Terms of Sale
The website www.fatblasterdiet.co.uk (the “Website”) is owned and operated by Pharmacare (Europe) Ltd and the expressions “Pharmacare (Europe)”, “Pharmacare Europe”, “we” and “us” and “our” mean Pharmacare (Europe) Limited (Company Number 06408300) whose registered office is at The Old Rectory, Church Street, Weybridge, Surrey, KT13 8DE. Contact address is at Unit 3 Dialog, Fleming Way, Crawley, West Sussex, RH10 9NQ.
These are the Website terms and conditions (the "Conditions"), which apply to the use of the Website by you, the end user. By using the Website you agree to be bound by these Conditions.
If you do not agree to be bound by these Conditions, you may not use or access the Website and we will have the right to restrict or prevent your access to the Website.
Please note that your use of this Website will be governed by our separate Website Terms and Conditions.
1.1 In these Conditions the following words shall have the meanings set out below:
"Conditions" means the standard terms and conditions of supply of goods and services set out in this document.
"Contract" means a legally binding contract for the sale and supply of Goods and/or Services made in accordance with Condition 3 of these Conditions.
"Goods" means the goods described in the Order.
"Order" means an order placed by you for the purchase of Goods and/or Services.
"Price" means the price of the Goods and/or Services detailed in the Confirmation.
"Services" means the services described in the Order.
"Working Day" means any day other than a Saturday and Sunday but excluding bank and public holidays in England.
2 Registration and acceptance of our conditions
2.1 If you register with us via our Websites, you will be deemed to accept these Conditions and you may copy these Conditions and store them for your future reference. Please read the provisions set out below carefully and confirm your agreement to them before submitting an Order.
2.2 We only supply Goods to individuals resident in the United Kingdom. We do not accept Orders for Goods orders from individuals outside of those countries.
2.3 We may from time to time at our absolute discretion provide Services to individuals resident outside of the United Kingdom and in accordance with any additional conditions, rules or instructions notified to the individual.
2.4 We only supply Goods and/or Services for purchase by adults and we do not sell to children. If you are under 18, you may use the Websites only with the involvement of a parent or guardian.
2.6 You must at all time keep your password and customer username confidential and you must notify us immediately of any unauthorised use of your customer username or password, or of any breach of security known to you. We can require you to change your password for security reasons at any time.
2.7 You are responsible for all activities which occur under your username and password, save where such activities occur as a result of our negligence or fault.
3 Placing an order
3.1 The Goods and Services displayed on the Websites and information about the Goods, the Services and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Goods and/or Services.
3.2 An Order is placed when you click the “Confirm Order” button on our order form and the placing of such Order will constitute an offer by you to purchase the Goods and/or Services subject to these Conditions. You should review the Order and correct any incorrect details before pressing the ["Confirm Order"] button.
3.3 We shall acknowledge receipt of your Order with an acknowledgment email. This is a confirmation that your order is now ready to be processed.
3.4 If the Goods which you have ordered are not available or we are unable to perform the Services you have requested, we shall inform you of this as soon as possible but in any event within [fourteen (14)] days from when you placed your Order.
3.5 If you receive a confirmation email for an Order which you did not place, or if the details in the confirmation email do not match the Order which you placed or intended to place, you must contact our customer services department at [email protected] or 0845 612 2070 to cancel the Order or correct the details.
4 “Cooling off” period & rights of return and cancellation
4.1 If you are contracting as a consumer you are entitled to a statutory cooling off period allowing you to cancel the Contract:
(a) in relation to any Goods at any time within seven (7) Working Days of receiving the Goods; or
(b) in relation to Services at any time within seven (7) Working Days of the Contract for Services being concluded; or
(c) where the confirmation email and such additional information as required by law is provided after delivery of the Goods or the Contract for Services is concluded (as applicable), seven (7) Working Days after the confirmation email and additional information is provided.
Without any liability to us except any direct cost incurred by us in relation to the Goods and/or Services being returned.
4.2 Where you cancel your Contract within the cooling off period we will refund to you any part of the Price that we have received promptly and in any event within 30 days of cancellation, provided the Goods and/or any items to be supplied in respect of the Services are returned undamaged and in the original packaging and that the Goods and/or any items to be supplied in respect of the Services have not been specifically tailored to your specifications, or personalised, or the Goods and/or any items to be supplied in respect of the Services by their very nature cannot be returned or are liable to deteriorate. We will also refund to you the cost of sending the Goods and/or any items to be supplied in respect of the Services to you but you shall be responsible for the cost of returning the item to us.
5 Basis of supply
5.1 Except as otherwise stated in these Conditions, these Conditions shall apply to the Contract to the exclusion of any other terms and conditions.
5.2 No variation of a Contract shall be binding unless agreed in writing by one of our authorised representatives.
5.3 In entering into the Contract you acknowledge that you do not rely on any representations which are have not confirmed by us in the confirmation email.
5.4 All illustrations, dimensions, weights and capacities listed on the Websites, or in any catalogue, price list or other advertisement are intended merely to present a general idea of the Goods or Services described and shall not form part of the Contract.
6 Variation of goods
We reserve the right in our absolute discretion to make any changes to the Goods and/or Services which do not in our opinion materially affect the quality or nature of the Goods and/or the Services.
7 Price and Payment
7.1 The Price displayed is in pounds sterling (unless otherwise stated) and is inclusive of VAT and does not include delivery charges which will be added to the total amount and will be shown when you make an Order and on the confirmation email.
7.2 Payment must be made in pounds sterling and can be made by using any major UK credit card or debit card shown on the Website.
7.3 Payment by any UK credit card or debit card is subject to authorisation by the credit card issuer. If such authorisation is refused to us, we will not be liable for any delay or non-delivery of the Goods and/or Services and the Contract will be deemed to be cancelled.
7.4 If payment is made by UK credit card or debit card, the card will be debited when the Order is placed. Any such payments will be refunded if your Order is rejected or the Contract is cancelled.
7.5 If you fail to pay us any sum due pursuant to the Contract, you will be liable to pay interest to us on such sum from the due date for payment at an annual rate of four percent (4%) above the base lending rate of Lloyds Bank plc from time to time accruing on a daily basis until payment is made in full (whether before or after any judgement).
7.6 Payment of the Price is a strict condition of the Contract and we may terminate the Contract and claim damages if the Price is not paid.
8 Orders from outside the uk
8.1 If you order any Services for delivery outside of the United Kingdom, they may be subject to import duties and taxes which are levied when the delivery reaches you. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
8.2 Please note that you must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.
9 Delivery, Risk and Title
9.1 Delivery of the Goods and/or any items to be supplied in respect of the Services shall be made to the address in the UK that you provide in the Order, or such other address that we may agree in writing.
9.2 We will deliver the Goods and/or any items to be supplied in respect of the Services to the address specified by you in your Order. If you fail to take delivery of the Goods and/or any items to be supplied in respect of the Services on the delivery date:
(a) delivery will be deemed to have taken place on the date for delivery;
(b) risk in the Goods and/or any items to be supplied in respect of the Services will pass to you; or
(c) we may (without prejudice to any of our other rights) dispose of the Goods and/or any items to be supplied in respect of the Services.
9.3 We will endeavour to deliver the Goods to you and/or commence the Services within seven (7) Working Days of you placing the Order with us or such alternative date (not earlier) specified by you but you acknowledge that it may not always be possible to deliver the Goods and/or commence the Services within this timeframe and you agree that delivery of the Goods and/or commencement of the Services may take longer. Any dates or times for delivery of the Goods and/or commencement of the Services quoted by us are estimates only. We shall not be liable if the Goods are not delivered and/or the Services are not commenced within seven (7) Working Days or for any failure to meet any estimated delivery date or for any costs, charges or expenses incurred as a result of any delay. You will not be entitled to refuse to accept any Goods or the provision of any Services or to cancel the Contract with us merely because of such failure.
9.4 We reserve the right to deliver and invoice the Goods and/or provide the Services in instalments and in such event each instalment shall be treated as a separate Contract and delivery of further instalments may be withheld until the Goods and/or Services comprised in earlier instalments have been paid for in full.
9.5 Risk of damage to or loss of the Goods and/or Services shall pass to you:
(a) at the time of posting, if you request the Goods and/or any items to be supplied in respect of the Services to be posted by us to you; or
(b) [at the time of us handing the Goods to a third party if you arrange for the Goods to be collected by a third party carrier;] and
(c) we shall not be liable to replace any lost or damaged Goods and/or any items to be supplied in respect of the Services after such delivery.
9.6 The manner of packing and transportation of the Goods and/or any items to be supplied in respect of the Services shall be at our discretion. No liability shall be accepted for failure to pack to any particular standard, or against any particular risk unless the requirement for such packing is specifically brought to our attention, accepted in writing by us and paid for by you.
10 Warranties and Liability
10.1 We warrant to you that Goods purchased from us through the Websites are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and any Services that we provide to you are performed with reasonable care and skill.
10.2 Subject to Condition 10.3 we will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Goods and/or Services is made. We will not be responsible for any business loss (including loss or profits, contracts, income or revenue, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made.
10.3 Nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud, or for any other liability that cannot be lawfully excluded or restricted.
11 Events outside our control
We shall not be liable to you or be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the provision of the Services and/or sale of the Goods if the delay or failure was due to any events outside of our reasonable control including without limitation a technical failure of the Internet, act of God, explosion, flood, fire, accident, war, terrorism, sabotage, insurrection, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, industrial actions or trade disputes (whether involving our employees or those of a third party).
12.1 Either we or you may, without prejudice to any rights or remedies that we or you may have against the other party, terminate a Contract with immediate effect on giving the other party written notice where the other party commits a material breach of any of its obligations under the Contract.
12.2 All outstanding sums shall be due immediately if the Contract is terminated by us for any reason detailed in this Condition 12.
13 Promotional Discounts and Free Samples
13.1 From time to time we may offer promotional discounts in respect of certain Goods and/or Services and we may also offer free samples on our Website. These promotional discounts and free samples will be subject to availability of the relevant Goods and/or Services and samples and are not an indication of availability.
13.2 All promotional discounts and free samples offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions these Conditions shall apply.
14.1 If you have any queries regarding these Conditions, you can contact us by writing to our address Pharmacare (Europe) Ltd, Unit 3 Dialog, Fleming Way, Crawley, West Sussex, RH10 9NQ. Alternatively you can email us at [email protected]
14.2 We may assign or subcontract the performance of some of our obligations under the Contract, including but without limitation, the provision of the Services.
14.3 No waiver by us of any breach of any Contract or these Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.4 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
14.5 If any provision of these Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these Conditions and the Contract shall continue in full force and effect.
14.6 These Conditions and the Contract formed pursuant to them represent the entire agreement between us relating to the purchase of the Goods and/or the Services and supersede all prior agreements, arrangements and undertakings between us relating to the Goods and/or the Services.
14.7 These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and you agree to submit to the non exclusive jurisdiction of the English courts.