Terms and Conditions
About these Terms and Conditions
This page (together with the documents referred to on it) sets out the terms and conditions (the "Terms and Conditions") on which Personalised Co will sell protein powder, vitamins, minerals and other health supplements to you (together the "Products") ordered from Personalised Co's website, www.personalised.co (the "Website") (together the "Services"). The Services includes the purchase of Products on a recurring monthly basis (your "Subscription"). All wording, imagery and source code on the Website is referred to as "Content". Please read these Terms carefully before purchasing or subscribing to Personalised Co Services.
By browsing any part of the Website or by ordering any Products or by subscribing to any Services, you agree to be bound by these Terms and Conditions.
Personalised Co has the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting Personalised Co's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Personalised Co's system’s capabilities.
Section 1: About us
We are FUTURE BIO NUTRITION LTD. (trading as PERSONALISED CO), a Limited Company registered in England and Wales under company number 11710632. Our registered office is The Old Chapel, Union Way, Witney, England, OX28 6HD. Our registered VAT number is ...
2: Order process and contract
After purchasing the Services on the Site, you will receive an email acknowledging that Personalised Co have received your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and Personalised Co will confirm such acceptance to you by sending you an email confirmation.
The contract between you and us (the "Contract") will only be formed after Personalised Co have debited your payment card and confirmed receipt of your order by email. Any products which Personalised Co have not confirmed in the email will not form part of the Contract and any suitable arrangements for a refund will be made at Personalised Co's discretion.
Personalised Co reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
Unless otherwise indicated during the order process, payment can be made by any credit or debit card or through an electronic payment account as identified on the order form. Personalised Co reserve the right to include additional charges where certain cards are used, such as (but not limited to) American Express or other international credit cards.
Should a payment to Personalised Co be requested to be returned by your bank, Personalised Co reserve the right to charge you a fee for the returned payment.
When you pay for your order by card, Personalised Co carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carry out these checks.
Personalised Co may in its sole discretion allow you to use a discount code to reduce the price of your order. Personalised Co reserves the right to withdraw any and all discount codes at its sole discretion.
3: Product availability and delivery
Personalised Co uses a third party courier company to deliver the Products to you (the "Delivery Company"). Where these Terms and Conditions refer to Personalised Co arranging, making or otherwise organising your delivery, such deliveries will be carried out, arranged or organised by the Delivery Company.
Personalised Co will attempt to process your order and prepare it for collection by the Delivery Company as soon as is reasonably possible. Should there be a delay to this process, we will attempt to notify you.
Personalised Co take no responsibility for any delays to delivery caused by factors out of our control. Where possible we will take steps to make alternative arrangements but it is accepted that this will not always be possible and that ultimate responsibility ultimately rests with the Delivery Company.
It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.
4: Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will pass to you upon delivery and after Personalised have received full payment of all sums due in respect of the Products.
Neither Personalised Co nor the Delivery Company shall be deemed responsible for any theft of or damage to the Products from the delivery address.
5: Transfer of rights and obligations
Personalised Co may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of Personalised Co's rights or obligations arising under it, at any time during the term of the Contract.
6: Changing or removing Products
Personalised Co reserve the right to withdraw or replace the Products without notice.Personalised Co reserve the right to change the price and specifications of the Products without notice, including but the source of the ingredients in the Products.
7: Cancellations and refunds
By entering into these Terms and Conditions you acknowledge that there is no automatic right to a refund.
If you wish to cancel your Subscription or request a refund for Products you have purchased, you MUST inform us within 14 days of delivery of the Products in question. All communications should be sent by email to firstname.lastname@example.org. If you choose to cancel your Contract with us after the Products have been delivered, we may request that you return the Products to us. Where we make this request, we will provide you with instructions by email on how to return the Products.
Our Terms and Conditions and this refunds policy applies only to the most recent order you have made. Previous or historic orders will only be refunded at our entire discretion.
Personalised Co reserves the right to cancel your order with immediate effect and arrange a full refund of outstanding amounts. Personalised Co can exercise this right at any time and for whatever reason in its sole discretion.
If you have a comment, concern or complaint about any of the Products you have purchased from us, please contact us via email at email@example.com.
8: Offers and promotional codes
Any promotion code or offer provided on our Website cannot be used in conjunction with any other promotion (current or historical) and may be subject to additional terms and conditions (such as expiry date/time) which will be shared at the point of publication and are subject to availability.
Each promotion code or offer may be used only once per customer. If more than one customer is registered at the same delivery address our promotion code or offer may only be used by one customer registered to that address (on a one per household basis).
If it is found that more than one promotion code or offer has been used by the same customer or more than once per household: (1) only one product will be dispatched and the other orders cancelled. In such instances, we will notify you as soon as reasonably possible and refund you for any charges that may have been incurred on purchase; (2) if we suspect that you have used different email addresses or delivery addresses to get around this system, we may decide to count this as fraudulent activity; (3) for any order which has already been dispatched and, in our reasonable discretion, is deemed to be fraudulent, we reserve the right to charge the product's Recommended Retail Price (per fraudulent order, without the promotional discount), and any other reasonable charges which we may incur.
We reserve the right to withdraw or terminate any of our promotion codes or offers at any time. On withdrawal or termination, the promotion codes or offers may not be used for any orders placed after the date of such withdrawal or termination. We reserve the right to reject the use of any promotion codes or offers where fraud is suspected.
9: Accuracy of information on the Website
The Website may contain links to other websites or applications but we are not responsible for the content, accuracy or opinions expressed on such websites or applications, and such websites and applications are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website or application on the Website does not imply approval or endorsement of the linked website or application by us. When you access these third party sites or applications, you do so at your own risk. We take no responsibility for third party advertisements which are posted on the Website, nor do we take any responsibility for the goods or services provided by its advertisers.
We accept no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any content provided through the Website. We are not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to users or to any person's computer related to, or resulting from, participation or downloading materials in connection with the Website.
Under no circumstances shall we be responsible for any loss or damage resulting from use of the Site or App, from any content posted on or through the Website, or from the conduct of any users of the Website, whether online or offline. The Website is provided "as is" and as available and we make no representations or warranties of any kind as to the Website or the content thereof, including without limitation, as to availability of the Website for access and use.
10: Privacy and personal information
11: Prohibited users and unlawful actions
By placing an order through the Website, you warrant that you are 18 years of age and that you are legally capable of entering into binding contracts.
You will be prohibited from using the site or its contents:
11.1 Any unlawful purpose
11.2 Engagement, connection to or participation in unlawful acts
11.2.1 Used the Website or its Content for any unlawful purpose or in connection with any unlawful act
11.2.2 If you have violated the regulations, laws or other rules of any country, state or other international government or regulatory body
11.2.3 Infringed upon or violated our intellectual property rights or the intellectual property rights of others
11.2.4 If you have harassed, abused, insulted, harmed, defamed, slandered, disparaged, intimidated or discriminated anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
11.2.5 If you have submitted, shared or otherwise communicated false or misleading information"
11.2.6 If you have uploaded or otherwise transmitted viruses or any other type of computer software intended to cause damage that will or could affect our Website or any related websites on the internet
11.2.7 Collected, tracked, monitored or accessed personal information belonging to others
11.2.8 Spamming, phishing, pharming, pretexting, spidering, crawling or scraping
11.2.9 Used the Website or its Content for any obscene or immoral purpose
11.2.10 Attempted to get round or interfere with our Website, any information on our Website or any of the security features of our Website
11.3: Use of this Website and our Services will be terminated for violating any of the prohibited uses listed above.
You agree to indemnify and hold us, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website in violation of these terms and conditions and/or arising from your use of or conduct on the Website and/or a breach of these terms and conditions.
Personalised Co strongly recommend that you seek medical advice before starting any supplement program.
You acknowledge and agree that Personalised Co does not give medical advice, medical opinion, medical advice, diagnosis or treatment.
Never disregard professional medical advice or delay in seeking it because of something you have read on the Website or other Personalised Co publications, including social media bulletins. This includes any advice Personalised Co provide to you by email, over the telephone or in person.
Personalised Co has used all reasonable care in obtaining the information presented on the Website and on its Products but we make no warranty as to its accuracy.
If you have a medical condition which affects your nutritional or dietary requirements (for example, allergies, intolerances and certain illnesses), you must not use Personalised Co, or you must take your own medical advice before using Personalised Co. Being under 18, or severely underweight, or severely overweight, or pregnant, or breastfeeding may also affect your nutritional or dietary requirements and you should check with your medical adviser before using Personalised Co. If any of the these circumstances apply to you, you must inform us of the circumstances that apply and the medical advice received. We may decline to allow you to use Personalised Co. If you choose to use Personalised Co, you do so at your own risk
14: Warranties and limitation of liability
14.1 We do not warrant, guarantee or represent that your use of our Website of the Service will be uninterrupted, timely, secure or error-free.
14.2 We do not warrant that the information provided to you by or or the results obtained from our Service will be accurate or reliable.
14.3 You agree that at times we are within our own right to remove the Service for indefinite periods of time or cancel the service at anytime without notice to you.
14.4 You agree that your use or inability to use, our Service is at your own risk. Our Service and our Products are provided as they are and as they are available for your usage and come without representation, warranties or conditions of any kind including express or implied warranties, and also implied warranties or conditions of fitness for the ordinary purposes for which the product is to be used, its quality in relation to this and also particular purpose, durability, title, and does not infringe another’s intellectual property rights.
14.5 Personalised Co will in no circumstances, be liable or shall its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind. These include without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from your use of our Service or our Products procured using our Service, or for any other claim related in any way to your use of our Service or our Product, including but not limited to, any errors or omissions in any content, or any loss of damage of any kind incurred as a result of the use of the service or any content posted, transmitted or otherwise made available via the service, even if advised of their possibility. Where in some jurisdictions, the exclusion of limitation of liability is not permitted for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such jurisdictions.
15: Entire agreement
These Terms and Conditions, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.
You acknowledge and agree that in entering into this Agreement, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.
16: Our Intellectual Property Rights
16.1 This Website and all Content is protected by copyright, trademark, patent, trade secret and other laws. We grant you limited access to retrieve and display our Content but this can be stopped and limited and does not give you rights to sub-license. It is to be for your personal, non-commercial use, which is only to be used to the extent of viewing our Website and placing orders. You are allowed to retrieve and display our Content on a computer screen and store our content in a form that is a device or server connected to a network, or print one copy of our Content for your own personal, non-commercial use, provided you keep intact all and any copyright and ownership rights. You must not reproduce, modify, copy or distribute or use for commercial purposes any of our Content without obtaining written permission from us.
16.2 You agree to secure us against legal liability for your actions and hereby provide us with an indemnity for all losses, liabilities, costs and expenses reasonably incurred by us or for which we may become liable for. This includes but is not limited to all damages awarded against us under any judgement by a court of law and all settlement sums paid by us as a result of any settlement agreed by us. This may be due to or in connection with:
17: Your feedback and social media posts
At times we may post asking for your feedback and may monitor social media posts you post affiliated with us. This could be for contest entries or for us to repost ourselves. You are free to send us creative ideas, suggestions, proposals, plans, or other materials by any means you wish and even when we don’t request feedback of this kind. You agree that under no restriction, we may at any time edit, copy, publish, distribute, translate and otherwise use in any medium anything that you send to us. We reserve our right to not maintain any comments in confidence, to pay compensation for any comments or to respond to any comments. If we decide that any comments are to be unlawful, offensive, threatening, defamatory, libellous, pornographic or obscene in nature, or in violation of intellectual property rights, we will immediately remove them. You agree that your comments will not violate any right of any external party and this extends to include copyright, trademark, privacy, personality or other personal or any other intellectual property right. You are the only one responsible for any comments you make and for their accuracy. We take no responsibility and assume no liability for any comments submitted by you or any third-party.