- We are Health by us Ltd (HBU), a Limited Company registered in Scotland under company number SC634856, and whose registered office is 4 Swanfield, Edinburgh, EH16 4FR.
- HBU operate the site www.healthyus.co.uk
- HBU Services are only intended for people residing in the United Kingdom, within the Edinburgh area. HBU do not accept orders from individuals outside the Serviced Area.
By placing an order through the Site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old; and
- You are resident and/or require delivery to the Serviced Area.
- HBU strongly recommend that you seek medical advice before starting any nutritional program. The information provided by FFF is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or other FFF publications, including social media bulletins. This includes any advice FFF provide to you by email, over the telephone or in person.
- If you have a medical condition which affects your dietary requirements (eg allergies, intolerances and certain illnesses), you must not use HBU, or must take your own medical advice before using HBU. Being under 18, or severely underweight, or pregnant, or breastfeeding may also affect your dietary requirements and you should check with your medical adviser before using HBU. If any of these circumstances apply to you, you must inform our nutrition team of the circumstances that apply and the medical advice received. We may decline to allow you to use HBU. If you choose to use HBU, you do so at your own risk.
- If you have any type of food allergy, HBU ask that you refrain from eating HBU Food.
- Results from the purchase of HBU Food are not guaranteed. For the best results Food should be combined with daily exercise.
- Results will vary from person to person. Results (measured in terms of fat loss and lean muscle gain) may vary from person to person for several reasons including but not limited to environment, genetics, metabolic rate, and physical exertion.
- We may offer discount codes from time to time. All discount codes refer to the price excluding (if applicable) delivery surcharges and any additional clearly marked surcharges associated with certain recipes that may feature on the menu from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively, (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction.
- HBU reserve the right to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond HBU’s control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).
- When you pay for your order by card, HBU carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks 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. By entering placing an order with us you are giving us permission to carrying out these checks.
- Please note that we do not allow discount codes to be posted to third-party coupon, discount or promotional websites.
CANCELLATION AND CONSUMER RIGHTS
- By entering into these Terms you acknowledge that there is no automatic right to a refund where you wish to cancel your subscription for the Services.
- If you wish to cancel your subscription all requests must be sent by email to email@example.com. HBU require three (3) full working days’ notice in order to cancel your Delivery in all instances (except for the one (1) week package which cannot be cancelled).
- For all cancellations, the daily price of the package will be adjusted to reflect the number of days actually delivered, and there is a £50 administration charge (Admin Charge) to cover HBU’s internal administration costs and card processing fees.
- If you notify us that you wish to cancel at least three full working days before your first delivery, HBU will cancel your order and refund a maximum of the full amount paid by you (less the Admin Charge).
- Any refunds will be made within thirty (30) days from the date on which your subscription is cancelled.
- Pursuant to regulation 28 of the Consumer Contracts (Information, cancellation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, delivery bags containing freshly prepared meals, juices and ingredients are exempt from the right to cancel.
- If you are unhappy with your Food for a legitimate reason such as:
- Missing Food; or
- Failure of Food to arrive.
You MUST inform HBU within 24 hours of receipt of your food and, in any case, no later than the day after our records show it as having been delivered to you. HBU may provide a refund or other compensation as appropriate. Any refunds or compensation will be provided at HBU’s sole discretion.
- FFF reserves the right to cancel your order with immediate effect and arrange a full refund of outstanding amounts. FFF can exercise this right at any time and for whatever reason in its sole discretion.
- If you have a comment, concern or complaint about any Food you have purchased from us, please contact us via email at firstname.lastname@example.org
- The Food will be at your risk from the time of delivery.
- Ownership of the Food will pass to you upon delivery after HBU have received full payment of all sums due in respect of the Food.
- HBU shall not be deemed responsible for any theft of the Food from the delivery address.
- If you suspect that your Food has been stolen from the delivery address please contact us immediately so HBU can discuss alternative delivery arrangements. Until such alternative arrangements are made, HBU reserve the right to suspend your order until suitable new arrangements have been made.
- HBU expressly disclaims all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
- HBU warrant that any Food purchased from us through HBU Site will, on delivery; conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Food of that kind is commonly supplied.
- You warrant that any and all of the Food ordered by you is for your personal use only and not for resale.
- Subject to clause 11.2, if HBU fail to comply with these Terms, HBU shall only be liable to you for the purchase price of the Food for the particular order in which the loss or damage occurred.
- HBU will not accept liability for any loss or damage that is not foreseeable.
- Nothing in this agreement excludes or limits HBU’s liability for:
- Death or personal injury resulting from negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- Defective Food under the Consumer Protection Act 1987; or
- for any other matter in respect of which liability cannot by applicable law be limited or excluded.
- HBU attempts to identify ingredients that may cause allergic reactions for those with food allergies. However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk. Please be aware that HBU’s facility prepares foods and uses ingredients in HBU products that contain nuts or nut oil.
- HBU make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
- HBU cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular, HBU will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it.
- You agree to fully indemnify, defend and hold us, and HBU’s officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the Site.
- This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
INTELLECTUAL PROPERTY RIGHTS
- HBU are the owner or the licensee of all intellectual property rights in the Site (including the HBU logo), whether registered or unregistered, and in the material published on it.
- Food sold by us and Site content may be subject to copyright, trademark or other intellectual property rights in favour of third parties.
- HBU have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting HBU’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in HBU’s system’s capabilities.