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Terms and Conditions

Online Store

THE IN-SYNC DIET ONLINE STORE TERMS OF SALE

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by us to consumers through this website (“you/your”), www.theinsyncdiet.com (“Our Website”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from our Website. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through our Website. These Terms of Sale, as well as any and all Contracts between us are in the English language only.

These Terms of Sale are a supplemental Agreement between you and us and constitute a legal agreement. Please read them in conjunction with our Website Disclaimer and terms, our terms and conditions relating to the In-Sync Diet, the Convert Terms (as appropriate) and our Privacy policy, all of which can be found at www.theinsyncdiet.com (“Website”). Where any of these Terms of Sale conflict with our general terms and conditions, then our general terms and conditions will prevail.

PLACING AN ORDER

We operate an online store with a variety of products (“Goods”) available. Our Website will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review and amend it. Please ensure that you have checked your Order carefully before submitting it to us.

Orders shall be accepted at our sole discretion. Our acceptance of your Order will take place when you place an order on our Website and we confirm acceptance, at which point a contract will come into existence between you and us (“Order”).

Images of our Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions.

Minor changes may, from time to time, be made to certain Goods between your Order being placed and us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.

All prices on our Website include VAT. If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Delivery charges are not included in the price of Goods displayed on our Website. Delivery options and related charges will be presented to you as part of the order process.

Order confirmations shall include an order number, details of the Goods you are purchasing, the price and estimated delivery date.

In the unlikely event that we do not accept or cannot fulfil your Order for any reason, we will explain why in writing. No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible. Any refunds will be made to you via the same payment method used by you.

OUR RIGHT TO VARY THESE TERMS

We may revise these Terms of Sale as they apply to your Order from time to time to reflect the following circumstances:

  • Changes in relevant laws and regulatory requirements; and or
  • For business purposes

If we have to revise these Terms of Sale as they apply to your order, we will contact you to you reasonable advance notice of the changes and let you know how to cancel the Agreement if you are not happy with these changes.

YOUR RIGHTS OF CANCELLATION

As a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 no later than 14 days from the date you place your Order with us.

This means that during the relevant period if you change your mind or decide for any other reason that you do not want to continue with your purchase, you can notify us of your decision to cancel the Contract in writing (either by post or email). Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

We may ask you why you have chosen to cancel and may use any answers you provide to improve our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to do so.

Please note that you may lose your right to cancel under this clause if the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them or if the Goods have been personalised or custom-made for you.

Please ensure that you return Goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this Clause. You must bear the cost of returning the Goods to us and we will refund you for your purchase within 14 calendar days upon receipt of receiving the Goods back.

PAYMENT

The price of Goods will be as stated on our Website at the time you submit your order. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the Website.

HOW TO PAY

Payments will always be made in advance. You can pay for Goods by using a debit card, credit card or via our secure third party providers including Paypal and Stripe as outlined on our Website.

DELIVERY

All Goods purchased through our Website will normally be delivered within 30 calendar days after the date of us confirming the Order with you, unless otherwise agreed with you or specified during the Order process (subject to delays caused by events outside of our control).

If we are unable to deliver your Order on the delivery date, we will either leave a delivery note explaining how to arrange redelivery or where to collect your Order. In the event that you do not collect your Order or arrange redelivery within 14 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as terminated and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering these.

In the unlikely event that we are unable to deliver you Order within 30 days, you may end your Contract with us in relation to your Order and seek a refund.

Ownership of the Goods from your Order only passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

RETURNS

By law, we must provide products and services to you that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences. If any Goods supplied by us does not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) goods, please contact us at info@theinsyncdiet.com as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.

EVENTS BEYOND OUR CONTROL

We will not be liable for any failure or delay in performing our obligations under these Terms of Sale that result from any cause beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

If any such event occurs that is likely to adversely affect our performance of any obligations under these Terms of Sale, we will try to inform you as soon as is reasonably possible, our obligations will be suspended and any time limits that we are bound by will be extended accordingly.

LIMITATION OF LIABILITY

The Website is provided on an “as is” and “as available” basis.

We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

We shall not be responsible for any loss or damage to you under these Terms of Sale but in the event that we shall have a liability to you, our total liability for any loss or damage caused as a result of our negligence or breach of these Terms shall be limited to the total sum paid by you on your Order.

Nothing in these Terms of Sale shall limit or exclude any liability by us for fraudulent misrepresentation, death or personal injury.

DATA PROTECTION

For the purpose of these Terms, “Data Protection Legislation” means the data protection legislation to the extent applicable from time to time: (1) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); (2) the GDPR; and (3) any other similar national privacy law including the Data Protection Act 2018.

In so far as the sale of our Goods involves us in collecting, using, or holding or otherwise processing any data obtained from you which is personal data (including, but not limited to, your name and address), we shall only do so with in accordance with our Privacy Policy and in accordance with any lawful instructions reasonably given by you from time to time, and the provisions of the Data Protection Legislation and your rights under that Data Protection Legislation and these Terms of Sale.

For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of any rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy [ADD LINK HERE].

COMMUNICATIONS

In accordance with our Privacy Policy, we may use your personal details to contact you from time to time by email and post with information on our events and services. We will only do this where you have either consented to us or we have a legitimate interest to do so.

If you would like to change your contact details or preferences, please contact us.

OTHER IMPORTANT TERMS

We may transfer (assign) our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms of Sale will not be affected and our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

You may not transfer (assign) your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without our express written permission.

The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.