Terms & Conditions
1. These Terms
1.1 What these terms cover. These are the terms and conditions which govern the use of our website and on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you begin using our website or submit your order to us. These terms tell you who we are, how you may use our website, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are The Food Physio Limited a company registered in Scotland. Our company registration number is SC519792 and our registered office is at 13 Melville Street, Edinburgh. EH3 7PE.
2.2 How to contact us. You can contact us by telephoning 0800 024 8460 or by writing to us at firstname.lastname@example.org or The Food Physio, 13 Melville Street, Edinburgh. EH3 7PE.
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 provide 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. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.
4. The Services (Nutritional Therapy)
4.1 Good nutrition helps build the body’s natural strength and resistance, however, we do not make any claim as to the efficacy of any nutritional protocols used in conjunction with the services.
4.2 You should note that the degree of benefit obtainable from nutritional therapy may vary between clients with similar health problems and following a similar nutritional therapy programme and we do not make any guarantees as to the degree of benefit obtainable by any one client.
4.3 Nutritional advice provided as part of the services will be tailored to support diagnosed conditions and/or health concerns identified and agreed between you and the nutritional therapist. You should note that nutritional therapists are not permitted to diagnose, or claim to treat, medical conditions in the course of providing the services and you acknowledge that nutritional advice is not a substitute for professional medical advice and/or treatment.
4.4 It is your responsibility to contact your GP about any health concerns you might have, whether these arise before, during or after the provision of the services by us to you. Even if you are not being treated by your GP, we recommend that you inform your GP that you are receiving nutritional therapy prior to the commencement of the services.
4.5 If you are receiving treatment from your GP, or any other medical provider, you should tell him about any nutritional strategy provided by a nutritional therapist, including advice given during the course of you receiving the services. This is necessary because of the possible interaction between specific medication or medical treatment and the services we provide.
4.6 It is important that you tell your nutritional therapist about any medical diagnosis, medication, herbal medicine, or food supplements, you are taking as this may affect the advice given during the course of the services.
4.7 If you are unclear about any information or advice provided as part of the services, including, for example, food supplement doses and intervals, you should contact your nutritional therapist promptly for clarification.
4.8 You must contact your nutritional therapist should you wish to continue any specified supplement programme for longer than the original agreed period, to avoid any potential adverse reactions.
4.9 We recommend that you report any concerns promptly to your nutritional therapist for discussion and action.
5. The Services (Weight Loss Programme)
5.1 The services include weight loss management and information applications and content published over the Internet and are intended only to assist users in their personal weight loss efforts. You acknowledge that we are not a medical organisation and we cannot give you a medical diagnosis. No advice given during the provision of the services should be construed as such a diagnosis. The information and reports generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
5.2 We strongly recommend that you seek medical advice before beginning any weight loss effort or regime. The services are not intended for use by minors or pregnant women. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
5.3 Before starting any weight reduction plan, you should make sure that you are not underweight.
5.4 It is your responsibility to contact your GP about any health concerns you might have, whether these arise before, during or after the provision of the services by us to you. Even if you are not being treated by your GP, we recommend that you inform your GP that you are receiving weight loss advice prior to the commencement of the services.
5.5 It is important that you tell your therapist about any medical diagnosis, medication, herbal medicine, or food supplements, you are taking as this may affect the advice given during the course of the services.
5.6 If you are unclear about any information or advice provided as part of the services, you should contact your therapist promptly for clarification.
5.7 We recommend that you report any concerns promptly to your therapist for discussion and action.
6. Your rights to make changes
If you wish to make a change to the services 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 services, 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 9 - Your rights to end the contract).
7. Our rights to make changes
7.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
8. Providing the services
8.1 When we will provide the services.
(a) If the services are one-off services. We will begin the services on the date agreed with you during the order process. The completion date for the services is as told to you during the order process.
(b) If the services are ongoing services. We will supply the services to you until either the services are completed or you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11.
8.2 We are not responsible for delays outside our control. If our supply of the services 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 services you have paid for but not received.
8.3 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the services as requested by you or notified by us to you.
8.4 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
9. Your rights to end the contract
9.1 You can always end your contract with us. 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 what you have purchased is misdescribed you may have a legal right to end the contract (or to have a service re-performed or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do;
(c) If you have just changed your mind about the services. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind).
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 21 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 How long do I have to change my mind? You have 14 days after the day we confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
9.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. How to end the contract with us (including if you have changed your mind)
10.1 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 us on 0800 024 8460 or mail us at 13 Melville Street, Edinburgh, EH3 7PE. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website.
(c) By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.2 How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described in Clause 9.5.
10.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a service 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 7 days of us reminding you that payment is due, or prior to the date the services are to be provided to you (whichever is the sooner); or
(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 services.
12. If there is a problem with the services
12.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone us on 0800 024 8460 or write to us at email@example.com or The Food Physio, 13 Melville Street, Edinburgh. EH3 7PE
12.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms 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.
If your product is services, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
- if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
13. Price and payment
13.1 Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 13.2 for what happens if we discover an error in the price of the services you order.
13.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service'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 service'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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
13.3 When you must pay and how you must pay. We accept payment through Paypal. You must make an advance payment of the full price of the services before we start providing them.
14. Our responsibility for loss or damage suffered by you
14.1 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.
14.2 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 services.
14.3 We are not liable for business losses or for indirect and consequential loss. We only supply the services for domestic and private use. If you use the services 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. Subject to Clause 14.2, we shall not be liable for indirect and consequential loss arising under or in relation to this Agreement. Except where otherwise stated in these terms, we also exclude all warranties of any kind, implied or express, in relation to the services in so far as we are able to do so under applicable law.
14.4 Our entire aggregate liability to you under or in relation to these terms including in relation to any breach of contract (including non-performance or negligence), delict, or otherwise shall be limited to the total cost of the services provided by us to you under these terms. For the avoidance of doubt this limitation on our liability will not apply to loss incurred by you as a result of: (i) our failure to provide you with the necessary information required under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and (ii) anything that cannot be excluded by law.
15. How we may use your personal information
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you;
(b) to process your payment for the services; and
(c) if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
16. Other important terms
16.1 Links to third party websites. These terms apply only to this website and the provision of services by us to you. They do not apply to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
16.3 No commercial use. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
16.4 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
16.5 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.6 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.7 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.
16.8 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.
16.9 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and you can bring legal proceedings in respect of the services in the Scottish courts. If you live in England you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the Scottish courts.