Terms and Conditions

 

​

INTERPRETATION

​

In these Terms of Supply:

“Buyer” means the party requesting the Company to supply Products, as identified in the Purchase Order Website.

For the avoidance of doubt, references to the Buyer shall include any agent of the Buyer:

“Contract” means an agreement for the supply of goods and/or services between the Buyer and the Company, consisting of a Company Purchase Order, a Sales Order (where applicable) and these Terms of Supply:

“Effective Date” means, in respect of a Contract, the date upon which the Contract comes into existence.

“Products” means the goods, products, services and/or other deliverables to be supplied by the Seller, as described in the Contract:

“Company Purchase Order” means any verbal or written order for Products issued by the Buyer:

“Company Sales Order” means any acceptance, acknowledgement or confirmation of a Purchase Order confirmed in writing by the Company or its authorised representatives to which these Terms of Supply are attached and issued to the Buyer:

“Company” means Optwell Ltd, a company registered in England, company number 15836401, whose registered office is at 15a Hall Gate, Doncaster, South Yorkshire, DN1 3NA, England.

 

TERMS AND CONDITIONS OF USE:

The following terms and conditions of use agreement (hereafter “Terms”) governs your use of our web site (hereafter “web site”). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter “services”), each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by Company through its web site(s).

This website is owned by Optwell Ltd (hereafter “Company”), a Company registered in England and Wales (Company number 15836401), whose registered office is at 15 Hall Gate, Doncaster, South Yorkshire, DN1 3NA.

 

Our VAT registration number is 000 000 000.

 

Description and Price of Goods:

We have taken care to describe and show items as accurately as possible.

Despite this, slight variations in items may occur, we provide you with product information on http://motionfitnessmf.co.uk. If there is anything you do not understand, or if you wish to obtain further information, please contact our customer services on info@motionfitnessmf.co.uk.

Product images are for illustrative purposes only, although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products.

Your products may vary slightly from those images, the Company aim to state on the menu any ingredients that may cause an allergic reaction for someone with food allergies. Please be aware that we will be making your meal where we prepare foods, and use ingredients, containing many of the listed allergens so unfortunately, we cannot guarantee that all our food is completely free of any allergen. If you have any type of food allergy the Company, ask that you refrain from eating our food. The Company is not liable for any illness or medical reactions caused by contact with or consumption of our food.

We make every effort to ensure that the pricing displayed on our website is correct, however if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.

 

Placing an order:

You are deemed to place an order with us by ordering via our online checkout process.

As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

The contract is subject to your right of cancellation (see below).

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order.

No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we dispatch the order or send you confirmation by email even if your payment has been processed immediately.

 

We may refuse at our discretion to accept an order:

(a) where we cannot obtain authorisation for your payment.

(b) if there has been a pricing or product description error.

(c) if you do not meet any eligibility criteria set out in our terms and conditions.

(d) where goods ordered by you are not available.

(e) if we do not deliver to your area.

Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order.

We will not be obliged to pay any additional amount as compensation for disappointment.

 

Payment:

Payment can be made by any of the options advertised on our website.

Payment shall be due before delivery, if payment fails, your order will be cancelled.

There will be no delivery until clear funds have been received.

 

Payment online:

Our secure server software encrypts all your payment card details.

The process scrambles all the information, allowing no unauthorised third party to intercept the data, your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

By accepting these terms and conditions you consent to such checks being made, in performing these checks personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information.

You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.

All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

During security checks we may ask for additional information or documentation to help support the data you supplied.

 

Delivery:

The Company is able to deliver food every day from Monday – Saturday, you are able to choose which days you want the food to be delivered.

The food will be delivered to you at the address provided during the order process. All deliveries are made between 08:00 – 23:00.

Once the food is delivered in accordance with your instruction, the food and its contents are deemed to be your responsibility.

For the avoidance of any doubt, where food is delivered in accordance with your instructions and subsequently goes missing this will be regarded as a successful delivery.

The Company will take reasonable steps to deliver the food to you. If you feel that your delivery will require special instructions, please notify us of this at the time of placing your order.

If having taken reasonable steps, the Company is unable to deliver your food The Company will attempt to contact you.

The Company will only attempt to contact you to make other arrangements where you have expressly given us permission to do so, if the Company are unable to deliver is such circumstances, the Company reserve the right to charge you for the food you should have received that day in any event.

 

Right to cancel

If you wish to cancel your order all request must be sent by email to info@motionfitnessmf.co.uk. The Company requires one (1) full working day notice in order to cancel your delivery in all instances. For all cancellations there is a 25p administration charge (admin charge) to cover the card processing fees. Any refunds will be made with fourteen (14) days from the date on which your order is cancelled.

Pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, deactivation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt freshly prepared food is exempt from the right to withdraw.

If you are unhappy with your food for a legitimate reason such as the failure of the food to arrive, the Company may provide a refund or other compensation as appropriate.

Any refunds or compensation will be provided at the Company’s sole discretion.

 

Title for Consumers:

Title of any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

 

Limitation of Liability

The Company will not be liable to you for any loss or damage in circumstances where:

(a) There is no breach of a legal duty owed to you by the Company or by its employees or agents.

(b) Such loss or damage is not a reasonably foreseeable result of any such breach.

(c) Any increase in loss or damage resulting from breach by you of any term of this contract.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

REGISTRATION

To register with http://motionfitnessmf.co.uk you must be at least 18 years of age.

Each registration is for a single user only, whether or not acting on behalf of a Company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

User must complete the registration process by providing Company with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a username.

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

User is entirely responsible for maintaining the confidentiality of any password and account information. 

User is entirely responsible for any and all activities that occur under its account.

User agrees to notify Company immediately of any unauthorised use of their account or any other breach of security. Company will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without their knowledge. However, User could be held liable for losses incurred by Company or another party due to someone else using their account or password

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

We may deny access to any User, at any time, and for any reason. In addition, Company may, at any time, transfer rights and obligations under these Terms to any current or future Company subsidiary or business unit, or any companies or divisions or any entity that acquires Company or any of its assets.

 

DISCLAIMER

While the Company uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, either now operating or created in the future.

The Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.

The Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.

The Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Company web sites or on any external web sites linked to them. In particular, the Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.

Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.

 

Company web sites and all materials, information, products and services included in the company web sites, are provided “as is” with no warranties expressed or implied. The company expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose and no infringement of proprietary rights. The Company disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.

The company disclaims any warranties regarding the security, reliability, timeliness and performance of the company websites. Company disclaims, any warranties for any information or advice obtained through the company websites. The Company disclaims any warranties for services or products received through or advertised on the company web sites or received through links provided by the company web sites as well as for any information or advice received through any of the links or any user contributions provided to the company web site as well as for any information or advice received through any links or any user contributions provided by the company web sites.

The user understands and agrees that they download or otherwise obtain material or data through the use of the company web sites at their own discretion and risk and that they will be solely responsible for any damages to their computer system or loss of data that results from the download of such material or data.

The company and its web sites are not responsible or liable for content posted by users, 3rd-parties, actions of any 3rd-pert or for any damage to, or virus that may infect, a user’s computer equipment or other property.

 

LIABILITY

The Company may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.

User acknowledges and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other, web site. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.

In no event (including our own negligence) will we be liable for any:

(a) economic losses, including, without limit, loss of revenues, profits, contracts, business or anticipated savings.

(b) loss of goodwill or reputation.

(c) special, indirect or consequential losses.

(d) damage to or loss of data, (even if we have been advised of the possibility of such losses).

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

1. Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977).

2.  Fraud.

3. Misrepresentation as to a fundamental matter.

4. Any liability which cannot be excluded or limited under applicable law.

 

INDEMNITY

You agree to indemnify, defend and hold harmless the Company, its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including solicitors fees and court costs) arising from or relating to any allegation regarding:

1. Your use of the Company web site(s).

2. The Company’s use of any your content or information, as long as such use is not inconsistent with these Terms.

3. Information or material provided through your IP address, even if not posted by you.

4. Any violation of these Terms by you.

 

COMPLAINTS PROCEDURE - CONSUMER REVIEWS AND USE OF SOCIAL MEDIA

We always endeavour to provide high standards in retail and business and recognise and support the importance of the use of social media and the Internet to alert the public when such standards are not met. However, we believe that complaints should not be published in a manner that is unfair or unreasonable as to content and manner of publication and, for this reason, the following terms are agreed by yourself and ourselves to regulate how to proceed when you feel that reasonable standards have not been met.

If you post any comment on our service or products on any website other than the Company’s website, you agree that:

I) you will not include any statement that is untruthful or malicious.

II) you will do all that is possible to enable the Company to post to the same website a comment in response and ,if such is not possible, you will include such response in full in a comment posted by yourself on the same website

III) you will agree to participate in a form of alternative dispute resolution accredited by the Trading Standards Institute of the United Kingdom under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute, on request by the Company of the service operated at http:/www.optwell.co.uk or Optwell Ltd 15a Hall Gate, Doncaster, South Yorkshire, DN1 3NA.

 

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with your own local laws.

 

MISCELLANEOUS

If any provision of these terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Company.

 

ONLINE ACCEPTANCE

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Company.

You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.

 

These Terms and Conditions became effective, on 10/07/2024.