Terms and Conditions of Sale
These Terms and Conditions of Sale (these “Terms”) govern Resilient Nutrition Limited’s supply of products to you ordered on our website, www.resilientnutrition.com.
Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide our products to you, how you and we may change or end the Contract (as defined below) with you, what to do if there is a problem with your order and other important information.
1. Information about us and how to contact us
1.1 Resilient Nutrition Limited (“we”, “us” or “our”) is a limited company registered in England and Wales under company number 12544123 and our registered address is Old Station House Station Approach, Newport Street, Swindon, Wiltshire, United Kingdom, SN1 3DU. Our VAT number is 348527474.
1.2 You can contact us by telephoning our customer service team at 01264 781063 or by writing to us at our address above or by email at email@example.com.
1.3 If we have to contact you, we will do so by telephone or by email using the details which you provided to us when submitting your order.
2. Our contract with you
2.1 By placing your order on our website, this constitutes an offer by you to purchase any product(s) available on our website (the “Product” or “Products”). You are solely responsible for ensuring that the details of your order are complete and accurate. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence such that these Terms and the accepted order shall constitute the contract between you and us (the “Contract”).
2.2 All orders are subject to availability. If we are unable to accept your order, we will inform you of this by sending you an email to the email address provided with your order and we will not charge you for the Product. There may be a number of reasons why we are unable to fulfil your order (including after your order has been accepted by us and the Contract has been formed) such as: the Product being out of stock; unexpected limits on our resources which we could not reasonably foresee at time of your order; issues with your selected method of payment; shipping restrictions applying to the Product or the country in which you reside; and/or because we have identified an error in the price or description of the Product (e.g. the Product shown on our website contains a manifest error). In such case, where payment has already been taken from you, you will receive a refund.
2.3 We will assign an order number to your order and tell you what it is via email when we accept your order. Please retain your order number. If you need to contain us about your order, please quote your order number if possible.
2.4 If you wish to make a change to an order which you have placed, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you (e.g. there is a significant difference in price), then, you may be entitled to end the Contract in accordance with clause 7 if the 14 day ‘cooling off period’ applies or if, solely in our discretion, we permit you to end the Contract with us.
2.5 You must be 18 years of age or older to place an order and buy any Product from our website.
2.6 You may only place an order to buy Products from our website if you are a consumer and not a business.
3.1 The images of the Products on our website are for illustrative purposes only and do not form part of the Contract with you. Although we have made every effort to display the Products accurately on our website, the Product which you order may vary slightly from those images. Also, we cannot guarantee that the device which you are using will display the Products accurately as minor differences in colour and other variations in the Products may be possible as a result of different display technologies or other technical reasons.
3.2 We reserve the right to make changes to our Products (including our range of Products) at any time (including to reflect changes in relevant laws and regulatory requirements).
3.3 You should be aware that our Products contain a wide range of ingredients, including nuts. Please read our Product descriptions and labels carefully, particularly if you have any allergies and/or food intolerances. You should only consume our Products if you are certain you do not have allergies/intolerances to any of the ingredients listed. If you are in doubt whether any of our Products are suitable for you, you should not use them. Please contact us (using any of our contact details set out in clause 1.2), if you have any queries about the ingredients in any of our Products.
3.4 In accordance with the Consumer Rights Act 2015, we warrant that any Product which you order from us will be as described, fit for purpose and of satisfactory quality.
3.5 We take great care in providing you with our Products. If you have any questions or complaints about a Product, please contact us using the contact details see out at clause 1.2 and we will do our best to resolve the issue as soon as possible.
3.6 Subject to clause 3.7, we will replace any Product provided to you or offer you a refund of the price paid for the Product if all of the following are fulfilled:
(a) you inform us as soon as possible after the Product has been delivered to you, and in any event no later than 30 days, that you believe the Product to be defective and not compliant with the warranty set out under clause 3.4;
(b) you return such Product to us as directed (if asked to do so) and at our cost; and
(c) we are given a reasonable period of time to inspect such Product and agree that the Product is defective.
For the avoidance of doubt, the foregoing shall represent your sole remedy for a breach of the warranty at clause 3.4, and you shall not be entitled to any other payment in the form of compensation or otherwise.
3.7 We will not be liable for the failure of any of our Products to comply with the warranty set out in clause 3.4 in the event any of the following occurs:
(a) you make further use of the Products after you ought reasonably to have known that the Products did not comply with the warranty set out under clause 3.4;
(b) the defect arises because you failed to follow our oral or written instructions as to the storage and use of the Products or (if there are none), normal intended use of such Products;
(c) you alter or interfere with the Products in any way;
(d) the defect arises as a result of wilful damage, negligence or abnormal use of the Products; or
(e) the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
4. Price and payment
4.1 The price for each Product is shown on our website when you place your order (which includes VAT at the current rate).
4.2 You must provide full and accurate payment details (e.g. credit card, debit card or PayPal) at the point of submitting your order and are required to pay for the Products in full at the time you place your order before we dispatch them. Where any Products ordered are out of stock, payment will be taken when the Products are ready for dispatch.
4.3 Any Products purchased will remain our property until you have paid all amounts owed to us in full.
4.4 Prices are quoted on our website in UK pounds sterling. Your bank may charge its own exchange rate where the payment currency differs from the currency of your bank account. Please note that refunds are made in the same currency as the original order (i.e. UK pounds sterling) and we are not responsible for any loss incurred due to exchange rate fluctuations.
4.5 We take reasonable care to ensure that the price of each Product shown on our website is correct. However, it may arise, despite our best efforts that some of the Products we sell may be incorrectly priced. If we accept and process your order where a pricing error has occurred, we will notify you as soon as possible using the contact details you supplied to us when placing your order. We will give you the option to confirm your order at the correct price or to cancel your order. If we do not hear from you within 5 days, we will treat your order as cancelled and refund you the amount paid. If you decide to confirm your order, you will be required to pay the difference in the price of the Product before we despatch your order.
4.6 We currently accept VISA, MasterCard, Visa Electron, Paypal and Apple Pay and any other payment methods may be added to our website and listed on the payments page before you place your order.
4.7 To ensure that shopping online is secure when paying by credit or debit card, your card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the internet. Your bank may also carry out additional security checks to confirm it is you making the order. In the event your card is declined, please contact your card issuer to authorise the transaction. Your order will not be confirmed until payment in full has been received by us.
5. Promotional codes
5.1 We may from time to time, at our discretion, issue promotional codes to customers. We reserve the right to withdraw, vary or cancel a promotional code at any time without notice and without giving a reason.
5.2 Only one promotional voucher code can be redeemed against any single order. If there is an unused balance of discount or credit remaining on the promotional code, that balance will be extinguished and cannot be redeemed with any other orders.
5.3 Promotional codes cannot be redeemed for any payment or sold.
5.4 Promotional codes once used cannot be re-used by a customer and are not transferable.
5.5 Promotional codes may not be used in conjunction with any other offer, discount or promotion which we may have on our website unless we inform you otherwise. Further, certain Products cannot be purchased with promotional codes. Any such Products will be clearly marked on our website.
5.6 Any promotional codes issued by us cannot be used to purchase a gift voucher from us (if gift vouchers are available from us at the relevant time).
5.7 Additional charges, such as delivery charges will still apply where a promotional code is used and such charges shall not be discounted unless specifically stated with the promotional code.
5.8 If we believe that a promotional code is being unlawfully used, we may reject or cancel any promotional code and any purchases made using such promotional code and you agree that you will have no claim against us in such case. We reserve the right to take any further action that we deem appropriate in the circumstances.
6.1 The costs of delivery will be as displayed on our website and will depend on your location and the weight of the Products which you order.
6.2 We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order and the Contract with you is formed.
6.3 If our supply of the Products is delayed by any event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
6.4 Products will be delivered to the address which you have supplied at the time you submitted your order. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our delivery contractor will likely inform you of how to rearrange delivery or collect the Products from a local depot.
6.5 If, after a failed delivery to you, you do not re-arrange delivery or collect the Products you have ordered from a delivery depot (if notified to you), we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection, we may end the Contract and clause 8.2 will apply.
6.6 You have legal rights if we deliver any Products late. Subject to clauses 6.3 and 6.11, if we miss the delivery deadline for any Products then you may treat the Contract as at an end straight away if: (a) we have refused to deliver the Products; or (b) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
6.8 If you do choose to treat the Contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the Products that have been delivered and we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01264 781063 or email us at firstname.lastname@example.org for a return label or to arrange collection.
6.9 Any Products ordered by you will be your responsibility from the time we deliver them to the address you provided with your order.
6.10 We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the order page on our website. If you do not give us this information at the time you submitted your order or within a reasonable period of time of us asking for it thereafter, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required to be undertaken by us as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.11 We may have to suspend the supply of a Product to: (a) deal with technical problems or make minor technical changes; (b) update the Product to reflect changes in laws and regulatory requirements; or (c) for any reason at our discretion.
6.12 Where applicable, we will contact you in advance to tell you we will be suspending the supply of a Product, unless the problem is urgent or an emergency. If we have to suspend the supply of a Product for longer than 30 days, we will refund any sums you have paid for the Product.
7. Your rights to end the Contract
7.1 Your rights when you end the Contract with us will depend on whether there is anything wrong with it and when you decide to end the Contract as set out herein.
7.2 Under the Consumer Contracts Regulations 2013, you have the right to change your mind and end the Contract with us within 14 days after the day you receive the Products. If you wish to exercise this right, please let us know by doing one of the following:
(a) Phone or email - call customer services on [insert number] or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Post - simply write to us at Resilient Nutrition Limited, Old Station House Station Approach, Newport Street, Swindon, Wiltshire, United Kingdom, SN1 3DU, including details of what you bought, when you ordered or received it and your name and address.
7.3 If you exercise your right to change your mind under clause 7.2, we will refund you the amount paid for the Products, provided such Products have not been used/opened, and are received by us as soon as possible and in any event no later than 14 days of informing us that you wish to end the Contract. Please note, you do not have a right to change your mind under clause 7.2 if: (a) any Products supplied are sealed for health protection or hygiene purposes and these have been unsealed after you receive them; (b) any Products become mixed inseparably with other items after their delivery; and/or (c) any of the Products supplied come in a ‘pack’/multiples of individual Products (e.g. one pack of four individual Products) and one or more Products from that pack are used/opened.
7.4 You also have the right to end the Contract with us immediately in the following scenarios and we will refund you in full the price you have paid for any Products purchased.
(a) if there has been a breach of the warranty set out in clause 3.4 and the Products are defective or misdescribed (subject to clause 3.7);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that the supply of the Products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend supply, in each case for a period of more than 30 days; or
(e) you otherwise have a legal right to end the Contract as a result of something we have done wrong.
7.5 We will pay the costs of return of the Products to us which have been delivered where you end the Contract under clause 7.4(a), clause 7.4(b) or clause 7.4(e). In all other circumstances (including where you are exercising your right to change your mind as set out in clause 7.2) you must pay the costs of return where the Products have been dispatched or delivered to you.
7.6 Where you are entitled to a refund under these Terms, we will refund you the price you paid for the Products (including delivery costs), by the method you used for payment as soon as reasonably possible and in any event within 14 days of the day on which we receive the Products back from you. However, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8. Our rights to end the Contract
8.1 We may end the Contract with you for the supply of Products at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable period of time of us asking for it, provide us with information that is necessary for us to supply the Products to you, e.g. your correct address; or
(c) you do not, allow us (or any delivery contractor we appoint) to deliver the Products to you.
8.2 If we end the Contract with you in any situation set out in clause 8.1, we will refund any money you have paid in advance for any Products we have not provided, however, we may (at our discretion) deduct or charge you for any reasonable net costs we have incurred as a result of you being in breach of the Contract.
8.3 If, in our discretion, we decide to stop supplying any Products you have ordered and withdraw the relevant Products, we will notify you of this and we will refund any sums you have paid in advance for any Products which cannot be supplied.
9. Limitation of liability
9.1 Subject to clause 9.2, our total liability to you whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising out of or in connection with these Terms and/or the supply of Products under the Contract shall be limited to the price paid by you for the Products as at the date of such liability arising.
9.2 We do not exclude or limit in our liability to you under these Terms or the Contract where it would be unlawful to do so. This includes: liability for death or personal injury caused by our negligence or the negligence of our employees or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including for defective products under the Consumer Protection Act 1987; or to the extent that such limitation or exclusion is otherwise not permitted by applicable laws.
9.3 Nothing on our website (including in the content/documents available through our website) or the information in our Product descriptions or on our Products (including labels) is intended to provide advice (e.g. in relation to nutrition/sports nutrition, performance, endurance, dietary requirements, weight loss or otherwise) and you should not rely on any information from us as if it were advice.
9.4 We only supply Products under these Terms to consumers for private use. If you use our Products for any commercial, business or re-sale purpose, we shall not have any liability to you for any losses incurred by you whatsoever, including for any loss of profit, loss of goodwill and/or loss of business opportunity (whether in each case arising directly or indirectly).
10.2 In these Terms, unless specified otherwise: (i) references to ‘writing’ shall include by email; and (ii) references to ‘include’ and ‘including’ are to be construed without limitation.
10.3 We may transfer our rights and obligations under these Terms to another entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract we have entered into with you.
10.4 You may not transfer your rights or your obligations under these Terms and/or the Contract to another person or entity.
10.5 When we accept your order, the Contract entered into is between you and us. A person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Contract.
10.6 Each of the provisions of these Terms operate separately. If any court or relevant authority decides that any of the provisions herein are unlawful, the remaining provisions will remain in full force and effect.
10.7 If we do not insist immediately that you do anything you are required to do under these Terms or the Contract, or if we delay in taking steps against you in respect of any breach by you of these Terms and the Contract, this will not operate as a waiver of our right to take steps against you at a later date.
10.8 These Terms are governed by English law and you and we agree that the courts of England shall have exclusive jurisdiction to hear any dispute or matter arising out of or in connection with these Terms.