processing,’ ‘Data Controller,’
‘Data Processor,’ and ‘Data Subject’ must have the same meaning as in the GDPR.
12.4 The Company shall only Process Personal Data to the significant degree justifiably needed
to empower it to continue providing the Products & Services as described in these Terms of
Business or as recommended by and consented with the Customer, shall not preserve any
Personal Data longer than needed for the Processing, and shall abstain from Processing any
Personal Data for its own or any third party’s reasons.
12.5 The Company shall not reveal Personal Data to any third party other than employees,
directors, agents, subcontractors, or advisors on a strict “need-to-know” premise and only under
the same (or more stringent) circumstances as set forth in these Terms of Business or to the
degree necessary by applicable legislation and/or regulations.
12.6 The Company shall adopt and preserve technological and organizational security
protocols necessary to secure Personal Data processed on account of the Customer by the
Company. Additional details concerning the Company’s approach to data protection may be
found in its Data Protection Policy, which is available on our website. If you have any questions
or concerns about data protection, please contact our Data Protection Officer at dpo @
13. Force Majeure
13.1 The Company will not be liable for any delay or failure to furnish any or all of its Products
and/or Services due to any event beyond its immediate control.
14. Intellectual Property
14.1 All right, title, and interest in and to the Company, technology, content, Product and/or
Service, and any proposals, thoughts, augmentation queries, comments, recommendations, or
other details offered by or to you or any other party pertaining to the Product and/or Service
shall be owned solely by the Company (and its licensors, where applicable). Any contract
and/or agreement does not grant anyone any ownership rights in or to the Product and/or
Service, the Company, technology, or the Company’s Intellectual Property Rights. The
Company’s name, logo, and product names connected with the Product and/or Service are
possessed by the Company (or third parties, as applicable), and no permission or license to use
them is provided.
15.1 All concerns regarding the Company should be sent to;
[INSERT COMPANY’S NAME] Ltd
15.2 Within 7 working days, the Company shall verify the complaint and properly examine the
situation. Within 14 working days after receiving the complaint, a written answer will be given.
16. Delivery Policy
16.1 We ship orders the very same day they are obtained as long as they are obtained before 3
p.m. As is customary, we send the Legionella Testing Kit to you through Royal Mail 24 post
(or analogous). As a result, the equipment should be delivered the following business day
(Royal Mail Service Standards).
16.2 After you have completed the simple test Instructions, please contact us and we will
arrange for the samples to be collected by courier for FREE. Put another way, we may issue
you with a FREE Royal Mail Tracked 24 postal return label that you can drop off at your
nearest Post Office. After purchasing the kit, you may select the one that best meets your needs.
16.3 The samples are then analysed in a UKAS qualified laboratory, and if everything is OK,
you will receive a FREE electronic Certificate. For a modest extra charge, you may request a
hard copy Certificate, which we will send to you through Royal Mail 2nd class mail. It takes
roughly 14 days from the collection of the sample(s) to the issuance of a Certificate. If
Legionella bacteria is discovered in your sample(s), we will notify you. In these cases, we can
put you in contact with Legionella treatment experts