1. Introduction

• These terms and conditions govern the sale of home self-test kits and immunotherapy consultations and medications by HayfeverSolutions (“we”, “us”, “our”).
• These Terms of Service (“Terms”) apply to purchases made through our website (the “Site”), as well as our testing kit services and immunotherapy services. Together, these constitute our “Services.” Your use of our Services is subject to these Terms.
• By ordering any of our products or services, you enter into a legally binding agreement with HayfeverSolutions and agree to be bound by these terms and conditions.
• Please review these terms and conditions carefully as they apply when you order goods or services through our Site. (Separate terms apply to your use of the Site.) We recommend that you save or print these terms for future reference as we do not keep a copy of them specifically for your transaction and cannot guarantee their continued availability on our website. These terms and conditions are only available in English.
• If you are under 18 years of age or reside outside of the UK, you are not permitted to order goods or services through our Site.
• We reserve the right to modify these terms and conditions at any time. Please review them carefully as they will apply to any order you place after the effective date indicated at the top.

 2. Products and Services

• HayfeverSolutions provides a range of products and services, including the sale of home self-test kits and immunotherapy consultations and medications.We reserve the right to modify or discontinue any of our products or services at any time, without prior notice.By registering on our website and clicking the “buy” button to purchase a home self-test kit, or by answering initial eligibility questions on the immunotherapy page, you are placing an order for an allergy testing kit or our immunotherapy consultation and allergy test advice service. We accept your order and form a binding, non-cancellable contract by sending you a confirmation email.
• If you log in to our website following a successful consultation and order your first batch of medication, a binding sales contract for the entire course of medication (which may span three years or another specified period) is formed when we send you a confirmation email.
• We cannot guarantee that you will be eligible to order or receive the medication after the consultation.
• It is your responsibility to ensure that all information you provide to us, including health-related information and delivery address, is accurate. You must promptly inform us of any changes.
• We are not obligated to provide any products that are unavailable, such as if the license for a particular medication is terminated. If this occurs, we will notify you promptly and arrange for a refund of any payments made for the product that we are unable to provide.
• Our testing kit services are available for individuals who purchase at-home sample collection laboratory testing kits through our website, provide us with biological samples collected using the kit, and receive the results of the laboratory tests performed on such samples. Each user of this testing service is encouraged to consult with their healthcare provider regarding the results received. We provide direct access to a physician through the services, as needed. The licensed physicians review whether the test requested is appropriate for the user and interpret the results before they are delivered to the user. They may reach out to the user to discuss test results and/or treatment options.
• Individuals who comply with these terms may purchase test kits from us on a per-kit basis or as otherwise available through our website. The desired test kit will be mailed to the user.
• User Accounts.Creating an account is not required to purchase and use the services and to browse the website generally. By registering on our website, you agree to provide truthful and accurate registration information, promptly inform us of any changes to your registration information, take all reasonable precautions to safeguard access to your password, and prevent unauthorised access to or use of the services through your account. You are responsible for keeping your account login credentials confidential and not sharing them with unauthorised users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions, and modifications of your information.
• Access to Services.Provided that you abide by the conditions outlined herein, we authorise you to access the website and utilise its services for your personal health and wellness, subject to the following limitations: the authorisation is personal, restricted, and temporary, and you are not permitted to transfer it to anyone else.
• Limits on Access. As indicated above, you may only submit biological samples to us using a testing kit for yourself or for your child, solely if you are the child’s parent or legal guardian. Users of the services are not permitted to copy, modify, reverse engineer, disassemble, remove trademarks or intellectual property notices, remove privacy protection or security features, resell, misrepresent identity, use the services to harass or advocate for harassment of another person, violate laws, use our test kits to perform research or testing outside of the services we offer, collect information of our users, or introduce any harmful element to our services. Users of the services do not acquire any ownership interest or intellectual property rights in or to the services. Hayfeversolutions and its licensors and service providers reserve and retain all right, title, and interest in and to the services, including all intellectual property rights therein.

3. Ordering and Payment

3.1 To order our products and services, please visit our website. Please note that our testing services, consultations or medications are not payable or reimbursable through private insurance, or NHS, and the cost of testing is available on our site and at checkout. The person purchasing the services is responsible for payment, and fees will be paid at the time of purchase. We may change our fees at any time without prior notice, but we will collect and remit applicable sales taxes as required by law.

3.2 Payment for products and services must be made in full at the time of ordering, unless we agree otherwise in writing.

3.3 All prices for our products and services are quoted in pounds sterling, and do not include taxes and shipping charges.

3.4 Payment for goods and services must be made in advance using the methods stated on our website.

3.5 The price for the goods and services you order will be the price stated on our site at the time you place your order.

3.6 The consultation fee is non-refundable, except as allowed by your legal “cooling off” rights, which are explained below.

3.7 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 to take payment and/or to charge your payment card for the relevant amounts and at the relevant times specified on our website when you order. We will not be able to despatch goods until we have charged your payment card. It is your responsibility to keep your payment card details up to date.

3.8 If applicable, delivery costs will be charged at the rate shown on our site at the time you place your order, depending on the delivery method chosen.

3.9 If we have mistakenly mispriced any item, we are not obliged to supply the item at that price, but we will inform you before we send it off. You can then decide whether to order the item at the correct price, and if not, we will provide a full refund of any payment already made at the wrong price.

3.10 If you dispute any payment, please contact us immediately with full details.

3.11 Prices may change over the course of the three-year contract and are subject to manufacturer price increases.

4. Shipping and Delivery

HayfeverSolutions will handle the shipping and delivery of our products, with typical delivery times of 10 business days or under after shipment, although delays caused by shipping partners are outside of our control. We reserve the right to correct any pricing errors on our website. Delivery times are only estimates, and we cannot guarantee specific delivery dates. If your product does not arrive within the estimated delivery time, please contact us for a replacement or refund.

Regarding the delivery of medication, delivery will be considered complete when we deliver to the address provided during the ordering process, or when the courier service leaves the package with a neighbour. Delivery times listed on our website are estimates only, and we are not responsible for losses resulting from delivery delays beyond our reasonable control. If you receive notice of an unsuccessful delivery attempt, it is your responsibility to contact the courier to arrange redelivery. If no one is available to receive the package, we reserve the right to leave it at a secure location or with a neighbour.

If undelivered goods are returned to us due to your failure to comply with the delivery contract (such as providing an incorrect address or not arranging redelivery), you are responsible for paying any additional fees charged by the courier for return shipping and any restocking fees charged by our warehouse company. We may require payment of these fees before arranging redelivery or add them to the cost of any future orders you place.

5. Returns and Refunds for allergy test kits

Returns and refunds for allergy test kits

5.1 If a medical professional does not authorise and order the test(s) you requested after the applicable review, we will refund the fees you paid. If you cancel your order for a test kit before it has shipped (usually within 1 business day), we will refund the applicable fees.

5.2 If you cancel your order after it has shipped, the full fee will be deducted from the refund amount, as the product is a medical item, In accordance with best practice, we are unable to accept the return of any kits, even if it is in an unopened, sealed box.

6. Consultations and Medications, General T & Cs

6.1 HayfeverSolutions provides immunotherapy consultations and medications, and by ordering these services, you confirm your understanding of the associated risks and benefits and consent to the administration of the medication.

6.2 If you have any concerns about the risks or benefits of immunotherapy, it is advisable to discuss them with your healthcare provider before ordering a consultation or medication. You are responsible for reading and complying with the instructions and guidance provided on our website and any included with the medication. Additionally, you must follow any advice provided by our health professionals during the consultation or otherwise.

6.4. Ending the contract for the supply of medication

6.4.1 You can terminate the contract for the supply of medication by following the instructions on our site.

6.4.2 We reserve the right to terminate this contract at any time with email notice if:

1. a) Our service as a whole is terminated;

1. b) We have reason to believe that you have breached our terms and conditions;

1. c) Any fees due to us are unpaid or unjustifiably charged back;

1. d) We are required to do so by law or appropriate authority.

6.4.3 If you or we terminate this contract for any reason, we will refund any advance payments made for medication that has not yet been dispatched. However, there will be no refund otherwise.

6.4.4 The following apply if either party terminates this agreement:

We will not take any further payments from your card except as stated above.

Ending the contract does not, by itself, give rise to a right of refund.

Accrued rights and liabilities are unaffected.

All clauses in this agreement that are stated or intended to continue after cancellation will continue to apply.

6.5. Right to cancel (“cooling off”)

6.5.1 You have the legal right to cancel the contract for our consultation service in accordance with the instructions provided at the end of this document.

6.5.2 you lose the right to cancel contracts for services that have been committed to and then cancelled by you, regardless of whether they are fully performed.

6.5.3 Note that the legal “cooling off” rights do not apply to the contract for the supply of medication. Please see further below regarding your right to terminate this contract.

7 Liability

7.1 The company shall not be liable for any loss or damage arising from the use of its products or services, except in cases of death or personal injury caused by negligence. The company is not liable for any indirect, incidental, consequential, special, or punitive damages incurred by the customer or any third party arising from the use of the website, services, or materials.

7.2 Nothing in this agreement limits or excludes the company’s liability for negligence causing death or personal injury, fraud or fraudulent misrepresentation, or anything that may not legally be excluded or limited.

7.3 The company is not responsible for any loss or damage caused by circumstances where there is no breach of a legal duty owed to the customer, where such loss or damage was not reasonably foreseeable, where the customer caused the loss or damage, or where the loss or damage relates to business use.

7.4 The customer is responsible for any reasonably foreseeable loss or damage suffered by the company arising from the customer’s breach of the agreement.

7.5 The company’s liability in respect of any single incident or series of incidents arising from the same cause shall not exceed the price of the product or service provided by HayfeverSolutions in relation to that incident.

7.6 The company is not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by circumstances beyond its reasonable control, including third-party telecommunication failures.

8. Intellectual Property

All intellectual property rights in the products and services provided by HayfeverSolutions are reserved by HayfeverSolutions and its licensors. This includes intellectual property and other rights in the Site, software, design, layout, content, and links of the Site, which are owned by HayfeverSolutions and its licensors.

HayfeverSolutions and its licensors reserve all rights in and to the services not specifically granted in these Terms. The HayfeverSolutions name and logo are trademarks protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors.

It is not allowed to copy or retransmit any content from the Site without the express written consent of HayfeverSolutions.

9.Governing Law

These terms and conditions shall be subject to and governed by the laws of England, and any disputes arising from or in connection with these terms and conditions shall be exclusively resolved by the courts of the United Kingdom.

10. Collection and Use of Your Information

Any personal information that you provide to us through the Services will be governed by our Privacy Policy, which is a separate document that is incorporated into these Terms. We may make changes to our Privacy Policy at any time, and such changes will be effective immediately upon posting on our website. By continuing to use our Site or Services after any such modification, you are indicating your acceptance of the updated Privacy Policy.

11. Indemnification

You agree to protect, defend, and hold HayfeverSolutions, its affiliates, employees, agents, partners, and suppliers harmless from any claims, demands, losses, damages, expenses, or costs, including reasonable attorneys’ fees, arising from or related to your use of the website, services, or materials, your violation of these terms and conditions, or your violation of any rights of any third party. You also agree to indemnify and hold us and our officers, directors, employees, agents, affiliates, service providers, successors, and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys’ fees and costs, arising from or related to (i) your use or misuse of the Site; (ii) your breach of these Terms; (iii) any user content or information you submit, post, or transmit through the Site or the Service; or (iv) your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity, and confidentiality.

12. Dispute Resolution

Any dispute arising from or relating to this agreement, including its validity, interpretation, performance, breach, termination, or any other matter, shall be resolved in accordance with the following provisions:

Negotiation: The parties shall attempt to resolve the dispute through good faith negotiation. If the parties are unable to reach a mutually satisfactory resolution within thirty (30) days of the initial request for negotiation, either party may initiate arbitration.

Arbitration: Any dispute not resolved through negotiation shall be referred to and finally resolved by arbitration under the rules of the Chartered Institute of Arbitrators. The arbitration shall be conducted in the English language, and the venue shall be in London, UK. The arbitration award shall be final and binding on both parties.

Equitable Relief: Nothing in this clause shall preclude either party from seeking equitable relief, including injunctions or specific performance, from any court of competent jurisdiction.

Costs: The costs of the arbitration shall be borne by the purchaser of the services.

Governing Law: This clause shall be governed by and construed in accordance with the laws of England and Wales. By agreeing to these terms and conditions, you acknowledge that you have read and understood this dispute resolution clause and agree to be bound by its terms.

Any action, claim or dispute you have against us must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

13: Disclaimer of Warranties

Hayfeversolutions provides the Services to you on an “as is” and “as available” basis, with all faults and defects, without any warranty of any kind. To the maximum extent permitted under applicable law, Hayfeversolutions and its affiliates, licensors, and service providers expressly disclaim all warranties, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

You acknowledge and agree that you use the Services at your own risk and that Hayfeversolutions does not guarantee that the Services will meet your requirements, be uninterrupted or error-free, or provide accurate or complete information. Hayfeversolutions does not warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, accuracy, reliability, or otherwise.

Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. However, to the extent permitted by applicable law, all such warranties are expressly excluded and disclaimed.

By using the Services, you acknowledge and agree that you have read, understood, and accepted this disclaimer of warranties.

14.Affiliation and Sponsorship

You agree not to represent or hold yourself out as being sponsored by, affiliated with, endorsed by, in partnership or venture with, or as an employee or employer of Hayfeversolutions, any of its affiliates, or service providers. You acknowledge and agree that you have no authority to act on behalf of, represent, or bind Hayfeversolutions, its affiliates, or service providers in any manner.

Furthermore, you acknowledge that any use of Hayfeversolutions’ name, trademarks, logos, or other intellectual property must comply with the terms and conditions of use and any applicable laws and regulations. Any unauthorised use of Hayfeversolutions’ intellectual property is strictly prohibited and may result in legal action.

By using the Services, you acknowledge and agree that you have read, understood, and accepted this clause regarding affiliation and sponsorship.

15.Some jurisdictions may not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the below exclusions and limitations may not apply to you.

You agree that Hayfeversolutions assumes no responsibility for any content you submit to us, including but not limited to feedback, suggestions, comments, or any other material. You retain full ownership of any content you submit, but you grant Hayfeversolutions a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Hayfeversolutions’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

To the maximum extent permitted by applicable law, in no event shall Hayfeversolutions, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in any way related to your use of or inability to use the Services, even if Hayfeversolutions has been advised of the possibility of such damages.

If you are dissatisfied with any portion of the Services, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Services.

By using the Services, you acknowledge and agree that you have read, understood, and accepted this clause regarding the exclusion of implied warranties and the limitation of liability.

16.Severability

If any provision of these terms and conditions is found to be unlawful, void, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, then such provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

The remaining provisions of these terms and conditions shall continue to be valid and enforceable to the fullest extent permitted by applicable law and shall be construed in accordance with the intent and purpose of these terms and conditions.

By using the Services, you acknowledge and agree that you have read, understood, and accepted this clause regarding severability.

17.Waiver

HayfeverSolutions’ failure to enforce any right or provision in these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by HayfeverSolutions in writing.

Any waiver of a right or provision by HayfeverSolutions will only be effective if it is in writing and signed by an authorised representative of HayfeverSolutions.

18.Entire Agreement

These terms and conditions, together with the Privacy Policy and any additional terms to which you agree when using particular elements of the website, services, or materials, constitute the entire agreement between you and HayfeverSolutions with respect to the use of the website, services, and materials.

By using the Services, you acknowledge and agree that you have read, understood, and accepted these terms and conditions, as well as the Privacy Policy and any additional terms that apply to specific elements of the website, services, or materials.

These Terms, including our Privacy Policy and the Consent for Services that users are required to consent to in order to use testing services, as well as any authorisation collected from a user, are incorporated into these Terms and form the complete “agreement” between us and users of our Services.

No failure to exercise, and no delay in exercising, any right under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude further exercise of that or any other right hereunder.

In the event of a conflict between these Terms and the Consent for Services, the Consent for Services shall govern.

If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provisions of these Terms will continue in full force and effect.

The headings of sections and paragraphs in these Terms are for convenience only and shall not affect their interpretation.

By using the Services, you acknowledge and agree that you have read, understood, and accepted this entire clause regarding the entire agreement.

19.Changes to Terms and Conditions

HayfeverSolutions reserves the right to change these terms and conditions at any time, effective immediately upon posting on the website. Your continued use of the website, services, or materials constitutes your agreement to all such terms and conditions.

We may, from time to time and in our sole discretion, update or modify these Terms or the Services without prior notice. You agree that all updates or changes will be deemed part of the Services and be subject to all of these Terms.

We may amend and update these Terms in the future, and any such amendment will be effective upon the earliest of our posting of the updated version on or through the Services, or our providing notice of the update to you otherwise. Your access or use of the Services after the effective date of any such amendment or update to these Terms constitutes your acceptance of the amended or updated Terms.

We encourage you to review these Terms periodically to stay informed of any updates or changes.

If you do not agree to any amended or updated terms, your sole remedy is to stop using the Services.

20.Suspension

We may, at any time and without prior notice, suspend, interrupt, terminate or limit any or all functionalities of the Services, for any reason or no reason, including, without limitation, for maintenance, upgrades, security, or other operational reasons.

An individual user may, in his/her discretion, suspend or cease using the Services at any time.

We will not be liable to you or to any third party for any modification, suspension, interruption, or termination of the Services or any part thereof. You acknowledge and agree that we have no obligation to maintain, support, upgrade, or update the Services, or to provide any specific content or support for the Services.

We reserve the right to terminate or restrict your access to the Services, in our sole discretion, without notice or liability to you, at any time and for any reason, including without limitation, if we believe that you have violated these Terms or any applicable law, rule or regulation, or if you have engaged in any other activity that may harm us or any third party.

21.Third Party Materials

The Site may provide access to third-party content, services, products, and links to third-party websites or services, including through third-party advertising (collectively, “Third-Party Materials”). You acknowledge and agree that we have no control over, and assume no responsibility for, the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Third-Party Materials. We do not endorse or assume any responsibility for Third-Party Materials and will not be liable for any damages, losses, or other liabilities arising from or related to your use of or reliance on Third-Party Materials. Your use of Third-Party Materials is entirely at your own risk and subject to the terms and conditions of the third parties providing them.

22. Contact Information

If you have any questions or concerns regarding these terms and conditions, please contact us using our contact form or the address provided in section 25.

23. Feedback  and related

If you provide any feedback, comments, suggestions, or ideas to Hayfeversolutions about the Services, you agree that:

You have the right to provide the Feedback to us.

Hayfeversolutions has no obligation to review, consider or act upon any Feedback.

The Feedback is not confidential.

Hayfeversolutions has the unrestricted right to use, modify, implement, and publish the Feedback without any obligation to compensate you or attribute the Feedback to you.

Please note that the term “Feedback” does not include your personal information, which is subject to our Privacy Policy. If you have any questions or concerns regarding our use of your personal information, please refer to our Privacy Policy or contact us directly.

24.General

We may send any notices related to this agreement to you via email, using the most recent email address you have provided to us. The headings used in this agreement are for informational purposes only and do not affect the interpretation or enforceability of this agreement. If either party fails to enforce any right or provision of this agreement, it does not waive the right to enforce such provision later. If any part of this agreement is found to be invalid or unenforceable, the remaining provisions will still apply. We may transfer this agreement to a third party without affecting your rights or obligations under this agreement. Only parties to this agreement have the right to enforce it, unless expressly stated otherwise.

25. Complaints

If you have any complaints, please get in touch with us using the contact details provided below (section 25).

To file a complaint, please use the contact information listed in section 25 below.

If you wish to make a complaint, please reach out to us via the contact details specified in section 25.

For any complaints, please contact us using the details given in section 25 below.

And for section 25:

Company name: HayfeverSolutions Limited

Trading name: [HayFever Solutions ]

Country of incorporation: England and Wales

Registered number: [14588011]

Registered office and trading address: [124-128 City Road, London, England, EC1V 2NX

Contact email address: [[email protected]]

Other contact information: Please refer to our website.

26.Cancellation of Consultation Services

Right to Cancel:

You have the right to cancel your contract for consultation services within 14 days, without giving any reason.

The cancellation period will end 14 days after the day the contract was concluded.

To exercise your right to cancel, you must inform us, HayfeverSolutions Limited, by a clear statement (e.g. letter or email).

To meet the cancellation deadline, you must send your communication regarding your decision to cancel before the cancellation period has expired.

Effects of Cancellation:

If you cancel this contract, we will reimburse all payments received from you.

We will make the reimbursement without undue delay, and within 14 days of the day on which we receive your notice of cancellation.

We will reimburse you using the same means of payment 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.

If you requested us to begin the performance of services during the cancellation period, you will need to pay us an amount which is proportionate to the services already performed before you cancelled the contract.

You acknowledge that the commitment by a medical practitioner to accept a consultation means that we have fulfilled the consultation, regardless of whether you attend or not. This is because the consultation has an opportunity cost for the medical practitioner, equal to the fees charged by the Company.

In accordance with best practice, we are unable to accept the return of any medicine or self testing kits, even if it is in an unopened, sealed box.

If you have any further questions, please don’t hesitate to contact us at [email protected]