Terms of Sale
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Subscription are sold by Us to consumers through this website, www.fyxwater.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription from Our Site. You will be required to read and accept these Terms of Sale when placing an order for a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of a Subscription, as explained in Clause 8
“Order” means your order for a Subscription;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Account” means the account, referred to in sub-Clause 8 and the attachment, that You must set up with Us in order to purchase any Subscription;
“Products” means our collagen drink bought on a Subscription basis. You will be advised of the quantities on purchasing the Subscription and within our Subscription Confirmation;
“Subscription” means a purchase made by You.
By entering into a Subscription You are purchasing a monthly Subscription which will renew automatically on a month by month basis. Your Subscription auto renews each month until cancelled on the same day each month;
“Subscription Confirmation” means Our acceptance and confirmation of Your purchase of a Subscription;
“Order” means your purchase of our Subscription;
“Order Number” means the reference number for your Order;
“We/Us/Our” means FYX Body & Health Limited, a company registered in England Wales under company number 12733574 of FYX Body & Health Ltd, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE. and includes all employees and agents of FYX Body & Health Limited; and “You/Your” means the person who sets up an Account and purchases a Subscription.
2. Information About Us
2.1 Our Site, www.fyxwater.com is owned and operated by FYX Body & Health Limited, a company registered in England Wales under company number 12733574 of FYX Body & Health Ltd, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.
2.2 Our VAT number is 385269947.
2.3 We are certified by IFS Food who meets the criteria of the Global Food Safety initiative by CIES.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
4. Age Restrictions
4.1 Consumers may only purchase a Subscription through Our Site if they are at least 18 years of age.
5. Business Customers
5.1 These Terms of Sale apply to consumers only and do not apply to customers purchasing a Subscription in the course of business.
6. International Customers
6.1 Please note that We only deliver within the United Kingdom.
7. Product, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of our Products correspond to the actual Subscription that you will receive. Please note, however, the following:
7.1.1 Images of the Goods are for illustrative purposes only. There may be slight variations in colour.
7.1.2 Due to the nature of the Goods there may be up to 10% variance in size, weight or volume.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Products, not to different Products altogether. Please refer to Clause 11 if you receive incorrect Products (i.e. Products that are not as described).
7.3 All the Goods descriptions provided in our sales literature and/or our website (www.fyxwater.com) include a full list of ingredients and nutritional information. You are required to carefully read those ingredients prior to purchasing our Products. However for the avoidance of doubt due to ingredients our Products are not suitable for Vegetarians or Vegans. Our Products clearly state they contain fish which may cause an allergy or intolerance to some people.
Please note, that our Products are prepared in the same environment with the following ingredients which may cause allergies or intolerances:
7.3.1 Gluten;
7.3.2 Milk or lactose;
7.3.3 Eggs;
7.3.4 Peanuts;
7.3.5 Other nuts;
7.3.6 Celery;
7.3.7 Mustard;
7.3.8 Sesame seeds;
7.3.9 Soya or soybeans;
Accordingly we cannot guarantee that they will be 100% free of such ingredients.
All ingredients are listed on the physical Products and is repeated here for Your ease.
7.4 Minor changes may, from time to time, be made to certain Subscriptions between your Order being placed and Us processing that Order and dispatching the Products, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the Subscription and will not normally affect your use or enjoyment of those Subscription. However, if any change is made that would affect your use or enjoyment of the Subscription, suitable information will be provided to you.
7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
7.6 All prices are checked by Us before We accept your Subscription. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Subscription, we will simply charge you the lower amount and continue processing your Subscription. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your Subscription (or the affected part of it). We will not proceed with processing your Subscription in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Subscription as cancelled and notify you of this in writing.
7.7 In the event that the price of the Subscription you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your order for a Subscription.
7.8 All prices on Our Site include VAT. If the VAT rate changes between your Subscription being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.9 Delivery charges are included in the price of Subscription displayed on Our Site.
7.10 We may from time to time withdraw certain products from sale. If any Products purchased by You (whether as a one-off purchase or by Subscription) are likely to be affected by such withdrawal, We will inform you in writing at 14 days in advance. You will be refunded in full for the Subscription month paid for that you will not receive due to their withdrawal. Refunds will be made within 14 calendar days after our acknowledgement, using the same payment method that you used when ordering the Goods.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Subscription due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Subscription and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Subscription ordered including full details of the main characteristics of those Subscription;
8.4.3 Fully itemised pricing for the Subscription ordered including, where appropriate, taxes, delivery and other additional charges;
8.4.4 Estimated delivery date(s).
8.4.5 Order tracking number via DPD or Royal Mail.
8.5 In the unlikely event that We do not accept or cannot fulfil your Subscription for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
8.6 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Subscription.
9. Payment
9.1 Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).
9.2 We accept the following methods of payment on Our Site:
9.2.1 Visa
9.2.2 Mastercard
9.2.3 Apple pay
9.2.4 Omni pay.
9.3 If You do not make any payment due to Us on time, We will suspend Your Subscription. If You do not make payment within 7 Days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
9.4 If You believe that We have charged You an incorrect amount, please contact Us at hello@fyx.pumpkindigitalmarketing.co.uk as soon as reasonably possible to let Us know.
10. Delivery, Risk and Ownership
10.1 Products purchased through Our Site will normally be delivered on the dates specified in Your Subscription Confirmation and confirmed by our carrier. We will continue delivering the Products until your subscription expires, or until it is ended either by you or Us.
10.2 If We are unable to deliver the Subscription on the delivery date, the following will apply:
10.2.1 If no one is available at your delivery address to receive the Subscription and the Subscription cannot be posted through your letterbox We will leave a delivery note explaining how to rearrange delivery or where to collect the Subscription;
10.2.2 If you are unable to accept your Subscription when it is being delivered our carrier will attempt redelivery or leave a card so you may rearrange delivery. If you fail to rearrange delivery or accept delivery We will treat the Contract as cancelled and recover the Subscription. If this happens, you will not be refunded the purchase price of the Subscription. We may also bill you for any reasonable additional cost that we incur in recovering the Subscription.
10.3 In the unlikely event that We fail to deliver the Subscription within 30 calendar days of Our Subscription Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Subscription; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Subscription in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Subscription and their delivery will be refunded to you within 14 days. Please note that if any cancelled Subscriptions are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Subscription.
10.6 Delivery shall be deemed complete and the responsibility for the Subscription will pass to you once We have delivered the Products to Your address.
10.7 Ownership of the Subscription passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Subscription.
10.9 Upon delivery we advise that our Products are stored at ambient temperature namely between 18-25 degrees celius. Exceeding 25 degrees celcius could lead to a change in taste for which we will not be liable. We recommend to optimise taste our Products are stored in a refrigerator and served chilled.
11. Problems with the Subscription
11.1 By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).
11.2 If any Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive an incorrect (or incorrectly priced) Subscription, please contact Us hello@fyx.pumpkindigitalmarketing.co.uk as soon as reasonably possible and in any event within 7 days to inform Us of the problem, and to arrange for a refund or replacement.
11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased a Subscription for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Subscription for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return a Subscription to Us under this Clause 11 merely because you have changed your mind. Please refer to Clause 12 for more details.
11.4 To return Subscription to Us for any reason under this Clause 11, please contact Us at hello@fyx.pumpkindigitalmarketing.co.uk to arrange for a return. We will be fully responsible for the costs of returning the Products under this Clause 11 and will reimburse you where appropriate.
11.5 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.6 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Subscription were originally purchased.
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Subscription.
11.8 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancellations
12.1 Please note that, due to the perishable nature of the Products that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 where goods have been dispatched. To clarify the 14 day “cooling-off” period starts from the original purchase of the Subscription and not any subsequent Subscription renewal. You may cancel after receiving Products if there is a problem with them, as set out in Clause 12, but you cannot cancel merely because you have changed your mind.
12.2 You may cancel Your Subscription up to 14 days prior to the renewal date. Orders cannot be cancelled after this time for the current month or once they have been dispatched.
12.3 To contact us directy to cancel please use email address hello@fyx.pumpkindigitalmarketing.co.uk.
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.4 If you wish to exercise your right to cancel under this Clause 12, you may cancel your Subscription via the account area on our website. Details of how you can access the same are detailed within our Subscription Confirmation email. In the event you have difficulties in cancelling the same please email Us at hello@fyx.pumpkindigitalmarketing.co.uk.
12.5 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our products and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.6 Any refunds due under this Clause 12 will be issued to you within 14 calendar days of the day on which you inform Us that you wish to cancel your Order.
12.7 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Subscription.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply products for domestic and private use by consumers. We make no warranty or representation that the Subscription or Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, pandemics, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of the Subscription as necessary;
14.2.5 If the event outside of Our control continues for more than 3 months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
14.2.6 If an event outside of Our control occurs and continues for more that 3 months and you wish to cancel the Contract as a result, you may do so by contacting us at hello@fyx.pumpkindigitalmarketing.co.uk. Please ensure you provide us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
15. Communication and Contact Details
15.1 If you wish to contact Us for any reason you may do so by email to hello@fyx.pumpkindigitalmarketing.co.uk or by post at FYX Body & Health Ltd, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
17. How We Use Your Personal Information (Data Protection)
17.1 We will only use your personal information as set out in Our Privacy Policy, available from www.fyxwater.com
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Account set-up
1. Account set-up needed
In order to purchase any Subscription You will first need to set-up an Account. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account set-up.
You may not create an Account if You are under 18 years of age.
During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.
2. Your responsibility for Your Account and its security
You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.
You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.
You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.
When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.
If You wish to close and delete Your Account, You may do so via the Contact Us section of Our Site
