Terms & Conditions
1. The Contract between us:
We must receive payment for the whole price of the goods including delivery charges before your order can be accepted. Once payment has been received by us we will confirm your order by sending an e-mail to you at the e-mail address you provided. Our acceptance of your order brings into existence a legally binding contract between us. Only those aged 18 and over are entitled to enter into legally binding contracts and as a result are the only people entitled to purchase through this site. Any individuals who are unable to enter into legally binding contracts are prohibited from ordering goods using this site. If you do not qualify DO NOT use this site. By ordering on this website you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older.
2. Price
2.1 The prices payable for goods are as set out in our website and are inclusive of any delivery charges except where specifically specified to the contrary.
3. Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods ordered prior to their dispatch. You do not need to give us any reason for canceling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us by e-mail to our e-mail address.
3.3 If you have received the goods before you cancel your contract then you must send the goods back unopened to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are canceling your contract, any sum debited to us from you will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, or do not pay the costs of delivery to us, we shall be entitled to deduct the costs of recovering the goods from the amount to be re-credited to you.
4 Cancellation by Smart Nutrition
4.1.1 We have insufficient stock to deliver the goods you have ordered;
4.1.2 We do not deliver to your area; or
4.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer additional compensation for disappointment suffered.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you gave us for delivery at the time you placed your order.
5.2 Delivery will be made as soon as possible after your order is accepted though we cannot guarantee that your selected 3rd party method of delivery will necessarily perform as specified.
5.3 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6. Liability
6.1 If the goods we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 21 days of the date on which you ordered them, we will only accept liability if you notify us of the problem, at our e-mail address, within 30 days of the date on which the goods were ordered. If you notify a problem to us our only obligation will be, at your option:
6.2.1 To make good any shortage or non-delivery.
6.2.2 To replace any goods that are damaged or defective.
6.2.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer either under applicable local law or other statutory law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing or sent by e-mail to our contact address at emma@smartnutrition.co.uk and all notices from us to you will be displayed on our website from to time.
8. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
10. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11. Governing Law
Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
12. Entire Agreement
12.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
12.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Smart Nutrition howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
12.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Terms and Conditions relating to your use of our websites
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITES CAREFULLY. By using our websites, you are deemed to have agreed to these Terms and Conditions of Use. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and Conditions of Use at any time. You should check these Terms and Conditions of Use periodically for changes. By using this website after we post any changes to these Terms and Conditions of Use, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms and Conditions of Use, please do not use our websites and, if applicable, please arrange to terminate your registration with us by notifying us of your unwillingness to accept the changes to the Terms and Conditions of Use.
SMART NUTRITION RECOMMENDS THAT YOU ALWAYS CONSULT A MEDICAL PRACTIONER BEFORE FOLLOWING ANY COMPLEMENTARY THERAPIES IF YOU HAVE ANY SYMPTOMS OF ILLNESS, ANY DIAGNOSED AILMENT, OR ARE RECEIVING CONVENTIONAL MEDICATION OR TREATMENT FOR ANY EXISTING CONDITION. DO NOT CEASE CONVENTIONAL TREATMENT OR MEDICATION FOR ANY REASON WITHOUT CONSULTING A DOCTOR. ALWAYS INFORM BOTH YOUR DOCTOR AND YOUR COMPLEMENTARY MEDICAL PRACTITIONERS OF ANY TREATMENT, MEDICATION OR REMEDIES, BOTH CONVENTIONALAND UNCONVENTIONAL THAT YOU ARE TAKING, OR INTENDING TO TAKE.
SMART NUTRITION, OR ANY, OR ALL OF ITS DIRECTORS ANDSTAFF SHALL NOT BE HELD RESPONSIBLE FOR ANY CLAIMS RELATING TO ILLNESS OR AILMENTS THAT ARE DEEMED TO HAVE POSSIBLY ARISEN AS A CONSEQUENCE OF READING ANY PART, OR ALL OF THE CONTENT PROVIDED ON THIS OR RELATED WEBSITES. THE CONTENT IS PROVIDED FOR GENERAL USE, ANDMAY BE INAPPLICABLE, UNSUITABLE OR BOTH TO PERSONS SUFFERING FROM CONDITIONS DIAGNOSED OR NOT.
The information contained in this website has been prepared solely for the purpose of providing general information about Smart Nutrition, its partners and the services that they offer.
Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Smart Nutrition.
The information presented is believed to be reliable but it’s subject to change at any time without notice. Smart Nutrition does not guarantee its completeness or accuracy. By accessing this website you agree that Smart Nutrition will not be liable for any direct, indirect, or consequential loss arising from the use of the information and material contained in this website or from your access of other material on the internet via web links from this site.
The copyright of the material contained in this website belongs to Smart Nutrition. Any person may copy any part of this material, subject to the following conditions:
The material may be used only for non-commercial purposes.
The copies must retain any copyright or other intellectual property notices contained in the original material.
The products described in this website may be the subject of other intellectual property rights reserved by Smart Nutrition or other third parties. No license is granted in respect of those intellectual property rights.
Images, pictures, videos, logos and graphics on this site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of their respective owner(s).
1. Terms and Conditions of Use – In General
By using the Smart Nutrition Site, you agree to be legally bound and to abide by these Terms and Conditions of Use, just as if you had signed this agreement.
2. Restrictions on Use of Materials
You acknowledge that the Smart Nutrition sites contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Contents”) that are protected by copyrights, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms of media and technologies existing now or hereafter developed. All Content is copyrighted under the United Kingdom copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, co-ordination, arrangement and enhancement of such Content.
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the Content on any single computer for your personal, non-commercial home use only, provided you neither change nor delete any author attribution, trademark, legend, copyright or other proprietary notice. When you download any Content, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content on any other website or networked computer environment is strictly prohibited.
3. Privacy Policy
We are committed to protecting your privacy and security. For more information, we urge you to review our Privacy policy.
4. Community Standards and Conduct in Forums
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to you on the Smart Nutrition website whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person from which such Postings originated. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to Smart Nutrition. We do not control all of the Postings posted, emailed or otherwise transmitted on the Smart Nutrition Site and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. You understand that by using smartnutrition.co.uk site, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will Smart Nutrition be liable in any way for any Postings (other than Content developed by Smart Nutrition), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Smart Nutrition site.
You agree not to use the smartnutrition.co.uk site (including any Forums) to:
Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion).
Harm minors in any way.
Impersonate any person or entity, including, but not limited to, a Smart Nutrition director, officer, employee, shareholder, agent or representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Smart Nutrition site.
Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose.
Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of the smartnutrition.co.uk. site) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum.
Interfere with or disrupt the smart nutrtion.co.uk site or servers or networks connected to the smart nutrition.co.uk . or disobey any requirements, procedures, policies or regulations of networks connected to the smartnutrition.co.uk site.
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.
“Stalk” or otherwise harass another user of the smartnutrition.co.uk site.
Collect or store personal data about other users of thesmartnutrition.co.uk sites.
Your privilege to use the smartnutrition.co.uk site (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, smartnutrition.co.uk, in its sole discretion, may terminate your use of, or participation in, any community, chat room or other Forum for any reason.
All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the smartnutrtion.co.uk site (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
5. Parental or Guardian Permission
Some of the Content on the Smart Nutrition site may concern the topic of sex and may not be appropriate for children. WE STRONGLY RECOMMEND THAT ALL CHILDREN ASK FOR THEIR PARENT’S OR GUARDIAN’S PERMISSION BEFORE VIEWING OUR WEBSITES. Parental or guardian permission is required for children under 13 years of age to use any Forum.
6. Links
These Terms and Conditions of Use apply only to the Smart Nutrition site, and not to the websites of any other company or organization. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree thatsmartnutrition.co.uk is not responsible for the availability of such external sites or resources, and does not endorse (and is not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, goods, or other resources available on any other website. You should direct any concerns with respect to any other website to that website’s administrator or Webmaster.
7. Third Party Services
You may order services, merchandise or other goods through the Smart Nutrition site from third parties (collectively, the “Sellers”). All matters concerning the services, merchandise and other goods desired from the Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Sellers. Smart Nutrition makes no warranties or representations whatsoever with regard to any services, merchandise and other goods provided by the Sellers. You will not consider Smart Nutrition nor will Smart Nutrition be construed as a party to such transactions, whether or not Smart Nutrition may have received some form of revenue or other remuneration in connection with such transactions, or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMART NUTRITION AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMART NUTRITION OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SMART NUTRITION SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SMART NUTRITION.CO.UK SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SMARTNUTRITION.CO.UK SITES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SMARTNUTRITION SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SMARTNUTRITION.CO.UK SITE; OR (F) ANY OTHER MATTER RELATING TO SMART NUTRITION.CO.UK. IN NO EVENT SHALL SMARTNUTRITION.CO.UK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITES. IF YOU AREDISSATISFIED WITH ANY PORTION OF THESMARTNUTRITION.CO.UK SITE, OR WITH ANY OF THESE TERMSAND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SMARTNUTRITION.CO.UK SITE.
9. Governing Law and Other Miscellaneous
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Courts of the United Kingdom and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you andsmartnutrition.co.uk relating to the subject matter herein. These Terms and Conditions of Use may be modified only by our posting of changes to these terms and conditions, or by writing signed by both parties. Each time you access the Smart Nutrition site, you will be deemed to have accepted any such changes.
Smartnutrition.co.uk may assign its rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.