Terms and Conditions
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
USE OF WEBSITE
1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.
1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
VISITOR PROVIDED MATERIAL
1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
LINKS TO AND FROM OTHER WEBSITES
1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
EXCLUSION OF LIABILITY
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.
1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
CANCELLATIONS, RETURNS AND REFUNDS
1.18 All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
1.19 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
1.20 To meet the cancellation deadline, please notify us via email or phone about cancelling the order before the cancellation period has expired.
1.21 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the order.
1.22 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
1.23 Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.
1.24 You will not have any right to cancel an order for the supply of any of the following goods:
(a) medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
(b) a contract for passenger transport services - such as bus, rail or flight tickets.
(c) the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
(d) the supply of goods that are made to the customer's specification or are clearly personalised.
(e) the supply of goods that are liable to deteriorate or expire rapidly - such as a delivery of fresh flowers or meat.
(f) the supply of newspapers, periodicals or magazines.
(g) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance - for example, hotel bookings, courier services, car hire, restaurant bookings and theatre tickets for specific dates.
1.25 In addition you will lose your right to cancel if you:
(a) unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
(b) unseal audio, video recordings or computer software that were sealed at the time of delivery.
(c) combine goods with other goods after delivery so that they become inseparable.
2.0 PRODUCTS, PRICING AND DELIVERY
The information below is available to help you place your order with confidence.
The price of the goods shall be the quoted price shown on the website. All retail prices include VAT at the current rate of 20%. E & OE apply.
2.1 WEB PRICING
Our website may from time to time undergo general maintenance. Prices shown on the website are an indication of the RRP prices however some may be incorrect during the maintenance period. These prices are by no means the definitive RRP prices and In Peak Condition (t/a The Fresh Breath Company) and its subsidiaries reserves the right to sell it's products at these web prices.
2.12 DISCOUNTS AND OFFERS
From time to time we may give special offers on our products and/or include free delivery. We also may give you voucher codes to use on our website through mailings or social media. Please note that generally offer codes may not be used in conjunction with any other offer codes unless explicitly expressed and/or allowed. There may also be a limit to how many products may be ordered using a code. We also reserve the right not to sell and send out any orders if we believe there has been misuse with our codes and/or for fraudulent purposes. We reserve the right to withdraw our offers and/or voucher codes at any time.
We ensure a safe and secure shopping experience for all our customers. Our number one priority is to gain your trust and satisfaction when ordering from our website.
We operate a policy of continual monitoring of our products and the list of products which may change from time to time. Colours, designs sizes and general specifications may change from time to time and may also vary on some product lines. Products remain the property of The Fresh Breath Company until fully paid for.
Whilst every effort is made to ensure that all products featured are in constant supply, we apologise if any item is occasionally out of stock due to customer demand and we will endeavour to get them back in stock for you as quickly as possible. We do not guarantee that all items shown on the website are in stock and are available and ready for dispatch. Display of an item on the website is not an indication that the item is in stock.
2.3 ORDERING FROM OUR WEBSITE
2.31 PAYMENT SECURITY
The Fresh Breath Company ensures a safe and secure shopping experience to all our customers. Our number one priority is to gain our customers' trust and satisfaction when ordering from our website. You can have peace of mind that all payment transactions are made in a secure way. When checking out you will be redirected to the PayPal payment gateway where you can choose to pay by credit/debit card or with your PayPal account. PayPal will never share your financial information with us and we will never see your personal payment card details.
- We assure 100% buyer protection.
- Safe and secure payment through our PayPal partner.
- Genuine and good quality products.
- On time and safe delivery of the products.
Because of the nature of some of the products we are selling, we can assure the confidentiality and privacy of all our customers' personal details and information.
2.32 ORDER CONFIRMATION
Once you place your order via our website, you will receive an email confirming details of your order. If you want a product that is not in stock, we will endeavour to contact you as soon as possible (except on weekends and bank/public holidays) to notify you that the item is out of stock. You are then given the opportunity to place the product on back order or we will refund your payment in full. *Please note it may say that you are being transferred back to In Peak Condition who are our parent company.
We will always validate your credit/debit card or PayPal payment before accepting your order and your card or PayPal account will be charged upon dispatch of the goods. Should we encounter any problems processing your payment we will send you an email if you have provided us with an email address or telephone you. If your card or PayPal payment has been declined we will try and contact you as soon as possible to rectify the matter however we may not always be able to do this.
Every effort is made by ourselves to ensure the security of online card or PayPal payments and we follow relevant industry guidelines.
2.33 POSTAGE AND PACKING
All postage prices are detailed on the checkout page. We are happy to accept customers from the UK, Europe and Worldwide. Unfortunately we are unable to send some of our products to Europe or Worldwide. These are mainly the mouthwashes. This is due to the weight of the product and certain carriers not allowing the transporting of liquids abroad. Please note that we may have to refuse an order if we feel that we cannot fulfil delivery to you due to circumstances beyond our control.
Delivery costs are automatically calculated at the checkout point. For the UK they will vary depending on the postal code where the goods are being sent to ie. offshore islands eg. Isle of Man, Jersey, Guernsey, and Scottish Highlands & surrounding regions.
If goods are returned for refund if you change your mind or you order the wrong product, the cost of the postage will be deducted from the refund.
If the items are in stock we aim to dispatch your order within 48 hours, orders are either sent by Royal Mail or courier (DPD) and for UK addresses, your order should be received within 7 working days. European and Worldwide delivery times can vary and are either sent by Royal Mail International Signed for or a courier. * Please note that we do not ship to USA at present. Please allow 7-10 working days for International delivery - this varies between couriers, however we will endeavour to send your parcel the quickest way possible. Also note that there may be unforseen delays at customs and for certain countries you may have to pay additional customs/duty fees.
We have large warehouse space and generally ensure that all popular standard products are always in stock however on the rare occasion that the items are not in stock we will inform you of the expected delivery date.
If you are in the UK and your order does not turn up within 7 days, please let us know. On the rare occasion orders may be delayed which are out of our control. Please note that during busy seasonal periods your order may take a little longer to arrive. We suggest during these times such as Easter and Christmas for example, you place your order a week or so earlier to avoid disappointment.
The Fresh Breath Company and its subsidiaries unfortunately have no control over the goods once they are shipped and we cannot guarantee that your order will arrive within the time specified by your chosen method of shipment.
We may dispatch your order in a number of separate consignments and you will not be charged for this unless it is a separate order that you have placed with us and we have already dispatched the goods from the first order.
2.35 ORDER CANCELLATION
Orders may be cancelled up to 28 days from the date of placing the order. Please contact us by email, letter or fax for written confirmation before sending any goods back. The product/s must be returned to us unused along with a short note giving details of your name, address and the reason for cancellation (this will provide us with important feedback).
Postage costs of returning the goods are your responsibility unless it is our error that has caused you to return the goods. We highly recommend sending the goods back to us by recorded/signed for delivery to ensure they get back to us and as proof of postage.
Once your returned product has been received in the original good condition, we will refund you using the same method which you originally used to pay us. We reserve the right to not make a refund if the product/s are returned damaged or used.
Please note that we expect the goods to be returned to us within a reasonable timeframe after cancellation/returns has been agreed. This is usually within 2 weeks of agreeing the return with us.
2.36 REFUND POLICY
In line with the Consumer Contracts (Distance Selling) Regulations we offer a cooling off period of 7 days. During these 7 days after delivery of the product you are entitled to examine the product/s like you would in a shop. If you then change your mind about the purchase of the product/s you will get a full refund within 30 days once we have received the items back. It is not our policy to refund you the postage you have paid to send the items back to us unless the items were damaged when you received them or we sent you the incorrect item.
Please note that we expect the goods to be returned to us in a reasonable time frame after cancellation/returns has been agreed. This is usually within 2 weeks of agreeing the return.
Please notify us immediately if goods are delivered short, incorrect or damaged so that we are able to correct matters. Please also retain all original outer packaging especially on incorrect goods so that we are able to re-sell.
All images, design and content, logos, videos and PDF's within this website are fully copyrighted under international copyright laws and may not be used without the express written permission of The Fresh Breath Company or its subsidiaries.
Product images, descriptions and prices may be subject to change depending on new releases or improvements by the manufacturers. Delivery costs may vary depending on regions and we may have to increase the delivery charges if we feel that we are unable to fulfil your order using our standard delivery costs.
3.1 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
3.2 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
4.0 EXCLUSION OF LIABILITY:
4.1 We do not accept liability for any loss or damage that you suffer as a result of using this website.
4.2 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
LAW AND JURISDICTION
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.