Version number: 001
Effective date: 3rd March 2019
1. Introduction
1.1 This website is owned and operated by Smart Allergy Solutions Limited. Our company information is at the end of this document.
1.2 Please read these terms and conditions carefully. They apply when you order goods or services via this site. (There are separate terms which apply to your use of our site.) Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
1.3 You are not allowed to order goods or services via this site if you are under 18 years of age or if you are resident outside the UK.
1.4 We may change these terms and conditions at any time. Please check them carefully as they will apply to any order you make after the effective date shown at the top.
2. Contracting with us
2.1 By registering on our website and clicking on the “Pay Now” button, having successfully completed the initial eligibility questions, you are making an order for our consultation / advice service. We accept your offer by sending you a confirmation email at which point a binding non-cancellable contract is formed.
2.2 If you log in to our website following a successful consultation and click on the “Pay Now” button to order your first batch of medication, a binding sales contract for supply of the entire course of medication (i.e. for three years or any alternative period specified when you order) is formed when we send you a confirmation email.
2.3 We do not guarantee that you will be eligible to order and receive the medication following the consultation.
2.4 You must ensure that all information which you supply us is correct, including health-related information and delivery address and you must tell us immediately if there are any changes.
2.5 We are not obliged to supply any goods which are unavailable, e.g. if the licence for a particular medication is terminated. If so, we will notify you as soon as possible and will arrange for a refund of any payments made for medication which we are unable to supply.
3. Payment and price
3.1 Payment for goods and services is in advance by the means stated on our website
3.2 The price for the goods and services you order is as stated on our site at the time you send us your order.
3.3 The consultation fee is non-refundable other than in accordance with your legal “cooling off” rights, as explained below.
3.4 For medication, payment is required in advance by subscription which is payable at monthly or other intervals specified when you order. You authorise us and our third party payment provider take payment and/or to charge your payment card for the relevant amounts and at the relevant times as specified on our website when you order. Despatch of the goods is subject to our being able to charge your payment card. It is your responsibility to update your payment card details as necessary.
3.5 If applicable, delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen.
3.6 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will provide a full refund of any payment already made at the wrong price.
3.7 You must contact us immediately with full details if you dispute any payment.
3.8 Prices may change through the course of the 3 year contract and is subject to manufacturer price increases.
4. Right to cancel (“cooling off”)
4.1 You have the legal right to cancel the contract for our consultation service subject to the instructions at the end of this document.
4.2 You lose the right to cancel contracts for the supply of services which have been committed to and then cancelled by you regardless as to whether they are fully performed, i.e. completed.
4.3 NB The legal “cooling off” rights do not apply to the contract for the supply of medication. See further below regarding your right to end this contract.
5. Delivery of medication
5.1 Delivery will be complete when we deliver to the address which you specify when ordering or when left with a neighbour by courier service. Delivery timescales given on our website are estimates only. We have no responsibility for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay.
5.2 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to immediately contact the courier to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available, or with a neighbour.
5.3 If the goods are undelivered arising from your failing to comply with this contract (e.g, providing an incorrect delivery address, not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you are responsible to pay us (a) the amount of any additional fee charged to us by the courier for returning the goods to us; and (b) any re-stocking or similar fee which our warehouse company charges us for handling the returned goods. We are entitled to require that such costs be paid before we arrange any re-delivery of the goods to you and/ or to add such costs to the amount of any future order by you.
6. Safety
6.1 It is your responsibility to carefully read and comply with the instructions and guidance on our website and, if applicable, which are included with the medication. You must also comply with any advice provided by our health professional in the course of the consultation or otherwise.
7. Ending the contract for the supply of medication
7.1 You may at any time end the contract for the supply of medication by following the instructions on our site.
7.2 We are entitled to end this contract at any time on email notice if:
a) we terminate our service as a whole;
b) we have reason to believe that you have breached our terms and conditions;
c) any fees due to us are unpaid / unjustifiably charged back;
d) we are required to do so by law or appropriate authority.
7.3 If you or we end this contract for any reason, we will refund any advance payments made for medication which has not yet been despatched but otherwise there will be no refund.
7.4 The following apply if either party ends this agreement: We will not take any further payments from your card (except as stated above). Ending the contract does not of itself give rise to a right of refund. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply.
8. Liability
8.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
8.2 We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business (as we do not intend for goods bought by consumers to be used for business).
8.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
9. Events outside our control
9.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
10. Privacy
10.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
11. English law
11.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at https://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
12. General
12.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
13. Complaints
13.1 If you have any complaints, please contact us via the contact details shown below.
14. Company information
14.1 Company name: Smart Allergy Solutions Limited
14.2 Trading name: “SmartAllergySolutions”
14.3 Country of incorporation: England and Wales.
14.4 Registered number: 10997102
14.5 Registered office and trading address: 47 Oakleigh Park North, London N20 9AT, UK
14.6 Contact email address: contact@smartallergysolutions.com
14.7 Other contact information: See our website.
14.8 VAT number: [insert]
RIGHT TO CANCEL (“COOLING OFF”)
Right to cancel
1. You have the right to cancel the contract for consultation services within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. To exercise the right to cancel, you must inform us Smart Allergy Solutions Limited, 47 Oakleigh Park North, London N20 9AT, UK, contact@smartallergysolutions.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract. You acknowledge that the commitment by a medical practitioner to accept a consultation means we have fulfilled such consultation regardless as to whether you turn up for the consultation because all parties acknowledge that the consultation has an opportunity cost for the medical practitioner equal to the fees charged by the Company.
9. In accordance with best practice we are unable to accept the return of any medicine even if in an unopened sealed box..
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Smart Allergy Solutions Limited, 47 Oakleigh Park North, London N20 9AT, UK, contact@smartallergysolutions.com:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
[*] Delete as appropriate