1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” means someone who buys Goods from the Seller and who does so otherwise than in the course of a business;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the goods and/or services that the Buyer agrees to buy from the Seller;
1.5 “Seller” means primalwill.com, a company incorporated under the Companies Acts.
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document;
1.7 “Website” means this website (or any replacement website substituted therefor by the Seller);
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all Contracts for the sale of Goods by the Seller to the Buyer through the Website and shall prevail over any other documentation or communication from the Buyer. For the avoidance of doubt, the Seller reserves the right to amend the Terms and Conditions at any time without notice, and the terms and conditions applicable to each such Contract between the Buyer and the Seller shall be those prevailing at the time of an order being placed by the Buyer.
2.3 Submission by the Buyer of an order for Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 No variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be permitted.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. It should be noted that a simple acknowledgement of order may also be issued which shall not be deemed to be acceptance of an order unless stated otherwise.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website and via emails received.
3.4 Certain security checks may also require to be carried out by the Seller, in which event any sale to a Buyer is subject to the Seller receiving satisfactory results (at its sole discretion) from such checks.
4 Price and Payment
4.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT. The Price includes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods. Payment is to be made by any of the credit or debit cards or paypal accepted by the Seller, details of which are noted on the Website. All orders are subject to authorisation of payment by the relevant card issuer prior to despatch of the Goods (or, as the case may be, delivery of any Goods which consist of services).
5 Rights of Seller
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to accept an order.
6 Age of Consent
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers or is of the opinion (as to which the Seller shall have sole discretion) that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 The Seller cannot describe every detail of the Goods in the Website and each description is therefore abbreviated and is correct at the time of its input. The Seller reserves the right to alter the specification/description of Goods on the Website without notice.
7.2 Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded. Any recommendation or suggestion relating to any of the Goods and made by the Seller is given in good faith. But it is for the Buyer to satisfy himself as to the suitability of the Goods for the Buyer’s purposes.
7.3 The Goods may consist of goods and/or services to be delivered online or via post. In such circumstances, the Seller shall have no liability for any temporary unavailability of such Goods due to any failure of the Website, any telecommunications system and/or the world wide web in general, including any downtime of the Website due to planned or emergency maintenance.
8.1 Goods supplied within the UK will normally be delivered within 30 days of receipt of order.
8.2 Goods supplied outside the UK will normally be delivered within 30 days of receipt of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. Notwithstanding the foregoing, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 Cancellation and Returns
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.5 If you are a Consumer, in addition to the above rights, you have important statutory rights under the Consumer Protection (Distance Selling) Regulations 2000. These are set out in Paragraph 15 (YOUR STATUTORY RIGHTS) of these Terms and Conditions.
9.6 In the case of the 100% guarantee this will only be enforced once sufficient evidence has been produced to the seller that all advice and information has been used as directed and the results still not seen. This proof must be in the form of a diet, exercise and sleep diary for 7 days, photograph evidence of the foods being consumed as well as sufficient analysis via email with an advisor of the information being used and the steps being taken. A minimum of 3 email responses unless advised otherwise by the seller or advisor.
10 Complaints and Disputes Procedure
We understand that the relationship between Coach and Client is a very important one. In the unlikely event of a complaint or dispute, the following procedure should be followed:
10.1 We expect the Coach and Client to discuss any issues and rectify them together via usual means of contact. If either party feels unable to do this, they can contact william.kd.girling
10.2 In all circumstances we will work towards repairing your relationship with your Coach. In the rare circumstance where it is clear no resolution is available, we will consider termination of your contract with your Coach. If we feel it is prudent for you to move to another Coach, we will allow this but please bear in mind this could incur extra fees for a new Coach to start with you.
10.3 As a rule, refunds will not be given. However, if you feel that you have used all advice and information as directed, but no results have been seen and if you satisfy the criteria in points 9.6 of the agreed Terms and Conditions, a refund will be considered.
10.4 Whilst we understand that this can be a stressful process for both Coach and Client, we will not tolerate any threats or abusive behaviour of any kind. Should this happen, your contract will be terminated immediately and we will cease all communication with you.
11 Limitation of Liability
11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever suffered by the Buyer.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
11.3 The seller cannot be held accountable for illness or death by any of products or techniques advised as all the methods and advice given is from a trusted source that has been proven to not be conductive to ill health.
11.4 No product or service offered by the seller has any evidence against it to cause any ill health or death and consideration must be taken into products or services being taken in moderation and nothing should be taken in an extreme or addictive manner.
No waiver or delay by the Seller (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.
13 Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. The Seller shall endeavour to notify the Buyer as soon as possible should any such events or circumstances occur.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15 Changes to Terms and Conditions
The Seller shall be entitled to change these Terms and Conditions at any time.
16 Your Statutory Rights
At bodytypenutrition.co.uk we want the Buyer to be delighted every time they shop with us. Occasionally though, we know that Buyers may want to return items. That’s why under the Seller’s “no quibbles” guarantee if, for any reason a Buyer is unhappy with their purchase, and other than in the case where the Goods consist of services, the performance of which has already begun with the Buyer’s agreement, they can return it to us in its original condition within 14 days of the date they received the item. In such circumstances the cost of returning the goods will be the responsibility of the Buyer on the account that appropriate evidence has been shown to warrant a return.
By law, the Buyer also has certain statutory rights to withdraw from a purchase of Goods.
Any Buyer who is not purchasing Goods in the course of a business shall have the right to cancel an order, in terms of The Consumer Protection (Distance Selling) Regulations 2000, within 7 working days of the day after the date of receipt of Goods (or, in the case that the Goods consist of services to be provided to the Buyer, within 7 working days of the day after the conclusion of the contract with the Buyer), provided written notice of cancellation is received by the Seller at the address specified to the Buyer during the ordering process, within that period.
In the event that the Goods consist of services to be provided to the Buyer, such services may be provided prior to the end of said 7 working day period. In such an event, the foregoing right of cancellation shall expire at the time of commencement of the provision of such services to the Buyer. In the case of Goods which consist of services to be delivered by online means, your accessing of such services shall be deemed to be agreement to the commencement of the provision of such services, and therefore at that point your right of cancellation will expire.
In the event that the Buyer serves a valid notice of cancellation, the Buyer shall have the right to a full refund within 14 days of notification of cancellation. The Seller shall, within 14 days of notification of cancellation, arrange for the Goods to be collected from the delivery address (or such other address as may be agreed between the parties). In such circumstances the cost of returning the goods will be the responsibility of the Buyer.
On cancellation the Goods shall remain at the risk of the Buyer until restored to the Seller and the Buyer is required to take reasonable care of the Goods until that time. The Seller reserves the right to claim for any loss in value to the Goods, due to damage, while at the Buyer’s risk.