Terms & Conditions
GYMMIES KITCHEN LTD, MARATHON HOUSE, OLYMPIC BUSINESS PARK, DRYBRIDGE ROAD, DUNDONALD, KA2 9AE. We are a company registered in SCOTLAND. Company number 574092. Our team can be contacted on 01294 680025 between 9am and 5pm Monday to Friday. (Excluding UK bank holidays). We can be contacted via email: [email protected]
Use of the site
The Gymmies Kitchen Website is an online store with various other accessible elements available to “you” the customer, for example, nutritional information and live feed updates. These Terms and Conditions govern your use of the Gymmies Kitchen website and the Online Store as well as services provided in connection with these.
If you register with Gymmies Kitchen, or buy Gymmies Kitchen products as a guest then you will need to:
- Confirm that you are 16 years of age or older.
- Understand that you are entering a binding contract.
- Are not impersonating another person or entity.
The details that you input into our registration form at the time must be accurate and complete at the time you enter them. You must notify us of any changes that are made to your details using the account details section found on ‘My Account’.
Password protection and your security
When registering with Gymmies Kitchen you will need to provide a secure password which will be used every time you log onto the website. You must not disclose or share the password with anyone. You are responsible for all activity that occurs whilst your username and password are in use. This includes orders that are made on the website. If you suspect or know of somebody else who knows your password then you must Contact Us immediately.
If Gymmies Kitchen suspects misuse of the website or a breach of security, we may suspend your account or simply ask that you change your password for security reasons. See paragraph 12.
When ordering on the Gymmies Kitchen website we will always take reasonable care of your personal details and security. We cannot however be held liable for any third party unauthorised access to your personal details and any other data you may have used on our website.
- When ordering on our website, an electronic contract is created. You place the order for the products you have instructed that you require by pressing the confirm button at the end of the checkout process.
- You will be navigated through the website following a series of simple instructions. After you have confirmed an order at the end of the process you will receive an e-mail confirming all of the order details.
- If you see an error on the order details then you must Contact Us immediately and speak to our Customer Service team on 01294 680025.
- Once your product has been shipped you will be notified via an e-mail from our despatch team.
- Acceptance of your order and completion of our contract will be formed when we despatch your order to you. This could change if we do not accept the order from you. In this case you will be notified. You also have the right to cancel your order under the Distance Selling Regulations.
There are various reasons that your order may be unable to be processed. These are:
- If the item is out of stock.
- Inability to authorise the payment from the details you provided us with.
- Product pricing or a descriptive error.
- Not meeting the eligibility that complies with our terms and conditions.
Gymmies Kitchen Referral and Points scheme.
By registering for an account with Gymmies Kitchen and placing an order with us you are automatically enrolled on the referral scheme.
You are eligible to receive Gymmies Kitchen Points for referrals made after you have placed your first order.
There are no limits to the amount of Gymmies Kitchen Points that you can earn.
Only customers of Gymmies Kitchen who have placed an order are eligible to receive Gymmies Kitchen Points.
New customers must use your referral link when they place their order. If your link is not used the reward cannot be redeemed after the order has been placed. The minimum order must be a 7 meal order.
Strictly only one Gymmies Kitchen account per individual and per household. We use sophisticated technology to check for this.
The issuing of Gymmies Kitchen Points is confirmed once an order has been placed. Gymmies Kitchen Points will be revoked if an order is cancelled or returned. If the scheme is abused or there are signs of fraud, Gymmies Kitchen Points will also be revoked.
All Points have a 365 day expiry date.
Gymmies Kitchen reserves the right to withdraw this scheme at any time without prior notice.
Gymmies Kitchen reserves the right to amend this scheme at any time without prior notice.
Gymmies Kitchen Points are non-transferable and have no cash value.
Gymmies Kitchen Points cannot be used in conjunction with any other promotion or code.
Cancelled and partially or fully returned orders are not eligible.
Any review or decision made by Gymmies Kitchen is final and not open to further correspondence.
Voucher code terms and conditions
Official Gymmies Kitchen voucher codes entitle you to an extra percentage, value or free item (or any other specific terms of the voucher code in question) off your next online order from gymmieskitchen.co.uk.
To claim your discount, you must enter the specific code at the basket page at the time of purchase. Voucher codes can only be used once per customer and household unless stated otherwise. Customers may not create additional accounts in order to use single use codes more than once and Gymmies Kitchen reserves the right to cancel such orders.
Only one voucher code or referral code can be used per order. Voucher codes cannot be used in conjunction with referral codes or other promotions or offers. Voucher codes remain our property and are not transferable. There is no cash alternative.
Unless stated otherwise, voucher codes and other offers are not open to employees of Gymmies Kitchen Ltd, and we reserve the right to withdraw them, refuse or restrict the order at any time.
Voucher codes and/or discounts purchased (or provided) from third party voucher code websites will be subject to any further Terms and Conditions found on the website (or the third party’s website’s email) in question.
When using the Gymmies Kitchen website, an internet connection is required to gain access to the website. If any other costs are caused as a result of internet connectivity through third party companies, we will not be held responsible for such costs.
The content of the Gymmies Kitchen website is trademarked, copyrighted and database protected. You agree that the materials you see and the content that is delivered is a part of our website and shall remain with us and/or our licensors.
You are able to display the content of our website on a computer screen, store content from the website in electronic form, (for example save the domain for future and easy, accessible use). No content can be stored on any networking driver such as a server or any other device that is connected to a network.
You are able to print one copy of content for your own personal use; this must not be commercially used. It is agreed that all of the copyright and intellectual notices are kept attached, apart from this you are not able to: reproduce, modify or copy. You may not distribute for the use of commercial use, any other materials or content on the website.
You may not use the Gymmies Kitchen website for any of the following:
Unlawful, abusive, threatening, vulgar, harmful or obscene material.
Sharing material that encourages usage of a criminal nature, resulting in a civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Accessing computers illegally.
Disrupting other users enjoyment of the Gymmies Kitchen website.
Breach of laws where public telecommunications are concerned.
Interfering / disrupting networks, websites connected to the gymmieskitchen.co.uk website.
Storing electronic equipment without permission from the owner.
Availability of Gymmies Kitchen website
Although we hope that the website is always running constantly for everyone, we cannot always promise that the website will always work as we intend it to work. If you do experience difficulties, please contact us with all relevant details of the fault or issue you are experiencing.
Right to cancel/ suspend your account
Gymmies Kitchen holds the rights to cancel or suspend your account at any time if you breach any of the terms and conditions laid out here. You can cancel the agreement with the website by informing us via writing. Doing this will also have to comply with you ceasing to use the Gymmies Kitchen website when/after cancellation is posted. The cancellation or the suspension of your account will not affect either parties’ rights or liabilities.
Gymmies Kitchen liability
All risks associated with the internet are not of any responsibility of the Gymmies Kitchen website. Although we try to make sure that all of the content on our website is correct, sometimes this may not be the case. We do not hold responsibility.
We will always try our best to make sure the content on the website is correct and accurate at the present date. If this is not the reality then we will try to correct this as soon as we are notified.
In connection with this we would like to state that we are not liable with any of the following:
- If the website is incompatible with your device.
- Technical errors that may occur, such as: Interruptions and faults.
- Unreliable, unsuitable or inaccurate website content.
- The website not being able to meet your demand.
We will not be liable for any damages that are caused to you corresponding with the applicable law. This covers all special or punitive damages that may apply to the usage of the Gymmies Kitchen website.
Nothing in this paragraph excludes Gymmies Kitchen liability of the products sold and death or injury that is caused by negligence of the website.
The contract between us is made when we despatch our product to you as this is when you will be charged and will be when we have confirmed we can meet your requirements regarding the offer.
Third Party Website
We do not take responsibility for any third party websites that you may enter via our website, nor do we take liability for the World Wide Web. The content and materials accessed outside our website are beyond our control.
Advertisers and Sponsors
Advertisers and sponsors that appear on our website are of no responsibility of the Gymmies Kitchen website. These sponsors and advertisers submit information at their own liability. We are not liable for any inaccuracy or errors in their promotions.
Contact Details and Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not accept your statutory rights.
All notices given to you by us must be given to us by email. We may give notice to you at either them email or postal address you provide to us when placing your order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after posting a letter.
Our address for written communication is:
Olympic Business Park
Gymmies Kitchen products have been designed to help you reach your health and fitness goals. Your health is of paramount importance to us and in the case of any adverse reactions, discontinue use of the product and seek medical advice immediately.
The delivery times will be specified when you ‘checkout’ your order. The order will be delivered to the address that you specified. If you made an error in the address we cannot change it for your current order, but you can easily change it via the account section for future orders. We retain the rights to eliminate areas of delivery. Products that are available on special offer can be limited to a ‘set’ amount by us if we feel that other customers access to the products are in jeopardy. If a product you have ordered is unavailable we may send the order to you without that specific product and send it at a later date at or substitute an alternative product. We will always notify you if this is the case, and you have the right to refuse this option.
If the scenario occurs where the products are incomplete or are of bad quality then you must notify us immediately when you receive the products.
It is your responsibility to make sure that a person is present on the day of delivery. If this is not the scenario then you will have the option to leave the parcel in a safe place or with a neighbour. If no safe place is specified and the courier cannot deliver the parcel will be disposed of for health and safety reasons.
If you instruct Gymmies Kitchen that you would like your delivery to be left outside your address, or other location, then we will cease to have any liability to the products that have been left once our courier has delivered your product.
Any restrictions to delivery areas will be found on our Delivery Information section. We aim to fulfil your order within the delivery timescales set out in your confirmation of shipping email or, if no delivery date is specified, then within 30 days of the dispatch confirmation, unless there are exceptional circumstances.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). This includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (but is not limited to) the following:
- Strikes, lockouts or other industrial action
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation of war
- Impossibility of the use of public or private telecommunications networks
- The acts, decrees, legislation, regulations or restrictions of any government
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use all reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
We are confident in our product quality but if for any reason you receive defective goods you must Contact Us immediately. In this scenario we will fully refund your money or re-arrange delivery for a fresh batch of product/s. Your statutory rights will not be affected.
Perishable goods cannot be returned or exchanged for safety reasons and are ineligible from our product guarantee. Perishable goods are not covered by Distance Selling Regulations and cannot be cancelled, however, if you contact us by telephone before 4pm on the day of ordering we will endeavour to process your request.
From time to time we will have special offers available, we hold all of the rights to remove and add these special offers when we see fit without any prior notice. If a special offer does apply to your order then these terms and conditions will apply. We reserve the rights to offer, in complete discretion, different offers to different customers at different times.
The prices that you see on our website include VAT. We will always aim to keep our prices up to date. We understand that errors may occur on our website, in this case we will aim to correct the mistake as soon as possible.
From time to time, optional free gifts may be offered to customers who meet eligibility criteria. Free gifts are offered on a conditional basis. In the event of order cancellation or return, any free gift provided must also be returned.
Fresh produce is not covered by Distance Selling Regulations, cannot be returned and is not covered by our guarantee. As a gesture of goodwill we allow customers to cancel their order at up to 4pm on the day of ordering. Orders are shipped using a 24 hour courier service and you nominate the requested day of delivery. It is your responsibility to ensure that someone is present to sign for the order between 8am and 8pm on the nominated day. Failure to sign for goods may result in your order being returned to the courier depot and it may be unsafe to consume. No refunds will be provided in the event of failure to sign for fresh goods.
Data Protection Statement
We will only use or hold your personal information if you have given us permission. If you do place an order with us, this is verification of you doing so.
The personal information that you do agree to us holding will be continually updated and will be destroyed when the reason for its collection in the first place has ceased to exist. The personal data that you have provided will only be passed to third parties that contribute to delivering the service you have committed to. One example being courier services. They will only be able to use this information to complete their part of the process for you.
Privacy is something that we always respect and we are committed to protecting your information at all times.
More information regarding our Data protection can be found in the Security and Privacy section of our website
Unless expressly stated by yourself, you give us permission to share your personal information with:
- Carefully selected third parties.
- Gymmies Kitchen Ltd.
These options can be changed at any time by contacting Gymmies Kitchen.
These terms and conditions are governed by the Scottish Law and will be settled in Scottish courts if needed.
The entire terms and conditions are an agreement between you and us. They form the entire basis of our relationship. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.