Terms of Business of Jane Plan Limited
1. Introduction
Welcome to our website. To avoid all misunderstandings, please read these terms of business carefully. These terms relate to meal plans supplied to you through our site and should be read in conjunction with the Privacy Policy which shall also apply.
If you place an order with Jane Plan you are agreeing to the conditions that appear below. Please read the following carefully.
2. Information about us
Our full name is Jane Plan Limited. We are registered in England and our registered office is 115 Scrubs Lane, London NW10 6QU. Our company registration number is 7441849.
Our email address is mydiet@janeplan.com . [Our VAT number is 115914523].
3. Order process
For the steps you need to take to place on order on our site, please see our ‘Buy Your Plan’ page http://www.janeplan.com/buy-your-plan . The minimum order is a five day plan.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
Once we have carried out your consultation, we will confirm our acceptance to you by sending you an e-mail that confirms that the meal plan has been accepted (“Confirmation”). The Contract between us will only be formed when we send you the Confirmation.
Occasionally, we may be out of stock of a particular meal and in this case we reserve the right to substitute an alternative meal within your plan.
4. The meal plans
The meal plans and menu options are set out on our website at: www.janeplan.com/your-food-menus
We strongly recommend that you should seek medical advice before starting any weight loss or nutritional programme. The information provided by Jane Plan Limited is not medical advice or a substitute for medical treatment. You should not use the meal plans if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary requirements.
All our food can be stored in your store cupboard – it does not need to be refrigerated. Cooking and re-heating instructions must be followed closely. Make sure that re-heated food is piping hot throughout. Occasionally the food packaging is damaged during transportation. If your packages are damaged or ‘blown”, do not eat the food inside. Call us immediately and we will endeavour to send a replacement.
5. Price and payment
Prices for our meal plans are quoted on our website. The website contains a large number of meal plans and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when we confirm your order. In addition to the price of the hampers, you may have to pay a delivery charge, which will be as stated when you order your Jane Plan.
Payment must be made upon submission of your order and, if applicable, at the monthly intervals stated on your Confirmation. We may withhold the hampers and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all hampers must be made by any method detailed on the website from time to time. Prices for hampers are liable to change at any time, but changes will not affect orders that have already been placed
6. Delivery policy
All orders are shipped by Parcel Force couriers on a next day service. Occasionally we will hand deliver to your door and you are of course welcome to collect your Jane Plan from our offices in West London. Orders received by 12.30 pm are usually shipped for delivery within three working days.
Usually Parcel Force requires a signature for all deliveries. However, if you have entered alternative delivery instructions (for example “leave with a neighbour” or “leave in shed”) then this is entirely at your own risk and you will be responsible if your Jane Plan goes missing. It is agreed that anyone at the delivery address is entitled to accept delivery.
Parcel Force will attempt to deliver twice. If you miss both deliveries then you must either pay a charge for a third delivery or go to your local Parcel Force depot to collect. If you fail to collect after three days, the goods will be returned to us and we will refund you, minus the delivery charge.
Deliveries are made between 8am and 5.30pm Monday to Friday. We can deliver on Saturday; however there is a surcharge for this service. We deliver to all over the UK, although occasionally there is a surcharge to parts of Scotland, Northern Ireland, Isle of Man and Channel Islands.
We will be glad to arrange for delivery to an address different to the invoice address. Please indicate clearly the delivery address when placing your order. If it is a delivery to an office, please specify the name of your company.
You may reschedule delivery of any of your ‘Pay Monthly’ hampers by up to 21 days (by calling us) provided you give us 2 working days prior notice.
7. Risk and ownership
The hampers will be at your risk from the time of delivery. Ownership of the hampers will only pass to you upon receipt by us of full payment of all sums due in respect of the hampers (including delivery charges).
8. Changing your mind and cancellations
Changing your mind: Under the Distance Selling Regulations, you may cancel your contract with us at any time within 7 working days after the day you receive your first Jane Plan hamper.
In order to cancel a contract in this way, you must give to us written notice of cancellation.
If you cancel a contract on this basis, you must promptly return the Jane Plan hamper to us, in the same condition in which you received it provided that you may eat up to one day’s worth of food. You will be refunded the cost of the Jane Plan that you selected including the initial delivery charge minus the cost of the day’s food you have eaten, if applicable. You will be responsible for paying the cost of returning the Jane Plan hamper to us.
If you do not return the Jane Plan hamper to us, we may recover it and charge you for the costs we incur in doing so. Similarly, if you return the Jane Plan hamper at our expense, we may pass that expense on to you.
Pay Monthly Contracts: Our ‘Pay Monthly’ plans are for the repeat delivery of our meal hampers on a monthly basis. You may cancel your Pay Monthly plan during the first month only by giving us not less than 14 working days’ prior notice in writing. Should you cancel your Pay Monthly plan you will be charged the difference in cost for one month of a ‘Pay Monthly’ hamper from the plan you have selected and the cost for one month of a ‘One Month Pay As You Go’ plan. Where special offers are contingent upon purchase of a Pay Monthly product, which is subsequently cancelled prior to completion of minimum contract term, we reserve the right to demand full payment for the stated product and/or offer.
9. Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
10. Refunds and exchanges
Refunds: If you cancel your contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
Exchanges: We are happy to exchange any meals within a hamper provided you let us know within 10 days of receipt of the hamper. You need to return the meals you want to exchange to us. A letter should accompany the return detailing the items being returned and replacements required. The replacement items will be sent out at your expense.
11. Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit or exclude any liability of a party in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12. Other important terms
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these terms are governed by English law. This means a Contract for the purchase of hampers through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland
13. Communications between us
When we refer to “in writing” in these terms, this will include e-mail.
To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to mydiet@janeplan.com . You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Jane Plan Limited at 115 Scrubs Lane, London NW10 6QU /or mydiet@janeplan.com You can always contact us using our Customer Services telephone line.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Last updated on 11th June 2013