- 1.1. In these conditions when the following words with capital letters are used in these Terms, this is what they will mean:
- 1.2. Event Outside Our Control: is defined in paragraph 8;
- 1.3. Order: the Customer’s order for the Services as set out in the T&Cs;
- 1.4. Services: the services that Awesome Supplements is providing to you as set out in the Order;
- 1.5. Terms: the terms and conditions set out in this document;
- 1.6. We/Our/Us: means Awesome Supplements (which is the trading name of Awesome Supplements Ltd); and
- 1.7. You: means the Customer.
- 1.8. When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
- 2.1. These are the terms and conditions on which We supply Services to you.
- 2.2. Please ensure that you read these Terms carefully and check that the details on the Order and in these Terms are complete and accurate, before you sign the Order. If you think that there is a mistake please contact Us to discuss.
- 2.3. When you sign and submit the Order to Us, this does not mean We have accepted the Customer’s order for Services. Our acceptance of the Order will take place as described in paragraph 2.4. If Awesome Supplements is unable to supply you with the Services, We will inform you of this and We will not process the Order.
- 2.4. These Terms will become binding on you and Us when We issue you with a written acceptance of an Order or We contact you to tell you that Awesome Supplements is able to provide you with the Services, at which point a contract will come into existence between you and Us.
3. CHANGES TO ORDER OR TERMS
- 3.1. If you wish to cancel an Order before it has been fulfilled, please see the Customer’s right to do so in paragraph 9.
4. PROVIDING SERVICES
- 4.1. We will supply the Services to you from the date set out in the Order or the date agreed between Us.
- 4.2. We will make every effort to complete the Services on time as in accordance with the provision of the T&Cs. However, there may be delays due to an Event Outside Our Control. See paragraph 8 for Our responsibilities when an Event Outside Our Control happens.
- 4.3. We may have to suspend the Services but We will contact you to let you know in advance where this occurs and will give you at least 24 hours notice of any suspension unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this paragraph 4 but this does not affect the Customer’s obligation to pay any invoices We have already sent you for Services already supplied.
- 4.4. If you do not pay Us for the Services when you are supposed to as set out in paragraph 6, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under paragraph 6.
5. IF THERE IS A PROBLEM WITH THE SERVICES
- 5.1. In the unlikely event that there is any problem with the Services please contact Us at firstname.lastname@example.org and tell Us as soon as reasonably possible. Please give Us a reasonable opportunity to respond to your complaint.
- 5.2. As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about the Customer’s legal rights is available from the Customer’s local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. PRICE AND PAYMENT
- 6.1. Any price and fee set out in the Order will apply. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
- 6.2. These prices include VAT.
- 6.3. Where Awesome Supplements is providing Services to you, We may ask you to make an advance payment in the case of Trade orders. Your rights to a refund on cancellation are set out in paragraph 9. We will invoice you for the balance, if any, of the Services as set out in the Order above, and if the Order is silent on the point then when or any time after We have performed the Services. Invoices are due for payment at the date of invoice.
- 6.4. If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
- 6.5. However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, paragraph 6.4 will not apply for the period of the dispute.
7. OUR LIABILITY TO YOU
- 7.1. Subject to paragraphs 7 and 8, if We fail to comply with these Terms, Awesome Supplements is responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but Awesome Supplements is not responsible for any loss or damage that is not foreseeable or is your responsibility. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
- 7.2. We only supply the Services for your private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 7.3. We do not exclude or limit in any way Our liability for:
- Death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- Fraud or fraudulent misrepresentation;
- Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- Breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples.
- 7.4. Subject to clause 7:
- We are not liable for your performance at any interview or for what you say at an interview, which is your responsibility; and
- Our total liability to You in respect of the Services in respect of all and any claims brought by You, including for breach of contract, negligence or other default, except where specifically noted to the contrary in the above Order, is in all cases £750, which we consider is reasonable bearing in mind the nature of the Services.
8. EVENTS OUTSIDE OUR CONTROL
- 8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
- 8.2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster, or failure of public or private telecommunications networks.
- 8.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see the Customer’s cancellation rights under paragraph 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with Our cancellation rights in paragraph 9.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- 9.1. Before We begin to provide the Services, you have the following rights to cancel an Order for services, including where you choose to cancel because Awesome Supplements is affected by an Event Outside Our Control or if We change these Terms under paragraph 3 to the Customer’s material disadvantage:
- You may cancel any Order for Services at any time before the start date for the Services provided you give Us at least 24 hours advance notice prior to any agreed start time or meeting time for the Services;
- If you cancel an Order under paragraph 9 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you, unless you have failed to give at least 24 hours notice of cancellation. If you give at least 24 hours advance notice of cancellation then we will give you a full refund. If you fail to give at least 24 hours notice of cancellation then: (a) We will not refund any advance payment of £100 or less, and (b) any refund of any advance payment to the extent it is above £100 will be entirely at our discretion.
- If you cancel an Order for Services under paragraph 9 and We have already started work on the Customer’s Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us.
- However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
- 9.2. Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 14 calendar days' notice in writing and any advance payment you have made for Services that have not been provided will be refunded to you.
- 9.3. Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
- We break this contract in any material way and We do not correct or fix the situation within 5 days of you asking Us to in writing;
- We go into an insolvent winding up;
- We change these Terms under paragraph 3 to the Customer’s material disadvantage;
- Awesome Supplements is affected by an Event Outside Our Control.
- 9.4. Should you cancel your order, We require you to return the unwanted items at your own cost and recommend using recorded delivery before we refund you. We expect the items to be returned to us in good time, unopened with no seals broken, unused, in good condition and that they are repackaged well enough that they are not damaged in transit. Please contact us at email@example.com for the return address.
- 9.5. If a mistake has been made in our pricing, we have inadvertently over-priced goods or if we are unable to supply a particular item for any reason, you may cancel your order. In this situation, we will notify you of this as soon as possible and you will be given the option to order other items or to receive a full refund (including delivery costs).
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- 10.1. We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. If this happens:
- 10.2. We will promptly contact you to let you know;
- 10.3. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- 10.4. Where We have already started work on the Customer’s Order for Services, We will not charge you anything and you will not have to make any payment to Us.
- 10.5. Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 14 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you. We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
- You do not pay Us when you are supposed to as set out in paragraph 6. This does not affect Our right to charge you interest under paragraph 6; or
- You break the contract in any other material way and you do not correct or fix the situation within 48 hours of Us asking you to in writing.
- 11.1. When purchasing items, we offer you a subscription service. Once you sign up to this, it means we will send the items you specify in your subscription until you wish to stop. The money will be automatically taken each month, so you don’t need to do anything unless you wish to cancel.
- 11.2. Payments will be taken on the on the same day each month, which will be the day that you made your purchase or the nearest calendar day to this.
- 11.3. Should we be out of stock of an item in your subscription list, decide to discontinue a product and/or make prices changes, we will notify you via email.
- 11.4. There is currently no minimum sign up term for subscriptions.
- 11.5. You are able to amend and adjust your subscription at any time, by logging into your account on the Awesome Supplements website. Please email firstname.lastname@example.org if you have any questions or issues with your account.
- 12.1. Awesome Supplements use a fulfilment company called James and James to store, handle and ship our products. All orders are checked thoroughly before dispatch and we aim to provide delivery within 2-4 working days of your placing your order and this should be taken into account when purchasing your items. However, this time frame cannot always be guaranteed.
- 12.2. For our Awesome Supplements, these are fulfilled in-house. All orders are checked thoroughly before dispatch and we aim to provide delivery within 2-4 working days of your placing your order and this should be taken into account when purchasing your items. However, this time frame cannot always be guaranteed.
- 12.3. Once you order has been received, you will receive a confirmation email. We will aim to dispatch on the same day (depending on the time of your order) and you will receive a dispatch email once your products have been sent, which also contains a tracking link and Awesome Supplements contact information. Note that goods will only be sent out after your funds have cleared.
- 12.4. Unfortunately, we cannot be held responsible for any items damaged in transit or late deliveries that are beyond our control (e.g. due to bad weather and any other extreme circumstances which may reasonably cause a delay). Please see our terms and conditions for Events Outside Our Control policy, section 8.
- 12.5. Awesome Supplements does not take responsibility for re-arranging missed deliveries from your carrier. The onus will remain on the customer to re-arrange this in every instance.
- 12.6. It is your obligation as a customer to ensure that all delivery information provided is accurate and in full and that someone is available to receive delivery. We do not accept liability for items that have been delivered to the wrong address due to incorrect information being provided. No refund shall be given in these circumstances. If in the unlikely event that an error is made on our part, we will send new items to you immediately at our cost or provide you with a full refund (including delivery costs).
- 12.7. Please do place your order in good time to avoid any disappointment resulting from late deliveries. If your order has not arrived within 4 days of your purchase date, please email email@example.com to advise us and we will investigate immediately. In the rare instance that this does happen, we will resend your order using next day delivery at our own cost.
- 12.8. Please note that we do not pay for or compensate for customs duties on items sent outside of the UK.
- 12.9. Should you have any enquiries please advise us immediately on firstname.lastname@example.org and we will rectify the problem as soon as we can. We usually respond to emails within 24-48 hours.
- 13.1. Awesome Supplements wants you to be completely happy with your purchase. If you wish to return your items for any reason, please notify us 24 hours in advance of the return in writing, via email to email@example.com. Please ensure you detail why you wish to return your purchase, in order for us to determine whether or not we will accept the return and to determine the best course of action. In instances where we accept the return of the item(s), we will refund your money in full immediately upon receipt of the aforementioned email, or within 30 days once the return items have been received.
- 13.2. We require you to return the unwanted items at your own cost and recommend using recorded delivery before we refund you. We expect the items to be returned to us in good time, unopened with no seals broken, unused, in good condition and that they are repackaged well enough that they are not damaged in transit. Please contact us at firstname.lastname@example.org for the return address.
- 13.3. If a mistake has been made in our pricing, we have inadvertently over-priced goods or if we are unable to supply a particular item for any reason, you may cancel your order. In this situation, we will notify you of this as soon as possible and you will be given the option to order other items or to receive a full refund (including delivery costs).
- 13.4. If your purchase arrives faulty, damaged or broken due to transit, we must be notified of this within 24 hours of receipt, in writing, via email to email@example.com so we can make enquiries with our couriers and arrange a replacement or full refund (including delivery costs) and arrange for the damage item to be picked up for return (at our cost) immediately. We are unable to replace or refund any items reported damaged after this time.
- 14.1. In the rare instance that you have a complaint, please send it in writing to firstname.lastname@example.org along with all supporting documents. You will receive an email within 24-48 hours to confirm receipt of your complaint.
- 14.2. Your complaint will then be investigated fully by our customer services, and reviewed with no bias, based on the facts of the situation. We will respond to you in writing with either a resolution or for further information within a 7 day window and where we can we will advise you regarding response timescales as the process continues.
- 14.3. In instances where a resolution cannot be reached – the complaint will be escalated to a higher level of management who will either make a decision or escalate further. A decision will then be made regarding the issue.
- 14.4. If you are not satisfied with the resolution given and want to appeal against any decision made, you may either ask to speak to our COO in writing, and/or liaise with them regarding further options.
15. INFORMATION ABOUT US AND HOW TO CONTACT US
- 15.1. Awesome Supplements is the business of Ben Coomber (see paragraph 1) who trades as ‘Awesome Supplements’.
- 15.2. If you have any questions or if you have any complaints, please contact Us. You can contact Us by by emailing email@example.com or for complaints on firstname.lastname@example.org.
- 15.3. If you wish to contact Us in writing, or if any paragraph in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to Ben Coomber Ltd at Saracens House Business Centre, 25 St Margaret’s Green, Ipswich, Suffolk, IP4 2BN.
- 15.4. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order. In each case where notice is given by pre-paid post the notice shall be deemed not to have been given until delivery of the notice at the service address.
- 16.1. We will use the personal information you provide to Us to:
- Provide the Services;
- Process the Customer’s payment for such Services; and
- Inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
17. OTHER IMPORTANT TERMS
- 17.1. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
- 17.2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 17.3. If We fail to insist that you perform any of the Customer’s obligations under these Terms, 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.
- 17.4. These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
- 17.5. Intellectual Property. All the intellectual property rights in all materials provided by Us or made available by us on Our website for the purposes of the Services or otherwise shall remain within the ownership of Awesome Supplements (or, as the case may be, its licensor). Such intellectual property may only be used by the Customer for the purposes of and limited to this Contract, for his personal use, and must not be copied, modified, disseminated in any way or used by the Customer for the purposes of any trade, commerce or business. Any permission to use such materials is terminable at any time on notice given by Awesome Supplements (or, as the case may be, its licensor).
- 17.7. We reserve the right to change these Terms and Conditions at any time, and you agree to abide by the most recent version of this Terms of Conditions each time you view and use the Website. You are accordingly advised to consult the Terms and Conditions each time you view and use the Website and to not use the Website if you do not agree with them.
18. SCIENTIFIC CLAIMS
- 18.1. All scientific claims regarding our products are made to the best of our knowledge and are based on current science as of March 2016, and thereby are not liable to any science outside of our analysis. We, as a company strive to keep up to date with research but are not liable if new research has not been taken into consideration with website text.
- 18.2. Please refer to the product information on the website where you can read the research used for each ingredient in that particular product.
- 19.1. These products are for use as dietary supplements only and are not meant to treat, diagnose, cure or prevent illness or disease. Do not exceed the stated dose, keep out of reach of children and always consult you GP before introducing a new supplement(s) to your diet.
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