TERMS AND CONDITIONS OF SALE

 

OF

 

WIDE EYED NUTRITION- DIGITAL DOWNLOAD FOUR F FOOD PLANS

 

1          DEFINITIONS

 

1.1        “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;

 

1.2        “Consumer” shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;

 

1.3        “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

 

1.4        “Goods” means the articles (including any digital content) that the Buyer agrees to buy from the Supplier;

 

1.5        “Services” means the services that the Buyer agrees to buy from the Supplier;

 

1.6        “Supplier” means TWIN ELEMENTS LTD of 225 LONDON RD, BURGESS HILL RH15 9QU that owns and operates WIDE EYED NUTRITION

 

1.7        “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

 

1.8        “Website” means WIDE EYED NUTRITION

 

1.9        “N/A” means not applicable in this case

 

2          CONDITIONS

 

2.1        Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

 

2.2        These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

 

2.3        Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

 

2.4        Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

 

2.5        Any special conditions applying to the provision of the Services are set out in Schedule 1 to this agreement.

 

2.6        Any complaints should be addressed to the Supplier’s address stated in clause 1.6.

 

3          ORDERING

 

3.1        All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier.  The Supplier may choose not to accept an order for any reason.

 

3.2        The following does not apply (see section 10) as the goods are a digital product and are sent as soon as the purchase is completed. You will NOT receive a refund once the download is sent. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.

 

3.3        When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the HOW TO DOWNLOAD page

 

4          PRICE AND PAYMENT

 

4.1        The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT.

 

4.2        The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

 

4.3        After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services. There will be NO right to cancel as the goods are a digital download product.

 

4.4        Payment of the price plus VAT, delivery and other charges, if applicable, are made via PayPal.

 

4.5        Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

 

4.6        Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

 

5          PERFORMANCE OF SERVICES

 

5.1        The Supplier shall begin to perform the Services as of payment being received for the period of 28 days. The Supplier is under a legal obligation to supply Services in conformity with the Contract.

 

5.2        The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted or error-free. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

 

6          RIGHTS OF SUPPLIER

 

6.1        The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.  The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

 

6.2        The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.

 

6.3        The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

 

7          AGE OF CONSENT

 

7.1        Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.

 

7.2        If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.

 

8          DELIVERY

 

8.1        Goods supplied within the UK will normally be delivered immediately via digital links in your receipt and via email. Errors of email address are the responsibility of the buyer. No refund will be issued. The digital material will not be sent to another email address.

 

8.2        Goods supplied outside the UK will normally be delivered via digital links in your receipt and via email. Errors of email address are the responsibility of the buyer. No refund will be issued. The digital material will not be sent to another email address.

 

8.3        N/A Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

 

8.4        N/A Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Supplier is under a legal obligation to supply Goods in conformity with the Contract.

 

8.5        N/A Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.

 

8.6        Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

 

9          CANCELLATION

 

As the Goods are supplied in digital format, you accept that by placing an order you are giving your express consent to WIDE EYED NUTRITION to supply the Goods before the end of the cancellation period provided for in regulation 30(1) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Further, by giving your consent, you acknowledge that the right to cancel the contract under regulation 29(1) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will be lost.

 

10         GIFT VOUCHERS N/A

 

11         REMEDY FOR BREACH

 

11.1      All Goods (including digital content) supplied by the Supplier must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund but only if proof of non-communication from the supplier is provided by the buyer.

 

11.2      The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard. If the Services are found to be defective then the Supplier shall take the time to rectify the complaint. Proof of non-communication from the supplier will be required for a complaint to be upheld.

 

12         LIMITATION OF LIABILITY

 

12.1      The Supplier shall not be responsible for:

 

12.1.1   losses that were not caused by any breach on the part of the Supplier; or

 

12.1.2   any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or

 

12.1.3   any indirect or consequential losses that were not foreseeable to both the Buyer and the Supplier.

 

12.2      The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent or Services provided within a reasonable time or to receive a refund if Goods or Services ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.

 

12.3      Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Supplier’s negligence or wilful misconduct.

 

13         WAIVER

 

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

 

14         FORCE MAJEURE

 

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

 

15         SEVERANCE

 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

16         CHANGES TO TERMS AND CONDITIONS

 

The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

 

17         GOVERNING LAW AND JURISDICTION

 

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

 

 

SCHEDULE 1

 

SPECIAL CONDITIONS

 

All communication between buyer and supplier will be via email and will be answered within 24 hours or less.

No guarantees are stated anywhere on the website and results are subject to the buyer following the  advice contained within the plan and their individual lifestyle. The supplier is not responsible for the buyers progress.

Errors in email address or downloading the wrong plan type are the responsibility of the buyer and will NOT be rectified by the supplier.

Any abusive or threatening communication will be deemed as breach of contract and passed to the authorities. Communication will cease except through an appointed legal representative.

 

 

COMPANY DETAILS

 

Twin Elements Ltd

T/A Wide Eyed Nutrition

 

Postal Address:

Martinsell

Main Rd

Sutton

Suffolk

IP12 3DU

 

Company number: 8957201

 

Registered company address:

225 London Rd

Burgess Hill

West Sussex

RH15 9QU

 

VAT registration: 185 0529 01