1. GENERAL

www.appliednutrition.uk (“Website”) is intended only for consumers wishing to order Applied Nutrition products (“Products”). The terms and conditions under which the Products are offered for sale on this Website are set out below. By placing an order on the Website you accept and agree to be bound by these terms and conditions. Applied Nutrition reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.

Applied Nutrition is a private Limited Company registered in England No. 09131749, VAT No. GB195023511, registered at Unit AC2 Trio, Acornfield Road, Knowsley Industrial Park, L33 7UG, United Kingdom.

2. PLACING YOUR ORDER

2.1. To place an Order you must be 18 years of age or over, be accessible by telephone and have a valid email address. 

2.2. You may place an order by:

2.2.1. filling in the order form on the Website after logging into or creating your personal account and clicking on the appropriate submission button

Applied Nutrition will not accept orders placed in any way other than those listed above.

2.3. When you place your order, Applied Nutrition will issue you with a Web Order Number. Applied Nutrition will do this via the Website and subsequently via your specified email address. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.

2.4. By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. Applied Nutrition may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled/amended after order submission.

2.5. If Applied Nutrition accepts your order, we will notify you of our acceptance by issuing an order confirmation. Applied Nutrition will send your order confirmation to you by e-mail. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will attempt to contact you by email or telephone or post.

2.6. Please note that the on-screen display of the colours, designs, products may differ from the actual appearance or size of products offered on the Website.

3. SUPPLY OF YOUR PRODUCTS

Subject to these terms and conditions, Applied Nutrition will supply to you the Products indicated on your order confirmation.

4. PRICES

4.1. All prices are in GBP. Prices shall be those prices published on this Website at the time you submit your order. The prices published on the Website are inclusive of VAT where applicable but may be exclusive of shipping costs, which are for your account. These costs will be calculated separately as applicable and specified on the order form and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including shipping.

4.2. If, by mistake, we have under priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we dispatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.

4.3. Delivery costs, where applicable, are payable by you as indicated on your order confirmation.

4.4. Offers cannot be combined. When buying a bundle you cannot add a discount code in the same order.

5. PAYING FOR YOUR PRODUCTS

5.1. You may pay for your Products by the methods of payment as may be displayed at the Website checkout.

5.2. You must pay in the currency as indicated on your invoice.

5.3. If you are paying by credit or debit card, then you must supply your credit or debit card details when you place your Order. Applied Nutrition will not supply the Products to you nor perform the services until your credit or debit card issuer has authorised the use of your card for payment of the Products and/or services ordered. If Applied Nutrition does not receive such authorisation we shall inform you accordingly. Applied Nutrition reserves the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.

6. DELIVERY OF YOUR PRODUCTS

6.1. Applied Nutrition will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by Applied Nutrition are best estimates only and Applied Nutrition shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event that any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by Applied Nutrition.

6.2. Title to and risk of loss in your Products will pass to you on delivery of the Products

6.3. Upon delivery of the Products to the carrier Applied Nutrition will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the order form or by post.

7. EXCHANGES, RETURNS AND REFUNDS

7.1. You may return the Product to Applied Nutrition or cancel the entitlement to services and obtain a refund of the price of the returned Product in line with our ‘Money Back Guarantee’ which is detailed on our website. 

Although you will have to pay the cost of returns, the refund will include the full value of the product nut not the outbound shipping costs.

If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at Applied Nutrition’s request be returned with the product purchased. Applied Nutrition reserves the right to raise an invoice in respect of any free or discounted bundles product not so returned.

7.1.1. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 7 below, please contact Applied Nutrition.

Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure

7.2. If you wish to return a product, please email us at sales@appliednutrition.uk or call +44 0300 303 5344 confirming your order number, details of the product and why you would like to return them.  A representative of Applied Nutrition will be in touch to discuss.

8. WARRANTY

8.1. Applied Nutrition warrants the Products as stated on the Web Site. Specific warranties may apply to certain Products (such as customised Products) as specified on the Website. Should the Product supplied by Applied Nutrition not comply with the applicable warranty we shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by English law Applied Nutrition hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.

8.2. Non Applied Nutrition-branded/Third-party Products For non Applied Nutrition branded Products, all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to Applied Nutrition by phone.

8.3. IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.

9. APPLIED NUTRITION LIABILITY

9.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.

9.2. Save as set out at paragraph 8.3 below, there are no warranties, conditions or other terms that are binding on Applied Nutrition regarding the supply of Products except as expressly stated in the contract.

9.3. Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, Applied Nutrition will not be responsible for ensuring that the Products are suitable for your purposes

9.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

9.5. SUBJECT TO CLAUSE 9.4 APPLIED NUTRITION WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. APPLIED NUTRITION MAXIMUM AGGREGATE LIABILITY UNDER THE CONTTRACT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO APPLIED NUTRITION IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.

9.6. This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.

10. CONTACTING APPLIED NUTRITION ONLINE SHOP YOU CAN CONTACT APPLIED NUTRITION:

• +44 0300 303 5344 between 09am and 05pm Monday - Friday excluding Public Holidays.
• By using the e-mail address sales@appliednutrition.uk.

11. DATA PROTECTION

11.1. Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.

11.2. By placing your order, you agreed and understand that Applied Nutrition may store, process and use the data collected from your order form for processing your order. These data will be treated in conformance with the Applied Nutrition Privacy Policy. If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from Applied Nutrition please follow the update procedure set forth in the Privacy Policy.

12. CIRCUMSTANCES BEYOND REASONABLE CONTROL

Applied Nutrition will make every effort to perform its obligations under the contract. However, it cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

13. DISAGREEMENTS GOVERNING LAW AND JURISDICTION

Applied Nutrition will try to solve any disagreements quickly and efficiently. If you are not happy with the way it deals with any disagreement and you want to take court proceedings, you must do so within the courts of England & Wales. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.

14. GENERAL

14.1. Neither Applied Nutrition failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

14.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.

Applied Nutrition 12 Days of Christmas

1. General information, period of participation
   • These Terms and Conditions provide standardized terms and conditions of competition for each of the 12 (in total) contests organized and hosted by Applied Nutrition Ltd, Acornfield Rd, Liverpool, L33 7UG(hereinafter referred to as “Applied Nutrition”) on the Applied Nutrition Instagram/ TikTok account (“competition account”) between 09:00 CET on 04.12.2023 and 23:59 (11:59 p.m.) CET on 15.12.2023 “12 Days Of Christmas”). The individual contests (hereinafter referred to individually as a “Contest” and collectively as the “Contests”) will take place on:

• 04/12/2023
• 05/12/2023
• 06/12/2023
• 07/12/2023
• 08/12/2023
• 09/12/2023
• 10/12/2023
• 11/12/2023
• 12/12/2023
• 13/12/2023
• 14/12/2023
• 15/12/2023
  • The period of competition for each individual Contest begins at 00 GMT and ends at 23:59 (11:59 p.m.) GMT on the same day.

2. Requirements for participation
   • This competition is open to residents of The United Kingdom>>.aged 18 or over.
   • No purchase necessary; however internet access is required.
   • Minors, employees of Applied Nutrition and its associated companies and their relatives are excluded from competition. Participation in the competition by competition clubs or agencies is not allowed. Automated entries, bulk entries or third-party entries will be disqualified.
   • There is no maximum number of entries, entrants may enter unlimited times for each Contest. Maximum 1 winner for each Contest.
   • Participation is only possible within the period specified in clause 1.

3. Prizes
   • There is 12 prizes to be won consisting of 12x Applied Nutrition and partnering brand bundles.

   Prize Draw No.           Entry period                            Prize Draw Date             Prize Available

• 09:00 GMT – 23:59GMT 04/12/2023                             ABE Bundle
• 09:00 GMT – 23:59GMT 05/12/2023                             Critical Whey Bundle
• 09:00 GMT – 23:59GMT 06/12/2023                       JD Gyms 2x Free Year Gym Membership
• 09:00 GMT – 23:59GMT 07/12/2023                            BODYFUEL Bundle
• 09:00 GMT – 23:59GMT 08/12/2023                            JD Sports £300 Gift Voucher
• 09:00 GMT – 23:59GMT 09/12/2023                            Intra Workout Bundle
• 09:00 GMT – 23:59GMT 10/12/2023                          Clothing Bundle
• 09:00 GMT – 23:59GMT 11/12/2023                       Swizzels Sweets Bundle
• 09:00 GMT – 23:59GMT 12/12/2023                      Signed Ambassador Bundle
• 09:00 GMT – 23:59GMT 13/12/2023                  Hyperice Bundle
• 09:00 GMT – 23:59GMT 14/12/2023                  Yelir World Bundle
• 09:00 GMT – 23:59GMT 15/12/2023                  Wolverson Fitness Bundle

• To enter the competition you must:

1. Follow @appliednutrition on TikTok & Instagram (depending on the platform entered from)
2. Like the post.
3. Comment on the post and tag using ‘@’ 3 other users.

• The winner(s) of each Contest will be drawn at random from all valid and correct competition entries during the Promotional Period. The Prize Draw will be conducted within 10 working days of the end of each Entry Period, except for when the end of a Entry Period falls on a Friday the Prize Draw will be conducted on the following Monday as per the dates in the table in clause 3.1.
• Each winner will be contacted by direct private message on Instagram/TikTok within 10 days of the end of each Contest and will be required to respond to confirm eligibility and acceptance of the Prize, within 2 days of initial contact. In this message notification, the winner will be asked to state their full address so that the prize can be delivered. The prize will be sent by mail within 2 weeks to the postal address provided by the winner at Promoter’ expense.
• In the event that a winner does not respond to the initial contact within 2 days, the Promoter reserves the right to disqualify that winner. If a winner is disqualified, the Promoter reserves the right to award the prize to a reserve selected in the same manner. Reserve winners may have less time to respond.
• The Prizes are not transferable or exchangeable and cannot be redeemed for monetary value or for any other form of compensation. If for any reason any element of a Prize is not available, Promoter reserves the right, at its sole discretion to substitute another prize for it, of equal or greater value.

4. Execution of the Promotion
   • Promoter reserves the right to cancel or end the competition at any time without prior notice and without giving reasons. Promoter may make use of this option if the competition cannot be implemented properly due to technical reasons (e.g. computer system viruses, manipulation or errors in hardware and/or software) or legal reasons. If the competition has to be ended because of the actions of a participant, Promoter is entitled to request compensation from this person for any damages incurred.
   • Promoter reserves the right to exclude participants who violate these Terms and Conditions or try to manipulate the competition through technical means. In case of exclusion from the competition, participants can also be deprived of prizes retroactively and prizes can be demanded to be returned.
   • No responsibility can be taken for entries which are lost, delayed, corrupted, damaged, misdirected or incomplete or which cannot be delivered for any technical, delivery or other reason. 
   • The Promoter will not be liable for any failure to comply with its obligations or any delay in performing its obligations within these Terms and Conditions if an act, omission, event or circumstance occurs caused by (but not limited to) global or regional health crises, weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, epidemic, pandemic, famine, plague or other natural calamities and acts of God, or any other circumstances beyond the reasonable control of the Promoter.
   • The Promoter will not be liable for any delay or failure to comply with its obligations for reasons beyond its reasonable control arising from but not limited to Acts of God, global or regional epidemic or pandemic, adverse weather conditions, fire, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, plague or other natural calamities, or any other circumstances of the Promoter. 

5. Privacy Notice
   • Promoter guarantees compliance with the relevant legal provisions for data protection.
   • Promoter will collect, process and use the personal data of participants as mentioned above, including surname, forename, country of residence, age, email address, and in case of winning the home address, (hereinafter “Personal Data”) exclusively for the purpose and duration of the competition. The participant hereby expressly declares his/her consent to the collection, processing and use of the Personal Data given for the aforementioned purposes.
   • Participant agrees that Promoter is entitled to pass Personal Data to third parties to the extent that this is necessary for carrying out the competition or transferring the prize. Personal Data will only be used for the purpose of fulfilling the prize.
   • Provided no objection is received, if you are a winner, your surname and county of residence or town will be made available on Instagram/TikTok for a period of 2 You can object to your surname or county or residence OR town being published or request for the amount of information being published to be reduced by emailing.
   • Participant may at any time withdraw consent to the usage and/or storage of his/her Personal Data to marketing@appliednutrition.uk

Withdrawal of consent will result in the participant’s exclusion from the competition.

• For full details of how we use personal data, please see our Privacy Notice https://appliednutrition.uk/pages/privacy-policy

6. Miscellaneous:
   • Each winner is responsible for any taxes payable due to the competition as required by local law and indemnifies Promoter in full against any third party claims.
   • If any part/s of these Terms & Conditions are legally ruled to be invalid, illegal or unenforceable, the remainder will not be affected and will continue in full force and effect. 
   • By entering, you will be deemed to have agreed to be bound by these Terms & Conditions.
   • If there is a discrepancy between these Terms & Conditions and those in any promotional material, these Terms & Conditions will prevail. 
   • By entering the promotion, entrants will be deemed to be bound by and have accepted Instagram & TikTok Terms, Instagram & TikTok Privacy Policy and Instagram & TikTok API Terms. Promoter reserves the right to disqualify any entries that have failed to abide by and/or are in breach of these aforementioned terms.
   • This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok. You are providing your information to the Promoter and not to Instagram or TikTok. The information you provide will only be used as stated in these terms and conditions. By entering the promotion, entrants will be deemed to have released Instagram and TikTok from any and all liability arising from their participation in the promotion or out of, pursuant to, or as a result of the carrying out of the promotion.
   • In the case of dispute, United Kingdom/British law shall apply exclusively. To the extent permitted by law, the place of jurisdiction shall be within the United Kingdom.
     
       

7. Mobile Terms of Service

   Applied Nutrition

   Last updated: Jan. 29, 2024

   The Applied Nutrition mobile message service (the "Service") is operated by Applied Nutrition (“Applied Nutrition”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

   By consenting to Applied Nutrition’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Applied Nutrition through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

   You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Applied Nutrition. Your participation in this program is completely voluntary.

   We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

   You may opt-out of the Service at any time. Text the single keyword command STOP to Team AN or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Applied Nutrition mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

   For Service support or assistance, text HELP to Team AN or email customer.service@appliednutrition.uk.

   We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

   The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

   To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

   We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Last updated: 01/12/2023