1. Introduction
1.1 The Kennel Club Limited (“the Kennel Club”) is a registered Company in England and Wales (Registration number 8217778) whose registered Office is: 10 Clarges Street, London, W1J 8AB
1.2 Weatherbys Ireland Ltd (trading as “Weatherbys”), having its registered office and principal place of business at Weatherbys, Unit F1, M7 Business Park, Newhall, Naas, Co. Kildare, Ireland, W91 VX86
1.4 Please read these terms and conditions carefully before ordering any such services. By using and purchasing these services you agree to be bound by these terms and conditions and shall have no right or remedy except as expressly set out in this agreement.
2. Order Process
2.2 After receiving the sample collection kit, you need to take and return the sample to us by following the directions provided. You warrant that:
2.2.1. all information you provide about your dog, including the name and breed of your dog, is truthful and accurate;
2.2.2. the sample that will be submitted corresponds to the dog to be tested as indicated by the information provided and found on this order;
2.2.3. you have the legal right to submit a sample for the animal in question (being either the owner, an authorised person acting on behalf of the owner or a veterinary surgeon);
2.2.4. you have obtained all relevant consents or permissions to provide samples and receive results and grant permission for use of the sample;
2.2.5. you accept responsibility for ensuring you meet requirements of any breed society or third party, for example having the sample taken and verified by a veterinary surgeon;
2.2.6. you will not submit samples from animals known or suspected to be carrying an infectious disease;
2.2.7. you will cooperate to help resolve any disputed results as stated in clause 8.
2.3 Parental Verification DNA testing service; you will need to ensure additional owners of dogs not owned by you i.e. Sire or Dam are able to complete the permissions necessary to sample their dogs and you understand that if they do not complete these permissions and submit the samples with The Kennel Club then your order cannot be processed and you will be issued with a refund.2.4 If a sample fails during testing by Weatherbys; Weatherbys will attempt to repeat test the sample one time if there is enough sample material available at Weatherbys’ cost, before requiring a new sample and test purchase.
2.5 Where a sample is assessed unsuitable for analysis at sample receipt by Weatherbys, we will request you provide a new sample. You accept that any cost associated with re-sampling where this is a result of you submitting an unsuitable sample will be borne by you.
2.6 You accept that in submitting samples to the Kennel Club that The Kennel Club will hold the data relating to your dog and will be able to use this for health, research and parentage verification purposes in perpetuity.
3. Delivery Times
4. Pricing & Payment
4.2 All prices are inclusive of VAT.
4.3 You must pay in advance using the online payment system and cleared payment shall be required before the service is undertaken. Please proceed with sampling within 28 days. If you do not proceed with the sampling/test procedure then no refund of the fee will be payable.
4.4 The Kennel Club utilises a third party ("Payment Provider") to process payments.
5. Use of Information & Samples
5.2. Weatherbys shall store all samples sent for a period of seven years without charge, and shall have no obligation to return or subsequently store samples. Additional years of storage may be agreed separately for a fee. Samples may be stored in the United Kingdom or Ireland. Weatherbys may choose to store samples at other locations for operational reasons. All samples, results and data become the sole property of The Kennel Club in relation to data and results.
5.3. Test results will be issued to you directly by Weatherbys and a copy of the results also provided by Weatherbys to The Kennel Club and you agree to the publication of the results by The Kennel Club as appropriate including the Health Test Results Finder and Breed Record Supplement.
5.4 The Kennel Club may contact you regarding your dog’s results. In some cases, for example where the precise effect of the tested mutation with respect to the disease is not entirely understood in a particular breed; ascertaining the clinical history and status for the tested dog can provide valuable information for further research. This information, should you be willing to provide it, will remain completely confidential. By electing to provide this information you will be helping to advance the understanding of the nature of disease and so improving the health and welfare of future generations of dogs.
5.5. The Kennel Club and Weatherbys reserve the right to use the DNA extracted from your sample at their own discretion in cases of, but not limited to, sampling issues, disputed results, or suspected fraud.
5.6 The Kennel Club and its research partners may use data generated for research purposes in animal health and diseases, with any results to be published on an anonymous basis.
5.7 For DNA parentage verification you understand that profiling results for respective dogs; Dam Sire and progeny will be retained and belong to The Kennel Club. You acknowledge and agree that any intellectual property and other proprietary rights in the test results, data and any other derived information including analyses and records will belong to The Kennel Club and can be used in perpetuity. The parentage profiling will be held in a reference database permanently and without deletion and available for use in cross referencing for future parentage verification in all circumstances including checks carried out by The Kennel Club.
5.8 The Kennel Club may contact you for feedback on the services provided. This survey will include, but not be limited to, questions relating to the quality of the products and services provided and to understand needs and trends in health testing. There is no obligation to participate in such survey and the option to unsubscribe will be available.
6. Data Protection
6.1. Both The Kennel Club and Weatherbys take responsibility of your data very seriously including the genetic results of your dogs.
6.2. All personal data shall be processed and stored securely and in adherence with all relevant data protection legislation, including the UK General Data Protection Regulation and Data Protection Act 2018.
6.3. Your personal data is processed by The Kennel Club and further information can be found in our Privacy Policy.
6.4. There is no data protection legislation governing dogs and their genetic information, but to ensure customer confidentiality such information is processed and stored with the same standards as your personal data.
7. Quality Standards
7.2. You accept that any test performed is limited to the specific mutations described for that test. We cannot exclude the possibility of other or further genetic variants having an effect on disease expression, which are not covered in the current testing protocol, and so interfering with the result of the DNA test. The DNA test is not absolutely definitive and The Kennel Club and Weatherbys accept no liability if a ‘clear’ dog develops a similar or same disease which could be caused by different genetic factors, or if an ‘affected’ dog does not develop the disease.
8. Complaint Process
8.2 Please contact us via email at health@thekennelclub.org.uk or by post to Health Team, The Kennel Club, 10 Clarges Street, London, W1J 8AB.
8.3 No refunds will be given once DNA testing has commenced but may be considered if there is an disputed issue established in your favour.
8.4. In the event of a disputed test result, we will work hard to resolve the situation as best we can to your satisfaction. In order to perform a thorough investigation, we request your full cooperation.
8.5 Where there is a dispute over the consistency of the results provided by Weatherbys with prior information (such as parental genotypes or test results previously provided for the same dog by Weatherbys or a different provider), DNA verification of identity and/or parentage will be required to prove the identities of dogs implicated. Failure to comply in providing DNA verification of identities will result in The Kennel Club being unable to process your complaint. Please see clause 9.2 for further obligations in respect of such circumstances.
8.6 The Kennel Club will take complaints seriously and will look into the circumstances surrounding the receipt, handling, and testing of samples.
8.7 If the situation requires follow up testing, Weatherbys will repeat the testing on the original sample (if available) using an independent method (if available) at its cost and provide you with the results of any additional testing in a timely fashion.
8.8 If there is found to be an error, The Kennel Club may refund you the fee paid for the test in question or provide you a credit for a future order.
9. Your Obligations
9.1 You will cooperate in the investigation of any disputed results and to keep any apparent discrepancy confidential until the case is resolved.
9.2 You will submit previous laboratory testing results from other laboratories or proof of the dog’s parentage (if available) if required. DNA-based profiling and/or parentage testing may also be required. DNA profiling and parentage testing can be performed at any laboratory, at your expense. You will submit a new sample for additional testing if required. The Kennel Club may also recommend testing the dog's sample at an independent laboratory. You agree for The Kennel Club to contact other laboratories and consent to the sharing of relevant information and data held by them which concerns the investigation (this consent needs to extend to any of the other respective owners of dogs included in a parentage verification testing).You accept that The Kennel Club may ask for samples to be verified by a vet as part of ongoing investigation.
9.3 Any retesting offered where a new swab is required may be subject to a DNA profile check to verify the same dog is being retested.
9.4 If no resolution is possible after investigation with your cooperation, the extent of your remedy is a partial refund of the fee paid, less any costs associated with the investigation. Please see clause 10 regarding liability.
9.5 For parental verification services you seek to ensure that Dam and/or Sire owners complete the necessary permission with The Kennel Club and submit samples and if not done so understand that your order will not be fulfilled and you will be issued with a refund.10. Liability
10.1 The Kennel Club hereby excludes all liability and responsibility for any loss or damage that may result to you in relation to the provision of a sample testing kit where no tests are undertaken.
10.2 The Kennel Club excludes all liability and responsibility for any loss or damage that may result to you due to any inaccuracies contained in any information obtained from you or third-party sources.
10.3 Where tests have been performed, The Kennel Club shall only be liable for any direct loss arising out of a claim in contract, tort (including negligence) or otherwise. The warranty provided by The Kennel Club shall be restricted to either a repeat of the testing with a new sample or a refund.
10.4 Weatherbys shall be in no way liable for any incidental or consequential loss or damages caused due to samples that they have stored for customers. Weatherbys or its partners may be obliged to destroy samples if required by local laws due to disease risk or other factors at the location where the samples are stored.
10.6 It is understood that if as a direct result of parentage verification testing any relevant Kennel Club registration is not confirmed (proven);
A breeder is expected to co-operate and assist in the verification or rectification of any registered litter where requested or required by the Kennel Club.
11. Force Majeure
12. Severability & Waiver
12.2 No failure or delay in exercising rights under these terms and conditions shall operate as a waiver of such rights, unless expressly accepted by The Kennel Club in writing.
13. Governing Law & Jurisdiction
13.1 These Terms and Conditions, including any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions.