THESE CONDITIONS (TOGETHER WITH THE DOCUMENTS REFERRED TO WITHIN THEM) SET OUT THE TERMS AND CONDITIONS ON WHICH WE OFFER TO SUPPLY TO YOU ANY OF THE PRODUCTS ADVERTISED FOR SALE ON OUR WEBSITES TARGETWEIGHT.COM ("PRODUCTS"). PLEASE READ THESE CONDITIONS CAREFULLY BEFORE ORDERING ANY PRODUCTS. YOU SHOULD UNDERSTAND THAT BY ORDERING ANY OF THE PRODUCTS, YOU AGREE TO BE BOUND BY THESE CONDITIONS.
PLEASE CLICK ON THE BUTTON MARKED "I ACCEPT" BEFORE PROCEEDING WITH YOUR ORDER IF YOU ACCEPT THEM. IF YOU REFUSE TO ACCEPT THESE CONDITIONS, YOU WILL NOT BE ABLE TO ORDER ANY PRODUCTS FROM OUR WEBSITE. PLEASE PRINT OFF OR STORE ON YOUR COMPUTER A COPY OF THESE CONDITIONS FOR FUTURE REFERENCE.
REFERENCES IN THESE CONDITIONS TO "YOU" AND "YOUR" ARE TO YOU, THE INDIVIDUAL ACCESSING THE WEBSITE AND PURCHASING THE PRODUCTS; TO "SERVICES" REFER TO THE SERVICES THAT WE OFFER FROM TIME TO TIME ON THE WEBSITE; TO "CONTENT" REFER TO THE TEXT, GRAPHICS, PHOTOGRAPHS, INFORMATION AND ALL OTHER MATERIAL DISPLAYED FROM TIME TO TIME ON THE WEBSITE(S); AND TO "WE", "US" AND "OUR" ARE TO TARGET WEIGHT.
1 Information About Us
The targetweight.com website (our "Website") are operated by us, Target Weight. We are a company registered in England and Wales under company number 04174826. Our registered office address is at Beckside, Cartmel,
Cumbria LA11 7SP. Our main trading address is at Target Weight, Beckside, Cartmel,
Cumbria LA11 7SP. Our VAT number is 755 9077 90.
2 Use of Our Website
- 2.1 Our Website is only intended for use by individuals resident in the United Kingdom. Should you attempt to make an order from, or request a delivery to, a location outside of the UK we will not proceed with your order.
- 2.2 We endeavour to ensure that our Website is accessible 24 hours a day. However, we will not be liable for any losses that you may suffer if our Website is unavailable at any time or for any period or your access to our Website is interrupted, restricted or delayed for any reason. Please note that access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
- 2.3 By using our Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material that is defamatory, obscene, discriminatory or in breach of confidence or privacy or a third party's rights. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto our Website in breach of this Condition.
3 Your Status
By placing an order through our Website, you warrant to us that you are legally capable of entering into binding contracts, are 18 years of age or over and are resident in the UK and accessing our Website from the UK.
4 How the Contract is Formed Between You and Us
- 4.1 Your order constitutes an offer to us to buy Product(s). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (subject to these Conditions) once the Product(s) have been dispatched (the "Order Acceptance"). The contract between us will only be formed when we send to you the Order Acceptance.
- 4.2 The contract between you and us will relate only to those Products whose order we have accepted in the Order Acceptance. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been accepted in a separate Order Acceptance.
- 4.3 Should the Product(s) you order be unavailable, we reserve the right to send you substitute Product(s) of equivalent price and quality. However, we will always notify you first of our intention to do so.
5 Delivery, Risk and Title
- 5.1 The sale of the Products listed on our Website is subject to the availability of those Products.
- 5.2 We use every reasonable effort to ensure that the descriptions and photographs of the Products are as accurate as possible but give no warranty in respect of the accuracy of this information.
- 5.3 We endeavour to deliver the Product(s) within 7 business days of the date of the Order Acceptance, unless otherwise stated in the Order Acceptance or unless there are exceptional circumstances.
- 5.4 The prices for delivery of the Products are set out on our Website, as amended from time to time.
- 5.5 The Products will be at your risk from the time of delivery, or attempted delivery, to the address you specify in your order.
- 5.6 Ownership of the Products will only pass to you following delivery if we have received full payment of all sums due in respect of the Products, including delivery charges.
- 5.7 We endeavour to ship orders by national postal service or upon request by courier within 1 business day of receipt of order. Allowance must be made for weekends and national holidays. There may be circumstances where it may be necessary to allow 3-5 business days for delivery.
6 Third Party Websites
We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We do not give any undertaking that products you purchase from companies to whose website we have provided a link on our Website will be fit for purpose or of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
7 Contract Cancellation
- 7.1 If you are ordering Products as a consumer, you may terminate and cancel your contract with us at any time within 14 working days, beginning on the day after you receive the Products.
- 7.2 To cancel your contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them together with all packaging and instructions that were supplied with the Product (see Condition 8.4 below).
- 7.3 If we do not receive notification of the cancellation in writing within the 7 day period and delivery of the returned Products promptly in a good condition, your request to cancel the contract will be rejected.
- 7.4 Details of this statutory right to cancel your contract, and an explanation of how to exercise it, are provided in the Order Acceptance. This provision does not affect your statutory rights.
- 7.5 Provided that you cancel your contract and return the Products to us in accordance with the requirements of these Conditions, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy.
- 7.6 We reserve the right to terminate and cancel your contract with us if:
- we have insufficient stock to deliver the Products you have ordered;
- we do not deliver Products to the geographical location requested in your order;
- one or more of the Products that you ordered was listed at an incorrect price due to an error in the pricing information on the Website.
- 7.7 If we do terminate and cancel your contract with us, we will notify you as soon as possible by e-mail and will re-credit the amount paid by you to your account as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any compensation in respect of this cancellation.
8 Refunds Policy
- 8.1 Should you wish to cancel your contract or return a Product to us due to it being damaged , please notify us by contacting us at any one of the following addresses, clearly describing the reason that you wish to obtain a refund:
- by email to email@example.com; or
- by post to Target Weight, Beckside, Cartmel,
Cumbria LA11 7SP.
- 8.2 Should any of the Products we deliver be damaged or the incorrect quantity, you should notify us of this in accordance with Condition 8.1 within 30 days of receipt and return the Product to us promptly in accordance with this Condition 8.
- 8.3 Products must be returned in accordance with this Condition 8, otherwise the cancellation of the contract and/or the refund may be rejected.
- 8.4 All returns of Products are made at your own cost and risk. Therefore, we strongly recommend that you use an insured delivery method such as Royal Mail Special Delivery.
- 8.5 All Products must be returned in the same condition in which you received them, together with your proof of purchase and all packaging and instructions that were supplied with the Product.
- 8.6 We will endeavour to refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due promptly and, in any case, within 30 days of the day we receive your cancellation or the day we confirm to you via e-mail that you are entitled to a refund for delivery of a Product.
- 8.7 We reserve the right to replace damaged Products or refund you in full in respect of damaged Products, which are returned within the time period set out in Condition 8.2, including a refund of the delivery charges for sending the item to you. All Products returned as damaged, which are returned outside the 7-day period referred to in Condition 7.1 above, will be checked and if found to have no damage will be returned to you.
- 8.8 Products returned by you within the 7-day period referred to in Condition 7.1 and in accordance with these Conditions will be refunded in full, including the cost of sending the item to you.
9 Price and Payment
- 9.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
- 9.2 Prices include VAT and delivery costs to mainland UK.
- 9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance.
- 9.4 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- 9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- 9.6 Payment for all Products must be by credit card. We accept payment by Visa, Mastercard, or PayPal. We will charge your credit card at the time that you make your order. Should we not have a Product available for dispatch at the time of taking your payment, your payment will be regarded as a pre-payment. Orders for Products made by telephone can be paid for by cheque, credit card or bank transfer. We reserve the right to refuse any credit card transactions.
- 9.7 We do not store, nor do we intend to store any financial details submitted to us, including credit and debit cards.
10 Our Liability
- 10.1 THE PRODUCTS THAT YOU PURCHASE FROM THIS WEBSITE ARE THIRD PARTY PRODUCTS. DUE TO THE NATURE OF THESE PRODUCTS , WE DO NOT GUARANTEE THAT ANY OF THE PRODUCTS WILL BE FIT FOR PURPOSE OR OF SATISFACTORY QUALITY AND WE HEREBY DISCLAIM ANY SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS DISCLAIMER DOES NOT AFFECT YOUR STATUTORY RIGHTS AGAINST THE THIRD PARTY SELLER. FURTHERMORE, WE DO PROVIDE A RETURNS POLICY IN CONDITION 8 IN RESPECT OF DAMAGED PRODUCTS WHICH ARE RETURNED IN ACCORDANCE WITH CONDITION 8.
- 10.2 EXCEPT AS SET OUT IN CONDITION 10.3, OUR LIABILITY IN CONNECTION WITH ANY PRODUCT PURCHASED THROUGH OUR WEBSITE IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THAT PRODUCT.
- 10.3 THIS DOES NOT INCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU:
- FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
- UNDER SECTION 2(3) OF THE CONSUMER PROTECTION ACT 1987;
- FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR
- FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE, OR ATTEMPT TO EXCLUDE, OUR LIABILITY.
- 10.4 WE ACCEPT NO LIABILITY FOR ANY LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, WASTE OF MANAGEMENT OR OFFICE TIME OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- 10.5 WE GIVE NO REPRESENTATION, WARRANTY OR GUARANTEE IN RESPECT OF THE WEBSITE, THE AVAILABILITY OF THE WEBSITE, THE CONTENTS OR ANY OF THE SERVICES FROM TIME TO TIME AVAILABLE IN CONNECTION WITH THE WEBSITE.
- 10.6 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE:
- ALL EXPRESSED AND IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE WEBSITE AND THE CONTENT;
- ALL LIABILITY FOR ANY COMMUNICATIONS THAT ARE LOST, INTERCEPTED, ALTERED OR OTHERWISE ACCESSED BY THIRD PARTIES;
- ALL LIABILITY FOR ANY DIRECT OR INDIRECT LOSSES, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSS, DAMAGES, COSTS, EXPENSES OR LIABILITIES THAT YOU MAY SUFFER OR INCUR ARISING FROM YOUR USE OF THIS WEBSITE AND/OR RELIANCE ON ITS CONTENTS INCLUDING (WITHOUT LIMITATION) ARISING OUT OF ANY COMMUNICATION SENT BY YOU TO US OR ANY COMMUNICATION SENT BY US TO YOU VIA THE INTERNET.
11 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you 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. This Condition does not affect your statutory rights.
12 Notices and Complaints
- 12.1 All notices given by you to us (including any complaints that you may have) should be sent to Target Weight; By e-mail to: firstname.lastname@example.org; or by post to: Target Weight, Beckside, Cartmel,
Cumbria LA11 7SP.
- 12.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Condition 12.
- 12.3 Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13 Transfer of Rights and Obligations
- 13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
- 13.2 You may not transfer, assign, charge or otherwise dispose of the contract between you and us, or any of your rights or obligations arising under it, without our prior written consent.
- 13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the contract between you and us, or any of our rights or obligations arising under it, at any time during the term of the contract, including due to an asset or business sale of Target Weight.
14 Events Outside Our Control
- 14.1 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 events outside our reasonable control (a "Force Majeure Event").
- 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures; electrical power failures, strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, acts of God; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; shortage of labour or materials; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; non-performance of third parties; loss of or fluctuations in heat, light or air conditioning; the impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government or foreign courts or tribunals.
- 14.3 Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
15 Copyright In Our Website
- 15.1 The copyright and other intellectual property rights subsisting in the Content on our Website is owned by us and our licensors and we expressly reserve all rights in the same. You may print and download extracts from the content of our Website for your own non-commercial use provided that you do not modify any of the content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright or trade mark notification from such extracts.
- 15.2 Unless we state otherwise, all other reproduction or use of extracts of content from our Website is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used for any commercial purpose whatsoever without our prior written permission.
- 16.1 If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under the contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
If any of these Conditions or any provisions of a contract between you and us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18 Entire Agreement
- 18.2 You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Conditions.
- 18.3 A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
19 Our Right to Vary These Terms and Conditions
- 19.1 We have the right to revise and amend these Conditions from time to time.
- 19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Order Acceptance (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20 Law and Jurisdiction
Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.