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SmarterNaturally Terms of Sale

These Terms were last updated on 17/06/2022.

These Terms set out the legal contract that applies when you, as a private individual, purchase products from www.smarternaturally.com (the “Website”).

They apply together with our Website Terms of Use (which set out how you may use our Website) and our Privacy Policy (which sets out how we will use your data).

We’ve worked hard to make these Terms easy to understand and avoid legal jargon. Please read them carefully because they are legally binding.

Our registered company name is The Smarter Food Company Limited and we trade under the name SmarterNaturally.

We are incorporated and registered in England and Wales with company number 11453121 and our registered office is at C/O Ma Partners, 7 The Close, Norwich, England, NR1 4DJ.

You can find out more information about how to contact us by visiting our Contact Page.

By placing an order on our Website you are confirming that:

  • you are legally capable of entering into binding contracts,
  • you are at least 18 years old, and
  • you are a resident in the UK.

We offer our products on a subscription basis consisting of:

  • Trial Period Order: An initial order with a four-week supply of our products.
  • Ongoing Subscription Orders: Continuing orders of a twelve-week supply of products.


Subscription Orders will be dispatched one week before the end of the Initial Order or previous Subscription Order, as applicable.

By placing an order, you acknowledge that your subscription has an initial and recurring payment feature. You accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges without further authorisation from you, until you notify us your wish to terminate your subscription (see How Do I Terminate My Subscription?). This notice will not affect charges submitted before we could reasonably act.

After placing an order, you will receive an acknowledgement email from us.

Please note that your contract with us is formed when we take your payment and not at the time you place your order.

If your order cannot be accepted for any reason, we will let you know why by email as soon as reasonably practicable, and you will be refunded.

The payment for an Initial Order or first payment for a Subscription Order will be taken at the time we accept your order. If you do not cancel your Subscription Order by the deadline set out in below (see “How do I terminate my subscription?“), the Subscription Order will continue and payment for is processed one week before the end of the then current Subscription Order, as applicable.

  • The price of the products and any delivery charges will be as quoted on our Website when you place your order except for in cases of obvious error.
  • All subsequent Subscription Orders will be the same cost unless you make a change to the subscription.
  • We may update our product and delivery prices at any time, but the changes will not affect orders that have already been confirmed.
  • Payment for all products must be by credit or debit card. We will automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available.


Payment details are stored securely by a third party to allow recurring payment for future orders (and will be subject to the third party’s terms of use which you should read). Further details are set out in our Privacy Policy. We do not have access to view your full credit or debit card details.

We try to make sure all images and details of our products are accurate at the time you place your order, but the images of our products are for illustrative purposes only. Your products may differ slightly from the images on our Website and the packaging of products may also vary.

Products are subject to availability and prevailing market conditions. In the event of non-availability of any products you order, we may offer a reasonable substitute. It is our policy to notify you of any substitute items via email prior to delivery where possible giving you the opportunity to accept or reject the item prior to the point of delivery. If you are not happy with any substitution, please contact us.

From time to time we may offer promotions for our products. This may include the option to use discount or voucher codes to pay or part pay for your order. If we run a promotion in relation to our products, please refer to the terms applicable to that promotion (which will set out details such as value, availability, expiry date, restrictions on use etc).

We are under no obligation to honour any discount or voucher code and we may withdraw a promotion at any time where it becomes necessary to do so.

To cancel your order, terminate your subscription or change your payment method please login to your account and follow the cancellation instructions.

  • Initial Orders: You can cancel at any time before we take payment from your account for your Initial order.
  • Subscription Orders: You must cancel your Subscription Order by 11:59pm five (5) days before the next Subscription Order is scheduled to be delivered. If your submit your cancellation request after the deadline it will not be processed before the next Subscription Order is dispatched and your will still be charged.


We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.

Food safety is of paramount importance to us. As our products consist of food items, you are not entitled to the regular rights of consumers to return goods within 14 days after you receive them because you change your mind. There is an exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, Deactivation and Additional Charges) Regulations 2013, that confirms that contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. This does not affect your right to cancel your subscription in line with the details set out above.

If an order arrives damaged, does not contain the products your ordered or does not arrive then we will offer an appropriate refund as long as you can show that your order was not supplied as it should have been. We may ask for evidence from you to demonstrate this (e.g. photographs).

  • You are responsible for opening and inspecting the products upon delivery and storing them correctly. 
  • You must notify us of any damage within 14 days of the date of delivery.
  • You will always have statutory rights in relation to products that are faulty, damaged or not as described.  Your statutory rights are not affected by these Terms.

Please note all delivery times given to you are estimates only and we do not guarantee that the products will be delivered in any particular time period.

  • We will not be responsible in the event you pay for faster delivery and this is not fulfilled by our delivery partners.


Delivery will be completed when we, or our authorised courier company, deliver the products to the address you gave us when you placed your order. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the reasonable delivery instructions provided by you. If no instructions are given, the order will be left in an area that the authorised courier company considers safe at which point our obligation to deliver your order will be fulfilled.

  • If the order cannot be delivered to you or left in a safe place, we or our authorised courier company may deliver your order to a nearby address and will notify you of such delivery.
  • If none of the above delivery options are available to us or our authorised courier company then we will not attempt a further delivery and you will be required to pay the costs of failing to accept the delivery.

If we breach these Terms, we will only be responsible for the proportion of the foreseeable loss or damage you suffered to the extent caused by us; and / or failing to use reasonable care and skill. By “foreseeable”, we mean either it is obvious that it will happen or if, at the time the contract was made, we both knew it might happen.

We accept no liability for:

  • Any loss, damage or injury arising as a result of the incorrect storage or preparation of our products.
  • Harm caused by your failure to check for allergens. Our product packaging includes details of all allergens which may be contained within our products. However, it is your responsibility to check our packaging and Website for allergens.
  • Loss or damage to orders when we have left them in your safe place, or another place deemed safe by our driver, but may offer you a refund or other compensation at our complete discretion.
  •  Loss of profit, loss of business, loss of earnings, business interruption, or loss of business opportunity. Our products are currently provided direct-to-consumer only.


We do not exclude or limit our to you to the extent it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence, fraud, or breach of your consumer rights.

We will only hold data you provide to us for the purposes it was given to us in the first place, for example, to deliver your order.

To learn more about how we’ll use your personal information, please read our Privacy Policy.

These Terms are governed by English law and you can bring legal proceedings in the English courts.  If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts.  If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

As we grow our product range and improve our offerings, we might make changes to these Terms. We will do this by uploading the latest version with a date confirming when they went live.

The new Terms will not affect any orders placed prior to the time of go-live of any new Terms but will apply to future orders placed after the time of such new Terms. You should print or save a copy of these Terms for future reference.

We welcome any feedback you may have in respect of our products and we will take complaints very seriously. If you would like to contact us in respect of our products (either good or bad) please visit our Contact Page.

If you have contacted us with a complaint and you haven’t heard from us as soon as you would like, please rest assured that your complaint is being dealt with by our customer service team will respond to you as soon as possible.

SmarterNaturally Website Terms and Conditions

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Smarter Naturally, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Smarter Naturally and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Smarter Naturally and accessing the Website in connection with the provision of such services.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of Smarter Naturally, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission

  2. You may, for your own personal, non-commercial use only, do the following:

    1. retrieve, display and view the Content on a computer screen

    2. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)

    3. print one copy of the Content

  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Smarter Naturally.

Prohibited use

  1. You may not use the Website for any of the following purposes:

    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Smarter Naturally or that of our affiliates.

  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here.

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Smarter Naturally makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Smarter Naturally is under no obligation to update information on the Website.

  2. Whilst Smarter Naturally uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

  3. A Smarter Naturally accepts no liability for any disruption or non-availability of the Website.

  4.  Smarter Naturally reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

  3. To the maximum extent permitted by law, Smarter Naturally accepts no liability for any of the following:

    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

    2. loss or corruption of any data, database or software;

    3. any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

  3. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

  7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

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Smarter Naturally details

Smarter Naturally is a brand owned by Smarter Food incorporated in England and Wales whose registered address is The Smarter Food Company Ltd, 7 The Close, Norwich, NR1 4DJ company number 11453121 and it operates the Website www.smarternaturally.com.

You can contact Smarter Naturally by email here

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