Our terms for personalised products

1. These terms

• 1.1 What these terms cover. These are the terms and conditions on which we supply physical products to you.
• 1.2 Why you should read them. 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. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

• 2.1 Who we are. We are Living DNA Limited, a company registered in England and Wales. Our company registration number is 10221519 and our registered VAT number is GB 248 2728 84. Our registered office is at 4 King Square, Bridgwater, Somerset, United Kingdom, TA6 3YF and our principal office and correspondence address is Unit G1, Frome Business Park, Manor Road, Frome, Somerset, BA11 4FN. We are referred to as ‘we’ or as ‘Living DNA’ in these terms.
• +44 (0) 203 823 6002, by emailing us at help@livingdna.com or by writing to us at Unit G1, Frome Business Park, Manor Road, Frome, Somerset, BA11 4FN.
• 2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order, or held on your Living DNA account.
• 2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms,this includes emails.

3. Our contract with you

• 3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract for the supply of products will come into existence between you and us. This contract is separate, and additional to any contract that you may have with us for your DNA test, or Living DNA account, or for the provision of services such as ancestry reports.
• 3.2 If we cannot accept your order. 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
• 3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products

• 4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours
• accurately reflects the colour of the products. Your product may vary slightly from those images.
• 4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

• 5.1 Because our products are personalised using your (or a specified person’s) DNA, it is not possible for you to make any changes to any products nor to cancel an order because you have changed your mind after an order has been confirmed, and you do not have any rights to cancel an order other than for the reasons explained in Clause 8.1 of these Terms.
• 5.2 If you wish to make changes such as to the delivery address, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to delivery costs, and the timing of supply or anything else which would be
• necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Refunds on personalised products

The merchandise we sell is customized to your order and your results, therefore we are unable to provide a refund once the production of an item has started.

• 6.1 Because our products are personalised using your (or a specified person’s) DNA, it is not possible for you to make any changes to any products nor to cancel an order because you have changed your mind after an order has been confirmed, and you do not have any rights to cancel an order other than for the reasons explained in Clause 9.1 of these Terms.
• 6.2 If you wish to make changes such as to the delivery address, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to delivery costs, and the timing of supply or anything else which would be
• 6.3 necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change

7. Our rights to make changes

We may change the product:

• (a) to reflect changes in relevant laws and regulatory requirements; and
• (b) to implement minor adjustments or improvements
• (c ) in a more significant way, but if we do, we will inform you, and give you the option of either continuing with your purchase, or receiving a refund.

8. Providing the products

• 8.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
  
• 8.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
• 8.3 We are not responsible for delays outside our control. If our supply of the products 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.
• 8.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery agent will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
• 8.5 If you do not re-arrange delivery. If you do not collect the products from our delivery agent as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our/our delivery agent’s reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel your order, and clause 9.1 will apply.
• 8.6 Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract to purchase products as at an end straight away if any of the following apply:
• (a) we have refused to deliver the products;
• (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
• (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
• 8.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract to purchase goods through us as at an end if we do not meet the new deadline.
• 8.8 Cancelling your order for late delivery. If you do choose to cancel your order for late delivery under clause 8.6 or clause 8.7, you can cancel your order for any of the products not yet received, or reject products that have been delivered. If you wish, you can reject or cancel the order for some products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please email us at help@livingdna.com for a return label or to arrange collection.
• 8.9 When you become responsible for the products. A product you have ordered will be your responsibility from the time we deliver the product to the address you gave us.
• 8.10 When you own the products. You own a product you have ordered once we have received payment in full.
• 8.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
• (a) deal with technical problems or make minor technical changes;
• (b) update the product to reflect changes in relevant laws and regulatory requirements;

9. Your rights to end the contract between us for the purchase of products

• 9.1 You may be able to end your contract with us, i.e. cancel your order. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it:
• (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11.2;
• (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2 ;
• (c) If you have just changed your mind about the product: you cannot cancel your order because our products are personalised using your (or a specified person’s) DNA.
• 9.2 Ending the contract/cancelling your order because of something we have done or are going to do. If you are ending the contract to buy products from us for a reason set out at (a) to (d) below the contract will end immediately/your order will be treated as cancelled and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
• (a) we have told you about an upcoming material change to the product or these terms, and you do not agree to it (see clause 6 (c));
• (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
• (c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
• (d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 8.8 ).
• How to end the contract with us
• 9.3 Tell us you want to end the contract (i.e. cancel your order). To end the contract with us, please let us know by doing one of the following:
• (a) Email. Email us at help@livingdna.com . Please provide your name, home address, details of the order and, where available, your phone number and email address.
• (b) Online. Complete the form which is available on our website, https://www.livingdna.com/cont... .
• 9.4 When we will pay the costs of return. We will pay the costs of return:
• (a) if the products are faulty or misdescribed;
• (b) if you are ending the contract because we have told you of a material upcoming change to the product 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; or
• 9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
• 9.6 When your refund will be made. We will make any refunds due to you as soon as possible.

10. Our rights to end the contract (i.e.cancel your order)

• 10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you ifyou do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

11. If there is a problem with the product

• 11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0203 424 3482 or write to us at hellp@livingdna.com
• 11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. A summary of your legal rights in relation to the product can be found at Nothing in these terms will affect your legal rights.
• Summary of your key legal rights
• This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
• a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
• b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
• c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to
• some money back.

12. Price and payment

• 12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages of our website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
• 12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of
• VAT takes effect.
• 12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. [If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.]
• 12.4 When you must pay and how you must pay. We accept payment using the credit and debit cards listed on our order page and PayPal. We may also accept payment using Browser Pay. Refer to our order page to check what payment options are available at the time you place your order. We will take payment at the time that you place your order.

13. Our responsibility for loss or damage suffered by you

• 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
• 13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987
• 13.3 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.

14. How we may use your personal information

• 14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Statement.

15. Ownership of data and designs

• 15.1 We own our designs. We own all rights including the copyright in our product designs and the images and text/designs which appear on our products. You may not copy or reproduce any product or design or text or image on any product.
• 15.2 We use your DNA data to generate the product which you order from us, using the designs which we own. You grant us the right to use your DNA data in order to produce the product which you order from us, and to retain copies as needed for our records.

16. Other important terms

• 16.1 We may transfer this agreement to someone else. 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.
• 16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
• 16.3 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
• 16.4 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.
• 16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
• 16.6 Which laws apply to this contract and where you may bring legal proceedings. 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 the European Union, you can bring legal proceedings in respect of the products in either the country or jurisdiction in which you live or the English courts.