THIS WEBSITE, US AND YOU
By using this website, you agree to be bound by these terms together with our Privacy Policy or any other policy referred to in these terms and conditions (“Terms“).
- Introduction
- Your Use of Our Website
- Disclaimer and limitations
- Ordering
- Delivery
- Cancellation
- Effects of Cancellation
- Satisfaction Guarantee
- Reschedules
- Prices and Payment
- Testing Results
- Liability
- Force Majeure
- Intellectual Property
- General Information
- INTRODUCTION
Test Your Intolerance is a trading name of Healthy Stuff Online Limited.
www.testyourintolerance.co.nz (the “Website“) is owned by and operated by or on behalf of Healthy Stuff Online Limited (“we” or “us“).
If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any tests purchased by you from the Website, please contact us by email at [email protected] or by post using the address given below:
Test Your Intolerance,
Healthy Stuff Online Ltd,
Suite 8091,
PO Box 13240 Johnsonville,
Wellington 6440,
New Zealand.
Registered head office address:
Healthy Stuff Online Limited, Unit 1a Bonington Complex, Trent lane, Castle Donington, Leicestershire, DE74 2PY, United Kingdom
Company Registration Number: 08674646
VAT Registration Number: GB183061030
- YOUR USE OF OUR WEBSITE
Please read these Terms carefully and make sure that you understand them before ordering any test from our Website. If you don’t wish to be bound by the Terms, please do not use this Website.
These Terms may be changed and updated from time to time and any changes will be effective from the publication of the changes on the Website. Every time you wish to order further tests, please check these Terms to ensure you understand the terms which will apply at that time.
We only use your personal information for the purposes detailed in our Privacy Policy. Please notify our customer service team of any changes to that information.
Any content you upload to our Website will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.
You must be at least 18 years old in order to purchase tests from our Website, or ordering products under the supervision, and with the permission of, your parent or guardian.
We may deny you access to the Website at any time in its sole discretion when we believe that your use of the Website is in breach of any of the Terms, any law or the rights of any third party or is not respectful to others.
You must not misuse the Website or introduce any viruses, worms or other material which is harmful to the Website.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. You agree to be responsible to us for, and indemnify us and keep us indemnified against, all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Website.
- DISCLAIMER AND LIMITATIONS
Our test and this Website do not make a medical diagnosis nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider if you have a medical condition or with any questions you may have regarding a medical condition and/or medical symptoms. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
All probable or possible diagnoses generated by a test supplied or this Website need to be discussed and confirmed with a qualified medical practitioner. We also recommend that anyone changing their diet should consult a registered medical practitioner in the first instance as our test results are not tailored to your specific requirements.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR THE EMERGENCY SERVICES IMMEDIATELY.
- ORDERING
By placing an order with us you:
- agree that the information you provide when placing an order is true and accurate in all respects;
- you will be deemed to have read, understood and agreed to the Terms;
- are making an offer to us to purchase the tests detailed in your order on the terms described in your order;
- agree that we can use the details in your order in accordance with our Privacy Policy which sets out the terms on which we process any personal data we collect from you;
- We will provide a valid contact phone number so we can contact you if there is a problem with your order. You agree that we may pass this number on to our chosen courier where the product purchased is a physical kit;
- you agree that you have read the test facts of each product and understand the specifications and limitations of the test before purchasing.
Once you have placed an order for test(s) and delivery we will send you a confirmation email that your order has been received. Please check these details carefully and let us know as soon as possible if the details are wrong.
All orders are subject to availability (we reserve the right to change the availability of our products at any time) and to our acceptance of your order.
We will not be liable for errors or omissions made by you or any other party ordering on your behalf, during the ordering process. Please ensure you have entered the correct personal and delivery information to ensure your order can be issued to you in a correct and timely manner.
Your credit/debit card/PayPal account will be authorised when your order is placed and processed and you will be charged for the cost of the test(s) at this point. This does not affect your statutory rights.
We accept the following methods of payment:
- Paypal
- All major credit and debit cards through merchant services providers Worldpay, Sage Pay and Stripe.
We reserve the right to refuse an order (or any alterations requested) at our absolute discretion.
- DELIVERY
Upon completion of your order of an item from this Website, you will be provided with a confirmation email detailing your purchase.
Digital products purchased will receive a link to submit the relevant patient information. For such products, you are responsible for the postage costs of delivering any sample to our testing centre.
Physical products are dispatched within 48 business hours where possible by our chosen postal service. Where possible tracking will be provided.
We cannot be held liable for the damage, loss or theft of samples that have not been received by us. You are advised to send all items to us via a tracked or signed-for delivery method.
The quoted times for dispatch, delivery, processing and results are approximate and cannot be guaranteed. We endeavour to meet our customer satisfaction guarantee and guidelines but do not accept liability in the event of a failure to meet such timelines.
- CANCELLATIONS
You have the right to cancel your order anytime within fourteen (14) days of placing your order. The cancellation period will expire fourteen (14) days from which you acquire your digital download instructions or you receive the testing kit(s).
To exercise your right to cancel, you must inform in writing or by email of your decision to cancel this contract by a clear statement.
In the first instance, we recommend contacting or customer service team to discuss the matter.
- EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse you all payments received from yourself, including the costs of delivery where a testing kit is dispatched (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Tests that do not involve the dispatch of physical kits or products and no testing has been completed can be cancelled within fourteen (14) days with a full refund being issued within a maximum of fourteen (14) days.
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you where testing kits or products are issued.
We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay, no later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you have purchased a test through a third party, you must contact the company you originally ordered from in order to exercise your cancellation rights and/or receive a refund.
Cancellation fees:
If the testing kit, which is deemed as a perishable item, has been opened or damaged, we reserve the right to charge a $35 fee deduction from any refund due.
- SATISFACTION GUARANTEE
Test and services offered through this Website are protected by our customer promise and certain guarantees dependent on the product variant.
In the event of a failure of service, defect, dissatisfaction, question or query, please contact our customer care team immediately to enable us to investigate, discuss or resolve the issue.
Sensitivity Testing
All sensitivity tests purchased by individuals for non-commercial use are protected by a 100% money-back guarantee subject to:
- Completion of an elimination diet based on their results;
- Contacting our customer service team to complete a refund and anti-money laundering request.
100% Money-back refunds are not available on any other tests on this Website.
Claims can be made to [email protected] by providing the following information:
- Name used to purchase.
- Email address used to purchase.
- PayPal Transaction ID or website order number.
- Transaction amount.
- Date of purchase.
- Reason for requesting a refund.
IMPORTANT:
Refunds can only be claimed after completion of the elimination diet and within 90 days of purchase.
If you are not satisfied with our services, please contact us as soon as possible to assist you in resolving any issues.
Opening a claim on PayPal will significantly delay the resolution process and may not lead to a full refund being issued.
Allergy & Intolerance testing
If a validated laboratory allergy, intolerance or combined results do not show a reaction on the report you are entitled to claim a full refund on the test subject to:
- The test being an Allergy & Intolerance home-to-lab blood test;
- If the entire report shows no reactions.
No reaction refunds are not available on any other tests on this Website.
Home health tests and all other tests, products and services
All other testing and services sold on this Website or by us are excluded from our 100% money-back guarantee and no reaction refunds.
If you are unhappy with your results, testing or service, please contact our customer service team to discuss the matter further. Where possible we will attempt to offer an alternative or replacement product or service.
General exclusions
In the event that you have failed to follow the correct instructions or procedures, we will endeavour to resolve the issue for you. However, we do not accept liability for the failure of a product, test kit, test or results as a result of your not following instructions.
- RESCHEDULES
If you wish to reschedule your test, we will honour your original order for up to 12 months at no additional charge following the receipt of your payment subject to a sample having not been received by or processed by our laboratory.
- PRICES AND PAYMENT
All prices quoted on this Website are accurate at the time of publication, are quoted in pounds sterling and where appropriate are inclusive of any relevant sales tax at the current rate.
All debit and credit card payments are subject to validation by the card issuer. In the event that your card issuer refuses to authorize your purchase, or delays giving us that authorisation, we cannot be liable for any delays caused to the delivery times.
In providing payment card details, you confirm that you are authorised to use the card and authorise us, or our payment service provider, to take payment in full for the items in your order and any associated delivery fees and any other charges that become due to us under these terms and conditions.
If you choose to pay via PayPal, then your use of the PayPal service is governed by the PayPal user agreement in force from time to time. Please refer to the PayPal user agreement for details of the terms and conditions applicable to payments and refunds processed through PayPal.
We reserve the right to change our prices at any time.
From time to time we will run promotions and offers on selected tests. You may be required to enter promotion codes or coupons during the purchase process in order to apply for an offer.
All of our Promotional Offers:
- cannot be used in conjunction with any other offer unless specifically stated on the offer;
- are valid for a limited period of time as specified in the marketing communication on the Website, and cannot be used outside of that period;
- are limited to non-commercial clients for personal use and cannot be used to purchase items in bulk or commercial volume.
- TESTING RESULTS
General
Our employees will not provide medical advice given that they are not medically qualified unless it is specifically confirmed they are qualified to do so. Any advice given by our team should therefore not be construed as medical advice or any diagnosis.
Quality control measures will be taken when assessing each sample to confirm that our test system is working correctly. A test result will not be issued by us unless the quality control measures have passed our defined specifications.
You agree that all validated results generated by our laboratory may vary from results provided by other laboratories, testing methods, sample types, sample collection kits, sample collection methods or dates of sample collection. We will not be held liable for generating contradictory results unless proof of the identical methodology and sampling can be provided.
Food Intolerance test results
- Food intolerance testing results will be provided for each IgG4 antibody reaction detailed in the product description and categorised into a reaction level and class. A reactivity value in Units/mL will also be provided above the level of 0.35.
- You agree and understand that our IgG4 antibody tests are not an indication of allergies. We accept no responsibility for any condition or symptoms that you may develop caused by an allergic reaction where you have selected this type of testing.
- You agree that raised levels of IgG4 antibodies within a provided blood sample indicate that an IgG4 antibody reaction to a particular food or drink has occurred. If you have previously eliminated a particular food or drink and have not been eating that food or drink for over six weeks, it may not show up on your test results.
- Our IgG4 antibody tests are not guaranteed to identify food/drink reactions that you suffer from, specifically in the following circumstances:
(a) where any food/drink or food/drink group has not been regularly consumed as part of your diet for at least six weeks prior to the test; or
(b) where you are taking prescribed drugs such as immunosuppressants, cytotoxic drugs, or steroids, you understand that reactions may be suppressed but that if reactions are present they may be significant.
- You agree that validated results generated by our laboratory may vary from results provided by other laboratories, testing methods, sample types, sample collection kits, sample collection methods or dates of sample collection. We will not be held liable for generating contradictory results unless proof of the identical methodology and sampling can be provided.
Allergy test results
- Allergy testing results will be provided for each IgE antibody reaction detailed in the product description and categorised into a reaction level and class. A reactivity value in Units/mL will also be provided above the level of 0.35.
- You accept that not currently suffering from clinical symptoms or having avoided a known allergen can affect the test results and reactions may not show up as positive in certain circumstances.
- You accept the presence of IgE antibodies as an indication that you may be allergic to a substance (allergen) but not as a definite diagnosis on its own. Any previous diagnosis of an allergy that does not appear on your results must not be ignored.
- You agree that validated results generated by our laboratory may vary from results provided by other laboratories, testing methods, sample types, sample collection kits, sample collection methods or dates of sample collection. We will not be held liable for generating contradictory results unless proof of the identical methodology and sampling can be provided.
- All results generated are for information purposes only. We recommend that results should be used in conjunction with your medical history and that a full diagnosis be formulated by a medical practitioner.
Sensitivity test results
- Sensitivity testing results will be provided for each bioresonance feedback detailed in the product description and categorised into a reaction level as a percentage. Only reactivity values over 85% will be displayed on your report.
- You agree and understand that our Sensitivity tests use bioresonance and are not an indication of allergies or intolerance. We accept no responsibility for any condition or symptoms that you may develop caused by an allergic reaction or any other medication condition where you have selected this type of testing.
- You agree and understand that bioresonance tests are categorised as Complementary and Alternative Medicines (CAMs) covering therapies that fall outside mainstream medicine. Conventional medicine does not currently recognise bioresonance as it has not been subject to significant scientific research.
- You agree that validated results generated by our laboratory may vary from results provided by other laboratories, testing methods, sample types, sample collection kits, sample collection methods or dates of sample collection. We will not be held liable for generating contradictory results unless proof of the identical methodology and sampling can be provided.
- LIABILITY
We will make every effort to ensure that the information on this Website is accurate and up to date, but we do not give any warranty as to its accuracy or completeness, and will not be responsible for any errors or omissions or for the results arising from the use of such information.
We will take all steps possible to ensure that your use of this Website results in a fast and reliable service, but we cannot guarantee that your use of this Website will be interruption or error free and we will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
We will not be responsible for your use of any other websites which you may access via links within this Website as we do not control these third-party websites and are not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this Website does not constitute an endorsement by, or affiliation with, us.
We sell our tests via the Website for personal use only and therefore will not be liable to you for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this Website or the supply or use of our tests.
The limitations of liability in these conditions shall apply equally for the benefit of us and any other associated company of us as if references to us included references to each such associated company.
As far as is lawfully possible, we disclaim all and any warranties (express or implied) in relation to the tests we sell.
Our liability for direct loss arising out of the use of our tests and this Website is limited to the price of the test, except as expressly provided in these Terms or except in relation to liability for death or personal injury, for which no limit applies.
In no event shall we or our suppliers be liable for any, indirect, incidental, special, or consequential damages arising out of or in any way connected with any loss or damage resulting or arising from any non-availability or use of our tests and this Website or of any other website linked to it, or from reliance on the test results or any material or content accessed through it.
Although we use reasonable endeavours to maintain the Website, without limiting the foregoing, we make no representations or warranties about the availability, accuracy, reliability, completeness, correctness, or timeliness of the test, our software, text, graphics, links, or communications provided on or through the use of the Website or any website that may be accessed from it.
We will not be liable to you, or be deemed to be in breach of these Terms or any other contract with you, by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the test(s) ordered by you, if the delay or failure was due to a third party or due to any cause beyond our reasonable control.
We may assign or transfer any of our rights or sub-contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub-contract any of your obligations under these Terms except with our specific permission in writing.
No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
Nothing in the Terms:
- is intended to, nor shall, affect any of your statutory rights as a consumer which may not be legally excluded; or
- shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation or where we are not lawfully able to limit our liability.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your breach of these Terms.
- FORCE MAJEURE
We shall not be liable for any failure or delay in performing our obligations under these terms and conditions to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond Healthy Stuff Online Limited’s reasonable control, which by its nature could not be foreseen, or if it could have been foreseen, was unavoidable.
Such events include but are not limited to, the isolation of our labs, facilities, or critical staff required to perform testing, restriction of movement of deliveries or the closure of international borders.
In the event of a situation deemed ‘Force Majeure’ we will advise you of a revised reschedule and/or refund policy where the situation is likely to affect the business and our obligations over 30 days.
- INTELLECTUAL PROPERTY
The contents of our Website pages (including pictures, designs, logos, photographs, text written and other materials) are our copyright, trademark or registered trademark (or its content and technology providers or their respective owners). You are granted no right to use such intellectual property rights without our express written permission.
You may download the content of our Website for your own personal, non-commercial and private use only.
- GENERAL INFORMATION
We will prosecute anyone using a false name or an invalid credit card to order products from our Website.
We may cancel any order you place via our Website if you breach these Terms, fail to provide sufficient information to enable us to process your order, or where we suspect that you are engaging in any fraudulent activity.
The Terms and your use of our Website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court.
