TERMS AND CONDITIONS
The Legal Bits – Meal Prep Delivery Service – Weekly/Monthly Orders
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 advan ce. 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 commen ts 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 a limited 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. When applicable, our My Account registration discount offer applies to orders worth £600.00 per month 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.
Loyalty Rewards Programme
The Company offers this programme to any of The Company´s customers once they have fully completed their first full month’s order. It is important that you read the following terms and conditions that apply to this programme to ensure you fully understand them.
The Company´s loyalty rewards programme is designed to help you get the most out of being a customer of The Company. The Company rewards you for doing 1, 2 or 3 quick and simple things. Best of all, you can use the points (one point is equivalent to one pound) you earn to purchase more products from The Company or even convert them to cash!
The following terms and conditions(these “Loyalty Rewards Programme Terms and Conditions”) contain important information regarding the Programme. Please read the following Loyalty Rewards Programme Terms and Conditions carefully. These Loyalty Rewards Programme Terms and Conditions are incorporated into the Site Terms and Conditions. Acceptance of the Site Terms and Conditions includes acceptance of these Loyalty Rewards Programme Terms and Conditions. These Loyalty Rewards Programme Terms and Conditions are a binding agreement between you and The Company and will govern your participation in any and all Programme offers.
Participating in the Programme entitles existing customers to take advantage of certain Programme Rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by The Company in its sole discretion. The Company reserves the right to modify these Loyalty Rewards Programme Terms and Conditions at any time, without notice to you, so it is important to check the Loyalty Rewards Programme Terms and Conditions periodically. Participation in the Programme or redemption of Rewards is considered acceptance of these Loyalty Rewards Programme Terms and Conditions and any modified terms included therein.
Upon notice, The Company may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Programme or any Programme Rewards at any time, including the availability of any Programme Rewards.
Reviews Rewards – Terms and Conditions
1) Trustpilot Review – On your next full months order from The Company (Minimum order of Fifty Meals per Month), The Company will give you 10 free portions of protein pancakes – (Normal selling price of FIVE POUNDS FIFTY PER PORTION – As described on The Company’s website).
2) Facebook Like and Share – On your next full monthsorder from The Company (Minimum order of Fifty Meals per Month), The Company will give you 10 free
healthy juices (Normal selling price of THREE POUNDS FIFTY PER JUICE – As described on The Company’s website).
Reviews Rewards cannot be used in conjunction with any other offer or promotion or exchanged for cash.
1) Loyalty Rewards Programme Period
This Programme will continue until terminated, suspended, modified, or converted to another rewards programme by The Company (the “Programme Period”).
To become a part of the Programme, you must be a legal resident of the United Kingdom and be 18 years of age or older. To enrol in the Programme, you simply need to have ordered one month’s supply of meals from The Company (Minimum order of Fifty Meals per Month). You do not need to have a continuous monthly subscription to earn Points in the Programme.
3) Earning Points – Facebook Posts
Once you have completed your first full month’s order, you can begin racking up The Company points (“Points”) the following way:
Simply create a positive post/s about The Company on Facebook and for every person that signs up to The Company from your post/s for one month’s order of meals (Minimum order of Fifty Meals per Month), The Company will credit you with a TWENTY-FIVE POUND VOUCHER (Twenty-Five Points) to your Company account. The great news is, the more people that sign up, the more your Company account will grow, enabling you to get FREE HEALTHY MEALS EVERY MONTH to achieve all your monthly goals. Additionally, once your vouchers reach a balance of FIVE HUNDRED POINTS (Five Hundred Pounds) you can then redeem these for cash.
Upon notice, The Company reserves the right to suspend, terminate, revalue, or modify, without liability to our customers, all or part of the “Points” (Pounds) value structure and offers and any merchandise or service. The Company reserves the right to adjudicate all Points discrepancies in its sole discretion, and the customers agree to abide by any such adjudication. You can check your Company Points balance at any time by simply e-mailing us.
4) The Company Points Redemption
The Points are redeemable towards purchases of The Company’s monthly meal plans (Minimum order of Fifty Meals per Month). You can redeem your Points during the checkout process of your next order.
To redeem your Points, simply add your monthly meals to your shopping cart, and click the “Checkout” button and continue through the checkout process. When you get to the Payment Details section, you’ll see a box that that says “Use Loyalty Rewards Points” When you click it, your Points will be used and the pound value will be deducted from your order total. Done!
Points are available for redemption for the purchase of products only while supplies last. Product quantities may be limited. If you choose to apply Points to your purchase, you will need to select the amount of Points that are applied to the order. If you have more Points than are necessary to complete a purchase, the appropriate number of Points will be applied and deducted from your account to complete the purchase; points not needed to complete the purchase will remain in your account. If you have Points in your account, but not enough to complete the purchase, all Points in your account will be applied to the purchase. You will be asked to select another form of payment to cover the remaining balance. For example, if you have a Four Hundred Pound order in your cart, and you have 100 Points (equal to One Hundred Pounds), you may apply your Points to the purchase and pay the remainder with your credit card, in this case Three Hundred Pounds.
5) The Company´s Points Minimums and Maximums
You cannot redeem Points for more than the total amount of your purchase. Points are redeemable for cash once you have accumulated Five Hundred Points which equates to Five Hundred Pounds.
6) The Company´s Points Balance
You can always check your Points balance by e-mailing the Company.
7) The Company´s Points Expiration
Points will expire 12 months from the date they were first earned. If you do not redeem Points within this time frame, you forfeit all such Points.
Your Account with The Company lists your Points balance history, which displays the dates your points were earned.
8) Rewards Conditions
Rewards may be taxable, depending on the value of the item and tax rules and regulations at that time. You are solely responsible for reporting such items on your tax returns and paying any associated tax liability. You may not assign or transfer any Rewards. The Company makes no warranty in any respect as to any Rewards, merchandise or service available within the Programme.
The Company may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Programme and/or any Rewards at any time, including the availability of any Rewards. The Company may, in its sole and absolute discretion, terminate or suspend any customers participation in the Program for breach of these Loyalty Rewards Programme Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Loyalty Rewards Programme Terms and Conditions. The Company reserves the right at its sole discretion to prohibit any customer from participating in any aspect of the Programme if The Company deems or suspects that such customer has engaged in or has attempted to engage in any of the following:(a) acting in violation of these Loyalty Rewards Programme Terms and Conditions; or(b) damaging, tampering with or corrupting the operation of the
Programme or Site; or(c) acting with intent to annoy, harass or abuse any other person; or(d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behaviour or activity; or(e) activity deemed in the sole discretion of The Company to be generally inconsistent with the intended operation of the Programme. Any decision The Company makes relating to termination or suspension of any customers participation in the Programme shall be final and binding in all respects. The Company shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Loyalty Rewards Programme Terms and Conditions or intent of these Loyalty Rewards Programme Terms and Conditions.
Except for wilful misconduct or gross negligence on the part of The Company, by participating in the Programme, customers release The Company, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Programme or the use of any Rewards.
You agree to indemnify, defend and hold The Company and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by you of any of these Loyalty Rewards Programme Terms and Conditions or any violation by you of applicable law.
Loyalty Rewards cannot be used in conjunction with any other offer or promotion .
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 from your safe place, 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.
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 a contract with The Company for the period selected by you when placing you r 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 YOU BELIEVE IT IS NOT FIT FOR CONSUMPTION.
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 which can be redeemed against your next monthly order.
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 which can be redeemed against your next monthly order.
In the exceedingly rare case that any individual meal that you have specifically chosen from The Company´s website is not to your personal taste, then, under no circumstances will this entitle you to any claims against The Company nor will you be entitled to any refund.
You have a legal obligation to keep the products in your possession once received and to take reasonable care of the products while they are in your possession, as once they are delivered, you own the products. The Company does not accept any responsibility for the long-term storage of any produce. It is your responsibility to transfer any perishable items to adequate storage upon the receipt of goods.
In the exceedingly rare case where we agree to any refund, 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 any/all, if applicable, delivery charges, when placing your order on The Company website.
Free delivery is available on all The Company´s Meal Prep orders placed on The Company´s website to where The Company delivers unless you live at a postcode within the UK where Free delivery does not apply. Delivery times can vary, you can
pick the next Free available estimated delivery date when placing your order, however this is not guaranteed.
If a customer refuses a delivery or is not available for their chosen delivery date, time and place, for whatever reason, or the parcel is destroyed or automatically returned to the sender, perishable items cannot be resent and refusing an order or not being available for their chosen delivery date, time and place, should be a last resort as you will not be eligible for a refund.
If the buyer is not available at their chosen date, time, and place of delivery, for any reason, The Company will try to leave your delivery with a neighbour or in a convenient safe place. At this point the buyer will be totally responsible for the parcel and the buyer has no rights against The Company should they, or the third party fail in any way to collect or look after the parcel.
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.
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.
We offer free delivery to the UK excluding the Highlands and Northern Ireland. We may not be able to deliver if you’re in the Scottish Highlands or in more remote parts of Scotland. For the following postcodes, delivery fees may be applicable and higher and your order won’t be eligible for free delivery or other promotions: BT, GY, HS, IV21-24, IV26-27, IV40-56, IM, JE, KA27-28, KW15-17, PA20-23, PA28-31, PA34 5*, PA 34 4*, PA41-78, PA80, PH33-50, SI, TR21-25, ZE. Additionally, The Company reserves the right to add or remove postcodes from our terms at any time in relation to our Free delivery service as this is provided by The Companies authorised courier company, who may change their terms without prior notice, however, if an order has already been accepted by The Company, The Company will honour the original contract that was agreed for the Free delivery service.
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.
Perishable Goods are Non-refundable.
Payment for the products and any/all, if applicable, delivery charges, is in advance. Payment will be taken once you place your order and is non-refundable ‘This is in addition to your legal rights’.
The Company understands your concerns about potential allergens in the foods you eat. The Companies primary goal is to provide accurate information on the packaging of each product and on The Company´s website. To do this, we carefully manage the ingredients we buy and how we prepare our products.
Whilst The Company takes extreme cautions to minimise the risk of cross contamination, The Company cannot guarantee that any of The Company’s products are safe to consume for people with peanut, tree nut, milk, egg or wheat allergies. However even when it is not required by regulation, if there is a risk to allergic consumers due to the presence of a major allergen in a product, The Company will attempt to declare its presence on the packaging of that product and on The Company´s website. The allergens that The Company will always declare are: Peanuts – Tree Nuts – Egg – Milk – Fish – Crustaceans – Molluscs – Wheat – Soybeans – Sesame Seed, Mustard, Lupin, Sulphites, Gluten, Celery. Any allergies that are not listed, cannot be catered for.
The Company will also provide information through the use of so-called “may contain” statement. The use of this statement is part of a program to manage the presence of allergens across everything The Company does, from ingredients, manufacturing, to finished products. The Company does everything it can to eliminate unintentional allergens, and The Company only uses the “may contain” statement when there is a real risk, albeit low, to an allergic consumer.
Both “contains” and “may contain” mean that if you are sensitive to the specific allergen(s), no matter which way it is listed on the meal or website you should avoid the product. If you have allergy concerns, it is important to carefully read the information on each meal or on The Company´s website.
Ingredient and allergen information listed on a meal or on our website is only for the food contained in that meal. It is not intended for other meals even of what appears
to be the same product. Ingredients may vary from one meal to another due to product reformulation or where the product is produced.
For The Company´s customers, before placing any order, please inform The Company if you have any food allergies, as it is your responsibility to do so and should you fail to do this, The Company nor any of its affiliates, directors, employees or other representatives will be liable for any damages. Customers concerned with food allergies need to be aware of the risk. The Company will not assume any liability for adverse reactions to food consumed, or items one may come in contact with, while eating the Companies products.
Takeaway Collection/Eat in or Delivery – Terms and Conditions Addendums
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Takeaway” We/Us/Our” means Diets2go
“They/Their/Them” means our preferred food delivery platform Company “Website” means www.diets2go.co.uk
“Application” means Diets2go mobile application that you use for placing food orders.
“App” means our preferred food delivery platform Company
These Terms and Conditions govern the sale of all goods by us or our preferred food delivery platform Company and will form the basis of the contract between you and us or them. If you wish to place an order with us or them, our or their, Website/Application/App will guide you through the ordering process. Before submitting your order to us or them, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read our and their Terms and Conditions carefully before submitting it. If you are unsure about any part of our or their Terms and Conditions, please ask us or them for clarification.
All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with us or them, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or them. We or they retain the right to refuse any request made by you. If your order is accepted, we or they will inform you by email, SMS or via the website, Application or App. When placing an order, you undertake that all details you provide to us or them are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. When you place an order, you will receive an acknowledgement e-mail and or Webpage/Application/App confirming receipt of your order: this email and or Webpage/Application/App will only be an acknowledgement and will not constitute acceptance of your order. A contract between us or them will not be formed until we or they, send you confirmation by the medium used for placing the order (SMS, e-
mail or other appropriate digital means) that the goods which you ordered have been dispatched to you or collected by you, directly from one of our premises. Only those goods listed sent at the time of dispatch or collected by you will be included in the contract formed.
Pricing and Availability
Whilst we or they try to ensure that all details, descriptions, and prices which appear on our or their Website/Application/App are accurate, errors may occur. If we or they discover an error in the price of any goods which you have ordered, we or they, will
inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we or they are unable to contact you, we or they will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund from us or them. Delivery costs will be
charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
All online card payments are made to us or them if ordered via this method. Upon receiving your order, we or they carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a full payment against the value of the goods you wish to purchase. Once the goods have been despatched or collected by you from one of our premises and you have been sent a confirmation email, SMS or notification on the Website/Application/App, the monies paid shall be used for the value of goods you have purchased as listed.
Delivery Estimated Times and Charges
Times given for collection and delivery are only approximate; The Takeaway or our preferred food delivery platform Company can provide an exact time for delivery but endeavour to deliver within the approximate delivery time specified when you place
your order, however these times are not guaranteed.Any delivery charges will be as displayed at the point you place your order and by agreeing to place an order from us or them means you fully understand how much these delivery charges are.
Order Cancellation, Amendments and Collections
Once the order has been confirmed and payment taken from your account, you will be unable to cancel your order and will not be eligible for a refund. To change or cancel your order please contact the Takeaway directly or our preferred food delivery platform Company to attempt to resolve your request. The Takeaway or our preferred food delivery platform Company cannot guarantee your request will be accepted as food processing may already be underway. If for any reason you fail to collect your order from your chosen takeaway at your designated time, you will not be eligible for a refund.
Our Preferred Food Delivery Platform Company / App
When you place an order via this Platform/App, you will also be subject to their terms and conditions and as such it is your total responsibility to ensure you fully read and understand these prior to ordering. Under no circumstances are we in any way responsible for any disputes you may have against them or that may arise in the future, for the services which they provide via their own platforms/App.
We, shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of our Website/Application.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
General – Meal Prep Delivery Service & Takeaway
These Terms and Conditions are applicable now and were last updated on the 15th September 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.
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.