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 (“the Products”) listed on our website 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.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
We operate the website www.mydietloss.co.uk Company Registration No: SC415523.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 16 years old and not over 80
(c) You are aware of the program you are eligible for;
(d) you are buying the product(s) for yourself;
(e) you acknowledge that you should seek medical advice before starting any weight loss program;
(g) you are aware that you should not use the Product(s) if you are over the age of 80, underweight, pregnant, breastfeeding, bariatric surgery, or have any medical condition which affects your dietary requirement including behavior disorders or eating disorders (such as bulimia and anorexia).
(f) you have completed the medical screening form to ensure your suitable for the My Diet Loss Plans.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 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 the Product(s). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms the Product(s) that you have ordered (“the Confirmation Email”). The contract between us (“the Contract”) will only be formed when we send you the Confirmation Email.
4.2 The Contract will relate only to those Products we have confirmed in the Confirmation email. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Confirmation Email.
4.3 We will send to you a further email when the Products have been dispatched to you along with details to enable you to track your order (“the Dispatch Email”).
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Confirmation Email or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation Email, unless there are exceptional circumstances.
We aim to give you next working day delivery (if the option next day delivery is chosen from the drop down menu at the checkout) if you live in Mainland UK ( or 2 working days delivery for; Islands, Highlands & NI) and place your order before 12pm on a working day Monday to Thursday. Orders placed on a Friday will not be delivered until Monday. However we are not responsible for any delivery problems / delays / weather conditions that the courier may encounter which result in a delay in delivery. Therefore we are not always able to guarantee next working day delivery, but we will delivery your parcel to you within a reasonable period of time.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges (see postage and packaging page for more information) will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Product prices include VAT.
7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when confirming the order of the Products to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error.
7.6 Payment for all Products must be via PayPal or by credit or debit card. We will not dispatch your order until payment has been received in full.
8. OUR REFUNDS POLICY
8.1 We are governed by The Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”). The statutory rights of cancelation under the Regulations do not apply to certain products such as food and personalized items. As the Products we are selling are perishable food items, the Regulations relating to the return of unwanted goods do not apply.
8.2 We are committed to selling only high quality products but we also know that, for one reason or another, there may be a time when you need to exchange or return something you’ve ordered from us. We will refund any unused Product returned within 5 days of the date on the receipt of your order, provided you can show us your dispatch note and/or receipt and the Product is in a reasonable, re-saleable condition, with it’s original packaging. We will examine the returned Products and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of the Products in full. However, you will be responsible for the cost of postage and returning the item to us.
8.3 If you return a Product to us for any other reason (for instance, because have notified us in accordance with clause 17 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Products and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Products in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Products purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. OUR LIABILITY
10.1 Subject to clause 10.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products. Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. 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 email 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.
All notices given by you to us must be given to My Weight Loss Diet at firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 (“the Force Majeure Event”).
14.2 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:
(a) strikes, lock-outs 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; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 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 endeavors 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.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 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 send you 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).
18. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish and English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Scotland, England and Wales.