82e3d4e4-8a09-4f71-9a39-c8ba2398b585 Terms & Conditions | LowKal

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Terms & Conditions

Terms & Conditions

We want you to be happy with the goods that you purchase and with the service that you receive from us. These are our conditions of sale and you should read them carefully as they apply to your order.  We ask you to review your order and accept these terms and conditions of sale during the process.

The website www.lowkal.co.uk ("the website") is owned and operated by Low Calorie Store Limited, trading as LowKal. References to "we", "us", or "our" are references to Low Calorie Store Limited. We are a company registered in England and Wales (company number 12587725), our VAT number is 350 9070 14 and our registered office and address for correspondence is:

Unit 14 Bakers Yard,
Gosforth,
Newcastle upon Tyne,
NE3 1XD
Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

Changes to Terms and Conditions

We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 5th May 2020.

Other applicable terms

In addition to these Terms and Conditions our Privacy Policy also applies to your use of the website and is, where relevant, incorporated by reference into these Terms and Conditions.

In addition, Terms and Conditions relating to our subscription service website are, where relevant, incorporated by reference into these Terms and Conditions.

Interpretation

In these terms and conditions:
  • "we" means Low Calorie Store Limited trading as LowKal; and
  • "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly

Website use

You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website.

You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.

All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.

You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.

You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.

The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined below) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at hey@lowkal.co.uk.

Intellectual property rights

Website

All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.

"User Material" refers to all information and content that a user submits or enters to the website (including text, files, images, photos, video, sounds and musical or literary works). If you provide us with any feedback, reviews, suggestions, ideas or information (including your User Material) regarding the website or our service ("Feedback"), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any Feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.

External Links

From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.

If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.

Availability of website

Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can.

Order process

The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

No contract will come into force between you and us until we accept your order.

To enter into a contract through this website to purchase products from us, the following steps must be taken:

    • You must add the products you wish to purchase to your basket.
    • You will then need to go to your basket and follow the on-screen steps (including providing payment and delivery information) to complete your order.
    • Our order process allows you to check and amend any errors before submitting your order to us. Orders may be processed as soon as they are received so you may not be able to change or cancel an order once it has been confirmed. We cannot accept responsibility if incorrect details are given.
    • We will then either send you an order confirmation by email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order
    • Subscriptions should be ordered, managed and cancelled by registering and logging into our website www.lowkal.co.uk.

Products

All products shown on our site are subject to availability. If any product you have ordered is not available, we will contact you to let you know and will refund your payment.

The images of the products on our site are for illustrative purposes only and your products may vary slightly from those images.

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

We will provide you with information about each product's ingredient and nutritional information. We will also let you know if a product contains any of the following listed ingredients/substances which may affect people with allergies or intolerances:

    • Cereals containing gluten and gluten products;
    • milk/lactose;
    • eggs;
    • nuts (i.e peanut, almond, hazelnut, walnut, cashew, pecan nut, Brazil nut, pistachio nut, macadamia nut and Queensland nut);
    • soya or soybeans;

This information will also be shown on each product's "ingredients" on our website.

The ingredients, nutritional qualities, allergens and other specifications of the Goods are as advised to us by the manufacturer and are not guaranteed by us.

Prices

Our prices are quoted on our website.

Prices for our products are as quoted on our site and may change from time to time, but changes will not affect any order after we have dispatched the products relating to that order.

All amounts stated in these terms and conditions or on our website are stated inclusive of VAT where applicable.

Our Website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. We will normally verify prices as part of our order procedures. If a product's correct price is higher than the price stated on our website we may at our discretion reject your order without liability to you and notify you of such rejection. We are under no obligation to supply products to you at an incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a pricing error.

In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you as part of the checkout process and before the order is confirmed.

Competitions

We are the promoter of all competitions launched via our website and/or social media platforms.

Our competitions are open to residents of the United Kingdom aged 16 years or over except employees of Low Calorie Store Ltd (or associated companies) and their close relatives and anyone otherwise connected with the organisation or judging of the competition. One entry per person.

There is no entry fee and no purchase necessary to entering our competitions.
By entering our competitions, an entrant is indicating his/her agreement to be bound by these terms and conditions.

By entering into our competitions, you are opting into receiving marketing communications from Low Calorie Store Ltd. We will treat your data with care and respect and will never sell it on to other companies for marketing purposes. You can choose to opt out of this marketing at any time.

The opening & closing time and dates for entries is specified in the competition launch advertisement. After the date specified, you will still be signed up to our newsletter but your entry will not be counted.

Any entries deemed fraudulent will not be entered in the competition.

Low Calorie Store reserves the right to extend, change or withdraw any competition at any time without the need for prior notice.
The rules of each of our competitions and how to enter are as specified in each launch advert.

We reserve the right to cancel or amend our competitions and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to our competitions will be notified to entrants as soon as possible by the promoter.

We are not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

The prize is as stated within the competition launch advertisement and no cash or other alternatives will be offered. The prizes are non-transferable.

Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. Purchases made using the prize can only be refunded for credit and not cash or any other alternative. This prize excludes returns charges.

The winner will be chosen at random and will be contacted privately via email/phone/social media.

If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

We will notify the winner when and where the prize can be redeemed.
Our decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

By entering a competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of English.

The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

The winner’s name will be available 28 days after closing date by emailing the following address: hey@lowkal.co.uk

Entry into a competition will be deemed as acceptance of these terms and conditions.

Our promotions are in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, Twitter or any other social network. You are providing your information to Low Calorie Store Ltd and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.lowkal.co.uk/pages/privacy-policy

Low Calorie Store Ltd decision as to those able to take part and selection of winners is final. No correspondence relating to any competition will be entered into.

Low Calorie Store Ltd shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.

Low Calorie Store Ltd also reserves the right to cancel our competitions if circumstances arise outside of its control.

Free or discounted offers

Except where otherwise stated, discounts, credits and rewards are available only once to any one person.

Except where otherwise stated, discounts, credits and rewards cannot be used in conjunction with any other offers.

You must have internet access and valid payment details to redeem a free or discounted offer.

We reserve the right to vary the conditions of use or to withdraw vouchers, discounts, credits and rewards at any time.

Payments

You must, during the checkout process, pay the prices of the products you order.
Where the PayPal option is selected, payment services are provided by PayPal.

Payment is taken for all orders prior to the order being dispatched so please ensure that all details given to us are correct.

We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given nor can we accept responsibility if incorrect address details are given and the order sent to an incorrect address.

Deliveries & returns

Information on deliveries & returns can be found here https://www.lowkal.co.uk/pages/delivery-returns

Warranties and representations

You warrant and represent to us that:

    • you are legally capable of entering into binding contracts;
    • you have full authority, power and capacity to agree to these terms and conditions;
    • all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
    • you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
We warrant to you that:
    • we have the right to sell the products that you buy;
    • the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
    • you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
    • the products you buy will correspond to any description published on our website; and
    • the products you buy will be of satisfactory quality.
All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Clause ‘Limitations and exclusions of liability', all other warranties and representations are expressly excluded.

        Limitations and exclusions of liability

        Nothing in these terms and conditions will:

          • limit or exclude any liability for death or personal injury resulting from negligence;
          • limit or exclude any liability for fraud or fraudulent misrepresentation;
          • limit any liabilities in any way that is not permitted under applicable law; or
          • exclude any liabilities that may not be excluded under applicable law,
          • and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
        The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
          • are subject to, the previous Section of clause ‘Limitations and exclusions of liability’; and
          • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
        We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

              Assignment

              You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

              No waivers

              No breach of any provision of a contract under these Terms and Conditions will be waived except with the express written consent of the party not in breach.

              No waiver of any breach of any provision of a contract under these Terms and Conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

              Severability

              If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

              If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

              Third party rights

              A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party except where a third party acts on our behalf at our request and with our express written consent.

              The exercise of the parties' rights under a contract under these Terms and Conditions is not subject to the consent of any third party.

              Entire agreement

              Subject to clause ‘Limitations and exclusions of liability’, these Terms and Conditions, together with the documents described in Clause ‘Limitations and exclusions of liability’, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

              Law and Jurisdiction

              These Terms and Conditions shall be governed by and construed in accordance with English law. Any disputes relating to these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

              Statutory and regulatory disclosures

              We will not file a copy of these Terms and Conditions specifically in relation to each user or customer. We recommend that you consider saving a copy of these Terms and Conditions for future reference.

              These Terms and Conditions are available in the English language only.

              Contact us

              If you have any questions or concerns about our terms & conditions, or about any part of our service we are always happy to help.

              You can email us: hey@lowkal.co.uk or write to us at:

              Unit 14 Bakers Yard,
              Gosforth,
              Newcastle upon Tyne,
              NE3 1XD

              If you ​have been in touch and ​​are unhappy with ​our final resolution, ​you can refer your complaint to an Alternative Dispute Resolution ("ADR") provider.  Although we have no obligation to use an ADR provider, you can call the UK ADR Helpdesk on 03454 04 05 06 for further assistance.
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