Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:(a) Event Outside Our Control: is defined in clause 9.2;
(b) Goods: the electronic workout plans that We are selling to you as set out in the online Order;
(c) Order: your order for the Goods and/or Services;
(d) Plan: the personalised nutrition plan We create for you as a result of the Services, as set out in the Order;
(e) Services: provision of the Plan and support services We are providing to you as set out in the Order;
(f) Terms: the terms and conditions set out in this document; and
(g) We/Our/Us: Daniel Wheeler Limited, a company registered in England and Wales, (Company No. 08154179), whose registered address is 8C Sidney Road, Walton-on-Thames KT12 2NB.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before committing to an Order. If you think that there is a mistake, please contact Us to discuss.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Order.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order or when We notify you that We are able to provide you with the Services and/or the Goods at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order, these Terms will take priority.
2.6 The images of the Goods and/or Services on Our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, Your Goods may vary slightly from the images displayed.
3.1 We may revise these Terms from time to time. You should periodically review them for changes although where possible We will try to bring any changes to your attention by indicating such changes via a notice on the Website. If you continue to use the Website after the date on which any changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms. If you do not wish to accept the new Terms you should not continue to use the Website.
4. Delivery of goods
4.1 Delivery of Goods shall be completed when We make the Goods available for download to you. You own the Goods once We have received payment in full.
5. Providing services
5.1 We will supply the Services to you from the date agreed between Us in writing for an approximate period of 8, 12, 16 or 20 weeks (as detailed in your Order).
5.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.
5.3 We will need certain information from you that is necessary for Us to provide the Services, for example, date of birth, body measurements, weight, height, lifestyle situation, occupation etc. We will contact you in writing about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause 5.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any part of the Services We have already provided to you.
5.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 5.4 but this does not affect your obligation to pay for any part of the Services We have already provided to you.
5.5 If you do not pay Us for the Services when you are supposed to, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 7.6.
5.6 We will own the copyright, design right and all other intellectual property rights in the Plan and any drafts, drawings or illustrations We make in connection with the Plan for you.
6. If there is a problem with the services
6.1 In the unlikely event that there is a problem with the Services:(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any defect; and
(c) We will use every effort to repair or fix the defect as soon as reasonably practicable.
6.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7. Price and payment
7.1 The price of the Goods and/or the Services will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
7.2 The prices for the Goods exclude delivery costs, which will be added to the total amount due.
7.3 It is always possible that, despite Our best efforts, some of the Goods or Services We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on Our Website, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods or Services to you at the incorrect (lower) price.
7.4 Where We are providing Goods or Services to you, you must make payment for Goods and/or Services in advance by BACs/bank transfer or by credit or debit card. We accept payment with Mastercard/Eurocard, Visa/Delta/Electron, Discover, American Express, Maestro and Paypal.
7.5 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
7.6 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 7.6 will not apply for the period of the dispute.
8. Disclaimer and our liability to you
8.1 We strongly recommend that you consult with your physician before beginning any exercise program, including those available from the Website. If you have any healthcare issue such as diabetes, unstable cardiovascular disease, cancer, liver disease, asthma, heart condition, growth condition or have experienced chest pains or dizziness in the last month then We would urge you to consult with your doctor before undertaking any exercise.
8.2 We strongly recommend that you seek medical advice before starting any weight loss or nutritional plan. The information provided by Us is not intended to constitute medical advice or act as a substitute for medical treatment. You should not use the Goods and/or Services provided if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary needs. We provide general information and guidance on weight loss and weight loss management. Although We aim to support users in their efforts to lose weight, We in no way warrant that information on the Website and/or provided by the Product or as part of the Service will guarantee the desired results. Although We will use reasonable skill and care in providing the Services, We give no other warranties or guarantees in relation to Services. We will not be responsible for any errors or omissions or for the results obtained from the use of the Goods and/or Services or for any healthcare problems you may experience whilst utilising a Product and/or Services.
8.3 The Goods, Plans and/or Services are not provided by licensed medical care providers (unless specified). We would like you to understand that when participating in any exercise or exercise program and or actioning advice given from a Us, there is a possible risk of physical injury. If you engage in any exercise or exercise program or action any answers preceded by questions given from yourself or any other persons from this Website or given by any of Our associates, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury, and agree to release and discharge Us from any and all claims or causes of action, known or unknown, arising out of Our advice.
8.4 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract. We only supply the Goods and/or Services for domestic and private use. You agree not to use the Goods and/or Services for any commercial, business or re-sale purpose. We will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity caused as a result of providing the Services and/or Goods.
8.5 We do not warrant that (i) the Goods and/or Services supplied will meet your requirements, (ii) the Services or Website will be uninterrupted, secure or error-free, (iii) the results that may be obtained from utilising the Goods and/or Services, or the Website, that We supply will be as desired, or (iv) any errors in the Website will be corrected. We shall not be liable to you for:(a) any acts or omissions of a product provider;
(b) any service which is outside the scope of these Terms;
(c) any failure caused by Events Outside Our Control;
(d) any failure by Us which results from any material breach by you of the Terms or from your failure to implement my reasonable recommendations or instructions communicated to you;
(e) any loss which is not reasonably foreseeable to both parties at the time of entry into these Terms;
(f) any loss of profits, income or revenue;
(g) loss of business or goodwill
(h) wasted time or loss of anticipated savings;
(i) damage to hardware or other equipment (so far as permitted by law); or
(j) any loss, destruction or corruption of data.
8.6 Our aggregate liability to you and any other person (whether in contract, tort, for breach of statutory duty or otherwise) shall not exceed an amount equal to the fees paid by you for the relevant Service and/or Product as stated in the Order.
8.7 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Goods under the Consumer Protection Act 1987.
9. Events Outside Our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, Our contractors and/or employees personal injury or sickness or personal matters which involve injury or illness.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: (a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 10. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks.
10. Your rights to cancel and applicable refund
10.1 Cancellation of an Order for Goods:(a) By agreeing to an Order for Goods you agree that the Goods will be provided to you immediately in electronic format. As a result you agree that you will not be entitled to cancel your Order pursuant to the Consumer Protection (Distance Selling) Regulations 2000. Consequently, subject to section 10.1(b), you may not cancel an Order for Goods once the Goods have been made available to you for download. Each purchase of a permanent download shall be deemed a final, non-exchangeable, non-refundable sale.
(b) You may cancel a pre-order for Goods up to and including the day before the release date of the relevant Goods to you by emailing Us at Enquiries@danielwheeler.co.uk, clearly stating your order number and item(s) to be cancelled.
(c) Once you have notified us that you are cancelling your order, any sum debited to us from your credit or debit card or Paypal account will be re-credited to your account as soon as possible and in any event within 60 days of your cancellation.
10.2 We take great care in providing our Goods to you. In the unlikely event of faults with, or damage to, the Goods or if you have received an incorrect or incomplete Good please contact us at Enquiries@danielwheeler.co.uk. We will replace any such faulty or damaged Goods if possible or if there are continuing issues with the Goods we may issue a refund. You must notify us within a reasonable period of time of download of the Goods. If you fail to notify us within a reasonable time, we will have no liability to you.
10.3 Cancellation of an Order for Services:
(a) By agreeing to an Order for Services you agree that the Services specified in your Order will be commenced immediately following payment and provision of your information and details as set out at Clause 5.3. You acknowledge that the Services involve the formation of a personalised nutrition Plan, tailored specifically for you and as such you agree that you will not be entitled to cancel your Order pursuant to the Consumer Protection (Distance Selling) Regulations 2000. Consequently you may not cancel an Order for Services once you have provided the information stipulated at Clause 5.3 as commencement of the Services will begin immediately. If you need to cancel your Order for Services please contact Us immediately.
10.4 Before We begin to provide the Services and/or the Goods are delivered, you have the following rights to cancel an Order:(a) You may cancel any Order for Services at any time before the start date (as specified in Clause 10.3(a)) for the Services by contacting Us. We will confirm your cancellation in writing to you.
(b) If you cancel an Order under clause 10.4(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
(c) However, if you cancel an Order for Services under clause 10.4(a) and We have already started work on your Order, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
11. Our rights to cancel and applicable refund
11.1 If We have to cancel an Order for Goods and/or Services before the Services start or the Goods are delivered:(a) We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or (in the case of Services) key personnel or key materials are unavailable, without which We cannot provide the Services. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 11.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you.
11.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 5 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you. We may cancel the contract for Services at any time with immediate effect by giving you written notice if:(a) you do not pay Us when you are supposed to. This does not affect Our right to charge you interest; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
12. Information about us and how to contact us
12.1 We are a company registered in England and Wales. Our company registration number is 08154179 and Our registered office is at 8c Sidney Road, Walton-on-Thames KT12 2NB.
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 07933608220 or by e-mailing Us Enquiries@danielwheeler.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
13. How we may use your personal information
13.1 We will use the personal information you provide to Us to:(a) provide the Goods and/or Services;
(b) process your payment for such Goods and/or Services;
(c) inform you about similar Goods or services that We provide, but you may stop receiving these at any time by contacting Us; and
(d) email you about promotions run by trusted third party partners.
14. Other important terms
14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
14.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 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.
14.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.