Terms & Conditions
The Legal Bits
This website is owned and maintained by Diets2go Limited, hereby referred to as “The Company”. In using this site, you agree to the terms and conditions listed below. While reasonable steps have been taken to ensure that the information contained is updated and accurate, The Company makes no warranties about the accuracy of the information, assumes no responsibility for inaccuracies or mistakes in the information, and reserves the right to make changes to the products and services described in this site at any time without notice, so please read this agreement carefully before proceeding.
The Company wants you to browse this site freely, but you do so at your own risk. The Company is not responsible or liable for damages of any kind (including but not limited to direct, indirect, incidental, consequential, or punitive) related to your use of this site.
The Company makes no representations or warranties of any kind, express or implied with respect to this website or the information, content, materials, or products included on this site, including without limitation warranties of merchantability and fitness for particular purpose. In addition, The Company does not represent or warrant that the information accessible via this website is accurate, complete, or current. Neither The Company nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials or products included in this site.
The Company may provide electronic links to third party web sites (including contract affiliates), which are not owned, or operated as part of this website. The Company shall in no way be responsible for the content or any representations made on websites by such third parties and has not reviewed the content of these sites. The Company does not control the content in the third-party websites since the third- party web sites are separate and distinct legal entities from The Company. Your access and dealings with those sites are done so at your own risk.
Other product and service names used in this website are used for identification purposes only and may be trademarks of their respective companies.
All rights in web site design, graphics, logos, the selection and arrangement thereof, software, text and underlying source code is owned and copyrighted by The Company, its affiliates or their content and technology providers. ALL RIGHTS RESERVED.
The Company welcomes your feedback at various places in this site. However, any communication or other material you send to this site by email or other means, including your questions or comments will not be treated as confidential. The Company or its affiliates may use any communication or other material you transmit to the site (and the ideas contained in the material) for any purpose, including reproducing, posting or publicising such material or using the material for marketing purposes.
We may send you our regular newsletters which will contain information regarding updates and changes to our website, details of new products and downloads and occasionally details of third-party websites. Your details including your email address, will never be passed to any other Company or individuals.
When you place an order, you are buying the product(s) from The Company and The Company will send you an order acknowledgement. However, your order will only be your responsibility once your order has been delivered to you or left in a safe place. Until then The Company can decline to supply the goods – The Company will try to ensure that this never happens but The Company does, however, reserve the right not to fulfil your order for any reason if, for example, The Company has made an error on the price or similar or The Company simply can’t get hold of the product you requested. In the event of these unusual circumstances, The Company will refund you any price you have paid to The Company. The Company reserves the right not to accept an order for any reason and The Company will not be liable to you or anyone else in these circumstances.
The Terms and Conditions of The Company are the contract between us for the sale of Products to you. Please read all the Terms and Conditions carefully and make sure that you fully understand them, before ordering any Products from The Company. Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non- exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for items sold on the site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse- engineer, disassemble, decompile or otherwise exploit this site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at The Companies discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this site any content, information, or other material that (1) Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (2) Is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give
rise to any civil or criminal liability under UK. or international law; or (3) Includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician, nutritionist, dietician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition or to ensure that you are able to order certain foods from The Company ́s site. Submissions or opinions expressed on this site are that of the individual expressing such submission or opinion and may not reflect The Companies opinions.
We may assign you a password and account identification to enable you to access and use certain portions of this site. Each time you use a password or identification, you will be deemed to be authorised to access and use the site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorisation or source of any such access or use of the site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify The Company of any unauthorised use of your password or identification or any other breach or threatened breach of this site’s security.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide to The Company, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and non-proprietary, and The Company shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become The Companies sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant The Company the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this site and that use of your reviews, comments, or other content by The Company will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead The Company or third parties as to the origin of any Submissions or content. The Company may, but shall not be obligated to, remove, or edit any Submissions (including comments or reviews) for any reason.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, The Company may, without prior notice to you, immediately terminate the Agreement or revoke any or all your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and The Company shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from The Companies suppliers, The Company shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether the order has been confirmed or not and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Company shall immediately issue a credit to your credit card account in the amount of the charge.
You will not be surprised to learn that you can pay with any type of credit/debit card. This includes Maestro, Delta, MasterCard, American Express or Visa card and The Company does all The Company can to ensure your details are secure. The Company also accepts PayPal on all online orders, and this does not cost you any extra. If there are any problems with receiving payment, The Company will let you know.
From time to time The Company will offer discount codes on selected products. Discount codes will be available for limited a time with eligible dates clearly visible. They are also subject to availability and can be withdrawn at any time and you can only use one discount code per order. If you are returning part of an order that has had a discount code applied, any refund, if applicable, will be for the full amount minus the discount applied.
Unique Discount Codes
Unique codes are a little different from The Company ́s normal discount codes, but everything mentioned above still applies. Your unique discount code has been generated especially for you and can only be used once. When you are ready to redeem your offer, simply copy and paste it into the discount code box. You will find this on the basket page when placing your order. This code can only be redeemed online and is not valid for orders placed over the phone.
From time to time The Company may also send you promotional offers and details, including when you first register for My Account. Our My Account registration discount offer applies to orders worth £600.00 or more. Your discount code will have an expiry date and will not be valid for use after that date. This is a promotional offer and can be withdrawn at any time.
Occasionally something will happen out of The Companies control that closes roads, like floods snow or other adverse weather conditions or things like, sporting events which result in closed roads. In this event The Company will block any affected dates out of the checkout delivery calendar. If you have already selected your delivery date and you are affected, The Company will contact you as soon as possible to arrange alternative delivery options. The Company will do what The Company can but cannot be held liable if The Company cannot fulfil delivery due to reasons beyond The Companies control.
Unfortunately, on the rare occasions where a delivery is unsuccessful, The Company is not liable for costs incurred.
There are various delivery options available, depending on your needs and how much you want to pay. These options are set out clearly on the checkout page before you place your order.
Track Your Order
By tracking your order, it allows you to view a live estimated delivery window, an interactive map of where The Company is up to and how many deliveries The Company is making before The Company gets to you. You can use track your order to change your delivery date and request another invoice should you need it.
For certain items delivered by The Companies authorised courier or The Company ́s driver, you can ask The Companies authorised courier or The Company ́s driver to leave your order in a safe place or with a neighbour if you are not going to be in. You can also send The Companies authorised courier or The Company additional instructions in writing if you need to. Please note that The Company will not take any responsibility for any lost or stolen goods, nor will The Company be in any way held responsible should you or any third party, where your order has been left, fail to take care of the goods. Additionally, when your order is left, as they are perishable goods, it is the responsibility of you or any third party to take clear photographic evidence showing the date and time of delivery and or pick up, as without this The Company will not consider any claims you may have against The Companies authorised courier or The Company.
Things Beyond the Companies Control
The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of The Companies obligations under these terms that is caused by events outside The Companies reasonable control. Such events include any act, non-occurrence, omission, or accident beyond The Companies reasonable control and includes, in particular (without limitation), the following:
1) Strikes, lockouts or other industrial action; or civil commotion, riot, invasion,
lockdowns, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
2) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster or adverse weather; or
3) Impossibility of the use of railways, shipping, aircraft, motor transport or other
means of public or private transport; or
4) Impossibility of the use of public or private telecommunications networks
The Companies obligations under these terms may be suspended for the period that such event continues, and The Company will have an extension of time to perform these obligations for the duration of that period. The Company will take reasonable steps to bring the event to a close or to find a solution by which The Companies obligations under these terms can be performed despite the event.
The Companies Liability to You
Here at The Company, we strive to deliver a great service to every customer. The Company also likes to be honest and fair in all The Company does, so The Company acknowledges that sometimes mistakes may happen. If a circumstance arises where The Company are accountable for a mistake, The Company wants to ensure that The Company takes full responsibility.
The Company does not exclude liability for the following heads of loss:
1) Fraud or fraudulent misrepresentation.
2) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title
and quiet possession).
3) Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods
Act 1979 (description, satisfactory quality, fitness for purpose and samples).
4) Defective products under the Consumer Protection Act 1987.
How the Company may use your Personal Information?
The Company will use the personal information you provide to The Company to:
1) Supply and deliver the products. Process your payment for such products.
Inform you about similar products or services that The Company provides, but you may stop receiving these at any time by contacting The Company in writing.
2) You agree that The Company may pass your personal information to The
Companies delivery agents or credit reference/fraud preventions agencies
and that they may keep a record of any search that they do. The Company will not give your personal data to any other third party without your consent.
3) Telephone calls may be recorded for training and monitoring purposes.
4) If you attempt to make payment but there is an error or delay in processing,
The Company may use this information submitted to contact you to complete your order.
The contract made between The Company and all The Companies and your rights and obligations shall be governed by English law and any disputes arising under it shall be heard in the English courts.
Externally Generated Content
The Company does not accept responsibility for the accuracy of articles published to the news pages on this site, nor does The Company accept any liability for the text or images supplied to The Company by any third parties to support these articles. Neither The Company nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the publication of materials on this site or the information, content, materials or products supplied to promote events or products not wholly-owned by The Company. The Company may hold the information of the supplier or promotion sponsor for 120 days after the publication date.
To limit the liability of The Company, the supplier or promotion sponsor will indemnify, defend and hold harmless The Company, its affiliates, and their respective officers, directors, employees and agents against any and all liability, loss or damage, including reasonable attorney’s fees, arising in connection with any allegation, claim, action or proceeding instituted by a third party related to (1) The membership or the content, (2) Promotion sponsors failure to comply with applicable laws, (3) Promotion sponsors negligence or wilful misconduct.
In no event will The Company be responsible for any loss of data, loss of profits, cost of cover or other special, incidental, consequential, indirect, punitive, exemplary or reliance damages arising from or in relation to a publication or promotion.
The Company aims to process all orders, cook, package and despatch within the time limits specified on The Company ́s site.
Under no circumstances should you consume any of The Company ́s meals if you are in any way unsure if the product is fit for consumption. Please contact The Company immediately in writing, without attempting to taste any meal, should this be the case.
Every time you place an order with The Company, you are agreeing to enter into a contract with The Company for the period selected by you when placing your order on The Company ́s site.
Under certain circumstances The Company reserves the right to substitute certain products which may form part of your order.
Every time you place an order with The Company, the terms, and conditions in force at that time will apply to the contract between you and The Company.
Your Rights as a Consumer
If any of The Company ́s meals are not fit for consumption on receipt of delivery or when picked up from your designated safe place for a left delivery, please contact The Company immediately in writing with the specific reasons as to why you feel this is the case. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO TASTE OR CONSUME ANY MEAL.
If for some reason any of the packaging arrives broken in any way then please report this to The Company immediately in writing along with a clear picture including a date and time, of the damage and the reference number of that meal. Upon receipt of this information The Company will then endeavour to send you a replacement meal with your next delivery or add a credit to your account for this meal.
As most of the products on The Company ́s website are perishable, the right to cancel a contract does not apply, however, as a consumer, you may have other rights which will be available from your local Citizens’ Advice Bureau.
Unless any meal is not fit for consumption, have faulty packaging or not as described, you will be responsible for the cost of returning the products to The Company or, where relevant, the cost of The Company collecting the products from you.
In the exceedingly rare case that any individual ingredient may be missing from any individual meal, then please report this to The Company immediately in writing along with a clear picture including a date and time and the reference number of that meal. Upon receipt of this information The Company will then endeavour to send you a replacement meal with your next delivery or add a credit to your account for this meal.
You have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.
Where applicable, refunds will be made to you using the same method and to the same account as used by you to pay for your order.
Delivery of Meals
Your order will be fulfilled by the estimated delivery date set out in the dispatch confirmation unless there is an event outside of The Companies control. If The Company is unable to meet the estimated delivery date because of an event outside of The Companies control, you will be informed by The Company or The Companies
authorised courier company. All delivery dates are estimates and are not guaranteed.
Delivery will be completed when The Company, or The Companies authorised courier company, deliver the products to the address you gave to The Company. If no one is available at your address to take delivery, The Company, or The Companies authorised courier company, will follow the instructions and the order will be left in an area that the authorised courier company or The Company considers safe. The Company will also endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
The products will be your responsibility from the completion of delivery. You own the products once The Company has received payment in full, including all applicable delivery charges when placing your order on The Company website.
Free delivery is not available unless you have a promotional code as per The Company’s website and delivery times can vary, you can pick the next available estimated delivery date when placing your order.
If a customer refuses a delivery for whatever reason, the parcel is destroyed or automatically returned to the sender, perishable items cannot be resent and refusing an order should be a last resort as you will not be eligible for a refund.
The buyer gives permission for the authorised courier or The Company ́s driver to leave the parcel in a safe location. This is however down to the individual driver discretion and cannot be guaranteed.
If the buyer is not available at time of delivery, The Company will try to leave your delivery with a neighbour or in a convenient place
Price of Products and Delivery Charges
The price of a product includes VAT (where and if applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, The Company will adjust the VAT you pay (where and if applicable), unless you have already paid for the products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. The Companies delivery charges are as quoted on The Company ́s website.
The Company ́s website contains many products. It is always possible that, despite The Companies reasonable efforts, some of the products on The Company ́s website may be incorrectly priced. If The Company discovers an error in the price of the products you have ordered The Company will inform you of this error and The Company will give you the option of continuing to purchase the product at the correct price or cancelling your order. The Company will not process your order until The Company has your instructions. If The Company is unable to contact you using the contact details you provided during the order process, The Company will treat the order as cancelled and notify you in writing. In all circumstances please note that if the pricing error is obvious and unmistakeable and could have reasonably been
recognised by you as a mispricing, The Company does not have to provide the products to you at the incorrect (lower) price.
Products can be withdrawn from the website at any time and promotions, offer codes and limited time offers can be withdrawn at any time. The Company is not liable to anyone for withdrawing any products from the website or for refusing to process an order.
If The Company has to contact you or give you notice in writing, we will do so by email, telephone or by post to the address you provide to The Company in your order.
Upfront Payments are Non-refundable.
Payment for the products and all applicable delivery charges is in advance. Payment will be taken once you place your order and is non-refundable.
These Terms and Conditions are applicable now and were last updated on the 16th July 2020. The Company reserves the right to modify its terms and conditions from time to time without notifying its visitors. Visitors agree to periodically view our Terms and Conditions which will always be available on the www.diets2go.co.uk website.