Nushape Limited Terms and Conditions
EACH TIME YOU USE THIS WEBSITE AND EACH TIME YOU PLACE AN ORDER FOR ANY OF OUR PRODUCTS OR SERVICES YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. PLEASE READ THE FOLLOWING CAREFULLY. BY PROCEEDING WITH YOUR USE OF THE WEBSITE AND BY ORDERING PRODUCTS AND / OR SERVICES FROM THE WEBSITE, YOU CONFIRM YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
1. Welcome to our Terms and Conditions.
To avoid all misunderstandings, please read these terms and conditions carefully. By placing any order you agree to be bound by these terms and conditions. If you don’t agree to these terms and conditions, please don’t place any order.
We may change, update or amend these terms and conditions from time to time. Any changes will take effect once they are posted on the website and your continued access or use of the website will imply your acceptance of the terms and conditions that apply at such time.
If you have any questions on these terms and conditions, please contact us using the contact details set out in Section 2 below.
2. Information about us.
Vegan Wellness Coach is a business owned by Nushape Limited, a limited liability company registered in Scotland. Our registered office address is 46 Craighall Road Edinburgh, EH6 4RU.
Our company registration number is SC492167 and VAT 211 8355 33
Our email address is: email@example.com
3. Information about our products
We offer a number of downloadable electronic products offering advice and information about plant based eating regimes, nutrition and lifestyle changes that can contribute to improved levels of wellness.
From time to time we may sell other products and services and we reserve the right to modify, terminate or otherwise amend any of our products and services at any time.
4. The Suggested Meal Plans
We strongly recommend that you seek medical advice before start any weight loss, diet or nutritional programme. The information provided by us is not medical advice or a substitute for medical treatment. Without prejudice to the generality you should not use the suggested meals without first obtaining your own medical advice if you are underweight, pregnant, breastfeeding under 18 or have any medical condition which affects your dietary requirements.
5. Prices and Payment
Prices for our products or services are inclusive of VAT where applicable. Whilst every care has been taken to ensure the accuracy of the pricing information, occasionally details are out of date. We will verify prices as part of our sales order process. In addition to the price of any products or services purchased from us, you may have to pay a delivery charge which will be as stated when you order your other products or services.
(b) Taking payment
In respect of all products and services, the price will be taken from the payment method at the time of payment of our invoice.
We reserve the right to adjust the pricing for our plans, products, services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to our products or services will take effect no earlier than 30 days following email notice to you and will not take effect for any product or service that is currently being provided. Please note that in relation to any orders, the terms and conditions in place at the time the order was placed will continue to apply, subject to any changes in price.
We reserve the right to cancel your order and/or withhold delivery of products or services if payment is not received from you prior to the delivery of the applicable products or services.
7. Your rights to cancel under the UK’s Consumer Contract Regulations
- Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), you have the right to cancel your order within a short time after the conclusion of the contract with you (e.g. by your receipt of our acceptance of your order).
- Unless the exception listed in Clause (e) below applies, you may cancel your order in writing without giving any reason within 14 days from the date of conclusion of the contract.
- You must inform us of your decision to cancel your order. You may submit your request by completing the form in Schedule 1 annexed below or by making any other clear statement in writing (for example by letter or email) setting out your decision to cancel. To meet the cancellation deadline it is sufficient for you to send your communication to us by using the contact details in Section 2 above to reach us before the 14 day cancellation period has expired.
- If you cancel your order in accordance with this Section, we will reimburse all payments received from you for the services purchased, not later than 14 days from the date on which we receive your communication in terms of Clause (c) above. We will use the same means of payment as you used for the initial transaction to process the reimbursement, unless you have expressly agreed otherwise. In any event, you will not incur any fees for requesting a reimbursement. Where goods have been supplied to you, we may withhold reimbursement until we have received back those goods or you have supplied evidence of having sent back the goods, whichever is the earliest.
- Notwithstanding the terms of Clause (b) of this Section, the right of cancellation does not apply to:
- the supply of digital content which is not supplied on a tangible medium (e.g. a CD or DVD) if you accepted when you placed your order that we could start to deliver it and that you could not cancel it once delivery had started; or
- the supply of a service if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started without incurring a charge
8. Risk and ownership
You will be responsible for any risk or damage to the products or other goods supplied to you once they have been delivered to you or delivered pursuant to the alternative delivery instructions you have provided to us. Ownership of the products or other goods supplied by us will only pass to you upon receipt by us of full payment of all sums due in respect of the products or other goods (including delivery charges).
9. Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective products we sell to you).
10. Limitations and exclusions of liability
- Nothing in the terms will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; or (c) limit or exclude any liability of a party in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business contracts, commercial opportunities or goodwill.
12. Other important terms
- This contract is between you and us
- Each section of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13. Communications between us
- When we refer to “in writing” in these terms, this will include e-mail.
- If you wish to contact us in writing for any other reason, including to make a complaint, you can send this to us by e-mail at firstname.lastname@example.org or by pre-paid post to 46 Craighall Road Edinburgh, EH6 4RU.
- For contractual purposes, you consent to receive communications from us electronically (such as by email or text) and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy and legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
14. Applicable Law
Except to the extent provided in the following paragraph, these conditions are governed by and construed in accordance with the laws of Scotland. Both you and we agree to submit to the exclusive jurisdiction of the courts of Scotland to resolve any dispute or claim between us.
If you are a citizen of any European Union Country the governing law and forum may also be the laws and courts of your usual place of residence.
The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.