Terms and conditions

TERMS AND CONDITIONS OF SERVICE (ALPHA BIOLABORATORIES RETAIL LTD)

1. Where to find information about us and our services

You can find everything you need to know about us, Alpha Biolaboratories Retail Limited (us/we/our), our policies, privacy statement and our services on our website www.alphabiolabs.ie before you place an order for our services. We also confirm the key information to you before you order, either by email, over the phone, or on paper (depending on how you place your order with us).

2. We only accept orders once we’ve checked them

Once your order has been placed, we will contact you (usually by email) to confirm that we have received your order.

3. We may require additional information from you

We may require you to provide us with additional information before we are able to accept your order. For example, where the services are being provided under the direction of a court, tribunal or other quasi judicial body we may ask you to provide us with a copy of a relevant court order or similar documentation (together with a copy of any Legal Aid for DNA Profiling Paternity Service where applicable, including the relevant solicitor’s Legal Aid Board Contract Number).

4. Sometimes we reject orders

Sometimes we reject orders where we do not have enough information to provide the services to you. For example, we may reject orders where we can’t verify your age or your identity, or that you have parental responsibility for a minor who will be the subject of the services, because you are located outside Ireland or because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid to us relating to those rejected services in accordance with these terms.

5. Providing the services and Testing Products

The services will be provided with reasonable skill and care.

All Testing Products and other products/goods provided to you under or in connection with the services shall be as described, fit for purpose and of merchantable quality.

Our scientific procedures are fully validated in accordance with our Quality Management System, to ISO 17025* and/or Certification to ISO 9001.  We are a UKAS accredited testing laboratory No 2773. Note: Sample collection is outside the scope of accreditation ISO 9001.

We will only provide you with the services requested. For example, where we have been requested to provide a DNA profile, we are under no obligation to report any additional information we obtain as a result of performing such services (for example, drug/alcohol biomarkers etc.).

You acknowledge that, in some instances owing to data protection and privacy regulations where the fees are paid for by you but relate to testing services relating to another person, we may be unable to provide you with copies of the results of the services. Where this is the case, we will use reasonable endeavours to notify you of the same in advance of the provision of the services.

6. We are allowed to make changes to the services and/or Testing Products

We may make changes to the way in which services are delivered to you where we deem it reasonably necessary in order to comply with applicable law, regulatory requirements or in the interests of health and safety, or to otherwise make minor technical adjustments and improvements.

In exceptional situations, we may also engage subcontractors to perform the services for and on our behalf. Where we do so, we will only engage subcontractors as described in our privacy policy Privacy | AlphaBiolabs Ireland and will remain liable for the acts and omissions of those subcontractors as if they were our own acts and omissions.

We can also make the following types of change to the service or these terms, but if we do so we’ll notify you and you can then contact us via email at support@alphabiolabs.com to end the contract before the change takes effect and receive a refund for any services you’ve paid for in advance, but not received:

• Changes in price;
• Changes in timing of delivery of the services;
• Changes of the scope of the services provided;
• The manufacturer/type of Testing Products ordered.

7. We require certain information from you to perform the services

We are under no obligation to perform the services or deliver the Testing Products to you where we do not have information that we require. Such information includes that which we are required to receive and collect prior to delivery of the services under applicable law (including, but not limited to, information required under the, the Data Protection Act 2018, and all other applicable statutes, regulations, and guidelines as issued and amended from time to time). Such information may include:

• Your personal information (such as name, date of birth, address);

• Your contact details (such as your email address, postal code and delivery address, phone number etc);

• Your express consent to collect and process special category data (such as genetic data or medical data or data relating to your gender, ethnicity, nationality, family status, age, religion (or lack thereof), sexual orientation, disability or membership of the Travelling community) for the purposes of delivering the services to you;

• Where you are providing consent on behalf of a minor (or other person lacking legal capacity to consent), formal and demonstrable evidence that you are legally entitled to consent for and on behalf of that person (for example, by providing us with evidence of you having parental responsibility for the child, certification of legal guardianship, interim care order, or other such information as we reasonably request from you). NB: When providing consent for the services relating to a Sample, it is an offence to impersonate, or assist in the impersonation of, another person for that purpose; or

• Where you are consenting to the provision of services in respect of a post-mortem Sample, suitable evidence to establish that you have the right to consent to the same.

8. All tests carry a risk of uncertainty

You acknowledge that each test is subject to a ‘cut-off level’, meaning that if a Sample tests below the relevant ‘cut off level’, a negative test result will be provided.

Further, due to scientific and technical limitations, there is always level of uncertainty as to the accuracy of test results provided.

The various uncertainty % and minimum ‘cut off levels’ for each type of testing service can be seen in Schedule 1 of our testing schedules. 

Where appropriate, we work to Society of Hair Testing and European Workplace Drug Testing recommendations.

9. We will not be responsible for test results where incorrect / insufficient information has been provided.

It is important that you provide all relevant information to us prior to us carrying out any testing services. Any failure to do so may result in a delay in the provision of services, or otherwise in an inconclusive or false test result, for which we do not provide any warranty. In particular, you acknowledge that we will not be responsible for incorrect and/or incomplete test results or any delay in services in the following circumstances:

• you fail to disclose to us any known genetic anomaly or abnormality relating to the subject of the Sample when submitting that Sample for analysis;

• you fail to disclose to us the fact that the subject of a Sample has undergone/received a bone marrow transplant;

• we discover a previously unknown genetic anomaly during the course of testing;

• we reasonably believe that a Sample provided by you belongs to a person other than the person specified to be the subject of the Sample
• you fail to follow our instructions (as set out below) in a timely manner;

• the Sample produces an inconclusive or false result due to individual biological anomalies of the subject (for example, where the growth rate of a subject’s hair is outside the norm, or where the Sample has an inadequate uptake of metabolites, or where the Sample contains hair dyes, bleaching agents or other substances which reduce (or increase) the detectible level of metabolites in the Sample); or

• you fail to provide to us additional Sample(s) when reasonably requested.

10. You must follow all given instructions when collecting, storing and transporting a Sample

It is important that all Testing Products and Samples are used and collected, stored and transported in accordance with the instructions provided to you by us. Where the use of the Testing Product or collection, storage or transportation of a Sample does not follow our instruction, you acknowledge that:

• we do not warrant the accuracy or suitability of any testing results provided to you;
• we will not be responsible for the delay in providing any testing results to you; and
• you will not be entitled to any refund in respect of those services.

All instructions are as provided below or are as provided to you either in writing by us or as contained on/within the relevant testing product packaging. If you are in any doubt as to how best to use the testing product or to collect a Sample, please contact us via email at support@alphabiolabs.com or call us on 01 402 9466.

In particular, you must pay particular attention to the following:

• Hair and nail samples must be kept dry and stored in the dark and at room temperature.

• Oral fluid samples must be collected in an oral fluid collection device and delivered to the laboratory promptly. Samples that are more than 7 days old will not be analysed, unless it is a B sample submitted for a non-quantitative analysis.

• Urine samples must be delivered to the laboratory promptly and must be received at the laboratory for refrigeration within a maximum of 5 days. Samples that are received after this time will not be analysed. Urine samples received at the laboratory are refrigerated but will not be analysed if they are more than 10 days old in total, unless it is a B sample submitted for a non-quantitative analysis.

• For health testing all samples must be returned to the laboratory promptly to ensure that the sample hasn’t degraded during transport. Blood samples must be received at the laboratory within 5 days of sample collection. COVID-19 PCR samples, buccal swabs, blood samples on Whatman FTA or Protein Saver cards, urine, vaginal swab, and genital lesions samples must be received at the laboratory within 7 days of sample collection. If samples are improperly stored or transported the samples may not be suitable for analysis.

• For DNA testing, the incorrect collection, storage or transport of samples may have a detrimental impact on the condition of the sample meaning it may not be possible to obtain a full DNA profile for analysis.

• Buccal swabs must be kept dry and stored in a sample envelope at room temperature – samples must be analysed within 12 months of collection. Toothbrush and nail samples must also be kept dry, in sample envelopes and at room temperature until analysis; other viability samples may have different storage conditions which should be agreed with the customer before transport. Viability samples should be processed promptly to avoid degradation. Prenatal blood samples (collected in STRECK BCT) must remain at room temperature (6-30°C) and must be returned to the laboratory promptly; samples can begin to deteriorate after 1 week and cannot be analysed if they are more than 2 weeks old.

11. Your consumer rights

By law, the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please contact us.

The key information we give you by law forms part of this contract (as though it is set out in full here).

If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

If you think the services have not been provided with reasonable skill and care and/or that the Testing Products or other products/goods provided to you under or in connection with the services are not as described, fit for purpose or of satisfactory quality, you have certain legal rights  including under the Consumer Rights Act 2022 (the ‘Act’).

If there is something wrong with the services or Testing Products, you must contact us via support@alphabiolabs.com or 01 402 9466 as soon as reasonably practicable.

For detailed information please visit the Citizens Advice website www.citizensinformation.ie.

12. Fees and payment

The fees due for any delivery of service will be prominently displayed prior to you placing your order. Unless we otherwise agree in advance, we must be in full receipt of payment prior to deliver of any services to you.

Any quoted fees are subject to change at our sole discretion until we have accepted your order for services.

Fees must be paid via online card payment or, where agreed in writing, bank transfer and paid in advance prior to delivery of the services (unless otherwise agreed). Where we have agreed to allow the fees to be paid following delivery of the services, or in instalments, you must provide us with relevant debit/credit card details prior to delivery of the services and you hereby authorise us to charge the relevant instalments at the times and on the date that we have agreed with you in advance.

You shall have no right to withhold any fees payable because of any set-off, counter-claim, abatement, or other similar deduction.

If you otherwise have any queries regarding invoices, please contact us via email to Finance@alphabiolabs.com and we will help you where we can.

13. Price match promotions

We may offer price match promotions from time to time. Any price matching promotion is subject to you providing us with a written quotation issued by an ISO 17025 accredited company relating to a fully inclusive, like-for like service. Our agreement to match pricing in respect of a service is subject always to our written confirmation relating to your specific order, and is at our discretion at all times. We may choose to withdraw any offer to price match at any time.

14. Delivery

Quoted delivery times are approximate only and time for delivery is not of the essence. However, we are required to ensure that the services and Testing Products are delivered to you within a reasonable period of time from acceptance of the order for the same.

We will endeavour to deliver within the timeframes provided to you subject to the below:

• For “Same Day” service delivery of DNA relationship testing, all samples must be received prior to 10.30am of the first working day. The service delivery of cases for which this criterion is not met shall be counted from the following working day (Please note, this does not include weekends);
• For “Next Day” service delivery of DNA relationship testing, all samples must be received prior to 10.30am of the first working day. The service delivery of cases for which this criterion is not met shall be counted from the following working day (Please note, this does not include weekends);
• For all other services, all samples must be received prior to 10.30am of the first working day. The service delivery of cases for which this criterion is not met shall be counted from the following working day (Please note, this does not include weekends or public holidays).

15. Cancellation and refunds

Where you wish to cancel your order, you may do so at any time within 14 days following our acceptance of your order by notifying us in writing by email at support@alphabiolabs.com  or by calling us on 01 402 9466 (Cancellation Request). Please ensure that all Cancellation Requests include your name, date of birth and order number, as we may not be able to provide you with a refund if this information is missing.

Where we are unable to deliver services to you and have promised to do so (for example, if we are unable to provide a sample collector at the times and dates, or location, that you have requested at the time of placing your order, or where you have failed to pay the fees due or have failed to provide relevant information to us within a reasonable period of time), we may cancel your order and issue you with a full refund.

Please note that the following exclusions apply:

• You will lose the right to cancel your order and receive a refund where any testing kits or products sealed for hygiene or health safety reasons (Testing Products) have been opened or otherwise used by you for the purpose of collecting a test sample (Sample), or where the provision of services has already commenced;

• Where you wish to cancel your order after we have dispatched a testing product(s) to you, you may be entitled to do so provided the Testing Product has not been opened or used by submitting a Cancellation Request to us within 14 days of us accepting your order;

• Where you have returned a Sample to us for the purpose of us conducting prenatal testing services but submit a Cancellation Request to us before any testing services have commenced, you will be entitled to receive a refund of 50% of the fees paid in respect of that Sample.

Where you submit a Cancellation Request, you must return all Testing Products to us within 14 days at your own cost.  The indicative associated costs of returns are as follows (although note that these costs are estimates only and are subject to change):

• Return of prenatal testing kits – €95
• Return of non-prenatal testing kits – €35

Refunds will be given as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment.

16. Test specific terms: Prenatal paternity/ gender testing

Where you have requested prenatal paternity and/or gender testing services, please note the following:

• Whilst we will use reasonable endeavours to provide a conclusive test result, scientific and technical limitations mean that this is not always possible;

• We will reperform the test at our own cost in the following circumstances:
  • an inconclusive prenatal test result is provided;
  • you are receiving the test as a private individual;
  • you are at least 12 weeks gestation;
  • the test is not being carried out under the mandate or order of a court (or otherwise as mandated under statute or other applicable law); and
  • you have collected the Sample correctly in accordance with our written instructions.

If, after the test has been performed three times and an inconclusive result persists, you will be entitled to receive a full refund in respect of the services (exclusive of the sample collection costs).

Where you have submitted a Cancellation Request in respect of a test, you must return the testing kit to us, at your own cost, within 14 days of you submitting that Cancellation Request.

17. Test specific terms: non-invasive pre-natal (NIPT) screening to detect chromosomal abnormalities in foetal cell-free DNA

This is a screening test used to detect chromosomal abnormalities in foetal (placental) cell-free DNA. The Standard NIPT test screens for Trisomy 21 (Down’s syndrome), Trisomy 18 (Edward’s syndrome) and Trisomy 13 (Patau’s syndrome). The Advanced NIPT test screens all chromosomes and sex chromosomes for abnormalities. Testing cannot diagnose or eliminate the chance of a foetus having a chromosomal abnormality and further invasive testing will be recommended for high-risk cases. Optional foetal sex determination can be provided with Standard and Advanced NIPT options with an accuracy above 99%; if there is insufficient data to support sex determination analysis, this will be reported as “sex determination failure”, this does not affect the results of testing and Samples will not be retested.

Testing is not available until the expectant parent is more than 10 weeks pregnant. NIPT is not suitable for sample donors that have cancer, complete or partial monosomy X (Turner’s syndrome), have received a heterologous blood transfusion or stem cell therapy in the last 12 months or an organ transplant. This test may not be suitable for donors with a chromosomal imbalance. This test may result in incidental findings. NIPT cannot replace routine ultrasound scans.

Prior to sample collection, pregnant test participants must have had an ultrasound to accurately date their pregnancy and confirm the number of foetuses they are carrying; Standard and Advanced NIPT testing is suitable for single and monochorionic twin pregnancies as well as IVF, donor egg and surrogate pregnancies; for dichorionic twins, only the Standard NIPT test is suitable; sex determination is not available for dichorionic twin pregnancies.

18. Test specific terms: hair and nail drug and alcohol testing

On occasion, due to the sensitivity of the analytical processes the result does not meet the full requirements of the ISO 17025 specifications, therefore, no result can be reported. In this event, we will re-analyse the Sample once and, should it still not be possible to report a result, a ‘no result’ report will be issued.

19. The use of ‘B’ samples

In some instances, you will have provided two (or more) Samples to us for the purpose of the second Sample (‘B Sample’) being used for the following purposes:

• For the purpose of conducting the services where the initial Sample provided is inadequate;
• Otherwise with your permission which may include, without limitation, providing the B sample to an independent third-party laboratory (as agreed between the parties) for the purpose of testing the B sample.

If the results from the independent laboratory are substantially in agreement with the results provided by us, you shall be liable in full for the fees incurred by the independent laboratory.

Should the results from the independent laboratory differ from those provided by us sufficiently to give rise to an alternative interpretation, we shall be responsible for the fees incurred by the independent laboratory.

Similarly, no documentation relating to the case will be released by the laboratory unless written authorisation is obtained from the donor. Any request must clearly identify to whom the Sample or documentation should be released.

20. We are allowed to destroy Samples

We are entitled without liability to destroy any and all Samples (including B samples) after expiry of three (3) months of the date of the relevant test result report in respect of Samples of DNA and hair strand analysis.

All other Samples (including B samples) taken for DNA analysis that have not yet been processed for any reason shall be destroyed 12 months following their collection date as they may no longer be viable.  Technical reports and documentation received shall be held for a period of 4 years from the date of the test report.

21. You may request copies of test reports

You may make a written request (either via post to our postal address or via email) for a copy of a test report to which you have either (a) consented to have undertaken, or (b) instructed us to undertake.  Copies of tests will be provided at no charge if provided via email, and hard copies will be issued subject to payment of a fee of €15 (which is subject to change from time to time).

22. We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: Privacy | AlphaBiolabs Ireland

23. Resolving disputes

Our complaints policy. A copy of our complaints policy is available at Complaints policy | AlphaBiolabs Ireland We will use reasonable endeavours to resolve any complaints in accordance with our complaints policy.

Governing law. These terms of service and any dispute or claim arising out of, or in connection with them, their subject matter or formation shall be governed by, and construed in accordance with, the laws of Ireland. By accepting these terms you agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms of service, its subject matter or formation.

We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We will tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that doesn’t mean we can’t do it later.

24. Schedules

You can view our current testing Schedules by contacting support@alphabiolabs.com.