Terms Of Business
FOOD FOR FITNESS TERMS OF BUSINESS FOR THE SALE OF RECIPES AND NUTRITION PLANS IN THE UK
- These are the Terms of Business which govern our sales of fitness and nutrition plans “The High Protein 30 Day Fat Loss Challenge” and recipe books “The High Protein Handbooks” (Products).
- This constitutes a legal agreement between us and you. Please read it carefully.
- Please note that we do not provide medical advice. When using our Products 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 Products are not appropriate for you if you have any of the conditions or illnesses listed in clause 3.2 below, or if you are under 18 years of age.
1. INFORMATION ABOUT HOW TO CONTACT US
1.1 Who we are. We are Food For Fitness Limited, a company incorporated and registered in Scotland with company number SC447144 whose registered office is at the address below.
1.2 How to contact us. You can contact us in writing via email to [email protected] or by post at 5 Carden Place, Aberdeen, AB10 1UT
1.3 How we may contact you. If we have to contact you we will do so by the email 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. HOW YOU MAY USE MATERIAL WE PROVIDE
2.1 We are the owner or the licensee of all intellectual property rights in our Products. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2 You must not use any part of the content of the Products for any purpose other than your personal fitness and nutrition.
3. OUR CONTRACT WITH YOU
3.1 When the contract for a purchase of a Product comes in force. When you tick the box confirming that you accept these Terms of Business and then make your payment, you are making an offer to purchase a Product. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.
3.2 We may refuse to sell a Product for medical reasons. Our policy is that we will not provide advice if, by way of example, you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our Prodcuts are not appropriate for pregnant women, children under 18 or adults over 65 years of age. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Products. Our Products may not be suitable to your particular circumstances and they are not a substitute for obtaining specific advice from a qualified health care professional.
3.3 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 engage in any form of exercise or make changes to your diet.
3.4 Our Products are primarily aimed at customers in the UK and as such our measurements are provided in metric format.
4. PROVIDING THE PRODUCT
4.1 Reasons we may suspend the supply of the Product to you. We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Product as requested by you or notified by us to you.
5. YOUR RIGHTS TO END THE CONTRACT
5.1 Rights and exclusions. You have the right to end the contract in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.
5.2 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:
(a) if you have just changed your mind about the Product (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 30 days of the order.
(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 5.3;
(c) if you are ill or injured and cannot follow the Product, you may be able to get a full or partial refund upon our receipt of a valid medical report from your GP.
5.3 Ending the contract because of something we have done or are going to do. You can end your contract if:
(a) we have told you about an upcoming change to the Product or these terms that you do not agree to;
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 week; or
(d) you have a legal right to end the contract because of something we have done wrong in which case you may end the contract and we will refund you in full.
6. HOW TO END THE CONTRACT WITH US
6.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 7) and wish to do so, please let us know by doing one of the following:
(a) Email. Email customer services as set out above.
(b) Online. Contact us via the website.
(c) By post. Write to us at the registered address provided, including details of what you bought, when you ordered or received it and your name, address and email.
6.2 How we will refund you. Where applicable, we will refund you the price you paid for the Product, by the method you used for payment. However, we may make deductions from the price, as described below.
6.3 When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.
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 Products, please contact us by writing to us [email protected]
7.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the Product. 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 Product, 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.
8.2 Where to find the price of the Product. The price of the Product, which includes VAT, will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 9.4 for what happens if we discover an error in the price of the Product you order.
8.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
8.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’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 Product’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.
8.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
8.6 We are not liable for any charges that your bank may add to transactions.
8.7 You will be charged at the exchange rate available on the day of the transaction.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
9.1 We do not provide medical advice. When following a nutrition plan or recipe 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 Products; and for defective Products under the Consumer Protection Act 1987.
9.4 If defective digital content that 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 that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that 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 Products for domestic and private use. If you use the Products 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.
9.6 Before relying on any nutritional information in our Products, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
9.7 Nutrient data published in a database may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.
10.1 Please be aware that any testimonials on our websites or Products may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
11. HOW WE MAY USE YOUR INFORMATION
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
12.2 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.
12.3 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.
12.4 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.
12.5 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.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by Scots law and you can bring legal proceedings in respect of the Products in the Scottish courts. If you live in England you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the Scottish courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
12.7 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.
last updated 7th September 2020