Terms & Conditions
TERMS AND CONDITIONS
1. INTRODUCTION
1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the services (the Services) listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 15
1.2.2. Print a copy for future reference.
1.2.3. Read our privacy policy regarding your personal information.
1.3. By ordering any of the Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Anima Wellbeing Limited ('we'/'us'/'our'), a limited company (trading as Dietcare), registered in England and Wales under company number: 07489087 having our registered office at 260 - 268 Chapel Street, Salford, Manchester, M3 5JZ.. Our VAT Number is: 119 3644 11. Our business address is The Retreat, Grove Park, Knutsford, Cheshire, WA16 8QD..
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
3.2. We will contact you by email or provide you with information by posting notices on our Website, and social media sites such as but not limited to Facebook..
4. OVERSEAS ORDERS
4.1. We may accept your order if you are resident outside the United Kingdom, subject to reserving a right to amend the specifications or standards of the Services offered on the Website and/or these Conditions or to refuse to accept an order for our Services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
4.2. If we agree to supply any Services ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.3. You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.
5. REGISTRATION
5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Services are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Services from this Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.3.1. You fail to make any payment to us when due
5.3.2. You breach these Conditions (repeatedly or otherwise)
5.3.3. You are impersonating any other person or entity
5.3.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.3.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Services
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7. PRICE
7.1. The prices of the Services are quoted on the Website.
7.2. Prices quoted are for performance of the Services in the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted include VAT.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.
8. PAYMENT
8.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
8.2. However, we do not accept the following:
8.2.1. American Express.
8.3. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
8.4. Payment will be debited and cleared from your account before the provision of the Service to you.
8.5. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.6. By accepting these Conditions you:
8.6.1. Undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services ordered
8.6.2. Undertake that any and all Services ordered by you are for your own private or domestic use only and not for resale
8.6.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.7. We shall contact you should any problems occur with the authorisation of your card.
8.8. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.
9.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service or made it available to be downloaded on your personal page on the Dietcare website. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6. Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
9.7. The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
9.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
10. DELIVERY
10.1. The Services will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the Services, through your own personal page on the dietcare website or to the email address you supplied on registration or such other email address that we agree to use to communicate with you.
10.2. Any dates quoted for completing performance of the Service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.3. We shall not be liable for any delay in completing performance of the Service, however caused.
10.4. The Services may be sent to you in instalments.
11. CANCELLING YOUR CONTRACT AND RETURNS
11.1. Cancelling before receiving a Confirmation Notice.
11.1.1. You may cancel your order for the Services at any time prior to receiving a Confirmation Notice, or your dietcare diet from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to enquires@dietcare.com or a letter to The Retreat, Grove Park, Knutsford, Cheshire, WA16 8QD.. Your cancellation notice must quote your name, address, the name or a description of the services and Paypal reference.
11.2. Cancellation after receiving a Confirmation Notice.
11.2.1. You are entitled to cancel your Contract and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate and subject to clause 11.4, to items that are available to be downloaded. However, you will no longer have a right to cancel if, with your agreement, we have already commenced providing the Services to you before this period of time expires. We shall be deemed to have already commenced providing the Services, in circumstances where you have already downloaded products or materials that we made available to you, from the Website.
11.2.2. You may notify us of your wish to cancel by sending us a cancellation notice to enquires@dietcare.com or a letter to The Retreat, Grove Park, Knutsford, Cheshire, WA16 8QD.. Your cancellation notice must quote your name, address, the name or a description of the services and your Paypal reference number.
11.2.3. Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.
11.2.4. So long as you have complied with your obligations under this clause, we will refund the purchase price to you by debiting the payment card you used to purchase the Services.
11.3. Cancelling ongoing Services.
11.3.1. Some of the Services that we provide are available for either a fixed period or unspecified period of time (such as subscriptions on a pay as you go basis). In this clause these services are referred to respectively as 'Ongoing Fixed Term Services' and 'Ongoing Non-Fixed Term Services'.
11.3.2. You are entitled to cancel your Contract for any Recurrent Fixed Term Services and Recurrent Non-Fixed Term Services that you have purchased and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate, and subject to clause 11.4, to items that are available to be downloaded.
11.3.3. You will no longer have a right to cancel any Ongoing Fixed Term Services if, with your agreement, we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice. We shall be deemed to have already commenced providing the Ongoing Fixed Term Services, in circumstances where you have already downloaded products or materials that we made available to you from the Website, or if we have provided diet advise in line with your dietcare course.
11.3.4. In these circumstances you cannot cancel the Contract for any Ongoing Fixed Term Services until the end of the Minimum Duration (even where the Minimum Duration is more than one year) and you will not be entitled to a refund.
11.3.5. Although you may notify us of your intention to cancel an Ongoing Fixed Term Services at any time, such notice will only take effect after the Minimum Duration has elapsed. You may notify us of your wish to cancel the Ongoing Fixed Term Services by sending us a cancellation notice to enquires@dietcare.com or a letter to The Retreat, Grove Park, Knutsford, Cheshire, WA16 8QD.. Your cancellation notice must quote your name, address, the name or a description of the services and your Paypal reference number.
11.3.6. You will still have a right to cancel any Ongoing Non-Fixed Term Services if we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice, upon giving us 1 week's advance notice in writing. You may notify us of your wish to cancel by sending us a cancellation notice to enquires@dietcare.com or a letter to The Retreat, Grove Park, Knutsford, Cheshire, WA16 8QD.. Your cancellation notice must quote your name, address, the name or a description of the services and your order reference number.
11.4. Exception to the right to cancel
You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:
11.4.1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
11.4.2. The Contract is for goods which are bespoke or have been personalised
11.5. Incorrectly priced or described services
11.5.1.
