TERMS AND CONDITIONS OF USE
By using bodyism.com or any other Website owned or operated by BodyFood Ltd or its affiliates (trading as "BodyFood"), you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this or any other website operated by BodyFood. We reserve the right to change these Terms and Conditions of Use, in whole or in part, at any time, with or without notice. You should always check these Terms and Conditions of Use prior to using this or any other website operated by BodyFood. Your continued use of this or any other website operated by BodyFood following the posting of changes to these Terms and Conditions of Use will mean you accept those changes.
1. Restricted uses
2. Intended audience
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United Kingdom and its territories and possessions. BodyFood controls and operates this site from the United Kingdom. BodyFood makes no representation that materials contained on this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
a) The price of the products will be in GBP and quoted on this site at the time we accept your order. The price will include any applicable value added tax, but not the cost of delivery;
b) In addition to the price, you will have to pay our delivery charges as quoted on the site at the time we accept your order - unless you qualify for free delivery. The amount of these charges varies according to the method of delivery and the delivery address you specify in your order;
c) Payment is made by credit card at the time we accept your order. (The credit cards we accept are listed in the Web Site at the time you place your order). Refunds will generally be made by means of a credit to your credit card;
d) Although every care is taken in the quality of content on this site, there may occasionally be an error and items may be mispriced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply goods at the incorrect price;
e) There are no export restrictions.
4. Delivery policy
a) We will arrange for delivery of the products you order by the method and to the address which you specify. However, the time for delivery will not be essential to the contract between us;
b) If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges;
c) If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this;
d) All our products are despatched via courier in padded delivery bags. Postage and packaging will be charged at £5 within the UK and Ireland. We endeavour to deliver within 3-5 working days.
5. Return, refund and cancellation policy
a) You may cancel your order by notifying us in writing at any time up to 14 days after your products have been delivered. The notification should state your order number and give the reason for cancellation.
b) If you cancel your order after we have dispatched the products, then you must return the products to us at the address set out below above. The products should be returned in a reasonable condition and at your own expense. We recommend the use of a Recorded Delivery Service.
c) You can no longer cancel your order once you have opened or otherwise tampered with the product containers or used the products. However, your statutory rights concerning the quality of those products will be unaffected.
6. Information on EPDQ Payment System
ePDQ is an online way for accepting credit or debit cards over the Internet. As card and customer details are taken on the ePDQ servers, this offers a safe and secure way of taking and utilising your sensitive information.
Having chosen products from our website and proceeding to the checkout you are directed to the ePDQ CPI secure payment service, where you can pay by debit or credit card. Barclaycard server offers a safe and secure way of entering your sensitive information.
Your details are processed by Barclaycard ePDQ CPI and the transaction is made, upon completion your invoice will be despatched to the delivery address.
7. Hyperlinks to or from other sites
BodyFood is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from this site. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this site from such third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this site, since these third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.
8. Limitation of liability
(a) The description and specification of goods and services on this site is only approximate and we reserve the right to make changes which do not may affect the quality or performance of such goods and services.
We may correct any error appearing on this site or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
(c) Subject to paragraph (d) below, but otherwise so far as permitted by law, we exclude and are not liable for all loss, damage(s) and liability (whether or not caused by our negligence) for all wasted time, all loss/corruption of data, all loss of profits, opportunities, and goodwill, and all indirect, consequential and punitive loss or damage(s) arising from or in relation to use of this site and/or the information on it or any services provided through it, howsoever arising, whether in contract, tort (including negligence), statute or otherwise, and even if it was reasonably foreseeable or we have been made aware of the possibility of such loss/damage(s)/liability.
(d) Subject to paragraph (d) below, but otherwise so far as permitted by law, our total aggregate liability hereunder in respect of direct loss and damage and other direct liability, howsoever arising, whether in contract, tort (including negligence), statute or otherwise shall be limited per claim or series of related claims, to £100.
(i) loss or damage for death or personal injury caused by our negligence; or
(ii) for any fraudulent misrepresentation made by us or those under our control.
You will indemnify and hold BodyFood, and its subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material or information you submit, post to or transmit through a Interactive Medium, your use of this site, your connection to this site, or your violation of the Terms and Conditions of Use.
When you visit this site we may collect data that will personally identify you ("User Data").
We will only use the User Data to: (a) process patments and delivery; (b) contact you and provide you with information (as requested); and (b) deal with any other matters arising as a result of that contact.
Subject to the provisions of applicable law and for a small fee you may obtain copy(ies) of the User Data (if any) we hold about you. Additionally, if you wish to delete, deactivate or amend the User Data, or find out what User Data (if any) we are holding about you, please contact us.
We will not sell the User Data to anyone or disclose the User Data except as necessary to deal with matters arising from your use of the site and your contact(s) with us, or in the unlikely event that we believe in good faith that we are required to do so: (a) by court order or other legal/regulatory requirement; or (b) in order to protect our rights/property or those of our clients and/or their employees.
Your Consent: by using this site you consent to BodyFood holding, processing and transferring (both inside and outside the EEA) the User Data as necessary for us to provide you with and enable you to use the site and for the purposes referred to above.
11. Entire Agreement
13. Rights of Third Parties
14. About Us
This site is made available to you by BodyFood Ltd
33 HUGHAN ROAD
and is © BodyFood Ltd 2010. All rights reserved.
15. Contact Us
You can contact us by writing to us or by telephone or email:
22a Elvaston Mews
London, SW7 5HZ
Tel. 0207 5811243
16. Governing Law
Use of this site and the Service is governed by English law, and you irrevocably agree to submit any claim or dispute arising in relation to, out of, or in connection with this site (and any use you make of it or the Service and/or opportunities offered through it) to the non-exclusive jurisdiction of the English courts.