This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ('the Products') listed on our website us.exantediet.com ('our site') to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website https://us.exantediet.com ('the Website') and your relationship with:
(i) The Hut.com Limited (trading as https://us.exantediet.com) whose registered office is at Meridian House, Gadbrook Park, Gadbrook Way, Rudheath, Northwich, Cheshire, UK, CW9 7RA; or
(ii) (a) if your purchase is made in United States dollars (USD) or Canadian dollars (CAD) and payment is made using a debit/credit card, with THGPP LLC (trading as https://us.exantediet.com) whose registered office is at 1209 Orange Street, Wilmington, County of New Castle, Delaware, 19801, USA; or (b) if your purchase is made in United States dollars (USD) or Canadian dollars (CAD) and payment is made using American Express, with Mama Mio US Inc. (trading as https://us.exantediet.com) whose registered office is at 2711 Centerville Road, Suite 400, Wilmington, County of New Castle, Delaware, 19808, USA;
('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
(c) you have read about our medical advise during the registration process and are aware of the program suitable for you;
(d) you are buying the product(s) for yourself;
(e) you acknowledge that we recommend seeking medical advice before starting any weight loss program;
(f) you are aware that you should not use the Product(s) if you are over the age of 70, underweight, pregnant, breastfeeding, or have any medical condition which affects your dietary requirements including behavior disorders or eating disorders (including bulimia and anorexia), or have active cancer or have had any treatment for cancer in the last 3 months.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms the Product(s) that you have ordered ('the Confirmation Email'). The contract between us ('the Contract') will only be formed when we send you the Confirmation Email.
3.2 The Contract will relate only to those Products we have confirmed in the Confirmation Email. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Confirmation Email.
3.3 We will send to you a further email when the Products have been dispatched to you along with details to enable you to track your order ('the Dispatch Email').
4. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Confirmation Email or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation Email, unless there are exceptional circumstances.
Shipping speeds will differ by State but we aim to get your products delivered direct to your door as soon as possible. Please check the shipping information page for full details. However, we are not responsible for any shipping problems / delays / weather conditions that the courier may encounter which could result in a delay in delivery. Therefore we are not always able to guarantee product delivery on the exact expected day, but we will deliver your parcel to you within a reasonable period of time.
You must ensure that you provide a valid delivery address at the time of placing an order. Once the parcel has been dispatched, and marked as 'complete' in our system, we are unable to change the delivery address on that consignment. It may be possible that the courier company will leave your parcel with a neighbor.
5. RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges.
6. PRICE AND PAYMENT
6.1 The price of the Products and our shipping charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Product prices will be altered at the checkout where Sales Tax will be added at the relevant rate where applicable.
6.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when confirming the order of the Products to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error.
6.6 Payment for all Products must be via PayPal or by credit or debit card. We will not dispatch your order until payment has been received in full.
7. OUR REFUNDS POLICY
7.1 Please see ourReturns Policyfor more information.
We warrant to you that any Products purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
9. OUR LIABILITY
9.1 Subject to clause 10.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
9.2 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Hut.com Limited (trading as Exante Diet) at email@example.com
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assignee's.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ('the Force Majeure Event').
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
17. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
18.1 We reserve the right to end a promotion at any time due to unforeseen circumstances.
18.2 Only one promotional coupon code can be used per transaction.
18.3 All items marked down in clearance will be excluded from all offers.
19. EXANTE DIET PRICE PROMISE
1. Must be the same quality of ingredients.
2. Must be in the UK.
3. We must be able to verify the offer.
4. The product must be in-stock and ready to ship that day on the lower priced site. Back-orders will not be matched and we do not match prices on items that are out of stock.
5. The product must be a new product, not a clearance item and not reduced due to being damaged or out of date.
6. Other coupons and promotional codes may not be used with price matches.
7. Details of the price match must be submitted at the time of the order being placed with us, by contacting our Customer Service team through your account. The price match will then be assessed accordingly by our Customer Service team. We will aim to complete this within 24 hours.
8. We reserve the right to exclude 'special offers'.
9. We can only price match single products and not a combination of products.
10. The company must have been trading for at least 6 months and able to take online payments, otherwise it will be left to our discretion.
11. Must be like-for-like (size, flavor and quality). Pro-rata price matches are strictly at our discretion.
12. We reserve the right to not price match if we feel the match is not a comparable and fair one.
13. We reserve the right to remove this service at any time without notice.
14. We are unable to price match Exante Diet products from third party suppliers.
15. Our decision is final.
16. If the criteria set out above is satisfied and we agree to price match the product, we will credit your account with the price difference. This credit must be used within 12 months of the amount being credited, otherwise we reserve the right to remove such credit from your account.
20. ALL COMPETITIONS
We reserve the right to amend these Terms without notice from time to time.
By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of any The Hut Group company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.
Competitions are only open to residents of the US & Canada, unless otherwise stated.
All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.
Entrants are liable for their costs to access computer networks. We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.
If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
Only one prize will be awarded per household.
There will be no cash or other alternative to the prize offered and prizes are not transferable.
The winner's name will be selected in a random draw, after the closing date, from all correct answers received.
The winner of a prize will be notified within 28 days after the winner has been ascertained.
Please allow 28 days for shipping of all prizes.
If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.
For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.
The names of the winners may be published on our Website and/or on our Facebook, Twitter or any other social media platform.
23 CLAIMING PRIZES
Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.
Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.
24. US SOCIAL COMPETITION TERMS
(i) Restrictions on types of promotion
The promotion rules and advice we have received are only valid when used for low-value, random draw/skill based competitions that require entrants to post content online. We cannot run promotions:
(i) that require the public to vote for a winner.
(ii) where the total value of prizes exceeds $500.
(iii) where the ‘skill’ element would require any payment or purchase of a product in order to enter
(ii) Promotion Announcement
For every promotion, we must make a ‘Promotion Announcement’ on social media at the beginning of the promotion. The Promotion Announcement must include the following details:
(i) the promotion dates (the date entry opens, entry closes and the date winners will be selected);
(ii) how to enter (e.g. by re-tweeting);
(iii) whether it is: (a) a skill-based competition; or (b) a chance-based competition;
(iv) the type and number of prizes available, including full details (e.g. size, model, flavor variant, etc.);
(v) the approximate retail value of each prize;
(vi) if entry requires posting/submitting any photos, text, statements etc., that entrants must clearly state these posts are a #ContestEntry (for skill-based contests) or #SweepstakesEntry (for skill-based contests); and
(vii) a link to the full US competition terms.
in addition, if the competition is a skill-based competition:
(viii) criteria for how winners will be selected, which must also include a skill-based tie breaker challenge.
(iii) Abbreviated rules
Any advertising/promotional materials promoting the contests must contain an “abbreviated” form of the promotion terms, which must appear as follows:
NO PURCHASE NECESSARY. Entrants who are at least 18 years old and US residents may enter the promotion between [INSERT DATES OF PROMOTION PERIOD] by [INSERT DETAILS FOR ENTRY]. Sponsor: Mama Mio US Inc., The Stables, Gadbrook Park, Gadbrook Way, Rudheath, Northwich, Cheshire, UK CW9 7RA; [LINK TO FULL OFFICIAL RULES]; VOID WHERE PROHIBITED.
(iv) Promotion terms
We must ensure our full promotion terms are available on our website throughout the promotion period.
Be aware that these terms state we will notify winners within 2 weeks of the end of the promotion period. If we intend on working to a different timescale, we must clearly set this out in our Promotion Announcement.