1.1
This document contains important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read carefully.
1.2
empowerDX Ireland Limited (“empowerDX”), registered in Ireland, registered number 717514, with a registered office at IDA Industrial Estate, Clogherane, Dungarvan, Waterford, Ireland,X35 T628, provides products and services offered on this Website.
1.3
By placing an order for products or services from this website, you accept and are bound by these Terms and Conditions (the “Terms”).
1.4
You may not order or obtain products or services from this website if you:
1.4.1.
do not agree to these Terms;
1.4.2.
are not at least 18 years of age;
1.4.3.
are not using the Site for your personal use, i.e. do not use this Site on behalf of anyone else or to provide services or products to others on a third-party basis or for financial gain; or
1.4.4.
are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.
1.4.5.
do not provide accurate contact details and at minimum an Irish phone number for contacting.
1.5
These Terms, along with the Privacy Policy, apply to the purchase and sale of products and services through www.empowerdx.ie (the “Site”).
1.6
These Terms are subject to change by empowerDX (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, at our sole discretion. The latest version of the Terms will be posted on this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1.7
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site.
2.1
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products and services to you. We may choose not to accept any orders at our sole discretion.
2.2
In order to purchase/use the Services/Products, you must set up an Account with us by creating a username and Password through the Full Health Medical platform (i.e. www.empowerdx.FullHealthMedical.com).
2.3
After having received an order, we will send you a confirmation email with the details of the items you have ordered.
2.4
Acceptance of your order and the formation of a contract of sale between empowerDX and you will not take place unless and until you have received your order confirmation email.
2.5
You have the option to cancel your order at any time before we have sent your order confirmation email by emailing our Customer Service Department at support@shop.empowerdx.ie
3.1
All prices are subject to change without notice.
3.2
The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your Payment Received email.
3.3
Displayed prices include applicable taxes and charges for shipping and handling.
3.4
Unless specifically agreed otherwise by empowerDX in writing, payment must be received by us before accepting an order.
3.5
We accept Visa, Mastercard, American Express via Stripe for all purchases.
3.6
You represent and warrant that:
3.6.1.
the credit card information you supply to us is accurate and complete;
3.6.2.
you are duly authorised to use the credit card for the purchase;
3.6.3.
charges incurred by you will be honoured by your credit card company; and
3.6.4.
you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4.1
We will arrange the shipment of the products to you.
4.2
You will pay all shipping and handling charges specified during the ordering process.
4.3
Shipping is only available in Ireland.
4.4
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5.1
If your order has not shipped you are eligible for a 100% refund of your order.
5.2
A full refund less €15 per test kit to cover shipping, handling, and processing fees will be granted if it has been 20 days or less since your date of purchase.
5.3
Any claims for damages or shortages must be notified to empowerDX within three (3) days of receipt of the product so that we can issue a replacement kit.
5.4
For orders over 20 days old and orders where results have been released, they are not eligible for any refund.
5.5
For refunds, email support@shop.empowerdx.ie. Please include your order number when you contact us.
5.6
We cannot accept returned/unused kits. If you do not wish to continue with the test, we ask that you dispose of it.
5.7
If your Refunds are processed within approximately 10 (ten) working days of confirmation of our acceptance of your refund request. order has not shipped you are eligible for a 100% refund of your order.
5.8
Your refund will be credited back to the same payment method used to make the original purchase on the Site.
5.9
We offer no refunds on any products designated on this site as non-returnable.
5.10
We encourage you to use your kit within 60 days to avoid any issues with a potentially expired kit. All test kits must be registered and returned to the lab before the kit’s expiration date labelled on the sample tube within the kit.
5.11
Any samples that arrive at the lab after this time will not be processed. We are unable to provide a replacement kit due to expiration.
5.12
Occasionally, the laboratories are unable to test samples sent to them. This may be because the amount collected is insufficient for full analysis, the sample has deteriorated or clotted or it has haemolysed (where red blood cells damaged during sample collection leak their contents into the surrounding plasma). If the laboratory cannot test your sample, we will send a second sample collection kit to you free of charge for you to repeat the test.
6.1
The Products you purchase from us are for private use only and you agree not to use the Products for any commercial purpose. We are not liable to you for any loss of profit, loss of business or revenue, business interruption or loss of business opportunity.
6.2
Our total liability to you resulting from a Contract is limited to the total value of the price you paid for the Products and any Services. We are not liable for any costs, loss, delay, inconvenience or damage you suffer as a result of:
6.2.1.
your sample being lost, delayed or damaged transit or via post from your to the laboratory;
6.2.2.
the laboratory being unable to test your sample for any reason;
6.2.3.
any injury, damage or loss you may suffer when using finger-prick lancets unless the lancet is shown to be defective;
6.2.4.
test results not being made available to you within the turnaround time stated for any Product;
6.2.5.
your failure to follow instructions provided to you in relation to sample collection or pre-sample preparation requirements, such as fasting;
6.2.6.
your failure to act upon our advice if we recommend that you seek medical advice or attention having taken a test;
6.2.7.
your failure to show out-of-range test results to your GP or medical practitioner if you opt to receive results without them being reviewed by our medical staff;
6.2.8.
your failure to send a sample to the laboratory for testing within the Validity Period outlined in clause 5.10; or
6.2.9.
events Outside Our Control as described in clause 12.
6.3
We do not in any way exclude or limit our liability for:
6.3.1
death or personal injury caused by our negligence;
6.3.2
fraud or fraudulent misrepresentation;
6.3.3
any breach of the terms implied by Head 19(2) of the Consumer Rights Act 2021;
6.3.4
any breach of the terms implied by Head 16(1) of the Consumer Rights Act 2021 (description, satisfactory quality, fitness for purpose and samples); and
6.3.5
defective products under the Consumer Rights Act 2022.
6.4
We warrant that during the warranty period, the products purchased from the site will be free from defects in materials and workmanship.
6.5
We also warrant that during the warranty period, the services purchased from the site will be performed in a workmanlike manner and in accordance with generally recognised industry standards for similar services.
6.6
Our responsibility for defective products is limited to repair, replacement or refund as set forth in this warranty statement. Our responsibility for defective services is limited to repair, re-performance or refund as set forth in this warranty statement.
6.7
Neither any performance nor other conduct, nor any oral or written information, statement or advice provided by us or any of our suppliers, agents or employees will create a warranty.
6.8
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
7.1
You may purchase a test for your personal use, or you may purchase certain products for you and other people which must contain the details for the person taking the test.
7.2
When purchasing a test, the customer will be required to confirm their agreement with these Terms.
7.3
The person providing the sample for testing must be the purchaser of that kit and created an account in respect of that test.
7.4
You must be at least 18 years old to purchase a Product and provide a sample for testing.
7.5
By purchasing a test and returning a sample to our laboratory you are providing empowerDX Ireland and its partner laboratories your informed consent to perform the tests you have ordered.
8.1
The medical questionnaire asks for information about your medical history, lifestyle, family health history and gender-specific details. Each questionnaire is relevant to the product purchased.
8.2
We only use your personal information in accordance with our Privacy Policy.
9.1
Products may only be used in Ireland.
9.2
Sample kits will only be sent to addresses in Ireland and our laboratory will only process samples taken and posted within Ireland.
9.3
For certain tests, you may opt for the results only without any doctor’s comment or interpretation to accompany your results.
9.4
In these circumstances, you agree to share results outside the normal range with your GP or medical professional.
9.5
You agree that empowerDX shall not be liable in any way for your failure to comply with 0.0 above.
9.6
Certain tests require specific actions by the customer. Clear instructions will be provided if you order a test with specific sample requirements.
9.7
It is imperative that you follow any specific instructions carefully to ensure reliable test results.
9.8
If you do not follow these instructions, empowerDX will not be responsible for any impact to your results.
10.1
We respect the confidentiality of our customers and are committed to protecting it.
10.2
How we process your personal information is detailed in our Privacy Notice.
11.1.
While we endeavour to ensure the Site is accessible at all times, we accept no responsibility for the Site being inaccessible or unavailable at any time. We aim to ensure the Site is accurate at the time of publication, however, the Site or its features may change without notice and we may withdraw or amend the Site (or any part of it) or add or remove products and services without notice.
12.1
We will not be liable for any failure to perform, or any delay in performance of, any of our obligations under a contract that is cause by any act or event beyond our reasonable control.
12.2
Should an event outside of our control take place that affects the performance of our obligations under a contract:
12.2.1.
we will contact you as soon as possible; and
12.2.2.
our obligations will be suspended and the time for our performance extended for the duration of the event outside of our control.
12.3
You may cancel a contract affected by an event outside our control if it has continued for more than 30 days.
13.1
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under the Terms.
13.2
This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3
Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.1.
The Website Terms of Use, our Privacy Notice, these Terms of Service, and other consents and authorisations we may ask you to review and sign constitute the sole and entire agreement between you and empowerDX with respect to the Website Products and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
15.1
To You. We may provide any notice to you under these Terms by:
15.1.1.
sending a message to the email address you provide; or
15.1.2.
by posting to the Site.
15.2
Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
15.3
To Us. To give us notice under these Terms, you must contact us by:
15.3.1.
15.4
Notices provided by courier will be effective one business day after they are sent. Notices provided by registered post will be effective three business days after they are sent. Notices provided by email will be effective when the email is sent.
16.1
Please note that the Terms are governed by Irish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Irish law.
16.2
You and we both agree that the courts of Ireland will have exclusive jurisdiction.