Terms & Conditions
This page provides important information about product and income testimonials and trademarks. You may also be interested in our shipping policies or the payment information page.
ABOUT THIS SITE
This individual website belongs to Ferne McCann, who is independently responsible for the fulfilment of any orders placed.
To contact Ferne McCann please see the contact page on this shop.
This site has been prepared by and is the responsibility of independent distributors. It has not been created by and is not endorsed by Herbalife. To contact Herbalife please use the links at the bottom of this page.
TRADEMARKS AND COPYRIGHT
Unless otherwise stated all trademarks, registered trademarks and product brand names are the property of Herbalife International of America, Inc.
LEGAL STATEMENTS
Please consider the following statements regarding weight loss results and income testimonials used on the site.
WEIGHT-LOSS AND PRODUCT RESULTS
Herbalife products are effective when used in conjuction with a calorie controlled eating plan and weight loss will depend on your personal metabolism.
Herbalife programmes are based upon, amongst other things: a balanced healthy diet, regular exercise, an adiquate daily fluid intake, appropriate supplementation and sufficient rest.
Herbalife products are not designed to diagnose or treat any medical condition.
The weight loss testimonials presented are applicable to the individuals depicted and are not a guarantee of your weight loss nor are they necessarily typical.
THE HERBALIFE BUSINESS OPPORTUNITY
When considering and comparing business opportunities, it is important to understand the following statements.
Incomes are applicable to the individuals presented and are not a guarantee of your income, nor are they necessarily typical. Any earnings will depend on factors including your business skills and the effort and time you put into the business.
It is illegal for a promoter or a participant in a trading scheme to pursuade anyone to make a payment by promising benefits by getting others to join a scheme. Do no be mislead by claims that high earnings are easily achieved.
This offer of the Herbalife Business Opportunity is made by Herbalife Members
Ferne McCann,
Independent Herbalife Distributor
Johal & Company
2B Suttons Lane,
Hornchurch,
RM12 6RJ
The provider of the business opportunity is -
Herbalife (U.K.) Limited,
The Atrium, 1 Harefield Road,
Uxbridge, Middlesex, UB8 1HB
United Kingdom.
Goods sold are nutrition, personal care and cosmetic products.
Transactions are effected by participants as principals.
You may wish to read the Department of Trade and Industry's Trading Schemes Guide.
YOUR PRIVACY ON THIS SITE
Please consult our privacy policy for details about how any information provided through this site will be used.
30 DAY MONEY BACK GUARANTEE
Please see the payment information page.
PRODUCT SAMPLES
Samples are sent out at the distributor's discretion. Requesting a sample does not guarantee you will receive one. Usually distributors will send no more than one sample per household.
USEFUL CONTACTS
Herbalife International of America, Inc. (official website)
Herbalife UK (official website)
The UK Direct Selling Association (DSA) (official website)
Department for Business Enterprise and Regulatory Reform (official website) - formerly the Department of Trade and Industry
This page tells you information about us ( Ferne McCann, Independent Herbalife Distributor, Johal & Company, 2B Suttons Lane, Hornchurch, RM12 6RJ ) and the legal terms and conditions (Terms) on which we sell any of the Goods listed on our website to you. Your statutory rights are not affected by anything contained in these Terms.
Before ordering any Goods from our site please read these Terms carefully and make sure that you understand them. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
We amend these Terms from time to time every time you wish to order Goods, please check these Terms to ensure you understand them.
These Terms, and any Contract between us, are only in the English language.
Definitions“We”/”us” means Fernutrition, the seller of the Goods. “You”/ “Your”/ “Customer” means the customer action as a consumer.
“Dispatch Confirmation” means the date on which we e-mail you to confirm dispatch of Goods.
“Goods” means the items which we agree to sell you.
Contacting usIf you wish to contact us for any reason including complaints, you can contact us by emailing us at support@furnutrition.com
If we have to contact you or give you notice in writing, we will do so by e-mail.
Terms of saleThese terms shall apply to all contracts for the purchase of Goods by you from us, to the exclusion of all terms and conditions which you may purport to apply under any sales offer or purchase order. These terms supersede all previous agreements and understandings between us.
We amend these terms from time to time.
Every time you order goods from us, the Terms in force at the time of your order will apply to the contract between you and us.
We may revise these terms as they apply to your order from time to time.
Placing an order
All orders are subject to acceptance and availability. When placing an order you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Goods.
After you place an order, you will receive an order confirmation email from us acknowledging that we have received your order. This email is not an acceptance of your order, just a confirmation that we have received your order.
We will confirm our acceptance of your order to you by sending you an email that confirms that the Goods have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation. Only Goods dispatched will be included in the Contract.
When placing your order we carry out a standard pre-authorisation check on your payment card. Payment will not be taken until your order has been accepted and a Dispatch Confirmation been sent.
If you cancel your order prior to dispatch we will release the hold. Please note that your bank may take up to 30 days to release the pre-authorised funds.
We may choose not to accept your order in our discretion for any reason whatsoever without liability to you. Examples of when we may not accept your order include when the Goods ordered are out of stock or are incorrectly priced or do not satisfy our quality control standards, or where payment has been declined. We will inform you if we choose not to accept your order by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible. In the unlikely event that an Item from your order is unavailable, it will not be substituted for an alternative product and you will not be charged for the Item.
Refunds, Exchanges and ReturnsPlease see out Returns & Refunds page for more information.
Price of Goods and Delivery ChargesThe prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
For orders placed to ship within the UK, all prices shown include the applicable UK VAT. If your order is being delivered outside the UK (which includes the Channel Islands), VAT will not be charged, however the selling price will remain the same. If the rate of any applicable VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Items in full before the change in VAT takes effect. All orders are shipped from UK on a DDU (Delivery Duty Unpaid) basis. You will be responsible for payment of any import duties, clearance fees and any other additional charges, taxes that may be applicable.
The price of an Item does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our delivery page.
Our site contains a large number of Items. It is always possible that, despite our best efforts, some of the Items on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
Where the Item's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Item to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Item to you at the incorrect (lower) price.
If the Item's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Item at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
Unfortunately, we cannot advise you in advance of any proposed reduction in prices or reimburse you the difference in the event that an Item you order is subsequently reduced in price.
We may from time to time run special promotions or issue promotional codes. We reserve the right to change or terminate any promotion without notice at any time.
How to PayYou can only pay for Items on our site using any one of the following methods: debit card, credit card, PayPal or any other methods which may be clearly indicated on our site from time to time.
We accept the following debit or credit cards: Visa, MasterCard. When you use a credit/debit card you confirm that the card being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
If you choose to pay by PayPal, you will be directed to the PayPal site to 'Log In' and review the amount to be paid before completing your purchase. Once this transaction is complete, you will then return to our site.
Payment for the Goods and all applicable delivery charges is in advance. When placing your order we carry out a standard pre-authorisation check on your payment card. Payment will not be taken until your order has been accepted and a Dispatch Confirmation been sent.
Use of our siteThese Terms and Conditions of Website Use ('Terms') apply to your use of the Fernutrition website located at www.fernutrition.com (if you are in the US, Canada or any other part of the world then the following terms apply to purchases and related transactions made using our services).
You must be 18 years old or the age of majority in your jurisdiction in order to use our Services. If you are under 18 years old or the age of majority in your jurisdiction, then you may only use the Services with your parent or legal guardian's permission.
These Terms along with our Privacy Policy and Cookie Policy constitute a legally binding agreement between you and us. By accessing or using our Services, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THE SERVICES.
RegistrationYou may view some parts of the Services without registering, but in order to access and use other parts of the Services, you may be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been (or you suspect) an unauthorised use of your password or account, please notify us immediately.
Restrictions on use of servicesYou are solely responsible for your actions when using the Services, whether or not you have created an account with us. In addition, you understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Services:
Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Services;
Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Services;
Submit, post, or submit any offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by us in our sole discretion);
Copy, download, distribute, transmit, upload, or transfer content from the Services or the personal information of others without our prior written permission or authorization;
Use the Services to make unsolicited offers, requests, advertisements, or spam;
Impersonate or pretend to be anyone else but you;
Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
Engage in any activity that is criminal or tortious in nature, or otherwise contrary to the law or infringes the rights of another including, without limitation, fraud, stalking, defaming, abusing, harassing, or threatening.
If you breach any part of these Terms, we reserve the right to terminate your access to the Services
OwnershipWe and our licensors are the sole owners of the Services, including, but not limited to, all content, features, and functions, and all copyrights, trademarks, service marks, and other intellectual property rights contained within the Services.
You agree that all right, title, and interest in the Services will remain ours or our licensors' exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use Fernutrition name or any of our logos, domain names, and other distinctive brand features.
You may only use the services for personal, non-commercial purposes.
ContentWhenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Services, you warrant that any such contribution ('Content') complies with the standards set out in these Terms, and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any Content you upload to our Sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose. You grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free licence to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Content throughout the world, in all media now known or hereafter developed. You confirm that you are the owner of the relevant Content and/or that you are entitled to grant us a licence of the same.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Services.
We have the right in our sole discretion for any reason and without prior notice to you to remove any posting you make on our Sites if, in our opinion, your post does not comply with the standards set out in these Terms or reasonable standards of behaviour.
The views expressed by other users on our Sites do not represent our views or values. We reserve the right, but not the obligation, to investigate any allegations or complaints that we receive regarding your Content.
Warranty DisclaimerYour use of the services is at your own risk. We do not guarantee that the services, will be secure or free from bugs or viruses. We make no warranty that the services will be error free or uninterrupted, that the information obtained from the services will be accurate, up-to-date, complete or reliable, that the quality of the service will be satisfactory to you, or that errors or defects will be corrected, we make no guarantee regarding the reliability, accuracy, or quality of any communication that is posted on or via the service
Limitation of LiabilityThe goods provided to you in connection with the services are supplied only for non-commercial, private use. You agree not to use the same for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable to any user for any loss or damage in contract arising under or in connection with:
Use of, or inability to use, the Services; or
Use of or reliance on any content made available via the Services.
To the fullest extent permitted by law, we shall not be liable to you or any other party for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary, or punitive damages, regardless of the form of action or basis of any claim. You specifically acknowledge that we shall not be liable to you for your communications. We shall not be liable for any breach of security associated with the transmission of information through the services or any linked sites, or for any information or products, obtained through use of the services, or otherwise arising out of the use of the same, regardless of the form of action or basis of any claim.
Some jurisdictions do not allow certain exclusions of warranties or limitations on damages, so some of these exclusions and limitations may not apply to you. If you have a dispute with us or are dissatisfied with the services, termination of your use of the services is your sole remedy. We have no other obligation, liability, or responsibility to you.
IndemnificationYou agree to indemnify, defend, and hold us and any company in our group and our respective officers, agents, representatives, employees, partners, and licensors harmless from any and all demands, claims and actions (including reasonable attorneys' fees) arising from or related to your use of the Services. We reserve the right to assume all or any part of the defence of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
Third Party SitesWe may offer links or other materials on the Services which allow you to browse or be redirected to a third party's website, such as our courier partner's websites. We are not associated with, endorsing, or responsible for the services, websites, or content of these third parties. If you have any questions about these other companies' practices, you should review their terms of use and other policies.
TerminationWe may immediately, without prior notice, suspend or terminate your use of and access to the Services, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Services.
SeverabilityIf the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
AmendmentsWe reserve the right to change any part of the Services, including these Terms, at any time. Your continued use of the services means that you agree with our updated Terms. If you do not agree with our updated Terms, you must not use our Services.
Other important termsThis Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts.
Where these Terms are translated into languages other than English in the event of any conflict or inconsistency the English language Terms shall prevail.
PrivacyAll your personal information will be treated as confidential. Fernutrition Ltd. is governed by the UK Data Protection Act (2003). This means your details will not be divulged to third parties without your permission.
You may request deletion of your Fernutrition customer details at any time by notifying us via the contact us page.
CookiesWe use cookies to track and store information about how you interact with our website in order to improve your online experience with us. These files do not store any personal data and are safe.
You can disable cookies from your web browser however this may affect the level of access you have on this site.
Discount CodesAll offer codes are applied to the item, excluding delivery costs and are subject to our general Terms and Conditions.
The offer code must be entered into the Discount Codes field on the basket page and applied for the discount to be deducted from the order.
Unless stated discounts cannot be combined, can only be applied on full priced items and only one offer can be applied to any order.
Items already reduced in price, displaying a 'Was' and 'Now' price are also excluded from voucher offers.
Offers can be amended or withdrawn at any time.
Promotional codes
a. cannot be used against sale items.
b. cannot be exchanged for the cash equivalent.
c. has no cash redeemable value either in full or part.
d. cannot be used in conjunction with other discount vouchers or codes.
If you have any queries, please do not hesitate to get in touch via the contact us page.