Terms & Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website https://www.myprotein.com/ ('the Website') and your relationship with:
- The Hut.com Limited (trading as myprotein.com), a company registered in England and Wales under registration number 05016010, whose registered office is at Icon 1 7-9 Sunbank Lane, Ringway, Altrincham, United Kingdom, WA15 0AF; or
- If your purchase is made in Euros (EUR) and payment is made using a debit card, credit card or PayPal, with THG Nutrition Poland Sp. z o.o. GmbH whose registered address is Magazynowa 1 Street, 55-040, Magnice, Poland or
- If your purchase is made in Great British Pounds (GBP) and payment is made using Clearpay, with THG Nutrition Limited (13400484) whose registered address is Icon 1 7-9 Sunbank Lane, Ringway, Altrincham, United Kingdom, WA15 0AF; ('we', 'our', or 'us')
Please read the terms and conditions carefully, as they affect your legal rights and obligations. If you do not agree to these Terms and Conditions, please do not access or use the Website. By ordering our goods or services, you agree to comply with these terms and conditions. It is recommended that you print a copy of these Terms and Conditions so that you have them at your fingertips.
If you have any questions about these terms and conditions, please contact us.
1. Agreement
By using the Website you agree to be bound by these Terms and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
2. Amendments
We reserve the right to:
update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms;
modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and
disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
3. Registration
By using this Website, you warrant that:
you are legally capable of entering into binding contracts;
you are at least 16 years of age;
the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
You will notify us immediately of any changes to the personal information by e- mailing our customer service representatives.
4. Privacy Policy
We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
5. Protecting Your Security
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.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co- operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these Terms 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.
6. Compliance
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to:
upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
upload or transmit through the Website any material which is defamatory, offensive or of an obscene character; and
attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it
7. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
8. Orders
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded ('Dispatch Confirmation'). The contract will relate only to those goods or services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other goods or services which may have been part of your order until the dispatch of such goods or services has been confirmed in a separate Dispatch Confirmation.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.
9. Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.
If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.
10. Price and Payment
All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Dispatch Confirmation).
If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you (if your delivery address is inside the European Union (‘EU’) see ‘Customs clearance responsibilities for EU delivery addresses’) You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing or telephoning our customer service representatives at:
e-mail address: customer.experience@thehutgroup.com
Customs clearance responsibilities for EU delivery addresses
For orders dispatched from the UK only.
For deliveries to addresses within the EU, for legal purposes you are the importer of the goods, and are responsible for any import formalities as well as any duties, tariffs, or taxes which may be charged by any customs authority. However, we have collected these amounts from you as part of your purchase, and by agreeing to these terms, you hereby authorise us to appoint our designated carrier(s) to carry out any required customs formalities on your behalf, including payment of any duties, tariffs, or taxes to the appropriate customs authority. The designated carrier will deliver the goods to you in addition to carrying out the customs formalities on your behalf. These customs formalities will be carried out in different countries depending on the country in which your delivery address belongs, and the carrier used. Your goods will be cleared for customs purposes in one of the following ‘clearance countries’:
DPD
1. Cyprus (for addresses in Cyprus)
2. France (for addresses in France, Austria, Bulgaria, Croatia, Czech Republic, Estonia, Greece, Hungary, Italy, Latvia, Lithuania, Portugal, Romania, Slovakia, and Slovenia)
3. Ireland (for addresses in Ireland)
4. Malta (for addresses in Malta)
5. Spain (for addresses in Spain)
6. The Netherlands (for addresses in the Netherlands, Belgium, Denmark, Finland, Germany, Luxembourg, Poland, and Sweden)
Hermes
7. Belgium (for addresses in Belgium and Ireland)
8. Otherwise, in the country in which your address belongs.
DHL
9. In the country in which your address belongs.
P2P
- The Netherlands (for all addresses)
This means that you will be charged duties, tariffs, or taxes at the rate applicable in the clearance country – these will be paid on your behalf by the designated carrier. These clearance countries are subject to change without notice being provided to you.
By accepting these terms, you consent to us appointing a designated carrier to act on your behalf as described above, and that the designated carrier is acting solely for you as your customs direct representative.
We do not issue tax invoices for shipments to the EU from the UK. Any proof-of-sale document we provide at your request is provided entirely at our discretion, and serves as a record of your purchase only. The document may not comply with the requirements imposed by the tax authorities in your local jurisdiction for the purposes of reclaiming VAT, and we are unable to provide additional documentation in this regard.11. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licencors.
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. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
12. Limitation of Liability
Supply of Goods
(a) Subject to clause 14(b), if we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
(b) Nothing in these Terms excludes or limits our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(iv) defective products under the Consumer Protection Act 1987; or
(v) any deliberate breaches of these Terms that would entitle you to terminate the Contract; or
(vi) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Use of Website
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. 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 this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
13. Severance
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
14. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
15. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
16. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
17. Myprotein Online Price Beater
Must be the same quality of ingredients
Must be in the UK
We must be able to verify the offer
The product must be in-stock and ready to ship that day on the lower priced site. Backorders will not be matched and we do not match prices on items that are out of stock
The product must be a new product, not a clearance item and not reduced due to being damaged or out of date
Other coupons and promotional codes may not be used with price matches
The price beat must be completed BEFORE you order the product from us. No price match requests will be honoured retrospectively
We reserve the right to exclude 'special offers'
We can only price beat single products and not a combination of products
The company must have been trading for at least 6 months and able to take online payments otherwise it will be left to our discretion
Must be like-for-like (size, flavour and quality). Pro rata price beats are strictly at our discretion.
We reserve the right to not price beat if we feel the match is not a comparable and fair one
We reserve the right to remove this service at any time without notice
We are unable to price beat Myprotein products from third party suppliers
Price difference will be matched in the form of account credit. Credit will remain present on the account for 7 days from the time it was applied
Price Beater applicable to products after the promotional discount/offer has been applied to the products
Our decision is final
18. Reviews
If you submit a review, you grant us a non-exclusive, royalty-free,perpetual, irrevocable, and fully sub-licensable right to use, reproduce,modify, adapt, publish, translate, create derivative works from, distribute,and display such content throughout the world in any media.
You grant Myprotein and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Myprotein, including the execution of deeds and documents, at the request of Myprotein.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Myprotein:
The content and material is accurate;
Use of the content and material you supply does not breach any applicable Myprotein guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Myprotein for all claims brought by a third party against Myprotein arising out of or in connection with a breach of any of these warranties.
Winners of the review promotion will be notified by email.
19. All Competitions
We reserve the right to amend these Terms without notice from time to time.
These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of any The Hut Group company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.
Competitions are only open to residents of the UK (excluding Northern Ireland).
All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.
Entrants are liable for their costs to access computer networks.
We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.
Prizes
If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
Only one prize will be awarded per household.
There will be no cash or other alternative to the prize offered and prizes are not transferable.
Notification
The winner's name will be selected in a random draw, after the closing date, from all correct answers received.
The winner of a prize will be notified within 28 days after the winner has been ascertained.
Please allow 28 days for delivery of all prizes.
If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.
For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.
The names of the winners may be published on our Website and/or on our Facebook, Twitter or any other social media platform.
Claiming Prizes
Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.
Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.
The prize cannot be exchanged, refunded or transferred. No cash alternative is available.
The Promoter reserves the right to disqualify without notice any entries that it believes are fraudulent.
The Promoter’s decision is final and no correspondence will be entered into.
The Promoter reserves the right to change these terms and conditions at any time (and any such change shall be notified to you by text).
Entry into the prize draw will be taken as acceptance of these terms and conditions. The prize draw and these terms and conditions are governed by English law and subject to the exclusive jurisdiction of the English Courts. Promoter: The Hut.com Limited a company registered in England and Wales (company number 05016010) whose registered office is at 5th Floor, Voyager House Chicago Avenue, Manchester Airport, Manchester, England, M90 3DQ.
20. Referral Scheme
Subject to the terms set out below, you may earn ‘credit’ for use on this Website by referring a new customer(s) to us through our referral scheme by sharing the referral link and/or referral code we provide to you (the “Referral Scheme”). You are only eligible to participate as a ‘referrer’ in this Referral Scheme if you have previously placed an order on the Website.
A new customer is a natural person who has not previously placed an order with us (a "Referee"). If the Referee has an account on the Website but has not previously placed an order on the Website then they are entitled to participate in the Referral Scheme through the ‘referral link’ only. If the Referee already has an account on the Website then they will be unable to participate in the Referral Scheme using a ‘referral code’ (regardless of whether they have previously placed an order).
If the Referee has clicked through your referral link the discount code will automatically be applied at checkout. If the Referee is using a referral code, the Referee must enter this code at checkout.
For the avoidance of doubt, any credit generated from the Referral Scheme may only be spent on the Website and neither you nor the Referee is entitled to receive any payment of any kind in respect of the credit. The credit is not redeemable for cash. The credit that stands to your Referral Scheme account is not transferable in any way.
You will receive the applicable credit on your account 24 hours after despatch of the Referee's order. If the Referee cancels their order for any reason within 3 days of it being despatched, you will not qualify for any credit. You will receive your credit in the default currency of the Website.
Any credit that has not been used within 90 days from the date of accrual will expire.
The Referee must place an order with a value of at least the minimum value as stated on the Website from time to time.
All discounted products and subscription products are excluded from the Referral Scheme. If you are participating in the Referral Scheme, you will be unable to participate in any affiliate schemes, cash-back offers and/or any other promotions of this nature.
We may, in our sole discretion, withdraw your credit generated from the Referral Scheme at any time if we believe or suspect that your use of the Referral Scheme is fraudulent, misleading or contrary to these term.
21. Gift Vouchers and Credit
The Myprotein Gift Voucher can be used to buy any item sold by www.myprotein.com. Our terms and conditions [http://www.myprotein.com/customer-services/terms-and-conditions.list], together with the terms and conditions below.
I am the recipient of a Gift Voucher, how do I redeem it?
Gift Vouchers can be used to purchase any product on www.myprotein.com. Select the item(s) you wish to order and add them to your basket. To apply your Gift Voucher, enter the electronic voucher code you received in the ‘Discount Code’ box and click the ‘Add’ button. This will then apply the voucher to your order. Then proceed to the Checkout as normal.
What are the restrictions?
You can only use one voucher per order and no change will be issued if the full value of the voucher is not used in the order.
Gift Vouchers are valued and issued in GBP Pounds.
You cannot use your Gift Voucher in conjunction with any other discount code.
I have paid for an order using a Gift Voucher. What happens if I want to return my order?
For orders which are refunded, the refund will be issued via the same payment method as used to pay for the order. Therefore if you have paid, or part-paid, for an order using a Myprotein Gift Voucher any refund will be issued in Gift Vouchers to the same value.
Risk and Loss
The risk of loss and title for a Gift Voucher shall pass to the recipient upon our electronic transmission of the Gift Voucher to them or a designated recipient, whichever is applicable. We are not responsible if any Gift Voucher is lost, stolen, destroyed or used without your permission.
Fraud
We will have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Voucher is redeemed and/or used to make purchases on www.myprotein.com.
Credit
Any credit will be valid for 6 months from the date of issue.
22. Site Offers
Maximum Discount
Maximum discount will be £500 per order if not otherwise stated. Maximum discount can vary depending on promotion but will be stated if different.
Site/Selected Item Discounts
Discount applied at basket, excluding free gifts and other promotional items. Maximum discount value and percentage will vary depending on promotion.
Tiered Discounts
Discount given when offer requirements are met. Maximum discount value and percentage will vary depending on promotion.
Declining Discounts
Discount percentage decreases periodically over time, as stated. Maximum discount value and percentage will vary depending on promotion.
Was/Now Pricing
Discount automatically applied to products as shown on product pages. In some instances, Was/Now pricing may stack with an offer code, however this is dependent on promotion.
Free Gifts
Gift(s) automatically added to basket when offer requirements are met. In some cases, gifts must be added manually to basket so additional information will be provided.
Free Delivery
Applied at checkout, discount will equal specific country delivery costs. Shipping to other countries may still incur a charge.
Multi-Buy
Discount applies to the cheapest in-basket item that meets the promotional requirements.
Exceptions
Gift vouchers, the Vitality range, and other specifically stated items are exempt from discount. We reserve the right to amend the list of exempt products at any time. Only one discount code can be applied per basket.
23. Subscription Plans
a. You may choose to subscribe to a subscription plan through the Service. The subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into a subscription plan, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.
b. We offer two forms of subscription plan: (1) a rolling subscription plan, and (2) a limited time offer, fixed term subscription plan.
c. In relation to all rolling subscription plans:
i. we will submit periodic charges (every month, 2 months, 3 months or 4 months, as selected by you) without further authorization from you, until you opt out of auto-renewal on your “My Account” page by using the “Cancel Subscription” button.
ii. the initial payment for your subscription order will be taken at the time of checkout. Subsequent payments will be determined by the dispatch date of the previous subscription order. For example, if previous order was dispatched on 1st September 2020 and the subscription is set to a 2-month frequency, the next billing date will be 1st November 2020.
iii. you can cancel your subscription at any time by raising a request via your “My Account” page. Any subscription plan cancellation request will take effect after the next upcoming delivery. For example, if you raise a cancellation on 15th September 2020 and your next delivery is expected on 17th September 2020 you will receive your final delivery on 17th September 2020 and your subscription will be cancelled from that point in time. Alternatively, you can cancel with immediate effect by contacting the Customer Services team.
d. Limited time offer, fixed term subscription plans allow subscribers the opportunity to receive certain products at a reduced monthly rate, provided that the subscription plan is locked in for the duration of the prescribed period. With these subscription plans:
i. your initial subscription period will be a fixed one, three, six or twelve month subscription (depending on the individual offer) and will be automatically renewed for a further fixed term of the same length. You may opt out of the automatic renewal before the 25th day of your expiration month via the “My Account” page by using the “Cancel Subscription” button.
ii. each fixed term subscription is classed a single sales contract for regular delivery of goods, and so you are only entitled to receive a refund if you cancel your subscription with us within 14 days from the day on which you acquire physical possession of your first order under the plan (“Cooling Off Period”). After the Cooling Off Period you cannot cancel, and your subscription will remain valid for the duration of the fixed term.
iii. any time limited price promise guarantees only apply to subscription orders placed whilst the guarantee is available. All price promise guarantees offered to subscribers (including both the duration of the guarantee and price offered), remain subject to our discretion.
e. All orders are subject to availability. If your subscription order is not available, we may offer you a reasonable substitute. You will be notified of any substitute items by e-mail (or by other means if no e-mail address has been provided) prior to delivery, where possible, and you will have the option to either accept the item, to pause or to cancel your order. If you are not happy with the substitution supplied, please contact the Customer Services team.
f. You have the option to delay your subscription order by a month, provided notice is given at least 5 days before your next billing date. Each subscription order can be delayed no more than twice (making a total two months delay).
g. Subscribe and save discounts may be available. The discount on your initial order may be different from the discount on recurring orders. Special offers will not apply on top of any subscribe and save discount, except where it is relates to meeting a spend threshold.
i. The delivery options which you select for your first subscription order will apply for all subsequent subscription orders. Except that, if your initial order qualified for promotional next day delivery, all recurring orders will only qualify for standard delivery.
j. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
24. Your Rights
You have certain rights in respect of your personal data, including the right to access and correct your personal data, and, in specific circumstances, to transfer your personal data to another entity in a commonly-used format.
You have the right to object to your personal data being used for certain purposes, including to send you marketing. See ‘Marketing’ above, for more details of how to opt-out of marketing.
You also have the right to request erasure of your personal data, for example; where our purposes for processing your personal data have come to an end; where you object to our processing of your personal data based on legitimate interests and we have no overriding legitimate grounds to continue to process your personal data; and where our processing was based on your consent which you have withdrawn.
We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request. To make any requests regarding your personal data, or if you have any questions or concerns regarding your personal data, you should contact us using the details below. You are also entitled to contact your local supervisory authority for data protection.
25. Social Media Content Use Terms and Conditions
a. By permitting The Hut.com Limited (registered in England and Wales under company registration number 05016010) whose registered office is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ or any other member of The Hut Group (“we”, “our” or “us”) to use particular Content (by affirmatively answering a request from us or on our behalf on social media or otherwise indicating your agreement for to use your Content), you agree to be bound by these Social Media Content Use Terms and Conditions (“Terms”).
b. In these Terms “Content” refers to the photo and/or video, including any sound and accompanying text, posted through your account on social media, accompanying metadata such as time and place of creation, your user name, and links to your social media profile.
c. You grant us a right to use and display the Content, in any media, worldwide, for any lawful commercial purpose, in original or edited form, including without limitation: on our social media accounts, websites, blogs, digital displays, advertising (organic and paid), and generally in the promotion of our products or services. Such rights also extend to our group companies, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of us.
d. The rights that you grant to us to use your Content are perpetual and irrevocable and you may not cancel or withdraw your permission for us to use your Content. However, this does not affect your or any other person’s rights in relation to personal data as referred to below.
e. The rights you grant to us are non-exclusive and (subject to our rights) you retain all rights to use the Content for your own purposes. We will not pay any royalties or compensation to you or any third party for use of the Content. Use is at our discretion and we are not obliged to use your Content in any particular way or at all.
f. You agree that you do not have any right to review, approve, or object to our use of your Content or advertising copy, or to be identified as the author/creator of the Content.
g. By agreeing to these Terms you represent and warrant to us that:
(1) the Content is your original work and you own it and all intellectual property rights in it and have all necessary rights to grant us the rights set out in these Terms (including in relation to copyrights, trademarks, private or public buildings, performances, sounds, and music) or, if you are not the owner of such rights, you have already obtained permission from the owner of such rights, and will inform us if this is incorrect or such permission is withdrawn at any time;
(2) our use of your Content as provided herein will not infringe intellectual property, privacy, image, performance, or publicity rights, or any other rights of any third party, require the payment of any compensation to any third party, or breach any applicable laws;
(3) nothing in your Content will be illegal, defamatory, obscene, or threatening to any third party; and
(4) you are aged 18 or over and have the right to agree to these Terms.
h. You will indemnify and keep us indemnified in full from and against any and all liability, loss, damages, injury, costs and expenses (including increased administration costs and reasonable legal expenses) awarded against, or incurred or paid by us as a result of or in connection with the Content, including without limitation for breach of intellectual property, data protection, privacy, image, performance, or publicity rights.
i. The Content may contain information about you or identifiable individuals which constitutes personal data under applicable laws.
j. By agreeing to these Terms you give your consent to the processing of such personal data by us (including any third party service providers that we engage for such purposes, as referred to below) for the purposes set out in these Terms.
k. Where any personal data relating to any other person appears in the Content you warrant that you also have obtained their consent for the processing of such personal data.
l. We will process personal data included in the Content or otherwise provided to us in connection with our use of the Content in accordance with all applicable data protection laws and our website privacy policy.
m. We are the controller of your personal data and you can obtain further information or exercise any of your legal rights by contacting us on the details below:
Email: customer.experience@thehutgroup.com
Address: Customer Services, Meridian House, Gadbrook Park, Cheshire, CW9 7RA
n. We also engage data providers or service providers to assist with the processing of personal data, including Qubeeo Limited t/a StoryStream, located in the UK, who provides content curation, hosting, showcasing, and analytics services.