Home /

Terms of service

 

SUMMARY OF OUR TERMS & CONDITIONS FOR INDIVIDUAL CUSTOMERS/PATIENTS

  • You should always seek the advice of your general practitioner or other qualified healthcare professional with any questions or concerns you may have regarding your health.
  • Our terms are the entire set of terms between us in relation to your purchase of our products to you, whether these are goods, services or digital content. We supply on a worldwide basis.
  • Cancellations require a 30 day notice and will be effective from the date of submission of your cancellation form. If your billing date falls within 30 days from when you send in your form, you will be billed again. You will receive an email confirmation of your cancellation and subscription end date once your cancellation has been processed..
  • Our consultations are confidential but there may be an occasion where we need to hold a discussion with your general practitioner subject always to your express written consent.  We will always comply with the provisions of our Privacy Policy.
  • Except for death, personal injury or any liability which cannot be lawfully excluded, our liability to you is limited to 100% of the total sums paid by you to us for the products.
  • The laws of England and Wales apply to any contract with us and the courts of England and Wales will have exclusive jurisdiction to settle any dispute and claim we may have.
***************************

 

You understand and acknowledge that you should always seek the advice of your doctor or other qualified healthcare professional with any questions or concerns you may have regarding your health before using our products. If you experience any possible side effects (some of which are listed below), talk to your doctor or other qualified healthcare professional as soon as possible.                 

Our terms

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. 

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. 

1.3 This is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. 

2. Information about us and how to contact us

2.1 Who we are. We are Counterweight Limited, a company registered in England and Wales. Our company registration number is 11278617 and our registered office is at c/o Gabb & Co, 32 Monk Street, Abergavenny, Monmouthshire NP7 5NW and our main trading address is 85 Great Portland Street, First Floor, London W1W 7LT. 

2.2 How to contact us. You can contact us by telephoning our customer service team at +442030268800 or by writing to us at info@counterweight.org.

2.3 How we may contact you. If we have to contact you, we will do so by telephone, by digital messaging or by writing to you at the email address or postal address you provided to us in your order. 

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 How you can make an order.  You can: 

a) self-refer to our programme either by telephone or directly through any digital channel; 

b) be referred to by your General Practitioner; or 

c) purchase products from us through any digital channel or via telephone.

3.2 How we will accept your order. Our acceptance of your order will take place when we email you, or telephone you, to accept it, at which point a contract will come into existence between you and us. 

3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. 

3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products     

Side effects of weight loss when using meal replacement products may include:

  • Bad Breath or taste in the mouth
  • Feeling cold
  • Gallstones
  • Cramps
  • Gout
  • Hair loss or hair thinning
  • Skin rash     

This list is not exhaustive, and we advise that you seek the guidance of your doctor or other healthcare professional before you take these products or if any symptoms worsen or do not improve.

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website. 

5. Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. 

6. Our rights to make changes

6.1 Minor changes to the products. We may change the product: 

a) to reflect changes in relevant laws and regulatory requirements; and 

b) to implement minor technical adjustments and improvements.

6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the more significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. 

7. Providing the products

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.  Either you or we may be able to terminate the contract at any point.      

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier service will leave you a note informing you of how to rearrange delivery.

7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and 10.2 will apply.

7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

7.7 When you own goods. You own a product which is goods once we have received payment in full.  

7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

a) deal with technical problems or make minor technical changes;

b) update the product to reflect changes in relevant laws and regulatory requirements;

c) make changes to the product as requested by you or notified by us to you (see 6).

7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than six (6) months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see 13.4) and you still do not make payment within ten (10) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see 13.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see 13.6).  

8. Your rights to end the contract

8.1 You can always end your contract with us at any time.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), 12;

b) If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

a) we have told you about an upcoming change to the product or these terms which you do not agree to (see 6.2);

b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

c) there is a risk that supply of the products may be significantly delayed because of events outside our control; 

d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than forty-eight (48) business hours; or

e) you have a legal right to end the contract because of something we have done wrong. 

9. How to end the contract with us 

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:  

a) Phone or email. Call customer services on 02030268800 or email us at info@counterweight.org. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

b) By post. Write to us at our trading address given above, including details of what you bought, when you ordered or received it and your name and address. 

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them and they have not been paid for, nor opened, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at our trading address or (if they are not suitable for posting) allow us to collect them from you.  Please call customer services on 02030268800 or email us at info@counterweight.org for a return label or to arrange a collection.  If you are a consumer exercising your right to change your mind you must send off the goods within fourteen (14) days of telling us you wish to end the contract. 

9.3 When we will pay the costs of return. We will pay the costs of return:

a) if the products are faulty or misdescribed; or

b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

9.4 How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 When your refund will be made. We will make any refunds due to you in accordance with our Refunds and Returns Policy. 

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

a) you do not make any payment to us when it is due, and you still do not make payment within seven (7) days of us reminding you that payment is due;

b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

d) you do not, within a reasonable time, allow us access to your premises to supply the services.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as practicable and will refund any sums you have paid in advance for products which will not be provided.

11. If there is a problem with the product

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02030268800 or write to us at info@counterweight.org. 

11.2 Your obligation to return rejected products. Our Refunds and Returns Policy provides guidance to follow if you wish to exercise your legal rights to reject products.

12. Your rights in respect of defective products 

12.1 We warrant that on delivery, any products (which are goods) shall:

a) conform with their description;

b) be free from material defects in design, material and workmanship; 

c) be fit for any purpose held out by us.

12.2 Subject to 12.3, if:

a) you give us notice in writing during the warranty period given in clause 12.1 above within a reasonable time of discovery that a product does not comply with the warranty set out in 12.1;

b) we are given a reasonable opportunity of examining such product; and

c) you return such product to us at our cost, 

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full. 

12.3 We will not be liable for a product's failure to comply with the warranty in 12.1 if: 

a) you make any further use of such product after giving a notice in accordance with 12.2(a);

b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

c) the defect arises as a result of us following any specification supplied by the Customer;

d) you alter or repair the product without our written consent; or

e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

12.4 Except as provided in this 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in 12.1.

12.5 These terms shall apply to any repaired or replacement products supplied by us under 12.2.

13. Price and payment

13.1 Where to find the price for the product. The price of the product (which may include VAT or other applicable tax) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see 13.3 for what happens if we discover an error in the price of the product you order. 

13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

13.4 When you must pay and how you must pay. We accept payment via the website, through our software application or by telephone.

13.5 Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 

13.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14. Counterweight Platform (App)

14.1 The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, Counterweight is not responsible or liable for any loss or damage incurred that result from your use of, or inability to use, the features of the Platform.

15. Our responsibility for loss or damage suffered by you 

15.1 Nothing in these terms shall limit or exclude our liability for:

a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

b) fraud or fraudulent misrepresentation;

c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

15.2 Except to the extent expressly stated in 12.1 all terms implied by sections 13 to 16 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15.3 Subject to 15.1:

a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.

16. How we may use your personal information

16.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.  We will at all times comply with the requirements given in the Data Protection Act 2018.  You acknowledge that we may need to consult with your general practitioner or other qualified healthcare professional from time to time, but this will be subject to your express written consent.

17. Other important terms

17.1 All consultations are confidential.  Our consultations are confidential but there may be an occasion where we need to hold a discussion with your general practitioner in accordance with clause 16.1 subject always to your express written consent.

17.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. 

17.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 

17.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17.7 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.