Terms and Conditions
TERMS AND CONDITIONS
EACH TIME YOU USE THIS WEBSITE AND EACH TIME YOU PLACE AN ORDER FOR ANY OF OUR PRODUCTS OR SERVICES YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. PLEASE READ THE FOLLOWING CAREFULLY. BY PROCEEDING WITH YOUR USE OF THE WEBSITE AND BY ORDERING PRODUCTS FROM THE WEBSITE, YOU CONFIRM YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
1. Welcome to our Terms and Conditions.
We may change, update or amend these terms and conditions from time to time. Any changes will take effect once they are posted on the website and your continued access or use of the website will imply your acceptance of the terms and conditions that apply at such time.
If you have any questions on these terms and conditions please contact us using the contact details set out in section 2 below.
2. Information about us.
Our full name is Jane Plan Limited. We are a company registered in England and our registered office address is South Park Studios, 88 Peterborough Road, London, SW6 3HH. Our company registration number is 07441849.
Our e-mail address is email@example.com and our Customer Services telephone number is 020 3489 4770.
3. Information about our products
(a) We offer a number of products and services, including the Jane Plan diet plans (the “Diet Plans”). The Diet Plans we currently offer include the following Diet Plans:
(1) the one month diet plan, where you will receive 28 days’ worth of breakfasts, lunches, dinners and snacks (or if you choose to exclude weekends from your plan, you will receive only 20 days’ worth of food) (the “1 Month Plan”);
(2) the three month diet plan, where you will receive 28 days’ worth of breakfasts, lunches, dinners and snacks x 3 times (or if you choose to exclude weekends from your plan, you will receive only 20 days’ worth of food x 3 times) (the “3 Month Plan”); and
(3) the four month diet plan, where you will receive 28 days’ worth of breakfasts, lunches, dinners and snacks x 4 times (or if you choose to exclude weekends from your plan, you will receive only 20 days’ worth of food x 4 times) (the “4 Month Plan” and together with the 3 Month Plan, are referred to as the “Pay Monthly Plans”).
(4) Our Pay Monthly Plans offer better value based on the higher the commitment you can make. Please note however that by agreeing to a Pay Monthly Plan, you are making a commitment to pay for a minimum period and, subject to your statutory rights, you will not be able to terminate a Pay Monthly Plan early within this minimum period.
(b) From time to time we may sell other products and services on this website, for example, The Jane Plan Diet Book.
4. The Diet Plans
(a) WE STRONGLY RECOMMEND THAT YOU SEEK MEDICAL ADVICE BEFORE STARTING ANY WEIGHT LOSS, DIET OR NUTRITIONAL PROGRAMME. THE INFORMATION PROVIDED BY US IS NOT MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL TREATMENT. YOU SHOULD NOT USE THE DIET PLANS WITHOUT FIRST OBTAINING YOUR OWN MEDICAL ADVICE IF YOU ARE UNDERWEIGHT, PREGNANT, BREASTFEEDING, UNDER 18 OR HAVE ANY MEDICAL CONDITION WHICH AFFECTS YOUR DIETARY REQUIREMENTS.
(b) For each Diet Plan you can either let us choose your meals and snacks, in consultation with you, or alternatively, you can choose your own meals and snacks from our menu. For further details of what is included in each Diet Plan and the menu options have a look on the Diet Plans page on the website.
(c) All food supplied as part of a Diet Plan can be stored in your store cupboard and 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. It is essential to check the contents of your box as soon as it is delivered. Occasionally the food packaging is damaged during transportation. If your packages are damaged or ‘blown’, do not eat the food inside. Contact us immediately and we will endeavour to send a replacement if appropriate. We are unable to send replacements if damaged product is NOT reported to us within 48 hours of receipt of delivery.
(d) Although we offer a 1 Month Plan, a 3 Month Plan and a 4 Month Plan, from time to time we may also offer special promotional diet plans or memberships with differing conditions and limitations. Any materially different terms from those described in these terms and conditions will be disclosed to you at your sign-up or in other communications from us to you. You can find specific details regarding your account and products or Diet Plans you have purchased by visiting our website and clicking on the "Your Account" link. We reserve the right to modify, terminate or otherwise amend our offered Diet Plans at any time.
(e) All our Pay Monthly Plans will automatically renew after the end of their minimum periods, in each case for successive 1 month rolling periods unless and until you terminate your contract with us before the next renewal date in accordance with section 9 below. All Pay Monthly Plans including the 1 Month Plan that is sold specifically as a repeat delivery plan shall automatically renew in accordance with section 9 below.
5. Order process
(a) For the steps you need to follow to place an order via this website for one of our Diet Plans, please see our Diet Plans page. Alternatively, to order one of the Diet Plans via telephone please call our Customer Service telephone number on 020 3489 4770. If you want to buy any other products or services available on this website, for example, The Jane Plan Diet Book, please follow the order process on the relevant part of this website.
(b) Our order process on this website allows you to check and amend any errors before submitting your order to us. Please take time to read and check your order at each page of the order process.
(c) After you place an order, whether via telephone or via this website, this will constitute an offer by you to form a contract and is not binding until we accept that offer. Our acceptance of your order will take place as described below.
(d) In relation to any Diet Plans where you choose your own meals or in relation to any orders for one off services or products, like The Jane Plan Diet Book, once we have reviewed your order (whether you place the order via this website or over the phone) and we have checked stock availability, we will email you to confirm if your order has been accepted (“Acceptance”). In relation to Diet Plans where you have asked us to create a tailored meal plan in consultation with you, once we have carried out your consultation and checked stock availability, we will confirm our acceptance of your order by sending you the Acceptance e-mail that confirms that the order for the Diet Plan has been accepted. The contract between us will only be formed when we send you the Acceptance or, if earlier, when we despatch the product to you. We may cancel any order or contract without liability if there has been any price error or other error on the website.
(e) 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 Diet Plan.
6. Price and Payment
Prices for our Diet Plans and any other products or services are quoted on our website and all prices are inclusive of VAT where applicable. Whilst every care has been taken to ensure the accuracy of the pricing information on the website, occasionally details are out of date. We will endeavour to verify prices as part of our sales order process. In addition to the price of the Diet Plan or the price of other products or services purchased from us, you will have to pay a delivery charge which will be as stated when you order your Diet Plan or other product or service.
(b) Taking payment
(i) In respect of the each Pay Monthly Plan, we will take payment of the first monthly payment and the applicable delivery costs for the first month of the plan at the time the order is placed. We will take the subsequent monthly payments and applicable delivery costs for the remaining months of the plan at approximately 28 day intervals after the first payment date.
(ii) In respect of all other products and services the price and applicable delivery costs will be taken from your payment method at the time you place your order.
(i) By starting a Pay Monthly Plan and providing or designating a payment method, you authorise us to charge you a monthly fee for each of the months in that plan (and any automatic or other renewal of that plan) at the then current rate, and any other charges (including delivery charges) you may incur in connection with the provision of the plan to your payment method (which is set out in the "Your Account" section on the website). You acknowledge that the amount billed each month may vary from month to month to take into account different delivery charges, and you authorise us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges.
(ii) We reserve the right to adjust the pricing for our Diet Plans or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your Diet Plans will take effect no earlier than 30 days following email notice to you and will not take effect for any Diet Plan that is currently being provided, although it may affect the next automatic renewal of such Diet Plan. Please note that in relation to any orders, the terms and conditions in place at the time the order was placed will continue to apply, subject to any changes in price for renewals of the plan.
(iii) The monthly fee for your Pay Monthly Plan will be billed at approximately 28 day intervals and you will be obliged to make payment for each month of the relevant Pay Monthly Plan (and any renewal thereof). We reserve the right to change the timing of our billing, including if your payment method has not successfully settled. Visit our website and click on the "View billing details" link on the "Your Account" page to see your next billing date.
(iv) You may edit your payment method information by visiting your chosen payment provider (WORLDPAY OR PAYPAL). You undertake that the payment method will be kept up to date and will be valid at all times. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise you remain responsible for any uncollected amounts which you must immediately settle. Without prejudice to any other rights we may have, you authorise us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. We are not responsible for any fees charged by the issuer of your payment method.
(v) The methods of payment that are acceptable are detailed on the website. We reserve the right to cancel your Diet Plan and/or withhold delivery of products if payment is not received from you prior to the delivery of the applicable products or services.
(vi) We reserve the right to claim interest at the rate of [3% per annum above the base rate of HSBC from time to time] on all outstanding sums due to us under this agreement from the date that payment fell due, until payment is made in full and charge you for any other cost and expense we incur in pursuing payment from you.
7. Delivery policy
(a) We will try and deliver your meals for each Pay Monthly Plan and any other products ordered via this website as soon as reasonably practical and in any event within 30 days of acceptance of your order.
(b) For each Pay Monthly Plan the meal boxes for the first month will be delivered in accordance with section 7(a) above. Subject to receipt of each monthly fee, we will deliver the meal boxes for each subsequent month of the Pay Monthly Plan at 28 day intervals thereafter. Delivery dates for subsequent months of the Pay Monthly Plans can be delayed by you for up to 21 days by prior agreement with us, provided that you give us at least 5 working days’ prior notice in writing or via the “Your Account” section on the website.
(c) Orders received by 12:30 pm on Monday to Friday are usually shipped or dispatched for delivery within 3 working days. Most of our orders are delivered by DPD couriers, although occasionally we will hand deliver to your door. Usually DPD requires a signature for all deliveries. However, if you have entered alternative delivery instructions (for example “leave with a neighbour” or “deliver at a later date”) then this is entirely at your own risk and we will not be responsible if your Diet Plan or other product delivery goes missing or is damaged. It is agreed that anyone at the delivery address may accept delivery.
(d) DPD will attempt to deliver twice. If you miss both deliveries then you must either pay an additional charge for a third delivery or go to your local DPD depot to collect the delivery. If you fail to collect after 3 days, the goods will be returned to us and inspected, and you will have to pay an additional cost to cover repacking if necessary and re-delivery.
(e) If a delivery outside of your minimum duration is intercepted or refused and returned to us, you will have to pay additional charges to cover admin, packing and dispatch of the delivery.
(f) Deliveries are made between 8am and 6pm Monday to Sunday. Please note that deliveries on weekends and public holidays will incur a surcharge which will be stated when you place your order, although different delivery charges may apply for deliveries in subsequent months on the Pay Monthly Plans. We deliver to all over the UK, although occasionally there is a surcharge to parts of Scotland, Northern Ireland, the Isle of Man and the Channel Islands which will be communicated to you during the online payment process.
(g) We will be glad to arrange for delivery to an address different to the invoice address (e.g. if you want us to deliver to your work 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.
(h) We will be glad to change your delivery address during your time on the Plan at least 5 working days before the delivery is due. If an urgent change of address is requested after this point you will have to pay an admin charge of £5.
8. Your rights to cancel under the UK’s Consumer Contract Regulations
(a) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Consumer Contract Regulations 2013”), you have the right to cancel your contract within a short time after the products are delivered to you under certain circumstances, as further explained in this section.
(b) If you purchase a Pay Monthly Plan you may cancel your contract within 14 days after the day you receive the first delivery of meals in the first month. If you purchase any other product from us, you may cancel your contract with us at any time up to 14 days after the day you receive the product.
(c) To exercise your rights to cancel the contract you must within the above time period, send us written notice of cancellation to the address set out in section 2 above or send us a completed Notice of Cancellation via post or email or go to the "Your Account" page on our website and follow the instructions for cancellation.
(d) If you cancel the contract in accordance with this section 8, we will refund you the amount you paid for the products or the Diet Plan that you selected and the standard delivery charge. Notwithstanding the foregoing, we may deduct from your refund amount: (i) any delivery charges above and beyond our least expensive and generally acceptable kind of delivery; and (ii) the amount by which the value of the goods is diminished as a result of any handling of the goods by you which is beyond what was necessary to establish the nature, characteristics and functioning of the goods. You will be responsible for paying the cost of returning the products or Diet Plan meal boxes to us to the same address set out on our returns form. Please note, you may only consume one complete day’s worth of food – that’s one breakfast, one lunch, one snack and one dinner - to be eligible to return your box for refund.
(e) If you cancel your contract in accordance with this section and you are entitled to a refund, we will issue your refund to you using the same method originally used by you to pay for your purchase unless we at our discretion have agreed to refund you using any other method. We will process the refund due to you within 14 days of the day we received the goods from you, less any deductions we are entitled to make.
(f) If you would like to downgrade your product selection (e.g. if you are on a 4 or 3 Month Plan and you want to switch to a 1 Month Plan), then we may charge you an adjusting payment to reflect the cost of the plan you are switching to at its standard (non-promotional) rates.
9. Automatic renewals and terminating Pay Monthly Plans
(a) All Pay Monthly Plans including the 1 Month Plan that is sold specifically as a repeat delivery plan will, unless terminated in accordance with this section 9, automatically renew at the end of minimum period of that plan for successive rolling 1 month periods, unless and until terminated by you in accordance with this section 9.
(b) Please note that boxes will continue to be dispatched automatically and we will bill the monthly fee to your payment method on an on-going basis, until you contact us to terminate your Pay Monthly Plan in accordance with this section 9.
(c) It is not possible for you to terminate a Pay Monthly Plan before expiry of its initial minimum period. If you want to terminate your Pay Monthly Plan after expiry of the initial minimum period, you must follow the procedure below:
(1) You may cancel the next renewal of your Pay Monthly Plan at any time upon giving us at least 5 working days before the renewal date for your plan. Upon giving us such notice, your plan will terminate upon expiry of the final month of your plan and your plan will not be automatically renewed.
(2) For example, if you have a 3 Month Plan and you want it to terminate at the end of the initial minimum period of 3 months, you must give us your written notice to terminate at least 5 working days before the end of the third month. If you give us such notice, the plan will terminate at the end of the third month. If you do not give such notice, then the plan will be automatically renewed for another month and will continue to be so renewed until you give us 5 working days notice before the end of the month and the start of your next monthly renewal period. Once payment has been taken for a renewal period, it is not possible for you to cancel until the next month.
(3) Your next renewal date can be found in the “Your Account” section on our website. Where you have served valid notice to terminate, we will continue to provide your Diet Plan until the last month in your current Pay Monthly Plan and you will continue to be charged your monthly fee until the end of the then current Pay Monthly Plan.
(4) Your notice of cancellation can be sent to us at the address set out in section 2 above, or, send us a completed Notice of Cancellation via post or email or via our website or go to the "Your Account" page on our website and follow the instructions for cancellation. If you are using the postal system, we recommend that you ask for proof of posting.
10. Risk and ownership
You will be responsible for any risk or damage to the products, meals or other goods supplied to you once they have been delivered to you or delivered pursuant to the alternative delivery instructions you have provided to us. Ownership of the products, meals or other goods supplied by us will only pass to you upon receipt by us of full payment of all sums due in respect of the products, meals or other goods (including delivery charges).
11. Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective products we sell to you).
12. Exchanges and discretionary rights
(a) Exchanges – We are happy to exchange any meals within a Diet Plan, provided you let us know via email to firstname.lastname@example.org or call us on 0203 489 4770 within 14 days of receipt of the Diet Plan meal box. We will email you a ‘Swap Form’ asking you to provide us with the items you are returning and what you would like in their place. Send the form back to us via email, and print one to include in the box you return to us. Then simply package up the meals (making sure they’re well wrapped and protected), and send to address detailed on form. You need to return the meals you want to exchange to us sealed, unopened and in perfect condition. A letter should accompany the return, detailing the items being returned and replacements you require. The replacement items will be sent out at your expense and delivery will automatically be charged to your payment method. Alternatively, you can request that we include the replacement in your next delivery (if you have a next delivery scheduled and if you indicate that you would like us to do that on your Swap Form).
(b) Cancellations at our discretion - If you order a Pay Monthly Plan the monthly price you pay for each month of the Pay Monthly Plan is less than the one-off price you would pay for a standard 1 Month Plan, and is discounted according to the duration of your purchased Diet Plan. The longer the Pay Monthly Plan you subscribe for, the bigger the discount. If you order a Pay Monthly Plan, subject to your cancellation rights (see section 8), you will be committed to making the monthly payment for each month of the applicable Pay Monthly Plan and each subsequent month of any renewal of that plan.
If there is an exceptional reason why you want to cancel or downgrade your Pay Monthly Plan after the applicable cancellation period set out in section 8(a), please contact us (see section 2 above). We may, acting in our sole discretion and as a gesture of goodwill, allow such cancellation or downgrade. However, if we do allow such cancellation or downgrade, we will be entitled to charge you the at the standard rate of our 1 Month Plan fee pro-rated for each month of the Pay Monthly Plan that you have used plus any additional deductions we are permitted to make in accordance with section 8(d). Please note, any promotional monthly rates charged as part of your Pay Monthly Plan would no longer apply.
14. Using our website
(a) You must be over 18 to use our website and purchase products, including the Diet Plans, via our website.
(b) Our website and service, and any content viewed through our service, are for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable, license to access the website and view the content on the website for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
(c) You agree to use our website, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these terms and conditions) content and information contained on or obtained from or through our website without express written permission from us.
(d) You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Diet Plan service, including any software viruses or any other computer code, files or programs.
(e) Our website, including all content provided on the website and provided to you, is protected by copyright, trade secret or other intellectual property laws and treaties and is owned by us.
(f) We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to our website, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
(g) We may terminate or restrict your use of our website, without compensation or notice if you are, or if we reasonably believe that you are: (i) in violation of any of these terms and conditions; or (ii) engaged in illegal or improper use of the service.
15. Limitations and exclusions of liability
(a) Nothing in the terms 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; or (c) limit or exclude any liability of a party in any way that is not permitted under applicable law.
(b) 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.
(c) 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.
16. Other important terms
(b) This contract is between you and us, although we can assign our rights and sub-license and subcontract our obligations.
(c) Each section of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
(d) 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.
(e) A person who is not a party to this contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
(f) Please note that these terms are governed by English law. This means a Contract for the purchase of products, Diet Plans or other goods through our website 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.
17. Communications between us
(a) When we refer to “in writing” in these terms, this will include e-mail.
(b) If you wish to contact us in writing for any other reason, including to make a complaint, you can send this to us by e-mail at email@example.com or by pre-paid post to Jane Plan Limited at South Park Studios, 88 Peterborough Road, London, SW6 3HH. You can always contact us using our Customer Services telephone line set out in section 2.
DATE UPDATED: 14/12/2015