Mad Diet Ts & Cs
Contracting Party (for subscription customers only – see terms of use below for individual purchases)
Your subscription contract will be fulfilled by Firinn Health Limited, a company registered in Scotland registered number 572393 whose registered office is at Firinn Health Limited, Suite 2/3, 48 West George Street, Glasgow, G2 1BP
When the subscription contract is formed (for subscription customers only – does not apply to individual purchases)
When you click “Submit Order” to submit your order online, you are making an offer to take out a subscription which if accepted by us, will result in a binding contract. You must be over 18 to submit an order to purchase a product or subscription.
If placing your order online when you click “Submit Order” you will either see a page or receive an email if you have supplied your email address acknowledging that your order has been received successfully and is being processed, the contract between us is not formed at this point. A legally binding contract is formed on the date we send you confirmation of your order with your subscription account number and payment has been taken.
You will receive this confirmation within 72 hours if you supplied an email address. We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.
Delivery
We will deliver the products to the address you notify to us when you place your order. Please allow up to 7 days for delivery. You agree that we will not be responsible for failure to deliver the products if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.
Delay in delivery and non-delivery
We will not be liable to you for any delay in delivery or non-delivery of products in the following circumstances:
- where the issuer of your payment card refuses to authorise payment to us;
- where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
Cancellations and Refunds
- You may cancel your subscription contract at any time by logging into your account on our website or by notifying our Customer Care Team. See contact details below.
Your consumer right of cancellation
We stand by the quality of our products and we want you to be 100% satisfied with your purchase. Should you for any reason be unhappy with your purchase feel free to return the product for a full refund of the price of the product. All we ask is that you follow a few reasonable guidelines:
- Products must be returned within 30 days of the date of despatch confirmation unless the Product shows clear signs of damage. If there is clear damage to the product please send a Photo to [email protected] within 30 days of despatch confirmation and we shall organise a replacement to be sent to your address.
- Please include a copy of your receipt (or a note with your order #, name, email address, phone number) and your reason for returning the product(s).
- Original and Return shipping costs and handling costs are non-refundable (if applicable).
- All returns should be mailed to:
Firinn Health Limited, Suite 2/3, 48 West George Street, Glasgow, G2 1BP
If you have any questions please call us at 0141 255 1424 or email [email protected]
Note that where you have purchased our Product from a Third Party retailer, you should contact them should you wish to return said Product.
Our returns policy is in addition to your consumer legal rights. If you are a consumer, you have a 14 day legal right to cancel a Contract from the day you take receipt of the products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product or wish to unsubscribe from a Subscription Plan, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
To cancel a Contract, you just need to let us know that you have decided to cancel, provided you return the Products to us if they are delivered to you before or after you cancel the Contract. The easiest way to do this is to email [email protected] and we will e-mail you to confirm we have received your cancellation notice.
You can also post your cancellation to Firinn Health Limited, Suite 2/3, 48 West George Street, Glasgow, G2 1BP.
If you are e-mailing us or writing to us please include details of your order to help us to identify it (your name, order number and date). If you send us your cancellation notice by e-mail or by post, then, provided you return the Products to us if they are delivered to you before or after you cancel the Contract, your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel your Contract we will:
refund you the price you paid for any Products or Subscription Plan; and
make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
If you have returned the Products to us because they are faulty we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us at the address specified .
We refund you on the credit card or debit card used by you to pay. In exceptional circumstances, we may agree to a refund beyond the usual cancellation period. Where more than 90 days have passed since the purchase for which a refund has been agreed, these refunds will be paid via BACS transfer, and as such, we will require valid bank details in order to complete the transaction. Any refund beyond the normal cancellation period will be entirely at our discretion.
If Product(s) were delivered to you before or after you cancel your Contract:
you must return the Products to us as soon as reasonably practicable to Firinn Health Limited, Suite 2/3, 48 West George Street, Glasgow, G2 1BP and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
unless the Products are faulty you will be responsible for the cost of returning the Products to us;
you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy or these Terms.
You may cancel your Contract for a Big 4 Subscription Plan at any time. Between 9 am – 5pm; Monday – Friday, you should do this by calling us on 0141 255 1424. At any other time, you should email us at [email protected]. If you cancel your Contract for a Subscription Plan, you shall not be entitled to a refund in respect of any Products forming part of a Subscription Plan that you have already paid for, including any such Products which are awaiting dispatch.
By subscribing to a Subscription Plan, you authorise us to use the card details you provide to us to take an initial payment for the subscription fee for the first 60 days of the Subscription Plan. Thereafter, unless you cancel the Contract we shall take recurring payments every 60 days for the relevant subscription fee, the first of such payments to be taken 56 days after the initial fee is taken to ensure continuous supply. If your card expires at any time, or we are otherwise unable to take payment from it, you must provide us with an alternative payment method. We reserve the right to suspend the subscription of any customer that has not paid all of their subscription fees.
We reserve the right, at our absolute discretion, not to renew your Contract for a Subscription Plan. If we choose not to renew your Contract, we shall be under no obligation to give you reasons for our refusal.
Subscription Plans
If you order a Subscription Plan, you will:
receive regular deliveries of Products every 60 days in accordance with the delivery plan contained in the Dispatch Confirmation; and
have access to an account on our site, via the username and password you created when registering to use our site, through which you can amend or edit your delivery and billing details, or cancel Subscription Plans.
Price Information
Prices displayed on the subscriptions section of the website will prevail at all times in relation to orders placed online. Prices quoted on screen for subscriptions include delivery charges and taxes (where applicable) and state the payment method. Postage and packing charges apply for non-subscription purchases. If you make ongoing Direct Debit payments or continuous credit card payments we reserve the right to increase our prices at any time after the first year of your subscription has elapsed and will notify you in writing with 10 days notice of any such price increase. Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.
Credit Card Payment
If you are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking “Submit” you are confirming that you have obtained the express prior permission of the credit/debit card holder.
Liability
Our liability to you in the event of products being lost in despatch shall at our discretion, be limited either to replacement of the missing issues or refund of the cost of the missing issues.
To the extent permitted by law we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
Disclaimer
The information provided on the Mad Diet website or during any nutritional consultation is not intended as a substitute for a main health care plan. Mad Diet nutritionists are not medical doctors and cannot assist with diagnosis or with helping patients to come off of medication. If your symptoms persist or worsen, if you are pregnant or breast feeding, or if you have any underlying conditions you should contact your main health care provider.
Third Party Rights
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.
Use of Personal Information
We use the personal and transactional information (e.g. name, address, email address, credit card details) (“Personal Information”) you supply to us in order to fulfil your subscription order.
Unauthorised access to personal information
Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use
Variation
These terms and conditions are subject to change.
Governing Law and Jurisdiction
These Terms and Conditions are governed by Scots Law. You hereby irrevocably submit to the exclusive jurisdiction of the Scottish courts notwithstanding the jurisdiction where you are based.
Entire Agreement
These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by you with us.
Queries
If you have any queries or comments about your subscription please contact our Customer Care Team:
0141 255 1424 Lines open Monday to Saturday 9am – 5pm GMT
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License to use website
Unless otherwise stated, Firinn Health Limited and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or 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 this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the express written consent of Firinn Health Limited.
Restricted access
If Firinn Health Limited provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Firinn Health Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Firinn Health Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Firinn Health Limited or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Firinn Health Limited reserves the right to edit or remove any material submitted to this website, or stored on Firinn Health Limited servers, or hosted or published upon this website.
Notwithstanding Firinn Health’s rights under these terms and conditions in relation to user content, Firinn Health Limited does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Firinn Health Limited makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Firinn Health Limited does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, medical or other matter you should consult an appropriate professional.
Limitations of liability
Firinn Health Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Firinn Health Limited has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Firinn Health’s liability in respect of any:
- death or personal injury caused by Firinn Health Limited negligence;
- fraud or fraudulent misrepresentation on the part of Firinn Health Limited; or
- matter which it would be illegal or unlawful for Firinn Health Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties
[You accept that, as a limited liability entity, Firinn Health Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Firinn Health’s officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Firinn Health’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Firinn Health Limited.
Indemnity
You hereby indemnify Firinn Health Limited and undertake to keep Firinn Health Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Firinn health Limited to a third party in settlement of a claim or dispute on the advice of Firinn Health’s legal advisers) incurred or suffered by Firinn Health Limited arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Firinn Health’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Firinn Health may take such action as Firinn Health Limited deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Firinn Health Limited may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Firinn Health Limited may transfer, sub-contract or otherwise deal with Firinn Health’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Unenforceable Provisions
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Firinn Health Limited in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Scots Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Scotland.