We are Influ Limited t/a Wellness EQ, a company incorporated in England under the Companies Act 2006 (Company No.: 09693332) with its registered office at Kingfisher House, Hurstwood Grange, Hurstwood Lane, Haywards Heath, West Sussex, United Kingdom, RH17 7QX (“we” or “us”).
1 Our Terms
1.1 These are our Terms and Conditions which govern our sales of our 3 month Wellness EQ weight loss and healthy eating programme (the “Programme”), whether these are goods, services, or digital content. These terms should be read alongside our Cancellation Policy and our Privacy Statement.
1.2 These terms constitute a legal agreement between us and you. Therefore, please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Programmes to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 These terms provide you with an overview of your rights as a consumer. You are a consumer if:
1.3.1 You are an individual; and
1.3.2 You are buying Programmes from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2 Information about how to contact us
2.1 You can contact us by email at email@example.com or by post to 15 Cowgill Gardens, Edinburgh, EH16 6FP.
2.2 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 When we use the words “writing” or “written” in these terms, this includes emails.
3 Our Programme
3.1 Our Programme will be made available to you either by post or via our website when purchasing an online subscription.
3.2 Our Programme is suitable for all adults and children, however if you have any conditions or suffer from any illnesses and are not in good health, please inform us prior to commencing the Programme.
3.3 It is important to note that we do not provide medical advice and any guidance that we may provide is no substitute for professional medical or physiotherapy advice.
3.4 Any images of the products included in our Programmes are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the colours accurately reflect the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images.
3.5 All meals contained within the Programme are pre-set and therefore new recipes will not be created upon request. However, if you notify us of an allergy or intolerance you will be provided with advice on how to remove or replace most ingredients included in the Programme.
3.6 As part of the Programme, we may also provide you with other products, such as supplements, which are supplied to us by third parties. If you choose to use any supplements provided with the Programme, please review any instructions for use on the packaging or provided with the supplements prior to opening the packaging.
3.7 You must submit the correct information. Please ensure you complete your correct age, height (cm) and weight (kg) on the questionnaire. Once the Programme begins, you will be in complete control of the results. In order to achieve success with this programme you need to stick to it 100%: this includes advice on meal recipes, alcohol consumption and eating out.
4 How you may use materials we provide
4.1 We are the owner or the licensee of all intellectual property rights in our Programme, including all digital products downloaded and online content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 This contract is between you and us and therefore, each Programme is licensed to a single user only. You are not permitted to copy, distribute, share and/or transfer the Programme purchased to any third party. You must not share your subscription details with other users.
4.3 You must not use any part of the content of the Programme for any purpose other than your personal wellbeing and nutrition.
4.4 If you print off, copy or download any part of our Programme in breach of these terms and conditions, your right to use our Programme will cease immediately and you must, at our request, return or destroy any copies of the materials you have made.
5 Our contract with you
5.1 Our acceptance of your order will take place when we email you to accept it or verbally agree during a face-to-face, telephonic or internet meeting, at which point a contract will come into existence between you and us.
5.2 If we are unable to accept your order, we will inform you of this and will not charge you for the Programme. This might be because the Programme or supplements are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Programme or because we are unable to meet a delivery deadline you have specified.
5.3 We will either use your name or assign a personal ID number to your order and tell you what it is when we accept your order. It will help us if you can tell us the name or personal ID number whenever you contact us about your order.
6 Your rights to make changes
6.1 If you wish to make a change to your order, 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 of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7 Our rights
7.1 We may change the Programme:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements, for example to address a security threat, to improve labelling or packaging of our Programme, or to improve the content or recipes detailed within the Programme.
7.2 We may update and change our website from time to time to reflect changes to our products, our users' needs and our business priorities.
8 Providing the Programme
8.1 Our Programme will be made available to you either by post or via our website when purchasing an online subscription, depending on the option that you have selected when making your purchase.
8.2 You will own the Programme once we have received payment in full.
8.3 We may need certain information from you so that we can supply the Programme to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 12 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Programme late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.4 If you have chosen to subscribe to our online subscription, our Programme shall be provided to you via our website for the duration of 3 calendar months from the date that you are granted access to the Programme (the "Initial Subscription Period").
8.5 We will provide you with login details via email which will provide you with access to the Programme. Once you have accessed the Programme, this shall be non-returnable. For more information, please see our Cancellation Policy.
8.6 Our Programme is only to be accessed by you. You are not permitted to transfer or assign your subscription or share your login details with any third party.
Upon the expiry of the Initial Subscription Period, your subscription will automatically terminate after 12 months (an "Annual Subscription") and thereafter can be renewed for further periods of 12 months at a time. This will provide you with ongoing access to the Programme documentation and with regular updates including additional recipes and nutritional information.
8.7 The Annual Subscription fee is payable in advance and will be collected during the last week of the Initial Subscription Period or then current Annual Subscription, if you decide to renew. We will inform you of any changes to the Annual Subscription fee not less than 4 weeks prior to the expiry of your then current Annual Subscription.
8.8 If you give notice that you wish to cancel your Annual Subscription, your current subscription will remain active for the duration of the Subscription period already paid for. Your subscription will then terminate upon the expiry of that Annual Subscription period, and you will no longer have access to the Programme or any of our additional online content.
8.9 We reserve the right to accept or refuse your subscription, to the extent permitted by applicable law.
8.10 Our Programmes are provided in a sealed form. Once this seal has been unsealed by you, this will be non-returnable. For more information, please see our Cancellation Policy.
8.11 The costs of delivery will be as provided to you.
8.12 During the order process we will let you know when we will provide our Programme to you. We will deliver the Programme to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
8.13 We are not responsible for delays outside our control. If our supply of the Programme is delayed by an 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 the Programme you have paid for but not received.
8.14 If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the Programme from a local depot.
8.15 If you do not collect the Programme from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 or re-arrange delivery we may end the contract and Clause 12 will apply.
8.16 The Programme will be your responsibility from the time we deliver the Programme to the address you gave us or you or a carrier organised by you collect it from us.
8.17 We reserve the right to accept or refuse your order, to the extent permitted by applicable law.
9 Suspension or Withdrawal
9.1 We may have to suspend the supply of our Programme for reasons outside our control.
9.2 We will contact you in advance to tell you we will be suspending supply of the Programme, unless the problem is urgent or an emergency. If we have to suspend the supply of the Programme, we will cancel your order and refund you in full for the Programme ordered.
9.3 We may also suspend supply of the Programme if you do not pay. If you do not pay us for the Programme when you are supposed to (see Clause 15.4) and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the Programme until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Programme. We will not suspend the Programme where you dispute the unpaid invoice. We will not charge you for the Programme during the period for which it is suspended. As well as suspending the Programme we can also charge you interest on your overdue payments (see Clause 15.6).
9.4 We do not guarantee that our site, or any content on it, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
10 Your rights to end the contract
10.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
10.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 14.
10.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see Clause 10.2;
10.1.3 If you are a consumer and have just changed your mind about the product, see Clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 10.2.1 to10.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
10.2.1 we have told you about an upcoming change to the Programmes or these terms which you do not agree to (see Clause 7.1);
10.2.2 we have told you about an error in the price or description of the Programme you have ordered and you do not wish to proceed;
10.2.3 there is a risk that supply of the Programmes may be significantly delayed because of events outside our control;
10.2.4 we have suspended supply of the Programmes for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
10.2.5 you have a legal right to end the contract because of something we have done wrong.
10.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in our Cancellation Policy.
10.4 Your right as a consumer to change your mind does not apply in respect of:
10.4.1 personalised goods e.g. items that carry an individual’s details, including but not limited to full name, first name, surname, monogram or initials on them;
10.4.2 non-returnable items including products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them
10.4.3 digital products and online content once you have accessed and/or downloaded or streamed these;
10.4.4 any products which become mixed inseparably with other items after their delivery.
10.5 You are entitled to inspect the goods provided as part of the Programme to decide whether you wish to change your mind, but you should not break any seals on any of the products.
10.6 If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
10.7 If you have chosen to receive our Programme by online subscription, as this provides you with digital content for download or streaming, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
10.8 If you are receiving the Programme by post, as you bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
10.8.1 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
10.8.2 Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
11 How to end the contract with us (including if you are a consumer who has changed their mind)
11.1 To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us at 15 Cowgill Gardens, Edinburgh, EH16 6FP. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
12 Our rights to end the contract
12.1 We may end the contract for a Programme at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Programme, for example, delivery address details;
12.1.3 you do not, within a reasonable time, allow us to deliver the Programme to you or collect them from us; or
12.1.4 other circumstances that we may deem commercially appropriate.
12.2 If we end the contract in the situations set out in Clause 12.1 we will refund any money you have paid in advance for Programmes we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13 If there is a problem with the Programme
13.1 If you have any questions or complaints about the Programme, please contact us. You can write to us at email@example.com or at 15 Cowgill Gardens, Edinburgh, EH16 6FP.
14 Your rights in respect of defective products as a consumer
14.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights in relation to the products.
14.2 Your key legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
14.3 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
14.3.1 Up to 30 days: if your goods are faulty, then you can get an immediate refund.
14.3.2 Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
14.3.3 Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
14.4 If you wish to exercise your legal rights to reject products you must either return the Programme in person to where you bought it or post it back to us. If you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
15 Price and Payment
15.1 The price of the Programme (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Programme advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the Programme you order.
15.2 If the rate of VAT changes between your order date and the date we supply the Programme, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
15.3 It is always possible that, despite our best efforts, some of the Programmes we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Programme’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Programme’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
15.4 We accept payment with any of the payment methods listed at the payment stage of our checkout process. You must pay for the Programmes before we dispatch them or before you download them from our website. We will not charge your credit or debit card until we dispatch the Programmes to you.
15.5 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15.6 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
16 Our responsibility for loss or damage suffered by you if you are a consumer
16.1 We do not provide medical advice. When following the Programme, you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.
16.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.3 We do not exclude or limit in any way our liability to you 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, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
16.4 We are not liable for business losses. We supply Programmes to you for domestic and private use only.
16.5 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
17 How we may use your personal data
17.1 We will only use your personal information as set out in our Privacy Statement.
18 Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Programmes not provided.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at Clause 8.13 to a person who has acquired the Programme. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause
18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Programme, we can still require you to make the payment at a later date.
18.6 These terms are governed by Scots law and you can bring legal proceedings in respect of our product in the Scottish courts.
18.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Retail Ombudsman via their website at https://www.theretailombudsman.org.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
18.8 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.