Terms & Conditions

Terms and Conditions

These are our general business terms and conditions (“Terms”) between Go Lower Limited (“ Go Lower”) and any person who buys any product or products  from Go Lower or who subscribes to our mailing list or forum  or joins any diet programme offered by Go Lower (“the Customer / you ”). Please read them carefully.

Timing

The following Terms shall apply at the point in time when you subscribe to the mailing list or join a forum or make an order for goods and or services or apply to join any programme.

Personal Data

The personal information provided by you is provided by you for the purpose of joining the forum or ordering goods or subscribing to our mailing and you consent to its use for those purposes.

Password and Security

If you register to become a member of the Go Lower web site or join any programme you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password, you should notify Go Lower immediately. Please see our website for contact details: www.golower.co.uk

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

Intellectual Property

The content of the Go Lower site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Go Lower site 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. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Go Lower site without expressed written permission from Go Lower. No license is granted to you in these Terms and Conditions to use any trade mark of Go Lower or its affiliated companies.

Suspension and Cancellation of Membership

Go Lower may suspend or cancel your membership to any golower forum or programme  immediately at our reasonable discretion or if you breach any of your obligations under these Terms.

Third Party Websites and Advertising

As a convenience to Go Lower customers, our site may include links to other web sites which are beyond its control. We are not responsible for content on the Internet or World Wide Web pages on any other site or publication outside our site. Part of our site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our site complies with relevant laws and codes and Go Lower will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Health - Caution In Use Of The Site

Go Lower strongly recommends that you should seek medical advice before starting any weight loss or nutritional programme. The information on the Go Lower site 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.

The Go Lower site 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 Go Lower site does not constitute advice tailored to an individual’s specific requirements.

Orders and Contractual Conclusion

Your order or request to join any programme constitutes an offer to Go Lower . If you submit an order to Go Lower or apply to join any programme we will send you an e-mail which states that we confirm the receipt of your order and your request to join the programme and it will specifies the order for product or the programme but this does not constitute an acceptance of your offer. It Is simply a notification that we have received your order and or request. An order or a request to join a programme is only accepted by Go Lower when we ship product to you and or send products pursuant to the programme and we confirm that shipment to you . No contract shall exist for products from one and the same order which are not specified on the delivery confirmation.

In the event of orders made by telephone the purchase contract shall be concluded upon delivery by Go Lower of product or product pursuant to a programme.

Delivery Terms and Conditions

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.If a delivery to you is not possible because no one is available for signature the goods 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.

In the event that the goods are not delivered due to lack of signature or failure to collect Go Lower shall not be liable for (1) any further deliveries or (2) any refund of any monies paid for the order. Your legal claims shall remain unaffected.

With regards to orders which are submitted by no later than 12.30 pm., we will endeavour to ship the ordered goods to the designated delivery address within one working day. 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.

With the shipping confirmation, the Customer 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 customers 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 customer will be charged for the shipping cost and a VAT inclusive handling fee which will be stated in the customer’s invoice.

Right of Return

In the event that the right of return is exercised you shall be obliged to make the return shipment. The return shipment of the goods must be made to:

Go Lower
Returns Department
45 Tower Street
Edinburgh
EH6 7BN

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.

In the event that all of the aforementioned conditions for the return of the goods are fulfilled, Go Lower shall refund the full purchase price of the product to the Customer (“refund sum”). 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.

The Customer shall assume all costs related to shipment, return shipment and the handling fee unless the delivered goods do not correspond to the ordered goods. 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.

Cancellation / Termination

If you chose to join any Go Lower Program and pay on a weekly basis you have the right to cancel the programme in the following way:-

• Following delivery of any Starter Pack ( as defined on our website) you will have 48 hours from delivery of the Starter Pack to terminate your membership and this can only be done by phoning 08452260420 . If notification of Termination is made within the 48 hour period the Termination will be immediate and no further sums will be taken from your credit or debit card. In the event that you do not notify us within the 48 hour period the provisions set out below ( 7 day notice period) will apply.

• After the first 7 days on any programme you may terminate membership at any time on 7 days notice by ringing 08452260420. Any sums due for any product already supplied and or dispatched to you prior to the giving of notice  will be deducted from your credit or debit card but no further product or packages  will be dispatched during the notice period.

If you chose to join any Go Lower programme using any bulk payment offers the right to cancel / terminate will not apply.

Liability for Defects, Complaints and Warranties

Although Go Lower will use reasonable skill and care in providing the Go Lower site and Go Lower products it gives no other warranties or guarantees in relation to the Go Lower site. The Customer must bear the risks associated with the use of the Internet.

The Go Lower site provides content from other Internet sites or resources and while Go Lower tries to ensure that material included on the Go Lower site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Go Lower 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 Go Lower site. If Go Lower is informed of any inaccuracies in the material on the Go Lower site we will attempt to correct the inaccuracies as soon as we reasonably can.

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

      0.      incompatibility of the Go Lower site with any of your equipment, software or telecommunications links

  0.      technical problems including errors or interruptions of the Go Lower site; unsuitability, unreliability or inaccuracy of the Go Lower site;

  0.      inadequacy of the Go Lower site to meet your requirements.

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.

Nothing in these Terms and Conditions shall exclude Go Lower’s liability for personal injury or death caused by its negligence.

If the purchased product is found to be defective upon delivery to the Customer, Go Lower should be notified immediately. The return of any defective products should adhere to the Returns Policy noted on the Go Lower website:www.golower.co.uk/returns. The assignment of these claims by the Customer is excluded. A complaint cannot be asserted if the defect was created due to improper use or storage of the goods upon the part of the Customer. Go Lower shall not be liable for defects which have been caused by force majeure.

If the Customer does 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.

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.

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

The Customer 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. 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 Customer may at any time object to the aforementioned use and processing of the data by notifying Go Lower.

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 Customer hereby grants its consent to this when its order is made. The Customer 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.

Final Provisions, Legal Venue, Applicable Law and Miscellaneous

On Registration at the Go Lower web site you hereby agree to be bound by these Terms and Conditions.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

We may update these Terms and Conditions 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 Go Lower site. If you continue to use the Go Lower site after the date on which any changes come into effect, your use of the Go Lower site indicates your agreement to be bound by the new Terms and Conditions. If you do not wish to accept the new Terms and Conditions you should not continue to use the Go Lower site and, if applicable, you should cancel your membership (the original Terms and Conditions applying up to the date of cancellation).

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.

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.

By means of his/her order and or registration or joining any programme at the Go Lower site, the Customer also declares his/her agreement with these General Business Terms and Conditions.

These Terms and conditions may change from time to time

Applicable Law

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