In these Terms and Conditions “we, our, us, Allergy Lifestyle” refers to “Allergy Lifestyle Ltd.”.
Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.allergylifestyle.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information. You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
Your status
By placing an order through our site, you warrant that you are (a) legally capable of entering into binding contracts and (b) that you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Our status
This Site is not a source of Medical Advice. The content of this Site is presented in summary form, is general in nature, and is provided for informational purposes only; it is not intended nor recommended as a substitute for professional medical advice. You should not use the content of this Site for diagnosing a health or fitness problem or disease. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this Site is intended to be for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Site.
We may provide links to other web sites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those web sites. We cannot give any undertaking those products you purchase from companies to whose website we have provided a link will be of satisfactory quality. We are not responsible for the availability of these web sites, nor will we be liable in any way for any loss or damage, which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
Prices and Payment
The price payable for the goods you order is as set out on our website at the time you place your order, except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Prices include VAT where applicable and are exclusive of delivery charges. Delivery charges will be added to the price of the goods at checkout. It may be necessary to change prices either up or down, from time to time, including any alterations to the rate of VAT. Allergy Lifestyle reserve the right to withdraw any goods from the website at any time and shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.
Payment for all Products must be by credit or debit card. We accept payment with Visa Credit, Visa Debit, Master Card and Amex.
Card Security
It is important to us that you feel confident using your credit card or debit card on our site. All transactions are handled either via the secure payment gateway Stripe or via PayPal. We do not view, come into contact with or store your card details, all card details are captured by Stripe or PayPal, held in secure mode, encrypted at the point of authorisation and protected behind a firewall. We recommend you carefully review Stripe and PayPal’s Privacy Policy:
Product illustration
While every effort has been made to portray items accurately, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours dependant on the calibration and settings of individual screens.
Availability and delivery
We aim to dispatch most goods within 2 working days of receipt of your order. Personalised goods will take longer, please allow up to 5 working days for dispatch of personalised items such as labels, tags, jewellery and translation cards.
Ireland and UK – Please allow 3 to 5 working days for delivery from dispatch.
Rest of the World – Please allow up to 10 working days for delivery from dispatch.
Delivery of the Goods shall be made to the customers address specified in the order and the customer must make arrangements to take delivery of the order when the order has been confirmed.
All items are subject to availability. If a product ordered by you is not in stock we will order it for you. As this may result in a delay, the customer will be notified and given the opportunity to agree a new delivery date or cancel the order.
Delivery Address Restrictions
To ensure successful and secure delivery, we do not accept orders for delivery to the following types of addresses:
- Freight forwarding companies
- Distribution centres
- Parcel lockers
- Warehouses or shared collection points
Orders placed with any of the above delivery addresses may be cancelled and refunded at our discretion.
This policy is in place due to the high risk of delivery failure and the limitations of certain postal services, including the inability to contact recipients or guarantee handover at such locations. Customers are responsible for providing a valid residential or standard business address where someone is available to receive the order.
We reserve the right to decline or cancel any order that does not comply with this policy, in accordance with our general Terms and Conditions
Consumer Rights
If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you receive the Products. In this case, you will receive a refund of the price paid for the Products in accordance with our refund policy.
To cancel a Contract within the 14 day period, you must inform us in writing and we will communicate the returns process to you.
Returned Product(s) in respect of which you wish to receive a refund must be in the same condition in which you received them, including all original packaging, accessories and paperwork.
Consumers are entitled to inspect goods to the extent necessary to establish their nature, characteristics and suitability, as would reasonably be permitted in a retail shop. Returns may therefore be accepted where packaging has been opened for inspection purposes only, provided the goods remain unused, undamaged and in resalable condition.
Consumers are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. Where returned goods are not received in their original resalable condition, or where additional costs are incurred due to failure to follow the provided returns or customs process, we reserve the right to make a reasonable deduction from the refund to reflect the loss in value of the goods or additional costs incurred, where permitted by applicable consumer law.
Such deductions may include, but are not limited to:
- Damage to or removal of product packaging, labels, tags or seals beyond what is necessary for inspection;
- Evidence of use, washing, wear or handling beyond what would reasonably be permitted in a retail environment;
- Missing components, accessories, manuals or paperwork;
- Additional customs charges, postal administration fees, return-to-sender charges or other costs incurred as a result of the customer failing to follow the returns or customs instructions provided.
You will not have any right to cancel a Contract for the supply of any Products which have been manufactured, personalised, engraved or specially ordered to your specifications.
For hygiene and health protection reasons, certain items including bedding, pillows, mattress toppers, face coverings, cosmetics and similar products are not eligible for return once used, washed, worn or unsealed unless they are faulty or not as described.
Our refunds policy
When you return a Product to us:
(a) Cancellation under Consumer Rights
If you have cancelled the Contract between us within the 14 day cooling-off period as detailed in the Consumer Rights section above, we will process your refund as soon as possible and, in any event, within 14 days of receiving the returned goods or evidence that the goods have been returned.
In this case, we will refund the price paid for the Product in full. However, you will be responsible for the cost of returning the item to us unless the item is faulty or not as described.
Please note that this right does not apply to:
- Products which have been personalised, engraved, bespoke or made to your specification;
- Bedding, pillows, mattress toppers, face coverings, cosmetics or similar hygiene-sensitive items once opened, unsealed, used, worn or washed, unless faulty or not as described.
(b) Faulty, Damaged or Incorrect Products
If you are returning a Product because you believe it is defective, damaged, incorrect or not as described, please contact us with full details of the issue before returning the item.
We will examine the returned Product and, if the Product is found to be faulty, damaged or not as described, we will at our discretion repair, replace or refund the item.
Refunds will usually be processed using the same payment method originally used for purchase and within 14 days of agreeing that a refund is due.
Products returned because they are confirmed to be faulty, damaged or incorrect will be refunded in full together with the original delivery charges and any reasonable return postage costs incurred.
Please note that bedding, face coverings, cosmetics, bespoke, engraved or personalised items may only be returned if faulty or not as described.
Returns Address
Please send returns to:
Allergy Lifestyle
ATU Innovation Hubs Mayo
Atlantic Technological University
Castlebar, Co. Mayo
F23 K162
Ireland
We recommend obtaining a proof of postage certificate when returning any item. Certificates are available free of charge from the post office. You are responsible for the returned goods until they are received by us, therefore we strongly recommend using an insured and trackable postal service appropriate to the value of the goods.
Please take extra care to follow the wash care and product care instructions provided with each item. We cannot accept responsibility for products which have been damaged due to failure to follow the care instructions. This does not affect your statutory rights.
Our Liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We shall not be liable to you under any circumstances for any loss or damage unless you notify us either by email to customercare@allergylifestyle.com or via our website complaints page or by written notice to Allergy Lifestyle, ATU Innovation Hubs Mayo, Atlantic Technological University, Castlebar, Co. Mayo, F23 K162, Ireland within:
(a) 14 days of delivery of the products in the case of damage to all or part of a product or loss of part of a product;
(b) and in all other cases (including, but not limited to, loss of the whole of an order) within 30 days from when the order was dispatched by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise [even if foreseeable]
Import Duties and Taxes
If you order products from our site for delivery outside the European Union, including the United States, your order may be subject to import duties, customs fees, and taxes, which are applied once the shipment reaches its destination country. You are solely responsible for the payment of any such import duties, taxes, or charges.
Please note that we have no control over these charges and cannot predict their amount. For further information, please contact your local customs office before placing your order.
If import duties, taxes, or customs charges are refused or not paid by the recipient, the shipment may be returned to us or destroyed by customs authorities. In such cases, we will not be liable for any original shipping, handling, or dispatch costs incurred, as the order was dispatched in good faith. Any additional costs charged to us as a result of a refused or unpaid shipment may be deducted from any refund issued, where applicable.
Please also note that you must comply with all applicable laws and regulations of the destination country. We will not be liable for any breach of such laws or regulations by you.
Events outside our control
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 events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lockouts or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Copyright
All rights, including copyright, for this website are owned by or licensed to Allergy Lifestyle Ltd. All intellectual property of Allergy Lifestyle Ltd. such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Allergy Lifestyle Ltd. By using the Website you agree to respect the intellectual property rights of Allergy Lifestyle Ltd and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All notices given by you to us must be given to [Allergy Lifestyle] by e-mail at [info@AllergyLifestyle.com] or in writing at our head office. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we provide you with the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Severance
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
Governing Law & Jurisdiction
This Agreement will be governed by the laws of Ireland and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of Irish courts without reference to rules governing choice of laws.