Terms & Conditions

Zing Limited

Terms and Conditions for Use and Sales

BY CONTINUING TO USE THIS WEBSITE YOU ARE CONFIRMING THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF USE SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE AND SHOULD NOT CONTRACT BUSINESS WITH US.

  1. Introduction
    1. These terms & conditions set out the terms between you the customer and us the website owner and together they constitute the contract between you and us in accordance with The Electronic Transactions (Guernsey) Law, 2000.
    2. Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
    3. You should not use this website if you do not agree to these terms & conditions in full.
    4. The ZingPainRelief.com website is owned and provided by Zing Limited, a company incorporated in the Bailiwick of Guernsey under company number 52206. If you need any information or have a complaint about this website or any of our services please contact us by one of the following methods:Email: sales@zingpainrelief.comTelephone within the UK:01481 239 873 International:+ 44 00 (0) 1481 239 873

      Our registered address is as follows:

      Zing Limited
      La Collette
      Green Lanes
      St Peter Port
      Guernsey GY1 1TJ Channel Islands
      PO Box 468

  2. Customer Information – Privacy Policy

    ABOUT US

    This privacy policy explains what information we collect about you, our client and how Zing Limited may use it, and the steps we take to ensure that it is kept secure. We also explain your rights and how to contact us.
    Please note, this website may contain links to other websites which are provided for your convenience. We are only responsible for the privacy practices and security of this site. We recommend that you check the privacy and security policies and procedures of each and every other website that you visit.
    BY USING THIS WEBSITE AND GIVING YOUR INFORMATION TO US, YOU INDICATE YOUR CONSENT TO US, ZING LIMITED AND THIRD PARTIES COLLECTING AND USING YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS SET OUT IN THIS POLICY.

    THE INFORMATION WE COLLECT

    In order to provide you with the services you require, we will collect personal information about you from our website, telephone conversations, emails and written and verbal communications. These will include, for example, your name, address, email address, phone number and details that are relevant to the service(s) in which you are interested.

    Information about other people

    If you provide information to us about any person other than yourself, you must ensure that they understand how their information will be used and that you are authorised to disclose it to us, and to consent to its use on their behalf, before doing so.

    Cookies

    In common with many other website operators, we may use standard technology called ‘cookies’ on this site. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive and they are used to record how you navigate this website on each visit.

    Our cookies are used to enable us to develop our website to reflect our customers interests and by noting who has seen which pages, properties and advertisements (including click through from emails), how frequently particular pages are visited and determining the most popular areas of our website. We may use cookies to enrich your experience of using the website by allowing us to tailor what you see to what we have learned about your preferences during your visits to the site.

    Most browsers automatically accept cookies, but you can usually change your browser to prevent cookies being stored. Please note, if you do turn cookies off this will limit the service that we are able to provide to you and may affect your visitor experience.

    For further information on cookies and how to switch them off see www.allaboutcookies.org.

    HOW WE WILL USE YOUR INFORMATION

    All personal information that we obtain about you and/or any other person whose details you provide will be recorded, used, and protected by us in accordance with current data protection legislation, our Terms and Conditions and this Privacy Policy.

    We will primarily use the personal information:

    • to provide the services you request from us
    • to communicate with you in the event that any services requested are unavailable or if there is a query or problem with your order
    • for record keeping purposes
    • to carry out market research so that we can improve the services we offer
    • to track and analyse activity on our website
    • to create an individual profile for you so that we can enhance your user experience, to understand and respect your preferences and to provide details of relevant offers and opportunities where you have agreed to receive them
    Disclosing your personal information

    In order to provide our products and services, we may, occasionally, appoint other organisations to carry out some of the processing activities on our behalf. These may include, for example, printing companies and mailing houses. In these circumstances, we will ensure that personal information is properly protected and that it is only used in accordance with this Privacy Policy.

    OFFERS AND OPPORTUNITIES

    We, our group and carefully selected third parties would like to contact you and/or any person whose information you provide to us to tell you and/or them about offers and opportunities that are available and about a range of other initiatives in a number of ways, including by post, telephone, text/picture/video message or by email. Details of how to opt-in to receiving details of offers are on relevant pages of this website. You can change your/their mind at any time (see the section “How to contact us” below).

    SECURITY

    We take the security of personal information seriously. We employ security technology, including firewalls, and Secure Socket Layers to safeguard information and have procedures in place to ensure that our paper and computer systems and databases are protected against unauthorised disclosure, use, loss and damage.

    USE OF YOUR INFORMATION OUTSIDE THE EUROPEAN UNION

    Some organisations to which we may disclose personal information may be situated outside of the European Union. In order to provide the products and services you require, we may need to transfer your/their personal information to these countries some of which do not have laws that protect privacy rights as extensively as in the United Kingdom and Channel islands. If we do transfer your personal information to other territories, we will take proper steps to ensure that the information is protected in accordance with this privacy policy.

    CHANGES TO THIS PRIVACY POLICY

    Privacy laws and practice are constantly developing and we aim to meet high standards. Our policies and procedures are, therefore, under continual review. We may, from time to time, update our security and privacy policies and suggest that you check this page periodically to review our latest policies.

    UPDATING AND CORRECTING INFORMATION

    You may update or correct your personal information online in My Account area or by contacting us in writing or by email (see the section “How to contact us” below). Please include your name, address and/or email address when you contact us as this helps us to ensure that we accept amendments only from the correct person. We encourage you to promptly update your personal information if it changes. If you are providing updates or corrections about another person, we may require you to provide us with proof that you are authorised to provide that information to us.

    YOUR RIGHTS TO ACCESS YOUR PERSONAL INFORMATION

    You have the right to receive a copy of the personal information that we hold about you. The same right applies to any other person whose personal information you provide to us. We may charge a small fee towards the cost of administering any request made. The current fee is £15.00.

    HOW TO CONTACT US

    Telephone: 01481 236 490

    Email: sales@zingpainrelief.com

    Mail to:-

    Data Protection Officer

    Zing Limited
    La Collette
    Green Lanes
    St Peter Port
    Guernsey
    Channel Islands
    GY1 1TJ
    PO Box 468

  3. Product Pricing and Title
    1. We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
    2. We reserve the right to alter all product pricing without notice.
    3. Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
  4. Your Order
    1. When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
    2. Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
    3. Product items not included within the dispatch email are not included in the order and contract between you and us.
    4. We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected. If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
  5. OUR REFUNDS POLICY
    1. We guarantee your satisfaction with our Products and if, for any reason, you are not satisfied with any Product(s) you purchase, we offer a full ‘no quibble’ refund or exchange policy, providing the product has not been used, and the packaging is not broken.
    2. Without prejudice to condition 5.1, you may cancel a Contract at any time provided that the Products have not passed their sell-by-date. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. This provision does not affect your statutory rights.
    3. When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 22 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via letter or e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via letter or e-mail that you were entitled to a refund for delivery of the defective Product.
  6. Product Availability – We do not presently accept orders from the USA and Canada.
  7. Shipping and Customs Duty
    1. All orders received by us are shipped subject to availability.
    2. We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
    3. We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
    4. The recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
  8. Import Duty
    1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
    2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
  9. Customer Complaints
    We endeavour to respond to all customer complaints or queries within 5-7 working days.
  10. Licence
    1. We grant you a licence to access the content, information and services contained within our website for personal use only.
    2. This licence allows you to download and cache (using your browser) individual pages from our website.
    3. This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
    4. Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
    5. Our website cannot be placed within the frame-set of another site.
    6. Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
    7. The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
  11. Copyright
    1. All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
    2. The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
  12. User Generated Content
    1. Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
    2. Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
    3. As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
    4. Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
    5. We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
    6. However, we shall not assume any responsibility for auditing or monitoring any user generated content.
    7. Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
  13. Limitations and Exclusions of Liability
    1. We exclude all liability for content and information contained on this website and we exclude all liability for loss or damage howsoever caused to you or to any third party in relation to the use of this website, or the products provided to you via this website except where such loss or damage is caused by reason of our own fraud or wilful default.
    2. All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, and other commercial opportunities are excluded.
    3. All indirect, consequential or special losses or damages are all excluded.
    4. All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
    5. All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
    6. These terms and conditions do not exclude or limit liability where this conflicts with the applicable law of the Bailiwick of Guernsey.
  14. Indemnity
    The parties hereto agree that:-

    1. You will indemnify and hold harmless from and against any and all loss, damage, claims and demands (including costs and expenses arising there from or incidental thereto and all legal expenses( plus VAT or similar tax(es) thereon, to the extent applicable) related to defending claims or demands such expenses to be paid by you on a full indemnity basis) arising in respect of any loss or damage sustained or suffered by the you or any third party in relation to the use of this website, or the products provided to you via this website, otherwise than by reason of the fraud or wilful default committed by us.
    2. You shall advance to us pursuant to this clause reasonable advocates fees and other costs and expenses incurred in connection with the defence of any action, suit, proceeding or investigation, involving us for which indemnity will or could be sought. In connection with any advance of any expenses hereunder, we shall execute an undertaking to repay the advanced amount to you if it shall be determined by final judgment or other final adjudication that we were not entitled to indemnification pursuant to this clause. If it shall be determined by a final judgment or other final adjudication that we were not entitled to indemnification, pursuant to this clause with respect to such judgment, costs or expenses, then we shall not be indemnified with respect to such judgment, costs or expenses, and any advancement shall be returned to you by us.
    3. You agree that you will pay reasonable advocate’s fees and other such costs and expenses incurred in connection with the defence of any action, suit, proceeding or investigation, involving us notwithstanding any claim by you that we have acted in wilful default or fraud and you further agree that reasonable advocate’s fees and other such costs and expenses incurred in connection with the defence of any action, suit, proceeding or investigation, involving us will be determined by reference to the actual costs incurred or the anticipated legal costs to be incurred in the conduct of the litigation save that such amounts to be paid under this clause must not be manifestly excessive.
    4. In this clause, reasonable advocate’s fees and other such costs and expenses incurred in connection with the defence of any action, suit, proceeding or investigation, involving us will not be determined by a taxation procedure or other such costs assessment mechanism.
  15. Variation
    We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
  16. Assignment
    We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
  17. Severability
    The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
  18. Waiver
    Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
  19. Third Parties
    These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
  20. EVENTS OUTSIDE OUR CONTROL
    1. 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”).
    2. 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:
      1. Strikes, lock-outs or other industrial action.
      2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
      4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      5. Impossibility of the use of public or private telecommunications networks.
      6. The acts, decrees, legislation, regulations or restrictions of any government.
      7. 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.
  21. Entire Terms & Conditions
    These terms & conditions set out the entire agreement and understanding between you and us
  22. Your Specific Statutory Rights
    Where acting as a consumer your statutory rights are unaffected by these terms and conditions where these terms and conditions specifically contradict or limit your statutory rights as a consumer.
  23. Law and Jurisdiction
    These terms & conditions shall be interpreted, construed and enforced in accordance with the laws of Guernsey and shall be subject to the exclusive jurisdiction of the Royal Court of Guernsey.
  24. Disclaimer.ZING LTD DOES NOT WARRANT OR REPRESENT THAT THE MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES.NOTHING CONTAINED IN THE PAGES OF THIS WEBSITE SHOULD BE CONSTRUED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN THIS WEBSITE OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION.

    Use of this website outside Bailiwick of Guernsey

    Zing Ltd makes no claims or representations that any or all of the content of this website may be lawfully viewed or downloaded outside bailiwick of Guernsey and, unless otherwise specifically stated, the content and this website is directed solely at users who access this website from outside the Bailiwick of Guernsey.

    If you choose to access the website from outside Bailiwick of Guernsey, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

    Liability for our mistakes.

    WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE:

    1. (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;
    2. (B) THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR
    3. (C) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.

    NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE. NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT YOUR STATUTORY RIGHTS