Terms & Conditions
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 www.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 click on the button marked 'I Accept' at the end of these terms and conditions if you accept them. 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 exantediet.com ('the Website') and your relationship with:
(i) The Hut.com Limited (trading as us.exantediet.com) whose registered office is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport M90 3DQ ; 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 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 exantediet.com) whose registered office is at 2711 Centerville Road, Suite 400, Wilmington, County of New Castle, Delaware, 19808, USA. 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 completed the medical check during the registration process and are aware of the program you are eligible for;
(d) you are buying the product(s) for yourself;
(e) you acknowledge that you should seek 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 behaviour 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 SHIPPING
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.
We aim to give you express shipping throughout the US (2-3 working days delivery) if you place your order before 4pm CST on a working day. However we are not responsible for any delivery problems / delays / weather conditions that the courier may encounter which result in a delay in delivery. Therefore we are not always able to guarantee express shipping, but we will delivery your parcel to you within a reasonable period of time.
You must ensure that you provide a valid shipping 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 shipping address on that consignment. It may be possible that the courier company will leave your parcel with a neighbour.
5. RISK AND TITLE
6.1 The Products will be at your risk from the time of shipping.
6.2 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 shipping 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 include VAT.
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 unmistakeable and could have reasonably been recognised 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.
6.7 If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
7. OUR REFUNDS POLICY
7.1 Please see our Returns Policy for 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
10.1 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.
10.2 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) to our Customer Service Team through your account.
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 assignees.
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 endeavours 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
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Salt Lake City Utah, or the United States District Court for the Salt Lake District of Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.
The terms of this section survive any termination of the Terms.
18.1 We reserve the right to end or change a promotion at any time due to unforeseen circumstances.
18.2 We reserve the right to end of change an email promotion if an error has occurred.
18.3 Only one promotional code can be used per transaction.
18.4 All items marked down in clearance will be excluded from all offers.
19. EXANTE DIET PRICE PROMISE
19.1 Must be the same quality of ingredients.
19.2 Must be in the US.
19.3 We must be able to verify the offer.
19.4 The product must be in-stock and ready to ship that day on the lower priced site. Backorders will not be matched and we do not match prices on items that are out of stock.
19.5 The product must be a new product, not a clearance item and not reduced due to being damaged or out of date.
19.6 Other coupons and promotional codes may not be used with price matches.
19.7 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.
19.8 We reserve the right to exclude 'special offers'.
19.9 We can only price match single products and not a combination of products.
19.10 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.
19.11 Must be like-for-like (size, flavour and quality). Pro rata price matches are strictly at our discretion.
19.12 We reserve the right to not price match if we feel the match is not a comparable and fair one.
19.13 We reserve the right to remove this service at any time without notice.
19.14 We are unable to price match exante Diet products from third party suppliers.
19.15 Our decision is final.
19.16 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.
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 delivery 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.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.
25. SUBSCRIPTION PLANS
a. You may choose to subscribe to a subscription plan through the Service. The subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into a subscription plan, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.
b. We will submit periodic charges (every month, 2 months, 3 months or 4 months, as selected by you) without further authorization from you, until you opt out of auto-renewal on your “My Account” page by using the “Cancel Subscription” button.
c. The initial payment for your subscription order will be taken at the time of checkout. Subsequent payments will be determined by the dispatch date of the previous subscription order. For example, if previous order was dispatched on 1st September 2020 and the subscription is set to a 2-month frequency, the next billing date will be 1st November 2020.
d. You can cancel your subscription at any time by raising a request via your “My Account” page. Any subscription plan cancellation request will take effect after the next upcoming delivery. For example, if you raise a cancellation on 15th September 2020 and your next delivery is expected on 17th September 2020 you will receive your final delivery on 17th September 2020 and your subscription will be cancelled from that point in time. Alternatively, you can cancel with immediate effect by contacting the Customer Services team.
e. All orders are subject to availability. If your subscription order is not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
f. You have the option to delay your subscription order by a month, provided notice is given at least 5 days before your next billing date. Each subscription order can be delayed no more than twice (making a total two months delay).
g. Subscribe and save discounts may be available. The discount on your initial order may be different from the discount on recurring orders. Special offers will not apply on top of any subscribe and save discount, except where it is relates to meeting a spend threshold.
h. The delivery options which you select for your first subscription order will apply for all subsequent subscription orders. Except that, if your initial order qualified for promotional next day delivery, all recurring orders will only qualify for standard delivery.
i. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.