Terms and conditions
All the legal bits you need to know about before signing up...
CONTENTS
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CLAUSE
SCHEDULE
Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Canada Sqaure Food Limited (trading as “Natural Fitness Food”) a company registered in England and Wales. Our company registration number is 09492304 and our registered office is at 16-19 Canada Square, Canary Wharf, London E14 5ER. Our registered VAT number is 234 9516 95.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0207 534 2824 or by writing to us at [email protected] and Natural Fitness Food, Unit 22 Boundary Business Park, Church Road, Mitcham, CR4 3TD.
2.3 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Your account. You will be required to create an account on the Site before subscribing to our Services and you will need to create your username and password for your account to access the Site. You are responsible for all actions taken under your chosen username and password. By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident and/or require delivery to the Area;
(d) at all the details you provide are true, accurate, current and complete in all respects;
(e) to notify us immediately of any changes to your account information;
(f) to only create one (1) account and to only use the Site using your own username and password;
(g) not to disclose your password to anyone and to make every effort to keep your password safe;
(h) to change your password immediately upon discovering that your account has been compromised;
(i) to notify us if you suspect someone has accessed your account without permission; and
(j) any and all of the Meals ordered by you is for your personal use only and not for resale.
4. Health and Results
4.1 We strongly recommend that you seek medical advice before starting any nutritional program.
4.2 The information provided by us is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or our other publications, including social media bulletins. This includes any advice we provide to you by email, over the telephone or in person.
4.3 If you have a medical condition which affects your dietary requirements (eg allergies, intolerances and certain illnesses), you must not use our products or services, or must take your own medical advice before using them. Being under 18, or severely underweight, or pregnant, or breastfeeding may also affect your dietary requirements and you should check with your medical adviser before using our products or services. If any of the these circumstances apply to you, you must inform our nutrition team of the circumstances that apply and the medical advice received. We may decline to allow you to use our products or services. If you choose to use them, you do so at your own risk
4.4 If you have any type of food allergy, we ask that you refrain from eating our Food.
4.5 Results from the purchase of our products and services are not guaranteed. For the best results Food should be combined with daily exercise. Results will vary from person to person. Results (measured in terms of fat loss and lean muscle gain) may vary from person to person for several reasons including but not limited to environment, genetics, metabolic rate, and physical exertion.
5. Our contract with you
5.1 How we will accept your order. After placing an order for our products or services on the Site, you will receive an email acknowledging that we have received your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirmation. Our acceptance of your order will take place when have debited your payment and confirmed receipt of your order by email, at which point a contract will come into existence between you and us.
5.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified, or because we cannot meet your requested dietary requirements.
5.3 Right to refuse. We reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
5.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
6. Our products
6.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
6.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
7. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10- Your rights to end the contract).
8. Our rights to make changes
8.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor adjustments and improvements, for example to address a recipe change. These changes will not affect your consumption of the product and we will communicate any changes to you in writing.
8.2 More significant changes to the products. We may make changes to the product as described on the Site, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
8.3 More significant changes to these terms. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems' capabilities.
9. Providing the products
9.1 Delivery partner. We will use a third party courier company to deliver the orders ("Courier"). Where these Terms refer to us arranging, making or otherwise organising your delivery, such deliveries will be carried out, arranged or organised by our Courier. Our Courier will take reasonable steps to deliver the orders to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building in order to deliver your food), please notify us of this at the time of placing your order on our Site.
9.2 When we will provide the orders. Unless otherwise indicated during the order process, all meal deliveries shall be made between the hours of 10.00pm – 6.00am Monday - Friday. Once the delivery is made in accordance with your instructions, the orders are deemed to be your responsibility. We are not able to deliver your order at a specific time. In any circumstance where we indicate that we will try and deliver at a specific time, this will in no way form part of this contract and failure to deliver at such time will not constitute a breach of these Terms.
9.3 Delivery Issues. For the avoidance of any doubt, where a delivery is made in accordance with your instructions and subsequently goes missing:
(a) this will be regarded as a successful delivery; and
(b) you will be required to pay an additional redelivery charge.
9.4 Delivery costs. The costs of delivery will be as displayed to you on our website.
9.5 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
9.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.7 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery. If we are unable to deliver in such circumstances, we reserve the right to charge you for the products that you should have received that day in any event.
9.8 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
9.9 Problems with your delivery. If you are unhappy with your order for a legitimate reason such as: (a) missing items; or (b) failure of the order to arrive to your address. You MUST inform us within 24 hours of receipt of your Meals and, in any case, no later than the day after our records show it as having been delivered to you. We may provide a refund or other compensation as appropriate. Any refunds or compensation will be provided at our sole discretion.
9.10 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
9.11 When you own goods. You own a product which is goods once we have received payment in full.
9.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, Name, Address, Postcode, Contact Telephone Number, Any Additional information. If so, this will have been stated in the description of the products on our website.
If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 8).
9.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.3) and you still do not make payment within 1 day of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.4). We will not charge you for the products during the period for which they are suspended.
10. Your rights to end the contract
10.1 Notice. We require you to notify us 7 full calendar days (London time) in advance of any deliveries already booked in order to cancel the products in all instances. This is because, after this time, we will have committed supplies for your subscription for the following week and/or started to prepare your meals for that following week.
10.2 We will process cancellations as quickly as possible. However, please note that cancellations take at least 7 full calendar days (London time), immediately following our receipt of cancellation notification, to take effect. You will receive any already booked deliveries during the cancellation period, the cost of which cannot be refunded.
10.3 Cancellation costs. For all cancellations, the daily price of the Services will be adjusted to reflect the number of days actually delivered. Your refund will then be added as credit to your account. You can use this against any future orders with us, or you can request for this credit to be ‘cashed out’ by emailing us at [email protected]. There is a 10% administration charge applied to all cash out requests, to cover our internal administration costs and card processing fees.
10.4 Exclusions from your right to cancel. In some instances, the law does not allow you to cancel an order in certain circumstances and one of these is where a company is supplying goods which are likely to deteriorate or expire rapidly, including food & drinks with short expiry limits. Once we have started to prepare your order, unfortunately we cannot accept the cancellation of that order, which means that in most instances we are unable to accept cancellations of defined length subscriptions.
10.5
11. How to end the contract with us
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0207 534 2824 or email us at [email protected] . Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2 You do not have the right to change your mind once the products have been delivered (Consumer Contracts Regulations 2013). Pursuant to regulation 28 of the Consumer Contracts (Information, cancellation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, our Services containing freshly prepared meals and ingredients are exempt from the right to cancel.
11.3 How we will refund you. If you are entitled to a refund, we will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price including delivery costs and any other expenses reasonably incurred in setting up the orders for you up to the date of cancellation.
(a)
12. Our rights to end the contract
12.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 1 day of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, where to deliver your products;
(c) you do not, within a reasonable time, allow us to deliver the products to you;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services;
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract as compensation for the net costs we will incur as a result of your breaking the contract.
13. If there is a problem with the product
13.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0207 534 2824 or write to us at [email protected] or Natural Fitness Food, Unit 22 Boundary Business Park, Church Road, Mitcham, CR4 3TD. Alternatively, please speak to one of our staff in-store.
13.2
14. Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.
14.2 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.
14.3 When you must pay and how you must pay. We accept payment with all major credit cards, including American Express. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we accept the order them. We will not charge your credit or debit card until we accept the order.
(b) For services, You must pay each invoice within 1 calendar days after the date of the invoice.
14.4 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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.
15.2 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 as summarised at clause 13.2, and for defective products under the Consumer Protection Act 1987
15.3 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.
15.4 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.
16. How we may use your personal information
16.1 How we may use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree.
17.3 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.
17.4 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.
17.5 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, 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 products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland 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 English courts.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Natural Fitness Food, Unit 22 Boundary Business Park, Church Road, Mitcham, CR4 3TD; [email protected];
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s),
Date
[*] Delete as appropriate
