Terms and Conditions

Terms and Conditions

1 Information on Us

1.1 The Website is operated by Go Lower Limited ("Go Lower", "we", "us" or "our"), a company registered in Scotland under company number SC255680 and our registered office is at 45-47 Tower Street, Edinburgh, Lothian, EH6 7BN. Our VAT number is 829224032.You can contact us by phone or email, and contact details are provided on our contacts page.

 

2 Terms and Conditions of Website Use and Product Supply

2.1 This page (together with any documents referred to on it) sets out the terms and conditions ("Terms") on which you:

(a) may make use of the website www.golower.co.uk (the "Website") whether as a guest or a registered member;

(b) may register with us as a member and/or order the products to be supplied by us ("Products").

 

2.2 Please read these Terms carefully before you start to use the Website. By using the Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must not use or register with the Website.These Terms also contain the terms and conditions on which you agree to purchase your membership and/or any Products from us. Please read these Terms carefully before registering with the Website. You should understand that by registering with the Website you are offering to enter into a legally binding contract with us and agree to be bound by these terms and conditions.

2.3 You should print a copy of these Terms..

 

3 Service Provision

3.1 We make no representation as to the availability of the Website or your ability to access it. We will not be liable for any loss of any nature resulting from unavailability of the Website. The Website is only intended for use by people resident in the UK and Ireland the EU. We do not accept orders from individuals outside these countries.

 

4 Your Status

4.1 By registering with us either by buying a Programme or a Plan (both as defined on the Website) or registering with our website , you warrant that:

(a) You are legally capable of entering into binding contracts;

(b) You are at least 18 years old; and

(c) You are resident in the UK or Ireland.

 

5 Password and Security

5.1 You must keep any password confidential and must not disclose it or share it with anyone. You will be fully responsible for all activities that occur under your password. If you know or suspect that someone else knows your password, you should notify us immediately. Please see the Website for contact details: www.golower.co.uk

5.2 If we have reason to believe that there has been, or is likely to be, a breach of security or misuse of the Website, we may require you to change your password or we may suspend your membership until an investigation of the matter can be completed.

 

6 Intellectual Property

6.1 The content of the Website is protected by copyright, trade marks, database and other intellectual property rights.

6.2 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.

6.3 You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website without expressed written permission from us.

6.4 No licence is granted to you in these Terms to use any of our trade marks or those of any affiliated companies.

 

7 Suspension and Cancellation of Membership by Us

7.1 We may suspend or cancel your membership immediately at our reasonable discretion or if you breach any of your obligations under these Terms.

 

8 Third Party Websites and Advertising

8.1 As a convenience to Members, the Website may include links to other websites which are beyond our control. We are not responsible for any content on the Internet or pages on any other website or publications outside the Website.

8.2 Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes and we will not be responsible for any error or inaccuracy in advertising and sponsorship material.

 

9 Health - Caution In Use Of The Website

9.1 We strongly recommend that you should seek medical advice before starting any weight loss or nutritional programme. The information on the Website does not offer medical advice or act as a substitute for medical treatment. You should not use the Go Lower programme if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary requirements.

9.2 The Website provides general information and guidance on weight loss and weight loss management. Although it aims to help users in their efforts to lose weight, information on the Website does not constitute advice tailored to an individual’s specific requirements and is not provided or represented in any way as providing medical advice.

 

10 Orders and Contractual Conclusion

10.1 Your registration on or purchase on the Website or the payment of any sum constitutes an offer by you to us to register you as a Member and or order Products. We will send you an e-mail which states that we confirm the receipt of your request for registration as a Member or the purchase of Products. The email will specify the order for Products that you have made as part of your registration, but this does not constitute an acceptance of your offer. Your offer to us is accepted and a contract is concluded with us on activation by us of your account and granting you access to the Website with your password (which may happen before the email confirmation is received by you).

10.2 In the event of orders made by telephone the purchase contract shall be concluded upon acceptance of your payment to us.

 

11 Delivery Terms and Conditions

11.1 Provided that nothing to the contrary has been agreed upon between the parties, the delivery shall be made to the delivery address specified by you. It is agreed that any one located at the delivery address is entitled to accept the delivery. The recipient shall document successful receipt of the goods through his or her signature.

11.2 If a delivery to you is not possible because no one is available for signature our courier company is prepared to leave the Products at a place specified by you or the Products will be held at the offices of our delivery agents for up to 5 days for collection or you may re-arrange delivery on one further occasion at a more convenient time.

11.3 In the event that the goods are delivered but not signed for or are not delivered due to lack of signature or failure to collect we shall not be liable for:

(a) any further deliveries; or

(b) any refund of any monies paid for the order. Your legal claims shall remain unaffected.

 

11.4 We will endeavor to ship ordered Products to the designated delivery address in accordance with the timescales we set out in the Website. Go Lower shall be liable only for the fault of its vicarious agents in the event of gross negligence or intentional wrong doing upon the part of the vicarious agent.

11.5 With the shipping confirmation, the Member shall also receive the invoice for the goods, including the shipping and handling costs. From time to time, Go Lower may provide special offers to Members purchasing a stated value where Go Lower will not charge the shipping and handling fee. These offers will only take affect when the order value (order value = total Product amount including VAT) is equal to or greater than the stated amount. On a general basis, the Member will be charged for the shipping cost and a VAT inclusive handling fee which will be stated in the Member’s invoice.

 

12 Right of Return

12.1 You may only return Products that are faulty or defective. You shall be obliged to make the return shipment at your own risk and cost (which may be refunded later if the return is determined to be for valid reasons). The return shipment of the goods must be made to:

Go Lower
Returns Department
45 - 47Tower Street
Edinburgh
EH6 7BN

12.2 The goods sent and delivered to the address by Go Lower must be in the original, unopened packaging and be noted with the original invoice number provided in the ‘shipping document’. Go Lower will not accept any cash on delivery for returned Products.

12.3 We will examine the returned Product and notify you of your refund within a reasonable period of time. Products returned by you because of defect will be refunded in full, including a refund of the delivery charges for sending the Products to you.

12.4 This amount will be returned by means of a money order, bank transfer, or credit/debit card credit to be determined by Go Lower. This transaction will occur no later than within 60 days after the physical receipt of the returned goods.

12.5 The Member will not be entitled to a refund, and shall assume all costs related to shipment, return shipment and the handling fee if the Products are not defective or do in fact correspond to the ordered goods, or if the Products have been returned because you have cancelled your membership.

12.6 Go Lower shall accept only the methods of payment offered at the time of purchase, i.e. payment per credit card or debit card. Go Lower will be entitled to deduct the cost of any returns against the refund sum.

 

13 Right to Cancel

13.1 Once you have concluded a contract with us , you are committed to the term you have opted for, and your Programme fee is not refundable in any portion, whether or not you cancel your membership in accordance with the provisions of clause 13.2 below. No other form of Cancellation is acceptable.

13.2 You may only cancel a Programme should there be a material change made by us to the Terms which you do not agree with. In such circumstances, you will be entitled to a pro rata refund of your programme fee. To cancel your programme, you must inform us in writing immediately, and cancellation will not take effect until the date we receive such notice. The actual cost of any Products that have already been shipped to you at the time of cancellation will be deducted form any refund.

13.3 You agree to pay the full programmefee for your chosen programme to us. If there is a cancellation of your programme for any reason other than a change to our terms and conditions, you acknowledge and agree that you will still be liable to pay the full amount of your programme fee to us and that we may recover such sums from you to the extent that they remain unpaid.

 

14 Liability for Defects, Complaints and Warranties

14.1 Although we will use reasonable skill and care in providing the Website and Products we give no other warranties or guarantees in relation to the Website. The Member must bear the risks associated with the use of the Internet.

14.2 The Website provides content from other Internet sites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.

14.3 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 the inaccuracies as soon as we reasonably can.

14.4 In particular, we disclaim all liabilities in connection with the following:

(a) incompatibility of the Website with any of your equipment, software or telecommunications links;

(b) technical problems including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; or

(c) any inadequacy of the Website to meet your requirements.

14.5 You agree that we will not be liable to you for any losses related to any business interests that you have, such as lost data, lost profits or business interruption or for any consequential losses of any description that you may suffer.

14.6 Nothing in these Terms shall exclude our liability for personal injury or death caused by our negligence.

14.7 If the purchased Product is found to be defective upon delivery, Go Lower should be notified immediately. The return of any defective Products should adhere to the returns policy noted above. The assignment of these claims by you is excluded. A complaint cannot be asserted if the defect was created due to improper use or storage of the goods upon your part. We shall not be liable for defects which have been caused by force majeure or by your own actions.

14.8 If you do not submit the complaint in a prompt manner (during the complaint/warranty period), then it shall have no claim to a positive handling of the complaint. Liability for damage compensation is excluded. In particular, Go Lower shall not be liable for damages which are not upon the delivered object itself.

14.9 Information and charts on the online shop regarding price lists and other price information are for purely informational purposes and do not constitute commitments upon the part of Go Lower. Product illustrations are sometimes model illustrations and may deviate from the Products which are ordered/supplied.

 

15 Collection, Registration, Processing, Usage and Protection of Personal Data

15.1 The Member acknowledges and gives its approval that its personal data required for the processing of jobs and orders are saved and treated with confidentiality with full adherence to the Data Protection Act, and in accordance with our privacy policy . During the course of order processing, we reserve the right to pass on the data to affiliated companies as well as, for purposes of credit checks and monitoring of creditworthiness. The Member may at any time object to the aforementioned use and processing of the data by notifying us.

15.2 Because we have the delivery of the Products undertaken by an external delivery company, we must pass on the information about the delivery address and the recipients to this company The Member hereby grants its consent to this when its order is made. The Member shall be entitled to withdraw this consent at any time with effectiveness for the future. Go Lower shall be obliged to make immediate deletion of the personal data unless an ordering process has not yet been completed.

 

16 Final Provisions, Legal Venue, Applicable Law and Miscellaneous

16.1 We may update these Terms from time to time and reserve the right to do so without any prior notification. You should periodically review them for changes, although where possible we will try to bring any changes to your attention by email and/or by putting a notice on the Website. If you continue to use the Website after the date on which any changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website and, if applicable, you should cancel your membership (the original Terms applying up to the date of cancellation).

16.2 The invalidity of one or more of the agreed-upon terms and conditions shall not affect the legal validity of the remaining provisions. The statutory provisions shall apply in the event of invalidity.

16.3 In the event that a certain article should not be able to be delivered, we shall be obliged to notify you of such non-availability before accepting the order.

16.4 By means of his/her order and or registration or joining any programme at the Website, the Member also declares his/her agreement with these General Business Terms and Conditions.

16.5 THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

16.6 These Terms and conditions may change from time to time

 

17 Complimentary Samples

17.1 The offer for any Complimentary Samples is not valid for other GoLower products

17.2 The Offer is as stated and no alternative is available.

17.3 The Offer is not valid on weekly payments and cannot be used in conjunction with any other offer.

17.4 The Offer applies to UK mainland only unless Go Lower specifies.

17.5 One complimentary delivery/ order per person only.

17.6 Applications from third parties, agencies or sent in bulk will be declared invalid and void.

17.7 No responsibility can be taken for lost, delayed or non-transmitted applications.

 

18 Governing Law and Jurisdiction

18.1 These Terms shall be governed by and construed with in accordance with the laws of Scotland and any disputes will be decided exclusively by the Scottish courts.