Terms of service
The Durham Genome Centre Ltd (trading as “Chxhealth®”)
Company details
Company name: The Durham Genome Centre Ltd (the “Company”)
Trading/brand: Chxhealth® (owned by The Durham Genome Centre Ltd)
Company number: 08951116 (England & Wales)
Registered office / principal place of business: The Durham Genome Centre, Park House, Station Road, Lanchester, Durham, Co. Durham, DH7 0EX
Contact: Kindly complete the contact form on our website
1. Definitions and Interpretation
1.1 In these Conditions, unless the context otherwise requires:
- “Company”: The Durham Genome Centre Ltd (company number 08951116), whose registered office is at The Durham Genome Centre, Park House, Station Road, Lanchester, Durham, Co. Durham, DH7 0EX. The Company operates the Chxhealth® brand for consumer and business customers.
- “Conditions”: these conditions of sale/supply.
- “Contract”: your Order and the Company’s acceptance of it under Clause 2.2.
- “Force Majeure”: any event or circumstance beyond the reasonable control of the Company that prevents or delays performance.
- “Intellectual Property Rights”: all intellectual property rights (registered or unregistered) including patents, copyrights, database rights, trade marks, designs, rights in software and confidential information, and all similar or equivalent rights anywhere in the world.
- “Kits”: sampling kits supplied by the Company for collection of blood and/or urine, including any phlebotomy or sample return components.
- “Order”: your order for Services as set out in your purchase order, online checkout, or written acceptance of the Company’s quotation.
- “Project Report”: the final results/report provided to you by the Company.
- “Services”: the Company’s health testing services using blood and/or urine samples (including provision of Kits, coordination of sample collection, laboratory analysis and reporting) as offered from time to time.
- “you” / “Customer”: the natural person or legal entity placing an Order.
1.2 In these Conditions: (a) references to Clauses are to clauses of these Conditions; (b) a person includes a natural person, corporate or unincorporated body; (c) headings are for convenience and do not affect interpretation; and (d) references to statutes include amendments, re‑enactments and subordinate legislation.
1.3 These Conditions apply to consumers and business customers (including charities/NGOs). Where a clause is stated to apply to consumers only or businesses only, it shall be interpreted accordingly.
2. Conditions
2.1 These Conditions apply to and govern the Contract to the exclusion of any terms you seek to impose or incorporate, or which are implied by trade custom, practice or course of dealing.
2.2 Your Order is an offer to purchase the Services. Acceptance occurs only when the Company:
2.2.1 issues a written (including email) acknowledgement/acceptance; or
2.2.2 commences performance of the Services (e.g., dispatches a Kit or schedules phlebotomy).
2.3 Any samples, drawings, descriptive matter or advertising are for general information only; they do not form part of the Contract.
2.4 Any quotation is not an offer and is valid for 20 Business Days from its date of issue unless withdrawn earlier.
3. Services
3.1 You agree to purchase and the Company agrees to provide the Services in accordance with these Conditions.
3.2 The Company will perform the Services:
3.2.1 with reasonable care and skill;
3.2.2 within the indicative turnaround time stated on the relevant product page or Order confirmation (time not being of the essence), and in any event within 6 months of receiving properly collected samples; and
3.2.3 in accordance with applicable industry practice.
3.3 The Services will be carried out by suitably competent personnel and/or accredited partners.
3.4 The Company may divide the Services into parts or stages as it reasonably determines. Unless agreed otherwise in writing, the Contract is non‑severable.
3.5 Results reflect only the sample(s) provided at the time and date collected. The Project Report (and any interim results) is not a substitute for medical diagnosis or treatment. Where appropriate, results are reviewed and/or generated only for the purpose of producing your results. You may of course share these data with clinicians, nutritionists, coaches or whoever you see fit (see Clause 12).
3.6 The Company may issue interim results before the final Project Report.
4. Your Obligations
4.1 You shall:
4.1.1 co‑operate with the Company;
4.1.2 provide accurate, complete information the Company reasonably requires;
4.1.3 follow all Kit instructions and any phlebotomy guidance;
4.1.4 ensure your Order details are complete and accurate;
4.1.5 where relevant, provide safe access to your premises;
4.1.6 obtain and maintain any required consents/permissions (including ensuring that samples are lawfully obtained and that any person providing a sample has capacity and has given valid consent); and
4.1.7 keep any Company materials at your risk, in good condition and as instructed.
4.2 If your act/omission delays the Services, the Company is not liable for resulting costs or delays.
4.3 You shall indemnify the Company for reasonable losses arising from your fraud, negligence or breach of these Conditions (subject to Clause 10).
5. Charges and Payment
5.1 Prices are as listed at checkout or as quoted. Consumer prices are inclusive of VAT; business prices are exclusive of VAT (charged at the prevailing UK rate).
5.2 Consumers: payment is due at checkout or as otherwise stated.
Businesses: invoices are payable in full within 15 days of invoice date unless otherwise agreed in writing.
5.3 If you fail to pay on time, the Company may:
5.3.1 charge interest at 4% per annum above the Bank of England base rate, accruing daily and compounding quarterly; and/or
5.3.2 suspend the Services until all sums are paid.
(For business debts, the Company may alternatively charge interest and fixed sums under the Late Payment of Commercial Debts (Interest) Act 1998.)
5.4 The Company may set off sums owed by you against sums owed to you.
5.5 If there is a material increase in costs (e.g., laboratory inputs), the Company may vary prices on notice; you may cancel prior to fulfilment if you do not accept the change.
6. Consumer Cancellations (Online/Distance Sales)
6.1 This Clause applies only to consumers. You have a statutory right to cancel most online purchases within 14 days of delivery of the Kit (or of Contract formation for services), under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
6.2 Exceptions: your right to cancel may be lost or reduced where:
(a) you unseal a Kit that is not suitable for return for health protection or hygiene reasons;
(b) you explicitly request the Company to begin the Service during the 14‑day period and the Service is fully performed (e.g., your sample is analysed); or
(c) any other statutory exception applies.
6.3 If you cancel within 14 days and no analysis has begun, you must return any unopened Kit(s) within 14 days of cancellation. We may deduct any diminished value caused by unnecessary handling.
6.4 To cancel, please notify us through our contact us form with your order details. We will confirm receipt and next steps. Refunds will be made within 14 days of (i) our receipt of returned goods, or (ii) your cancellation for services not provided.
6.5 Business customers: see Clause 6.6.
6.6 Business‑only cancellation: where agreed in writing, you may cancel within 7 Working Days of acceptance; we may charge an administration fee and the cost of any work already undertaken. Sealed Kits must be returned unopened and in saleable condition within 14 days.
7. Disclaimers
7.1 The Project Report (and any interim report) is provided for information and is not a medical diagnosis or treatment plan. You should seek professional medical advice before taking or refraining from any action based on results, unless you have been expressly advised by a qualified clinician.
7.2 The Company assumes you have followed all Kit instructions and that samples were not contaminated prior to receipt. The Company is not responsible for pre‑receipt contamination, collection errors, or delays outside its control.
7.3 Nothing in this Clause limits your statutory rights under the Consumer Rights Act 2015 (for consumers) or the Company’s obligation to exercise reasonable care and skill.
8. Delivery (Kits and Reports)
8.1 You must provide accurate delivery/contact details.
8.2 The Company will dispatch Kits within 30 days of Order acceptance (usually much sooner). Delivery times are estimates only.
8.3 Risk in Kits passes to you on delivery. Results/Reports are delivered electronically unless otherwise agreed.
9. Confidentiality
9.1 The Company will keep confidential the subject matter of the Contract, samples, interim results and the Project Report, subject to Clauses 9.2 and 12.
9.2 The Company may disclose confidential information:
9.2.1 to its employees, professional advisers, subcontractors, laboratory partners and trusted clinicians who need to know it solely to perform the Services and generate your results (each under confidentiality obligations); and
9.2.2 where required by law, regulation or court order.
9.3 No research use without consent: The Company will not use your identifiable samples or data for research or biobanking unless you have given your explicit consent. (See also Clause 15 on sample retention.)
10. Limitation of Liability
10.1 Nothing in these Conditions limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot legally be limited (including certain consumer rights under the Consumer Rights Act 2015).
10.2 Subject to 10.1, the Company’s total liability arising out of or in connection with the Contract shall not exceed the price paid for the relevant Order.
10.3 Subject to 10.1, the Company is not liable for: loss of profits; loss of sales or business; loss of agreements; loss of anticipated savings; loss or corruption of data; loss of goodwill; or any indirect or consequential loss.
10.4 You must notify the Company in writing of any claim within 3 months of becoming aware (or when you ought reasonably to have become aware) of the event giving rise to the claim.
10.5 This Clause survives termination.
11. Intellectual Property Rights
11.1 All Intellectual Property Rights in or arising from the Services (excluding your pre‑existing materials) belong to the Company.
11.2 The Company grants you a non‑exclusive, royalty‑free licence to use the Project Report for your personal use (if a consumer) or internal business purposes (if a business).
11.3 You must not sublicense or transfer this licence.
11.4 You grant the Company a non‑exclusive, royalty‑free licence to use materials you supply solely to perform the Services.
12. Data Protection (UK GDPR & DPA 2018)
12.1 The Company will process personal data (including special category data, such as health data) in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018.
12.2 Purpose and lawful basis: we process your personal data to perform the Contract (Article 6(1)(b) UK GDPR). Health data is processed with your explicit consent (Article 9(2)(a)) and/or for healthcare/diagnosis by or under the responsibility of a health professional subject to professional secrecy (Article 9(2)(h)), as applicable.
12.3 Sharing: We share your data only with (a) our trusted clinicians, (b) accredited laboratories and service providers involved in your testing, and (c) platform providers (e.g., Shopify) to operate the Services—solely for the purpose of generating and delivering your results or operating our Services. We do not sell your data.
12.4 International transfers (if any) will be subject to appropriate safeguards. See our Privacy Policy for full details of retention periods, your rights, and contact information for data protection queries.
12.5 We may conduct credit checks for business accounts.
13. Termination
13.1 Either party may terminate on 7 days’ written notice where permitted by law.
13.2 Either party may terminate immediately if the other commits a material breach and fails to remedy within 14 days of notice; becomes insolvent; or ceases (or threatens to cease) substantial operations.
13.3 The Company may suspend or terminate if you fail to pay when due or if a change of control occurs that, in the Company’s reasonable opinion, impacts performance.
14. Consequences of Termination
14.1 On termination/expiry:
14.1.1 you must pay all sums due immediately; and
14.1.2 you must return all Company materials and any unpaid Project Reports on request.
14.2 Rights and obligations intended to survive termination shall do so.
15. Samples (Human Tissue Act 2004)
15.1 You warrant that you are legally entitled to provide the sample(s) and that where DNA testing is concerned, you have obtained a valid consent in accordance with the Human Tissue Act 2004 and any other applicable law.
15.2 Unless you request otherwise (and we agree), the Company may retain samples for up to 3 months after the Project Report is issued and associated records for up to 12 months for quality assurance and audit. Thereafter, samples may be securely destroyed. Longer retention or sample return may be agreed for a reasonable fee.
15.3 Samples will not be used for research or biobanking without your explicit consent (see Clause 9.3).
16. Force Majeure
The Company is not liable for delay or failure caused by Force Majeure. Time for performance will be extended for a reasonable period.
17. General
17.1 Waiver: No failure or delay to exercise a right is a waiver of it.
17.2 Notices:
- To the Company: at the registered office above via email.
- To you: at the postal or email address you provided.
Notices are deemed received: (a) on delivery if by hand during Business Hours; (b) at 9.00 a.m. on the second Business Day after posting first‑class recorded; or (c) at the time of sending if by email during Business Hours (otherwise at 9.00 a.m. next Business Day).
17.3 Entire Agreement: The Contract is the entire agreement and supersedes prior statements, save for fraud.
17.4 Variation: Only effective if in writing and signed/authorised by both parties.
17.5 Relationship: Independent contractors; no partnership, agency, or employment created.
17.6 Third‑Party Rights: No third party has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Conditions.
17.7 Severance: If any part is invalid, the remainder continues in force. The parties shall negotiate a lawful replacement provision.
17.8 Assignment: The Company may assign or subcontract its rights/obligations. You may not assign without our prior written consent.
17.9 Governing Law and Jurisdiction: These Conditions and any dispute are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Nothing limits consumers’ ability to bring claims in the UK jurisdiction where they live if required by mandatory law.
17.10 Statutory Rights: For consumers, nothing in these Conditions affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer law.
18.Chargebacks & Disputed Payments
18.1 Reporting Issues to Us First
If you experience any issue with your order, you agree to contact us directly in the first instance so we can investigate and resolve the matter promptly. Most issues can be resolved quickly through our customer support team.
18.2 Our Evidence Requirements
We maintain detailed records to demonstrate fulfilment of all orders, including (where applicable):
Delivery tracking confirmations
Courier delivery scans or GPS‑verified delivery data
Time‑stamped service logs
Photographic dispatch or packaging evidence
Email and account‑based communication records
We reserve the right to submit this evidence to your card provider if a payment is disputed.
18.3 Chargeback Investigations
If you raise a chargeback, your card issuer will investigate the dispute according to their own scheme rules (e.g., Visa, Mastercard). Chargeback is not a legal right under UK law, and outcomes depend on card‑network rules.
We will fully cooperate with the investigation and provide evidence where the goods or services have been correctly supplied.
18.4 Incorrect or Unfounded Chargebacks
Where our evidence shows that:
the goods or services were delivered as described,
or the claim made to the card provider was factually incorrect,
we may challenge the chargeback through the appropriate card‑scheme process.
Important:
We do not impose penalty fees or automatic charges for disputed payments, as such terms may be considered unfair in consumer contracts under UK law.
However, we will take steps available under the applicable payment network rules to recover funds for fulfilled orders.
18.5 Fraudulent Activity
Where we have reasonable grounds to believe a dispute was raised fraudulently (e.g., false claim of non‑delivery, misuse of refund mechanisms), we reserve the right to:
Suspend or close your customer account; and
Report suspected fraud to the relevant payment provider or authorities
Upon dispatch or completion of service, we may obtain delivery confirmation, signature evidence (where required), time‑stamped logs, or equivalent proof. By placing an order, you acknowledge that such evidence may be used to demonstrate fulfilment in any payment dispute.
Date last modified: 04 March 2026
19. Contact
The Durham Genome Centre Ltd (Chxhealth®)
The Durham Genome Centre, Park House, Station Road, Lanchester, Durham, Co. Durham, DH7 0EX
Email: Please use the contact page on our website