Terms and Conditions
1. GENERAL CONDITIONS OF SALE
Each order placed with OPTIFAST or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions. Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order from us, unless any change is required to be made to these by law or governmental authority (in which case it may apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order. Any order placed through this Website can only be delivered to the United Kingdom of Great Britain. We regret that we cannot deliver elsewhere.
1.1 PRICES AND PAYMENT
The prices payable for the items you order are those displayed on this Website on the date you place your order, these are inclusive of VAT but exclusive of delivery charges. Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order. The price of a product and delivery costs displayed on the Website and confirmed in your order confirmation will normally be honoured. OPTIFAST reserves the right to modify the prices of its products in the future at any time and without notice. The modifications of prices will not apply to orders of products already confirmed by OPTIFAST.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the products to you at the price shown. We always try and ensure that the prices of products shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the products that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
You hereby confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
1.2 ORDER CONFIRMATION
All orders are subject to acceptance and availability. If the products 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 products 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 products on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or other account or (ii) dispatch the products to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded (the “Dispatch Confirmation”). The contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision. 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.
1.3 RETURNS POLICY
When you receive your item, you must check it as soon as possible following receipt and always before use. You have 14 days to return your order under our 14-day return period policy, which starts on the day after you received the item. It""s so simple, please follow the steps set out below (please see the section headed ""Returns and Refunds"") All items must be returned unused and in the original packaging as they were in when received by you. Please ensure that when you receive an item that you take reasonable care of it when trying it /inspecting it eg. please ensure that any security seals or tags are still intact.
Wrong item received. We apologise if you have received the wrong item by mistake. This is not common, and we want to resolve this as quickly as possible for you. To receive a refund or a replacement, you must return the item in the same condition you received it and within 14 days from the day on which you received the item.
Damaged or faulty items. Please accept our apologies if you have received an item that is damaged or faulty. We understand how frustrating this can be and want to resolve this as quickly as possible for you. If you believe that the item is faulty, please contact us. You will need to tell us exactly what the fault is and as soon as possible after discovering the fault and we will advise what to do next. Our Returns Policy for faulty items upholds your statutory rights.
Item not received. We apologise if you have not received your item. This is not common, and we want to resolve this as quickly as possible for you. To receive a refund or a replacement, you must inform us that you have not received your item within 21 days from the day on which you received an email from us confirming that the item had been dispatched.
Your statutory rights. Our Returns Policy does not affect your statutory rights. For more information about your other statutory rights, please visit the UK Government""s website at: www.direct.gov.uk or contact Consumer Direct, the Government funded consumer advice service on 08454 04 05 06.
To return your item Contact us through your account via our online message centre or call us on 0203 367 6079. You must inform our customer service team of your order number, the item you are returning and the reason for return. We will then provide you with a unique returns authorisation number and will confirm the address you need to return the item to Please package the item securely and include inside the package your order number, name and address Please obtain a proof of postage from the Post Office when you send your item to us. Proof of postage does not cost anything without it, however, we may not be able to process your refund or replacement in the rare event that your item is lost in transit If you request a replacement and the product is no longer available, we will process the refund back to the original method of payment used to purchase the item. Any item you have accepted and then return is your responsibility until it reaches our warehouse. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the products.
What we""ll do next. All products returned to us are checked by our Returns Department. If you are entitled to a refund, then we will refund the price of your item. Returns are usually processed within 7 working days of receipt of a cancelled order, and at the latest within 30 days of receipt. We will refund the original method of payment used to purchase the item.
Return of replacement products. If an item you ordered was found to be faulty and we replaced it, you have the right to cancel your order in respect of the replacement product within 7 working days starting on the day after you received the replacement item and receive a refund.
Cost of returning items. Please note that we can only refund the postage costs for returning an item where: we sent you the wrong item, or the item is damaged or faulty; or where you are returning a substitute or replacement item which you do not want to keep. We will not refund postage for items found to be in good working order. Costs of posting the item back to you will depend on the item and will be communicated to you after the testing process has been completed.
Complaints If you are not satisfied with the way in which we have handled the return, replacement or repair of any item, we apologise. We want to resolve the matter.?Please contact our customer service representatives through your account via our online message centre or call us on 0203 367 6079.
The photographs and texts illustrating and describing the products on this Website are non-contractual and for information purposes alone. OPTIFAST shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website. Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, OPTIFAST""s liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the products in respect of which damages are claimed.
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.
Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective products under the Consumer Protection Act 1987 (UK); or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
1.5 FORCE MAJEURE
OPTIFAST will make every reasonable effort to fulfil its obligations. However, OPTIFAST cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control ("Force Majeure"). Such circumstances include, without limitation, strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the production, transportation or delivery of products. In the event of a delay caused by Force Majeure, OPTIFAST""s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. OPTIFAST will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us. You will have to return (at our cost) any relevant products you have already received, and we will refund the price you have paid, including delivery charges.
The Website is provided on an ""as is"" and ""as available"" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following: incompatibility of the Website with any of your equipment, software or telecommunications links; technical problems, including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
2.1 COPYRIGHT AND INTELLECTUAL PROPERTY
The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of OPTIFAST or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. Except as provided hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a licence or a right to use any such content of our Websites.
2.2 USE OF THE WEBSITES
You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of OPTIFAST. OPTIFAST neither warrants, nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the review throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
2.4 INFORMATION DEEMED NON-CONFIDENTIAL
Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Notice. OPTIFAST invites you to read such Privacy Notice carefully before providing us with any such personally identifying data and information.
2.5 LIMITATION OF LIABILITY
By accessing, using, browsing and navigating on our Websites:
You warrant that: you are legally capable of entering into binding contracts; you are at least 18 years of age; the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
You authorise us to transmit information and to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
You recognise and accept that, to the fullest extent permitted by applicable regulations, neither Optifast, any of its affiliated companies, nor any other party involved in creating, producing or delivering the websites, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Optifast), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the websites or their content.
All materials which are downloaded or obtained by any other manner during the use of our websites are at your own risk and peril. Optifast assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its websites or for any illegal intrusion or intervention in the it systems.
Optifast reserves the right to interrupt or discontinue any or all the functionality of its websites. Optifast accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its websites resulting from actions or omissions of Optifast or any third party.
3. PRIVACY NOTICE
Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your Personal Data and how we will treat it. It also tells you how you can access and update your Personal Data and make certain choices about how your Personal Data are used.
This Notice covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps, third party social networks, call centers and events. Please note that We might aggregate personal data from different sources (website, offline event). If you do not provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), We may not be able to provide you with our products. This Notice can change from time to time.
3.1 SOURCES OF PERSONAL DATA
This Notice applies to Personal Data that We collect from or about you, through the methods described below from the following sources:
OPTIFAST websites. Consumer-directed websites operated by or for OPTIFAST, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook (“Websites”).
OPTIFAST mobile sites/apps. Consumer-directed mobile sites or applications operated by or for OPTIFAST, such as smartphone apps.
E-mail, text and other electronic messages. Interactions with electronic communications between you and OPTIFAST.
OPTIFAST CSC.?Communications with our Customer Service Center
Offline registration forms. Printed or digital registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
Advertising interactions.?Interactions with our advertisements (e.g., if you interact with on one of our ads on a third-party website, we may receive information about that interaction).
Data We create.?In the course of our interactions with you, we may create Personal Data about you (e.g. records of your purchases from our websites).
Data from other sources. Third party social networks (e.g. such as Facebook, Google), market research (if feedback not provided on an anonymous basis), third party data aggregators, OPTIFAST promotional partners, public sources and data received when we acquire other companies.
3.2 PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
Depending on how you interact with OPTIFAST (online, offline, over the phone, etc.), We collect various types of information from you, as described below.
Personal contact information. This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number.
Account login information.?Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
Demographic information & interests.?Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. postcode/zip code), favourite products, hobbies and interests, and household or lifestyle information.
Information from computer/mobile device.?Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a OPTIFAST website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.
Websites/communication usage information.?As you navigate through and interact with our Websites or newsletters, We use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies and web beacons and is also collected through the use of third party tracking for analytics and advertising purposes. You have the right to object to the use of such technologies.
Market research & consumer feedback.?Any information that you voluntarily share with Us about your experience of using our products and services.
Consumer-generated content.?Any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third party social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We collect and publish?consumer-generated?content in connection with a variety of activities, including?contests and other promotions,?website community features,?consumer engagement, and third party social networking.
Third party social network information.?Any information that you share publicly on a third party social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with Us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your third party social network profile information (or parts of it) every time you download or interact with a OPTIFAST web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a OPTIFAST site (such as Facebook Connect) or every time you interact with Us through a third party social network. To learn more about how your information from a third-party social network is obtained by OPTIFAST, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network.
Payment and Financial information.?Any information that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We or our payment processing provider(s) handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.
Calls to Customer Service Center. Communications with a Customer Service Center can be recorded or listened into, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes). Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call.
Sensitive Personal Data. We may process certain sensitive personal data that you provide to us for marketing purposes with your prior express consent. If we process your sensitive personal data for other purposes, we rely on the following legal bases: (i) detection and prevention of crime (including the prevention of fraud); and (ii) compliance with applicable law (e.g. to comply with our diversity reporting).
3.3 COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
Cookies/Similar Technologies.?Please see our Cookie Notice below to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.
Log Files.?We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
Web Beacons.?Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include information such as IP address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We will use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.
3.4 USES MADE OF YOUR?PERSONAL DATA
The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.
|What We use your Personal Data for||Our Reasons||Our Legitimate Interests|
3.5 DISCLOSURE OF YOUR PERSONAL DATA
In addition to the OPTIFAST entities mentioned in the data controllers & contact section We share your Personal Data with the following types of third-party organisations:
Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, website operation, market research companies, support services, promotions, website development, data analysis, Customer Service Center, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they have been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure.
Credit reporting agencies/debt collectors. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.
Third party companies using Personal Data for their own marketing purposes. Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes. Their identity will be disclosed at the time your consent is sought.
Third party recipients using Personal Data for legal reasons or due to merger/acquisition. We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger.
3.6 RETENTION OF YOUR PERSONAL DATA
OPTIFAST takes every reasonable step to ensure that your personal data are only processed for the minimum period necessary for the purposes set out in this Privacy Notice. The criteria for determining the retention period for your Personal Data are:
(a) OPTIFAST will retain copies of your Personal Data in a form that allows for identification only for as long as:
(i) We maintain an ongoing relationship with you (e.g. where you are included in our mailing list and have not unsubscribed)
(ii)Your Personal Data are necessary in connection with the purposes set out in this Privacy Notice and we have a valid legal basis; and
(b)The duration of: (i) any applicable limitation period (i.e. any period during which a person could bring a legal claim against us), and (ii) an additional 2 months following the end of the applicable limitation period (so we are able to identify any personal data of a person who may bring a claim at the end of the applicable period),
(c)In addition, if any relevant legal claims are brought, we may continue to process your Personal Data for such additional time necessary in connection with that claim.
During the periods noted in paragraphs b(i) and b(ii) above, we will restrict our processing of your Personal Data to storage or, and maintaining the security of, those data, except to the extent the data need to be reviewed in connection with any claim, or any obligation under applicable law. Once the periods in paragraphs (a), (b) and (c) above, each to the extent applicable, have concluded, we will either (i) permanently delete or destroy the relevant Personal Data or (ii) anonymise the relevant Personal Data.
3.7 DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR?PERSONAL DATA
We use appropriate measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as third-party social networks.
People who can access your Personal Data.?Your Personal Data will be processed by our authorised staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of consumer care matters will have access to your consumer record).
Measures taken in operating environments. We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Data, We cannot guarantee the security of the data during transmission through our Websites/apps.
Measures We expect you to take.?It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We provide you in our Website/app.
Transfer of your Personal Data. The storage as well as the processing of your Personal Data as described above may require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence. We will also transfer your Personal Data to countries outside the European Economic Area (“EEA”) (e.g. other OPTIFAST entities) including to countries which have different data protection standards to those which apply in the EEA. We (i) have put in place European Commission approved standard contractual clauses to protect your Personal Data (and you have a right to ask Us for a copy of these clauses (by contacting Us as set out below) and/or (ii) will rely on your consent (where permitted by law).
3.8 YOUR RIGHTS
Access to Personal Data. You have the right to access, review and request a physical or electronic copy of information held about you. You also have the right to request information on the source of your Personal Data. These rights can be exercised by contacting us, attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected. Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.
Additional rights (e.g. modification, deletion of Personal Data). Where provided by law, you can (i) request deletion, the portability, correction or revision of your Personal Data;?(ii) limit the use and disclosure of your Personal Data; and (iii) revoke consent to any of our data processing activities.
Subject to applicable law, you may also have the following additional rights regarding the use of your Relevant Personal Data:
• the right to object, on grounds relating to your particular situation, to the use of your Relevant Personal Data by us, or on our behalf; and
• the right to object to the Processing of your Relevant Personal Data by us, or on our behalf, for direct marketing purposes.
Please note that, in certain circumstances, We will not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.
Where available, our Websites have a dedicated feature through which you can review and edit the?Personal Data?that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorised access to your account.
3.9 YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR?PERSONAL DATA
We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:
Cookies/Similar?Technologies.?You manage your consent via (i) our consent management solution or (ii) your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used.
Advertising, marketing and promotions.?You can consent for your Personal Data to be used by OPTIFAST to promote its products or services through tick-box(es) located on the registration forms or by answering the question(s) presented by our CES representatives. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To unsubscribe from marketing communications sent by any medium, including third party social networks, you can opt-out at any time by unsubscribing through links available in our communications, logging into the Websites/apps or third party social networks and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CES. Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non marketing related announcements.
Personalization (offline and online):?Where required by law, if you wish to have your Personal Data used by OPTIFAST to provide you with a personalized experience/targeted advertising & content, you can indicate so through the relevant tick-box(es) located on the registration form or by answering the question(s) presented by our CES representatives. If you decide that you no longer wish to benefit from this personalization, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CES.
Targeted Advertising.?We partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements are tailored to your interests based on information collected on OPTIFAST sites or on non-affiliated websites over time. You can visit?www.aboutads.info/choices?to learn more about this type of advertising, as well as about how to opt-out of interest-based advertising practices from companies that participate in the Digital Advertising Alliance’s (“DAA”) self-regulatory program. Additionally, you can opt-out of this type of advertising in mobile applications from companies that participate in the DAA’s AppChoices app by downloading the app from the iOS or Android app store. You can also stop the collection of precise location data from a mobile device by accessing your device location service settings.
3.10.DATA CONTROLLERS & CONTACT
To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us through your account via our online message centre or call us on 0203 367 6079.
We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).
Data Controller: Responsible for:
Nestlé Entreprises SA, Business Growth Solutions
(on behalf of other Nestlé affiliated companies)
1800 Vevey Switzerland
Defining the scope and purposes of the data processing, giving relevant instructions regarding the data processing to the data
processor, as defined below.
Data Processor Responsible for:
THE HUT.COM LIMITED
5th Floor, Voyager House Chicago Avenue,
Manchester Airport, Manchester, England,
M90 3DQ (THG) Processing of consumer related data upon instructions
received by the data controller.
4. COOKIE NOTICE
4.1 What are cookies?
Cookies are text files that are placed on your computer by websites that you visit. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. They are used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. We use the term "cookies" throughout this notice to also cover all similar technologies, such as web beacons SDK, log files, pixel tags.
4.2 What types of cookies are used on our Website?
Cookie categories Lifespan
a) Site functionality cookies
These cookies allow you to navigate the site and use our features, such as registration, logging in and product favourites. If you disable these cookies certain parts of the website will not function for you, for example, adding items to your basket, proceeding to checkout. As long as necessary
b) Site analytics cookies
These cookies allow us to measure and analyse how you use our websites, apps and mobile platforms, to improve both its functionality and your experience. 90 days
c) Customer preference cookies
When you are browsing on our sites, these cookies will remember your preferences (like your language or location), and other information you choose to provide to us, so we can help tailor your experience and make it more relevant and personal to you. 90 days
d) Advertising or targeting cookies
These cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We may also use the information obtained via these cookies to serve you with advertising that may be of interest to you based on your past online behaviour. We may share this information with other parties, including our partners. 90 days
e) Social media cookies
These cookies are used when you share information using a social media sharing button on one of our websites. The social network will record that you have done this. This information may be linked to targeting/advertising activities. 90 days
4.3 Manage your cookie preferences
You do not need to allow cookies to use or navigate through many parts of our website, although you may not have access to all the features on our website if you do not accept cookies. You should ensure that your device settings reflect your cookies preferences. You can also set your browser to warn you before accepting cookies or you set it to refuse them.
Additionally, where available, you can opt-out of cookies by visiting the following sites: http://www.aboutads.info/choices/#completed or http://www.youronlinechoices.eu/
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
5.2 GOVERNING LAW
The present Terms (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) and your purchase of products from OPTIFAST shall be governed by and construed in accordance with the laws of England and Wales. Any dispute or claim arising out of or in connection with Terms or your purchase of products from OPTIFAST (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of English courts.
We reserve the right to: update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
6. Subscription Terms and Conditions
You may choose to subscribe to a subscription plan through our subscription plan service. The subscription plan 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.
We will submit periodic charges (every month, 2 months, 3 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.
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.
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.
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.
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).
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.
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.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.