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Terms and Conditions

    This page (together with the documents referred to on or in it) tells you information about us and the legal terms and conditions (Terms) on which we provide any of the services (Services) listed on our website (our site) to you.

    These Terms will apply to any contract between us for the provision of Services to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Services from our site, via fax, via post or by telephone.

    If ordering using our site, please click on the button marked "I Accept" prior to placing an order if you accept these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our site.

    If ordering by telephone, you will be asked to confirm you accept these Terms. If you refuse to accept these Terms, you will not be able to order any Services by telephone.

    If ordering via fax or post by placing an order you will be deemed to accept these Terms.

    You should retain a copy of these Terms for future reference.

    We amend these Terms from time to time as set out in clause 9. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.

    These Terms, and any Contract between us, are only in the English language.

    1. Information about us
      1. We operate the website www.dna-worldwide.com. We are DNA Legal Ltd, with the company number of 05976135 and VAT registration number of 308 2110 50 and with our registered office at Frome Business Park Unit G1, Manor Road, Frome, Somerset, BA114FN.
      2. We provide various services including human identity testing, genetic testing and ancestry testing.
      3. To contact us, please see our Contact Us page http://www.dna-worldwide.com/general-information/contact-us/
    2. Our Services
      1. Although we will make every effort to be as accurate as possible, given the nature of the Services, there is margin for error. We will use reasonable endeavours to ensure that the results produced are accurate and within published accredited confidence ranges.
      2. In the unlikely event that the Services result in incorrect analysis, we may, at our discretion, repeat the Services free of charge or refund your original payment.
      3. The information derived from the Services is for your sole use only. Any distribution to third parties is at your own risk and we accept no liability to any third party or to you resulting from such distribution.
      4. We make no representation, express or implied, that the results derived from the Services are fit for any particular purpose. Specifically, if you wish to use the results in any court proceedings we recommend you obtain independent legal advice before doing so.
      5. Any samples, drawings, descriptive matter, advertising or illustrations on our site are for the sole purpose of giving an approximate idea of the Services. They shall not form part of the Contract or have any contractual force.
      6. We will use all reasonable endeavours to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
      7. We have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we will notify you in any such event.
      8. We warrant that the Services will be provided using reasonable care and skill.
      9. All Services shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Services you have ordered are not available and we will not process your order if made.
    3. Your obligations
      1. You shall:
        1. co-operate with us in all matters relating to the Services;
        2. provide us with such information, samples and materials as we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects; and
        3. keep and maintain all materials, equipment, documents and other property of ours (Our Materials) in safe custody and in good condition until returned to us and not dispose of or use Our Materials other than in accordance with our instructions.
      2. If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Your Default) we shall have the right to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of our obligations to the extent that Your Default prevents or delays our performance of any of our obligations.
      3. You warrant that:
        1. you are legally entitled to possession of the samples you provide to us. We recommend you seek independent legal advice about your entitlement to take or obtain samples of biological material from persons other than yourself;
        2. you are not suffering from mental disorder (within the meaning of the Mental Health Act 1983) and are capable of understanding the nature and purpose of the test.
    4. Use of our site

    Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.

    1. How we use your personal information
      1. For the purposes of this clause, Personal Data has the meaning set out in section 1(1) of the Data protection Act 1998 and relates only to personal data, or any part of such personal data, of which we are the data controller and in relation to which we are providing Services.
      2. We shall process the Personal Data only to the extent that, and in such a manner, as is necessary for the performance of the Services and shall not process the Personal Data for any other purpose without your consent.
      3. Personal data may be used to asses treads, conduct research and develop reports for publication but all such data will be used anonymously.
      4. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
      5. We will retain all DNA samples for thirty years before destroying them.
      6. We will retain all results and other information for twenty four months from the date of production before destroying.
    2. If you are a consumer

    This clause 6 only applies if you are a consumer.

    1. If you are a consumer, you may only purchase Services from our site if you are at least 18 years old.
    2. As a consumer, you have legal rights in relation to Services that are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
    1. If you are a business customer

    This clause 7 only applies if you are a business.

    1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site or you telephone to purchase Services.
    2. These Terms, our Privacy Policy, Terms of Website Use and any other document referred to in these Terms constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our  or Terms of Website Use.
    1. How the contract is formed between you and us
      1. When using our site, our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
      2. After you place an order through our site, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 8.3.
      3. If ordering through our site we will confirm our acceptance to you by sending you an e-mail that confirms that the Services have been dispatched (Dispatch Confirmation).  The Contract between us will only be formed when we send you the Dispatch Confirmation.
      4. If we are unable to supply you with a Service, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
      5. Any order placed by fax or post constitutes an offer by you to purchase Services in accordance with these Terms. The Contract will be deemed to come into existence at the point and on the date when we issue a written acceptance of the order.
      6. Any quotation given by us shall not constitute an offer, and is only valid for a period of twenty working days from its date of issue.
    2. Our right to vary these terms
      1. We may revise these Terms from time to time in the following circumstances:   
        1. changes in how we accept payment from you; and 
        2. changes in relevant laws and regulatory requirements.
      2. Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
      3. Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of them.
    3. Your consumer right of return and refund

    This clause 10 only applies if you are a consumer.

    1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to proceed, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
    2. Your cancellation rights in relation to clause 10.1 are set out in clauses 10.3 to 10.10 below. However, these cancellation right do not apply in the case of any services which are clearly personalised (this includes home DNA testing kits as these are barcoded and customised for each customer).
    3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the testing kit have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the testing kit. Working days means that Saturdays, Sundays or public holidays are not included in this period.
    4. To cancel a Contract, please contact our Customer Services telephone line or e-mail us at info@dna-worldwide.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
    5. You will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 10.4. If you returned the Services to us because they were mis-described, please see clause 10.6.
    6. If you have returned the Services to us under this clause 10 because they are mis-described, we will refund the price of a defective Services in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
    7. We refund you on the credit card or debit card used by you to pay.
    8. If the testing Kit was delivered to you:
      1. you must return the Testing Kit to us as soon as reasonably practicable.
      2. you have a legal obligation to keep the Testing Kit in your possession and to take reasonable care of the Testing Kit while it is your possession.
    9. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
    10. As a consumer, you will always have legal rights in relation to Services that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
    1. Delivery
      1. The testing kit will be delivered by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
      2. Delivery will be completed when we deliver the product to the address you gave us.
      3. If no one is available at your address to take delivery, the delivery company will leave you a note in which case please contact them to arrange re-delivery or to collect the item from the local depot.
    2. No international delivery
      1. We deliver to all countries that accept deliveries (International Delivery Destinations). 
      2. If you order Services from our site and items require delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount. 
      3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
      4. You must comply with all applicable laws and regulations of the country for which the Services are destined.  We will not be liable or responsible if you break any such law.
    3. Price of Services and delivery charges
      1. The prices of the Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Service(s) you ordered, please see clause 13.4 for what happens in this event.
      2. Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
      3. The price of a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
      4. Our site contains a large number of Services. It is always possible that, despite our best efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
    4. How to pay
      1. Non Trade Account Customers:
        1. Payment for the Services is in advance.
        2. You can only pay for Services using a debit card or credit card, via PayPal or via bank transfer to our bank account:

    DNA Legal Ltd

    HSBC Banks, 24 Marketplace, Frome, BA11 1AJ

    Sort Code: 40-43-35

    Account Number: 7157 5880

    IBAN – GB06HBUK40433571575880

    SWIFT/BIC – HBUKGB4114P

    1. Trade Account Customers:
      1. If you have an invoice trade account with us, you shall pay each invoice submitted by us:
        1. unless otherwise notified by us (for example if the funding is via a Legal Aid Agency we may, at our discretion, extend the payment period), within 30 days of the date of the invoice; and
        2. in full and cleared funds to a bank account nominated in writing by us, and

    time shall be of the essence of the Contract.

    1. If you fail you fail to make any payment due to us under the Contract by the due date for payment, then you shall pay interest on the overdue amount at the rate of 4% per annum above HSBC Bank PLC’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment is made on the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
    2. You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may, without limiting our rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
    3. For matters subject to split invoicing by order of the court, you remain our customer and liable for all monies due to us pursuant to the Contract.
    4. You shall keep us indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses incurred as a result of or in connection with your failure to pay our invoices when due.
    1. Cancellation / Termination charges
      1. For Services requiring attendance by one of our nurses, at least 6 days notice of a cancellation is required. If the appointment is cancelled less than 2 working days in advance, the full amount is chargeable. If the appointment is cancelled less than 5 days in advance a fee may be chargeable of £75.
      2. In addition to your right cancellation rights if you are a consumer set out in clause 10, all customers have the following cancellation rights:
      3. Home Testing
        1. If you have ordered a Home Test then you have seven working days from the date on which the Company accepts your order, to cancel the Contract without cause subject to a £25 admin fee, upon serving a written notice of cancellation upon the Company provided no testing has started. DNA Worldwide offer a sliding refund scale shown below:
          1. Within 7 Days and testing not started - 100% Refund minus shipping and £25 Admin Fee;
          2. 7 - 20 Days and testing not started - 50% Refund minus shipping;
          3. More than 21 days, if samples have been received or testing started - No Refund.
        2. On cancellation for whatever reason you must return the Kits the Company has delivered to you in the pre-paid envelope provided within 7 days of cancellation. You must keep the Kit in your possession prior to its return to the Company and in good condition.
      4. With Legal Testing a £75-£120 case fee plus shipping charges and appointment fees will apply if the test is cancelled after the case has been set up on our system, provided the samples have not been received by our company.
        1. Within 7 Days and testing not started - Part Refund minus £75 Admin Fee, Shipping and any appointment fees
        2. 7 - 20 Days and testing not started - Part Refund minus £120 Admin Fee, Shipping and any appointment fees
        3. More than 21 days, if samples have been received or testing started - No Refund
    2. Our liability if you are a business

    This clause 16 only applies if you are a business customer.

    1. Nothing in these Terms limit or exclude our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).or
      5. defective goods under the Consumer Protection Act 1987.
    2. Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill; or
      6. any indirect or consequential loss.
    3. The terms implied in sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract
    4. Subject to clause 16.1 and clause 16.2 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £500.
    5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
    1. Our liability if you are a consumer

    This clause 17 only applies if you are a consumer.

    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. We only supply the Services to consumers for domestic and private use. You agree not to use the Service for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    1. Events outside our control
      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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2. 
      2. An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
        1. we will contact you as soon as reasonably possible to notify you; and
        2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    2. Communications between us
      1. When we refer, in these Terms, to "in writing", this will include e-mail.
      2. If you are a consumer:
        1. To cancel a Contract in accordance with your legal right to do so as set out in clause 10, please contact our Customer Services telephone line or e-mail us at info@dna-worldwide.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
        2. If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to DNA Legal Frome Business Park Unit G1, Manor Road, Frome, Somerset, BA114FN or via e-mail at info@dna-worldwide.com. You can always contact us using our Customer Services telephone line.
      3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
      4. If you are a business, please note that any notice given by you to us, or by us to you, 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
    3. Other important terms
      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 these Terms.
      2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
      3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
      4. Each of the paragraphs of these 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.
      5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
      6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
      7. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.