EACH TIME YOU USE THIS WEBSITE AND EACH TIME YOU PLACE AN ORDER FOR ANY OF OUR PRODUCTS OR SERVICES YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. PLEASE READ THE FOLLOWING CAREFULLY. BY PROCEEDING WITH YOUR USE OF THE WEBSITE AND BY ORDERING PRODUCTS FROM THE WEBSITE, YOU CONFIRM YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
1. Welcome to our Terms and Conditions.
(b) We may change, update or amend these terms and conditions from time to time. Any changes will take effect once they are posted on the website and your continued access or use of the website will imply your acceptance of the terms and conditions that apply at such time.
(c) If you have any questions on these terms and conditions, please contact us using the contact details set out in section 2 below.
2. Information about us
(a) Our full name is Diet Chef Limited. We are a company registered in Scotland, number SC328517, and our registered office address is 2 Rennie Square, Brucefield Industrial Estate, Livingston, Scotland, EH54 9DF.
(c) We operate the website www.dietchef.co.uk ("Website").
3. Information about our products and services
(a) We offer a number of products and services, including:
(i) the Diet Chef weight management programmes, which includes our '7 day per week weight loss' programme and our 'maintenance' programmes (together the "Subscription Programmes"). The Programmes are described in more detail on our Website;
(ii) additional products, such as additional meals and vitamin supplements which you can add to your chosen Subscription Programme ("Subscription Products"); and
(iii) other products or services that we may offer from time to time, including, for example, books or other weight loss related items.
(b) WE STRONGLY RECOMMEND THAT YOU SEEK MEDICAL ADVICE BEFORE STARTING ANY WEIGHT LOSS, DIET OR NUTRITIONAL PROGRAMME. THE INFORMATION PROVIDED BY US IS NOT MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL TREATMENT. YOU SHOULD NOT USE OUR SUBSCRIPTION PROGRAMMES WITHOUT FIRST OBTAINING YOUR OWN MEDICAL ADVICE IF YOU ARE UNDERWEIGHT, PREGNANT, BREASTFEEDING, UNDER 18 OR HAVE ANY MEDICAL CONDITION WHICH AFFECTS YOUR DIETARY REQUIREMENTS.
(c) All our Subscription Programme are provided on a subscription basis and automatically renew at the end of their initial term on a monthly basis (28-day cycle) unless and until terminated in accordance with section 8.
(d) For each Subscription Programme you can choose your own meals and snacks from our menu. For further details of what is included in each Subscription Programme and the menu options, please visit the How it Works page on our Website.
(e) Our Subscription Programmes are priced to offer better value according to the length of commitment you make and as such, are subject to a minimum period. This means that you are making a commitment to pay, as a minimum, for the applicable number of months specified in your chosen plan and, subject to your statutory rights and section 8 below, you will not be able to terminate your plan until the initial schedule of payments is complete (referred to as the "Minimum Period").
(f) You may purchase Subscription Products at the time you purchase a Subscription Programme or you can add Subscription Products to your chosen Subscription Programme at a later date via your Account area on our Website. The cost of Subscription Products will be added to your monthly Subscription Programme payment and charged using your chosen payment method. Subscription Products will be delivered to you on a monthly basis together with your Subscription Programme meals. You may cancel your order for Subscription Products at any time before the renewal date by removing them from your subscription on the Website (via your Account area) or you can contact us to do this on your behalf. Cancellation of Subscription Products will not affect your Subscription Programme subscription.
(g) All food supplied as part of a Subscription Programme can be kept in your store cupboard and does not need to be refrigerated, unless otherwise stated on the packaging. Heating instructions must be followed closely. Make sure that heated food is piping hot throughout. It is essential to check the contents of your box as soon as it is delivered. Occasionally the food packaging is damaged during transportation. If your packages are damaged or 'blown', do not eat the food inside. Contact us immediately and we will send a replacement if appropriate. We are unable to send replacements if damaged product is not reported to us within 48 hours of receipt of delivery.
(h) In most cases you are able to make changes to your Subscription Programme and add Subscription Products to your next delivery up to 5 calendar days before the due date of despatch, usually 6 working days before delivery but, in any case, as advised in your Account area. To make any changes to your subscription, please visit your Account area on the Website or contact us by telephone. Please note that any changes you make to your subscription will apply to all future deliveries unless subsequently amended.
4. Order process
(a) For the steps you need to follow to place an order via our Website for one of our Subscription Programmes please see our Getting Started page. Alternatively, to order one of the Subscription Programmes by telephone, please call our Member Support Team (see Section 2). If you want to buy any other products or services available on our Website, please follow the order process on the relevant part of our Website.
(b) Our Website order process allows you to check and amend any errors before submitting your order to us. Please take time to read and check your order at each stage.
(c) After you place an order, whether via our Website or telephone, this will constitute an offer by you to form a contract and is not binding until we accept that offer. Our acceptance of your order will take place as described below at section 4(d).
(d) Once we have reviewed your order (whether you place the order via our Website or over the phone), we will email you to confirm if your order has been accepted ("Acceptance"). The contract between us will only be formed when we send you the Acceptance or, if earlier, when we despatch the product to you. We may cancel any order or contract without liability if there has been a price or other error on the Website.
(e) Occasionally, we may be out of stock of a particular meal and in this case we reserve the right to substitute an alternative meal from our list.
5. Price and Payment
Prices for our Subscription Programmes, Subscription Products and any other products or services are quoted on our Website and all prices are inclusive of VAT where applicable. Whilst every care has been taken to ensure the accuracy of the pricing information on the Website, occasionally details are out of date. We will endeavour to verify prices as part of our sales order process. In addition to the price of the Subscription Programme, Subscription Products, or other products or services purchased from us, you will have to pay a delivery charge which will be as stated at the time you place your order.
(b) Taking payment
(i) For Subscription Programmes and Subscription Products that are provided on a subscription basis, we will take the first monthly payment and the applicable delivery costs at the time the order is placed. We will take the subsequent monthly payments and applicable delivery costs for the remaining months of the programme approximately 1 working day before each scheduled delivery date. Note deliveries are normally scheduled at 28-day intervals.
(ii) For all other products and services offered via our Website from time to time, the price and applicable delivery costs will be taken from your payment method at the time you place your order.
(i) By starting a Subscription Programme and providing or designating a payment method, you authorise us to charge, via your payment method, a monthly fee for each of the monthly instalments during the Minimum Period and, thereafter, during any automatic or other renewal period at the then current rate, plus any other charges (including delivery charges) you may incur in connection with the provision of the programme. You acknowledge that the amount billed each month may vary to take into account additional items purchased or other adjustments agreed with you, and you authorise us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges.
(ii) We reserve the right to adjust the pricing of our Subscription Programmes and Subscription Products in any manner and at any time as we may determine at our sole and absolute discretion. We will provide you with 30 days notice by email of any price changes. Any price changes we make will not affect any deliveries paid for but not yet fulfilled or any Subscription Programme charges within the Minimum Period, although it may affect the next automatic renewal of that programme.
(iii) We reserve the right to change the timing of our billing to accommodate holidays affecting the date of despatch if payment via your payment method has not been successful or if you have deferred your delivery pursuant to section 6(c).
(iv) You may edit your payment method information by following the link in your Account area. You undertake that the payment method will be kept up to date and will be valid at all times. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts, which you must immediately settle, and any subsequent payments as and when they fall due until your subscription is cancelled. Without prejudice to any other rights we may have, you authorise us to continue billing the payment method, as it may be updated. This may result in a change to your payment dates. We are not responsible for any fees charged by the issuer of your payment method.
(v) The methods of payment that are acceptable are detailed on our website. We reserve the right to cancel your Subscription Programme and/or withhold delivery of products or services if payment is not received from you prior to the delivery of the applicable products or services.
(vi) We reserve the right to claim interest at the rate of 3% per annum above the UK base rate of HSBC Bank plc, as published from time to time, on all outstanding sums due to us under these terms and conditions from the date that payment fell due, until payment is made in full and charge you for any other cost and expense we incur in pursuing payment from you.
6. Delivery policy
(a) We use a courier service to fulfil all our deliveries. If you have any special delivery instructions, these instructions must be communicated directly to the courier once you have received a delivery notification from them.
(b) Where possible, we will make the first delivery for each Subscription Programme and any other products ordered via our Website on your chosen date and in any event within 30 days of acceptance of your order.
(c) For Subscription Programmes together with any Subscription Products added to your Subscription Programme, the first month's delivery will be delivered in accordance with section 6(b) above. Subject to receipt of the applicable monthly fee, each subsequent delivery shall be at approximately 28 day intervals thereafter. Delivery dates for subsequent months can be amended provided that you give us at least 5 days notice before the next despatch date (see Section 3 (h)). You can change your delivery date via your Account area on the Website or by contacting our Member Support Team. Please note that in some limited circumstances we may not be able to amend the delivery date in time for your next delivery, for example if that delivery has already entered the despatch stage. If this is the case, we will notify you at the time you request to change your delivery date.
(d) If a delivery is intercepted or refused and returned to us, you will have to pay additional charges to cover the cost of administration (£5), collection, unpacking and damage to goods before any refund is calculated.
(e) Please note that deliveries on weekends and public holidays will incur a surcharge which will be stated when you place your order. We deliver to all over the UK, although there is a surcharge to parts of Scotland, Northern Ireland, the Isle of Man and the Channel Islands, which will be communicated to you during the ordering process.
(f) We will be glad to change your delivery address during your time on the Subscription Programme provided any such request is received no later than 5 days before the next delivery is due for despatch (see Section 3 (h)). If an urgent change of address is able to be actioned later than this point, you will have to pay an administration charge of £5 plus any other duplicate costs already incurred.
7. Your rights to cancel under the UK's Consumer Contract Regulations
(a) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Consumer Contract Regulations 2013"), you have the right to cancel your contract within a short time after the products are delivered to you under certain circumstances, as further explained in this section.
(b) If you purchase a Subscription Programme or Subscription Products you may cancel your contract within 14 days after the day you receive the first delivery of meals in the first month. If you purchase any other products from us, you may cancel your contract with us at any time up to 14 days after the day you receive the products.
(c) To exercise your rights to cancel the contract you must, within the above time period, send us a completed written Notice of Cancellation via post or email to email@example.com
(d) If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us within 14 days of telling us you wish to end the contract. To return the goods, you must arrange collection using our designated collection service. Please see section 13 for further details about our returns process
(e) If you cancel the contract in accordance with this section 7, we will refund you the amount you paid for the products or Subscription Programme that you selected and the associated delivery charge. Notwithstanding the foregoing, we may deduct from your refund amount: (i) any collection charges where we collect the goods from you; and (ii) the amount by which the value of the goods is diminished as a result of any handling of the goods by you subject to an allowance for consumption of one full day's worth of food. You will be responsible for paying the cost of returning the products or Subscription Programme meal box to us at the address set out on our returns form.
(f) If you cancel your contract in accordance with this section 7 and you are entitled to a refund, we will issue your refund to you using the same method originally used by you to pay for your purchase unless we have, at our sole discretion, agreed to refund you using another method. We will process the refund due to you within 14 days of the day we received the goods from you, less any deductions we are entitled to make.
(g) As an alternative to cancellation, if you would like to downgrade your product selection (e.g. if you are on a 4, 3 or 2-month Subscription Programme and you want to switch to a 1-month programme), then we may charge you an adjusting payment to reflect the cost of the plan you are switching to at its standard (non-promotional) rate.
8. Automatic renewals and terminating your Subscription Programme
(a) All Subscription Programmes will automatically renew at the end of the Minimum Period for successive rolling 28 day periods, unless and until terminated by you in accordance with this section
(b) Meals will continue to be dispatched automatically and we will bill the applicable monthly fee via your payment method on an on-going basis, unless and until you contact us to terminate your Subscription Programme.
(c) If you want to terminate your Subscription Programme, you must follow the procedure below:
(1) You may cancel your Subscription Programme at any time by giving us at least 7 working days notice before the next delivery is due (which has not already been paid for). If you cancel your Subscription Programme within the Minimum Period, you shall be charged a Conversion Payment in accordance with section 8(c)(4) below. If you are outside of the Minimum Period, our contract will terminate on fulfilment of the last paid-for delivery of your Subscription Programme and your Subscription Programme will not be automatically renewed.
(2) For example, if you are on a Subscription Programme with a 3 month Minimum Period and you want it to terminate at the end of the Minimum Period, you must give us your written notice to terminate at least 7 working days before your fourth delivery is due. If you give us such notice, the plan will terminate at the end of the third month. If you do not give such notice, then the plan will be automatically renewed for another month and will continue to be so renewed until you give us at least 7 working days notice before your next unpaid delivery. Once payment has been taken for a delivery, it is not possible for you to cancel until the next month. On occasion, at our sole discretion and as a gesture of goodwill, we may allow a cancellation within the 7 working days notice period. If this situation occurs and payment has been made by you, we will charge a fee for the processing of a refund and any costs relating to the recovery and unpacking of your delivery.
(3) Your next delivery date can be found in your Account area on our Website. Where you have served valid notice to terminate, we will continue to make deliveries until such notice takes effect and you will continue to be charged your monthly fee in respect of those deliveries.
(4) If you want to terminate a Subscription Programme before completion of its Minimum Period, you will need to make an additional adjusting payment ("Conversion Payment"). Plans are normally discounted according to duration; the longer the plan you purchased, the bigger the discount. The Conversion Payment will therefore be calculated to bring the total amount paid up to what would have been paid if the relevant, shorter duration had been selected at time of order in line with the actual number of months completed. For example, a 4-month programme terminated prematurely after two payments (and two deliveries) will incur a charge to bring the total amount paid up to the price for two deliveries on our 2-month programme, as advertised on our Website at time of ordering.
(5) To cancel your Programme after completion of your Minimum Period, go to your Account area and follow the instructions for cancellation. Alternatively, email, call or write to us using the contact details in section 2 above. If you are using the postal system, we recommend that you allow sufficient time for us to receive your correspondence when considering the minimum notice requirements and obtain proof of posting.
9. Risk and ownership
You will be responsible for any risk or damage to the products, meals or other goods supplied to you once they have been delivered to you or delivered pursuant to the alternative delivery instructions you have provided to us. Ownership of the products, meals or other goods supplied by us will only pass to you upon receipt by us of full payment of all sums due in respect of the products, meals or other goods (including delivery charges).
10. Statutory rights
Nothing in these terms and conditions shall affect your statutory rights (including your right to receive a refund in respect of any defective products we sell to you).
We are happy to exchange any meals within a Subscription Programme, provided you let us know within 14 days of delivery. We will email you a 'Swap Form' asking you to provide us with the items you are returning and what you would like in their place. Send the form back to us via email, and print one to include in the box you return to us. Then simply package up the meals (making sure they're well wrapped and protected) and send to the address detailed on the form. You need to return the meals you want to exchange to us sealed, unopened and in perfect condition. Replacement items will be sent out at your expense and delivery will automatically be charged to your payment method. Alternatively, you can request that we include replacements in your next delivery (if you have a next delivery scheduled and you indicate that you would like us to do that on your Swap Form).
(a) To make a return, please contact us by phone or email to inform us of your intention to return.
(b) We will email you with instructions on how to prepare the package for return.
(c) You will pay the cost of returning products to us by courier (the cost typically being between £10 and £20). You will need to supply us with the tracking number from the courier, If you do not use a trackable service we may not be able to raise a refund.
(d) In very rare and exceptional circumstances we may be able to collect your hamper. Unless otherwise stated on our Website, charges are as follows;
(i) returns arising from your 14-day right to cancel at the start of your subscription - our charge is £16.50 for a weekday, day-time collection and return of the goods to our fulfilment centre,
(ii) all other returns - our charge is £35 (28 day box) to cover the cost of the original order fulfilment (packing & delivery), wasted packaging materials, collection (weekday), unpacking and return of the goods to stock.
(e) An additional charge will be incurred in the event of a failed collection attempt.
(f) Returned items must be unopened, and the goods in resaleable condition. A charge will be made for any missing or damaged items.
(e) Refunds will be made within 7 days of confirmed receipt of the returned goods at our warehouse.
(f) If you are unable to print the returns documentation supplied by us, we will provide instructions on how you can make your own arrangements for the safe return of your box.
13. Using our website
(a) You must be over 18 to use our website and purchase products, including the Subscription Programmes, via our Website.
(b) Our Website and service, and any content viewed through our service, including our Resources, are for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable, license to access the Website and view the Resources and content on the Website for that purpose. Except for the foregoing limited licence, no right, title or interest shall be transferred to you.
(c) You agree to use our Website, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these terms and conditions) our Resources and any other content and information contained on or obtained from or through our Website without express written permission from us.
(d) You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Subscription Programme service, including any software viruses or any other computer code, files or programs.
(e) Our Website, including our Resources and all content provided on the website and provided to you, is protected by copyright, trade secret or other intellectual property laws and treaties and is owned by us or our licensors.
(f) We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to our Website or associated media channels, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
(g) We may terminate or restrict your use of our Website, without compensation or notice if you are, or if we reasonably believe that you are: (i) in violation of any of these terms and conditions; or (ii) engaged in illegal or improper use of the Website and/or service.
14. Limitations and exclusions of liability
(a) Nothing in the terms and conditions will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; or (c) limit or exclude any liability of a party in any way that is not permitted under applicable law.
(b) We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
(c) If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
(d) We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business contracts, commercial opportunities or goodwill.
15. Other important terms
(b) These terms and conditions are entered into between you and us. No other person shall have any rights to enforce any of its terms.
(c) We can assign our rights and sub-license and subcontract our obligations to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
(d) Each section of these terms and conditions operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
(e) If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
(f) Please note that these terms are governed by English law). This means a contract for the purchase of products, Subscription Programmes or other goods or services through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16. Communications between us
(a) When we refer to "in writing" in these terms, this will include e-mail.
(b) If you wish to contact us in writing for any reason, including to make a complaint, you can use e-mail or pre-paid post or make a telephone call to our Member Support Team. For contact details, see Section 2.
(c) Contact details for food health and regulatory enquiries: authorities and customers in Great Britain: firstname.lastname@example.org; all other jurisdictions: Diet Chef, 2 Rennie Square, Brucefield Industrial Estate, Livingston, Scotland, EH54 9DF.