Sam Witter Health Ltd
Terms and Conditions
Last updated: May 23rd 2018
This page (together with the documents expressly referred to on it) provides you with information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) and/or provide any of the services (such as membership subscriptions) (“Services”) listed on our website (“our site”) to you.
These Terms will apply to any contract between us for the sale of Products or the provision of Services to you (“Contract”). Please read these Terms carefully, particularly part 9.3 your right to cancel, and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as referred to in clause 8. Every time you wish to make an order, please check these Terms to ensure you understand the terms of your order which are applicable at that time. These Terms were most recently updated on 04 December 2016.
1. INFORMATION ABOUT THE PLAN
1.1 We operate the website www.samwitterhealth.uk and all sub-domains (hereinafter referred to as SWH), a collection of websites fully owned by Sam Witter Health Ltd, a company registered in England and Wales under company number 08778620.
1.2 Contacting us: To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. You can e-mail us at email@example.com. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your direct debit will be cancelled within 14 working days of the receipt of notification providing you have fulfilled the minimum terms of contract.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us or by e-mailing us at firstname.lastname@example.org. We aim to respond to all queries within 48 hours.
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. YOUR STATUS
In order to place an order on our site, you must be a consumer, not a business or a reseller and be at least 16 years of age.
3. OUR PRODUCTS
3.1 All the meals contained within SWH are pre-set. The plan does not allow for food allergies or intolerance and medical advice must be sought prior to using the Plan. It is important that you fully understand that the advice given from SWH is followed at your own risk and responsibility. Although SWH will recommend the use of products in line with the fat loss programme you must ensure that both you and your GP or consultant are comfortable with all the ingredients. Our approach to exercise and nutrition is what we believe is optimum for each client and by signing up to the company’s online plan you are trusting this approach and whilst feedback is appreciated – disagreeing with our methods on the basis of other professionals point of view will not result in any aspect of the plans being re-designed or warrant a refund. The training contained within the plan is also pre-set. Training is only recommended once a day and no more. Please ensure you complete your age, height and weight when signing up to use SWH.
3.2 Liability and Risk. When following the company plan you are doing so responsibly with your own guidance and take full responsibility for the effects on your body which you may experience along the way. As with any exercise program you assume certain risks to your health and safety. Any form of exercise program can cause injuries, and any of the plans from Sam Witter Health Ltd is no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks also exist for those who are currently in good health right now. Our company does not act as medical doctors. You MUST consult your doctor before beginning ANY of our plans or exercise programs. You MUST consult your doctor/physical therapist immediately in the event or illness or injury and follow their direct advice which could mean stopping the plan altogether. You are using SWH at your own risk and Sam Witter Health Ltd is not responsible for any injuries or health problems you may experience or even death as a result of using SWH.
3.3 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.4 The packaging of the Products may vary from that shown on images on our site.
3.5 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process the order if the item is unavailable.
3.6 Content on our site is not intended to constitute medical or pharmaceutical advice, or to be a substitute for any advice given by a licenced healthcare professional. You should contact your medical practitioner immediately if you suspect you have a medical problem, and stop using any Products or Services that you suspect may contribute to the problem or if you experience any adverse effects. You should not use any information or statement about any of our Products or Services to attempt to diagnose, treat, cure or prevent any medical condition.
4. OUR SERVICES
4.1 By placing an order for any Services, you accept that those Services commence on receipt by you of confirmation of your login details.
4.2 You may terminate your subscription to our site at any time by giving us notice in writing but will not be given a refund if you choose to do so (unless the Service has been defective for some reason). You must also have fulfilled the minimum term of contract as stated at the time of purchase.
5. HOW WE USE YOUR PERSONAL INFORMATION
6. CONSUMER RIGHTS
As a consumer, you have legal rights in relation to Products and/or Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. You also have a right to cancel the Contract as set out below in clause 9.
7. THE CONTRACT BETWEEN YOU AND US
7.1 To place an order on our site, simply click the Product or Service of your choice and go through the checkout procedure.
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that you have signed up to SWH or purchased a Product. The Contract between us will only be formed when we send you the Email Confirmation.
7.5 If we are unable to supply you with a Product or a Service, for example because that Product is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time.
8.2 Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and providing the date of such amendment at the top of this page.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products and/or Services or just the Products and/or Services you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF CANCELLATION
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2 This means that during the relevant period if you change your mind or decide for any other reason that you do not want to sign up to SWH or keep a Product, or that you do not want a Service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 Your legal right to cancel a Contract starts from the date of the Email Confirmation, which is when the Contract between us is formed. You have a period of 14 (fourteen) days in which you may cancel, starting from the day after you sign up to SWH or purchase a Product.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel. You can e-mail us at email@example.com or by post. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective 14 calendar days after the date your email or letter is received providing you have fulfilled the minimum term of contract as displayed at the time of purchase or more specifically, you have made at least 3 payments for the pay monthly option.
9.4 If you cancel your Contract we will:
9.4.1 refund you the price you paid for SWH from the date of receipt of notification to cancel.
9.4.2 We will refund you on the credit card or debit card used by you to pay.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site at the time you place your order. We use our best efforts to ensure that the prices of Products and Services are correct at the time when the relevant information was posted on our site. However, if we discover an error in the price of any Product(s) and/or Service(s) you have ordered, please see clause 14.5 for what happens in this event.
10.2 Prices for our Products and/or Services may change from time to time, but changes will not affect any order which we have confirmed with an Email Confirmation.
10.3 The price of a Product or Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out procedure before you confirm your order.
10.5 Our site contains a large number of Products and Services. It is always possible that, despite our best efforts, some of the Products or Services on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Services to you at the incorrect (lower) price and if the Product or Service’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product or Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11. HOW TO PAY
11.2 Payment for the Products, Services and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
11.3 By subscribing to a SWH subscription, you authorise us to use the card details you provide to us to take a one off payment for the relevant subscription fee. If that card expires at any time or we are otherwise unable to take payment from it, you must provide us with an alternative payment method. We reserve the right to suspend the subscription of any user that has not paid all of their subscription fees.
12. MANUFACTURER GUARANTEES
12.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
12.2 As a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your 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.
13.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site 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 exclusive jurisdiction, however we reserve the right to bring proceedings against customers in their country of residence.
13.7 We will not file a copy of the Contract between us.
Sam Witter Health LIMITED
140 Lee Lane,
We will respond to all requests, inquiries or concerns within 2 (2) days.