1. Introduction
This website www.justfortummies.co.uk (the Website) is operated by Nottingham Health Shop Ltd trading as “Just For Tummies” (we/us).
These terms and conditions together with our Privacy Policy (the Terms) govern your use of the Website. By using the Website, you accept these Terms in full. If you disagree with any part of these Terms, do not use the Website.
2. Intellectual property rights
The Website and all intellectual property protecting the Website (“Content”) are the sole and exclusive property of us.
You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
Without our written consent, you may not use, transfer, adapt, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
All Contents of this Website are: © Nottingham Health Shop Ltd 2015.
3. Licence to use the website
Provided you are eligible to use the Website you may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions below.
You must not without our express written consent:
- republish material from the Website (including republication on another website);
- sell, rent or otherwise sub-license material on the Website;
- reproduce (by downloading or uploading), duplicate, copy or otherwise exploit material on the Website for a commercial purpose.
4. Restricted access
Access to the My Account section of the Website is restricted to registered users
You have the ability to register on the Website to enable you to access restricted areas of the Website or other content or services.
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide us with any optional information requested. You also agree to maintain and promptly update information provided when you registered with the Website and any other information you provide to us, to keep it accurate, current and complete, and to maintain the security of your login and password. Please see our Privacy Policy which forms part of the Terms.
You accept responsibility for all activities that occur under your user account including without limitation your interaction with other users of the Website.
We reserve the right to restrict access to areas of the Website, or indeed the whole Website, at our discretion.
We may disable your account and password at our discretion.
5. Customer testimonials
You are solely responsible for any content (in whatever form) that you upload, publish, display, post on, or transmit to or share with other users on the Website (User Content) and we accept no responsibility in relation to the same.
You agree that we are under no obligation to pre-screen or control User Content that is made available on the Website and as such we do not guarantee the suitability, accuracy or quality of such content.
However, we may take such action as we deem appropriate to deal with the posting of unsuitable User Content, including suspending or cancelling your account, restricting your access to the Website, or commencing legal proceedings against you.
Ownership of your User Content, and any intellectual property and proprietary rights in your User Content remains with you. However, by uploading, publishing, displaying, posting or transmitting User Content on the Website, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.
You must not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website for any purposes related to marketing without our express written consent.
You must not use the Website to copy, publish or send mass mailings or spam.
You must not use the Website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via the Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
You agree to indemnify us, our officers, employees or licensors in respect of any loss that we or they may suffer as a result, directly or indirectly, of any breach by you of any provision of this section 5.
6. Email Subscription
By purchasing from Just for Tummies you will be added to our mailing list to receive further communication from us – including helpful tips and information about our products, as well as fantastic offers. You can unsubscribe from these emails at any time.
7. Limitations of liability
The information on the Website is provided free-of-charge. You agree that you use the Website entirely at your own risk.
Whilst we endeavour to ensure that the information on the Website is correct, we make no warranties, whether express or implied in relation to its suitability, reliability, completeness or accuracy for any purpose; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
We acknowledge that we may be liable for direct and foreseeable losses arising from our acts or omissions in connection with the Website. However, in all other circumstances we shall not be liable for any damages whatever, including but without limitation to, loss of or damage to property, damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website or interactions between users of the Website (whether online or offline), whether based on contract, tort (including negligence), or otherwise, without limitation, even if we have been advised of the possibility of damage.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
If you are dissatisfied with any portion of the Website, or with any of these terms and conditions, your sole remedy, except as specifically provided in these terms and conditions, is to stop using the Website.
8. Variation
We may revise these terms and conditions from time-to-time and without individual notice to you. Please check this page regularly to ensure you are familiar with the current version. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
9. Availability
We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
10. Virus protection and compatibility
While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Website is virus-free and secure.
We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. We do not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
11. Sales contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
12. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
13. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
14. Availability
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
15. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
16. Price
The prices payable for goods that you order are as set out on our website. All prices are in sterling, inclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
Discount cannot be combined with any other offers or used against existing subscriptions.
Supplements from Just For Tummies should be consumed as part of a healthy and balanced diet and lifestyle. If you are taking any prescribed medication or have any medical conditions, please consult your doctor or pharmacist before taking any supplements.
17. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
18. Delivery
Our delivery charges are set out in our website.
You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
Please note that we are only able to deliver to addresses within the United Kingdom and BFPO addresses.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
19. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. You will only own the goods once they have been successfully delivered.
20. Cancellation rights
Under the Consumer Protection (Distance Selling) Regulations 2000 you have the legal right to cancel your order up to seven working days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us in writing if you wish to cancel your contract.
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited by us from your credit or debit card will be re-credited to your account as soon as possible, and in any event within 30 days of cancellation.
21. Cancellation by us
We reserve the right not to process your order if:
- We have insufficient stock to deliver the goods you have ordered;
- We do not deliver to your area;
- One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 30 days.
22. Liability
If you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery, we will provide you with a full refund.
23. Entire agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
24. General
A failure or delay by us in enforcing compliance with these terms and conditions shall not be a waiver of that or any other provision of these terms and conditions.
If any of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
None of these terms and conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
25. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
26. Trading name
“Just For Tummies” is a trading name of Nottingham Health Shop Ltd. Registered in England No. 8699512. Registered address: 910 Woodborough Road, Mapperley, Nottingham NG3 5QR.
27. Our contact details
If you have any questions about these terms and conditions, please write to us by email to tummyteam@justfortummies.co.uk or by post to:
The Tummy Team
Nottingham Health Shop Ltd T/A Just For Tummies
910 Woodborough Road,
Mapperley,
Nottingham NG3 5QR
Alternatively you can contact us by telephone on 01159676699.
