Terms & Conditions
WE AIM TO PROCESS ALL ORDERS, COOK, PACKAGE AND DESPATCH ON OUR NEXT NORMAL DELIVERY DAY.
IF YOU HAVE ANY CONCERNS OVER THE SAFETY OF FOOD WHEN ITS DELIVERED PLEASE CONTACT US IMMEDIATELY AND DO NOT CONSUME.
The Terms and Conditions (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products listed on our website http://www.trynutrition.co.uk our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms for future reference.
We may amend these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the Trynutrition website. We are Trynutritionfitness Limited, a company registered in England and Wales under company number ???? and with our registered office at 9 Hollinbrook Wigan Lancashire England WN67SG
1.2 If you need to contact us, please use our Contact Page http://www.trynutrition.co.uk/contact
1.3 We do not store credit card details nor do we share customer details with any 3rd parties
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are subject to availability.
2.4 Under certain circumstances we reserve the right to substitute certain products which may form part of your order.
3. USE OF OUR SITE AND PRIVACY INFORMATION
3.2 Please take the time to read these policies as they include important terms which apply to you.
4. FOR ALL CONSUMERS
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
5. FORMATION OF THE CONTRACT BETWEEN YOU AND US
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your pending order.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 We reserve the right to refuse/decline an order for any reason.
6. VARIATION OF THESE TERMS
6.1 We may revise these Terms from time to time, and will update them here first. Major changes to the running of the business will be advertised on social media also.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7. CONSUMER RIGHT TO RETURN AND REFUND
7.1 IF YOU HAVE ANY DOUBTS, DO NOT ATTEMPT TO CONSUME THE PRODUCT AND CONTACT US IMMEDIATELY. WE WILL ENDEAVOUR TO REPLY QUICKLY BUT IF THE REPLY IS DELAYED – DO NOT CONSUME THE PRODUCT.
7.2 Most of the Products on our site are perishable. This means that the right to cancel a Contract does not apply. However, we understand that sometimes you may need to cancel an order and although our products are specifically prepared for your order, if you contact us more than 48 hours before the date your delivery is due, it may be possible to cancel the Contract.
7.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.4 If you have returned a Product to us because it is faulty or misdescribed, we will refund the price of such defective Product in full, together with any applicable delivery charges or reasonable costs you incur in returning the Product to us.
7.5 Unless the Products are faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;
7.6 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
7.7 Where applicable, refunds will be made to you using the same method and to the same account as used by you to pay for your order.
7.8 All meals are prepared to the highest of standards and are packed to ensure that they reach you in the same condition that they leave our kitchen in. We take photos of each order and once they are with the courier we are not responsible for anything that happens once they leave the kitchen. All meals and orders are traceable with evidence to show we adhere to high standards at all times. Any damage or theft must be reported to the police and the courier to be dealt with accordingly. We reserve the right to not refund or reimburse for any issues that arise once your order has left our kitchen.
This does not affect your legal rights.
8. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
8.1 If we have to cancel an order for Products before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock, we will contact you promptly. If we have to cancel an order in these circumstances we will contact you and offer a full refund or alternative.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, you will be informed by ourselves or our authorised courier company. All delivery dates are estimates and are not guaranteed.
9.2 Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the instructions the order will be left in an area that the authorised courier company considers safe. We will also endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
9.3 All ownership of the products ordered by you becomes yours on signatory of delivery. This only applies to those items paid in full.
9.4 We deliver nationally, timings applicable to your county will vary, estimated times will be given on the delivery day.
9.5 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. It is the Buyer’s responsibility to check ALL order confirmations prior to the order being dispatched.
9.6 If the customer refuses a delivery for whatever reason, the parcel is destroyed or automatically returned to the sender. Perishable items cannot be resent and refusing an order should be a last resort.
9.7 The Buyer gives permission for the authorised courier to leave the parcel in a safe location. This is however down to the individual driver discretion and cannot be guaranteed.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. If we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
11. HOW TO PAY
11.1 Payment for the Products and all applicable delivery charges is in advance. No items will be dispatched until payment and the order is complete.
11.2 We reserve the right to vary our payment system and t&cs.
11.3 All financial transactions are processed by our chosen merchant processor.
12. OUR LIABILITY
12.1 Except as may be implied by law, in the event of any breach of these Terms and Conditions by us, our liability is limited to the value of the Products and/or Services we supplied. Under no circumstances shall we be liable for any indirect, incidental or consequential loss or damage whatsoever.
12.2 We only supply the Products to you for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to NOT consume the products if for any reason you believe they are not at the right temperature or not fit for consumption.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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 an Event Outside Our Control (defined below).
13.2 An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, or failure of a utility service or public or private telecommunications networks or impossibility of motor transport or other means of private transport, breakdown of plant or machinery or default of suppliers or subcontractors.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15. OTHER IMPORTANT TERMS
15.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.3 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.