TERMS & CONDITIONS

Welcome to the Devon Allergy Clinic Terms and Conditions for use. These Terms and Conditions apply to the use of this website & online shop at www.thedevonallergyclinic.co.uk.

By accessing this website AND/OR placing an order, you agree to be bound by these terms and conditions.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

The www.thedevonallergyclinic.co.uk website & online shop is owned and operated by: Marlene Hochstrasser whose address is Cliff House, Cliff Road Torquay, Devon, TQ2 6RE.

Our correspondence address & the address to which cheque should be sent is : 30A Hyde Road, Paignton, TQ4 5BY.

1. INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this post. You should check this Website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.3 If you have any concerns about material on our site, please contact us by email at [email protected].

2. ORDERING VIA OUR ONLINE SHOP.

2.1 You are deemed to place an order with us by ordering via our online checkout process or by agreeing to send a cheque in payment of goods ordered. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. If paying by cheque we will send you an e mail confirming your order. It is then your responsibility to contact us immediately if there is any discrepancy with any verbal order given over the phone. At our discretion we will send out goods up to a value of £100 prior to your cheque clearing. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made , unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods, services or information ordered by you are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
(e) if we do not deliver to your area;

Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card within three working days. We will not be obliged to pay any additional amount as compensation for disappointment.

3. PRICING

Prices include VAT at the standard rate.

4. DELIVERY

4.1 We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 30 days of your order. Dependent on the product ordered delivery will usually be within 3-5 working days up to a maximum of 30 working days for some special order items.
4.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us  of the problem by email to [email protected]  within 2 working days of the delivery of the goods in question. A full description of the problem issue is required together with at least two photographs of the damage. It is the Customer’s responsibility to check that the goods ordered have arrived in perfect condition as soon as possible after acceptance of the delivery.
4.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 30 from the date on which you ordered the goods.
4.4. Free UK delivery applies to England, Wales & Southern Scotland but excludes Northern Ireland, the Channel Islands & other offshore islands within the UK. We do deliver to Northern Ireland, the Republic of Ireland and the Channel Islands but please phone for a delivery price quotation.

5. LIABILITY

5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
5.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 30 from the date on which you ordered the goods.
5.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3(c) above.
5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY – FOR CONSUMERS ONLY

6.1 This section applies to consumers only (and not to businesses or other organisations) who order goods.
6.2 If you wish to cancel your order:
(a) you can notify us by email to [email protected] before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 above.
6.3 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you and the goods need to be returned in perfect condition and in their original packaging. As goods are normally dispatched directly to customers from our suppliers please contact us for a return address to which to send the goods.
6.4 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason these costs have not been paid by you) the costs of delivery to us.
6.5 The rights to return the goods to us as referred to in clause
6.3 will not apply in the event that the goods have been used in any way. The provisions of this clause do not affect your Statutory Rights.

7. LICENCE

7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.

8. SERVICE ACCESS

8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

9. VISITOR MATERIAL AND CONDUCT

9.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
9.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users ).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
9.5 It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. Remember that the site and your content may be accessed by children.
9.6 If you notice any content which breaches these conditions, please notify us by email to [email protected].

10. LINKS TO AND FROM OTHER WEBSITES

10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 You may not create any links to this Website.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2.

11. REGISTRATION

11.1 To register with www.thedevonallergyclinic.co.uk. you must be over 18 years of age.
11.2 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

12. DISCLAIMER

12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

13. LIABILITY

13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.4 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

14. GOVERNING LAW AND JURISDICTION

14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
14.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

15. MISCELLANEOUS

15.1 These Terms and Conditions are updated on 30 January 2019.
15.2 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.3 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
15.4 No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.