Terms of Business
- These are the Terms of Business which govern our sales of nutrition plans (Plan(s)).
- This constitutes a legal agreement between us and you. Please read it carefully.
- Please note that we do not provide medical advice. When following our Plans you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.
- The Plans are not appropriate for you if you have any of the conditions or illnesses listed in clause 7.2 below, or if you are under 18.
1. INFORMATION ABOUT HOW TO CONTACT US
1.1 Who we are. We are Fiona Campbell, sole trader.
1.2 How to contact us. You can contact us by email to email@example.com or via the contact details on our Contact page.
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. THE PLAN
2.1 All the meals contained within the Plan are pre-set and new recipes will not be created upon request.
2.2 It is important that you fully understand that the advice given by us is followed at your own risk and responsibility. This does not constitute medical advice and you must ensure that both you and your GP or physician are comfortable with the instructions included in The Plan.
3. HOW YOU MAY USE MATERIAL WE PROVIDE
3.1 We are the owner or the licensee of all intellectual property rights in our Plan. This work is protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You must not use any part of the content of the Plan for any purpose other than your personal health and nutrition.
4. PROVIDING CONTENT
4.2 We may ask your permission to publish the photos. We may contact you to ask permission to publish the photos. We will always do this in writing, and, if we get your express written approval, you grant us the right to publish those photos, share them with the public and use them in any way whatsoever, including commercial uses, in perpetuity.
5. OUR CONTRACT WITH YOU
5.1 When the contract for a purchase of a Plan comes in force. When you tick the box confirming that you accept these Terms of Business and complete your payment, you are making an offer to purchase the Plan. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.
5.2 You must be in good health. You confirm that you are in good physical condition and know of no medical or other reason why you should not follow The Plan.
5.3 Our Plans are primarily aimed to customers in the UK. We reserve the right to reject any orders of Plans from outside the UK. If we do so, you will be given a full refund.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.
6.2 You can end your contract with us as follows. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If you have just changed your mind about the Plan (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 14 days of the order.
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.3;
- If you are ill or injured and cannot complete a Plan, you may be able to get a full or partial refund upon our receipt of a valid medical report from your GP.
6.3 Ending the contract because of something we have done or are going to do. If:
- we have told you about an upcoming change to the Plan or these terms which you do not agree to;
- we have told you about an error in the price or description of the Plan you have ordered and you do not wish to proceed;
- we have suspended supply of the Plans for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a week; or
- you have a legal right to end the contract because of something we have done wrong.
7. IF THERE IS A PROBLEM WITH THE PRODUCT
7.1 How to tell us about problems. If you have any questions or complaints about the Plan, please contact us by writing to us firstname.lastname@example.org or via the contact details on our Contact page.
7.2 Summary of your legal rights. We are under a legal duty to supply Plans that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Plan. Nothing in these Terms of Business will affect your legal rights.
SUMMARY OF YOUR KEY LEGAL RIGHTS
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content, such as the Plan, must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you are entitled to a repair or a replacement
- if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
- if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation
8. PRICE AND PAYMENT
8.1 Ways to pay. Goods must be paid for in advance. Plans may be paid for by a one off payment.
8.2 Where to find the price for the Plan. The price of the Plan, which includes VAT, will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Plan advised to you is correct. However please see clause 8.5 for what happens if we discover an error in the price of the Plan you order.
8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Plans we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Plan's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Plan's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
8.4 We can charge an admin fee if you pay late. If a payment is cancelled, cannot be taken due to
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
9.1 We do not provide medical advice. When following a health and nutrition plan you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.
9.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Business, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Plans; and for defective Plans under the Consumer Protection Act 1987.
9.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
9.5 We are not liable for business losses. We only supply the Plans for domestic and private use. If you use the Plans for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. HOW WE MAY USE YOUR INFORMATION
11. OTHER IMPORTANT TERMS
11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
11.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.
11.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Business, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Plans, we can still require you to make the payment at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by English law and you can bring legal proceedings in respect of the Plans in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Plans in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Plans in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
11.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.