Terms of SaleLast updated: 18 Feb 2019
Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. Please click on the button marked "Submit payment & process order" on the "Secure checkout - Review order" page if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Information about us
1. We operate the website www.sneezeweez.com. We are a registered company under the name of Arkon Health ABN
1.2 To contact us for any reason please see our Contact Us page. If you unhappy with the Products or the service you have received we are keen to hear from you. Please see information about our complaints handling procedure under our Help page.
2. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.
How we use your personal information
supply you with the Products you have ordered from us;
process your payment for such Products; and Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
3.2 You agree that we may pass your personal information to any Group Company or credit reference agency and, in the case of the credit reference agency, that they and we may keep arecord of any search that they do. For the purposes of this clause, a Group Company is any holding company, including the ultimate holding company, of Arkon Health.com from time to time and any subsidiary from time to time of the ultimate holding company and Arkonhealth.com Limited.
Dispatching your goods
4. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.1 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
5.2 We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation).
5.3 If we are unable to supply you with a Product you have ordered, for example because that Product is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount of the order price as soon as possible.
Our right to vary these terms
5. We may revise these Terms from time to time in the following circumstances:
changes in how we accept payment from you;
changes in relevant laws and regulatory requirements; or as we consider to be necessary in light of current trading and/or the general business environment, whether locally, nationally or internationally.
5.1 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
5.2 Whenever we revise these Terms in accordance with this clause 5, we will give you notice of this by changing the relevant date at the top of this page.
Cancellation and returns
6. You have the right to cancel an order during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the order and receive a refund. If you cancel your order, we will try to stop it before the Product is dispatched to you but please be aware that this may not always be possible. Where we are unable to stop your Product from being dispatched please return it to us when you receive it, at which point we will
process your refund in accordance with these Terms.
6.1 Your right to cancel an order expires 30 days from the day after the day you receive: the Product (if your order is for a single item); or the last Product (if your order is for multiple items).
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.
6.2 To cancel an order, please complete and submit the cancellation form on our website or let us know by email at email@example.com or via our Contact Us page. Alternatively, you can complete the dispatch note that you will receive with the Products and return it to us along with the Products. You may wish to keep a copy of your cancellation notification for your own records. If you have received the Products, please then promptly return the Products to us (if you have not done so already) not later than 14 days after the day on which you let us know that you wish to cancel the order. The deadline is met if you send back the products before the period of 14 days has expired. Unless the Product is faulty or not as described.
If you cancel your order we will refund you the price you paid for the Products. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling of them other than what is necessary to establish the nature, characteristics and functioning of the Products. If we have inadvertently been charged for the direct cost of returning the Product to us (e.g. where you have elected to 'return to sender'), unless the Product is faulty or not as described we will deduct such direct cost from the refund you would otherwise have been entitled to; and
process the refund due to you as soon as possible and, in any case, within 14 days of: (i) if you have received the Product, the day your Product is returned to us in accordance with clause 6, or, if earlier, the day you supply evidence of having sent the Products back; or (ii) if you have not received the Product, the day on which you gave us notice of cancellation as described
in clause 6.1.
6.3 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
6.4 For more information concerning our returns procedure please go to Help page and refer to the 'Returns' section.
7. Please note that timescales for delivery will vary depending on the availability of the Products you have ordered and your address. Please allow for extra time for international deliveries.
7.1 We will use reasonable endeavours to fulfill your order by the estimated delivery date set out in the Dispatch Confirmation which will be within 30 days after the date of the Dispatch Confirmation unless the Products are per-ordered. In which case we will agree the relevant date with you. If we are unable to meet the estimated delivery date (where there is an Event Outside Our Control for example) we will contact you with a revised estimated delivery date.
7.2 Delivery will be completed when we deliver the Products to the address you gave us. Arkon shall not be liable for delays or other disadvantages to the Customer, which result from an incorrect address being supplied at the time of order.
7.3 If no one is available at your address to take delivery, we will either leave you a note that the Products are being held securely by our carrier, in which case, please contact our carrier in the manner provided on the undelivered note to rearrange delivery or the Products may be left by our carrier with a neighbour or elsewhere in a discreet and secure place which will be notified to you at the time of delivery.
7.4 If we are not able to deliver the whole of your order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver your order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
7.5 The Products will be your responsibility from the completion of delivery.
7.6 You will own the Products only once we have received payment in full, including all applicable delivery charges for the full order made by you.
8. We deliver to the countries listed on this page (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
8.1 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Price of products and delivery charges
9. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the site.
9.1 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.2 The price of a Product includes VAT or an equivalent tax (where applicable) at the applicable current rate chargeable in the country of your assumed origin for the time being. However, if the rate of VAT or equivalent tax changes between the date of your order and the date of delivery, we will adjust the VAT or equivalent tax you pay, unless you have already paid for the Products in full before the change takes effect.
9.3 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious
and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price; and
How to pay
10. You can only pay for Products using a debit card or credit card. We accept the following cards:
VISA debit & credit card
MasterCard debit & credit card
10.1 Payment for the Products is at the point of order.
Damaged or defective products
11. If you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. If the Products delivered to you are not as described, fit for purpose or of satisfactory quality at the time of delivery your legal rights include an entitlement to the following:
Within 30 days of delivery: you can get a refund.
After 30 days: you may be entitled to a repair or replacement or, if that doesn’t work, a proportion of your money back.
Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
11.2 Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
11.3 Subject to clause 11.1we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Our liability to you
12. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.1 Unless otherwise expressly agreed by us, we only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, interruption, or loss of business opportunity.
12.2 We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; and
for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you; of satisfactory quality; fit
for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
Events outside our control
13. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
13.1 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Communications between us
14. When we refer, in these Terms, to "in writing", this will include e-mail.
14.1 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by post (at your cost) to Arkon health.com at P O Box 522 Kellyvile 2155. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 6, please see that clause for how to tell us this.
14.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Other important terms
15. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs willremain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction to resolve any dispute between us. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods 1980 (Vienna Convention) shall not apply.