Terms and Conditions
When you register with the Zimplicity website, you will be required to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised.
If any of your details change, such as your credit card billing address, you must inform Zimplicity as soon as possible. You may update your details by signing into your account on the Zimplicity website, and update the relevant section.
The Contract Between Us
MyDietDiary is a trading name of Zimplicity Limited and for the scope of this document will be referred to as MyDietDiary.
Any contract for purchases made through the website will be with Zimplicity Limited, whose registered office is situated at Blue House Farm Office, Brentwood Road, West Horndon, Essex, United Kingdom, CM13 3LX, company registration number 09779496.
Zimplicity must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Once payment has been received Zimplicity will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. Zimplicity acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
Zimplicity are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
Withdrawal By You From the Contract
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to give Zimplicity any reason for withdrawing your order nor will you have to pay any penalty.
The only circumstance in which you cannot withdraw your order is where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
To withdraw your order you must notify Zimplicity in writing at the address set out in the Zimplicity returns section of this website.
If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the Zimplicity return address at your own cost and risk, unless the goods were supplied faulty or damaged. If you withdraw your order but Zimplicity has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to Zimplicity at the Zimplicity return address at your own cost and risk as soon as possible.
Once you have notified Zimplicity that you are withdrawing your order, any sum debited to Zimplicity from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
Prices exclude postage and packing. Promotions apply to listed titles only, which are subject to change and availability. If you choose to purchase a product from a multi-buy offer, but do not purchase enough products to qualify for the special discount, the product will be charged at the normal price. Please note that on 3 for 2 promotions (and other multi-buy offers), the lowest priced title will always be the ‘free’ item.
Delivery of Goods to You
Zimplicity will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give Zimplicity at the time you make your order. For goods delivered outside of the EU, the consignee (ie the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies.
You will become the owner of the goods you have ordered when the goods are dispatched to you from our distribution centre.
If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Zimplicity has no control over additional charges in relation to customs clearance. Zimplicity recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
This is as follows:
- If the goods Zimplicity delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Zimplicity shall have no liability to you unless you notify Zimplicity of the problem, in writing using our online Customer Support Team contact form within 10 working days of the delivery of goods in question.
- If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, Zimplicity shall have no liability to you unless you notify Zimplicity in writing at the Zimplicity contact address of the problem within 40 days of the date on which the goods were dispatched to you.
- If you notify a problem to Zimplicity under this condition, Zimplicity only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case Zimplicity vouchers will be issued to the value of the refund due.
- Zimplicity will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Zimplicity under this condition and Zimplicity shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
- Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Zimplicity liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
Zimplicity shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
If any part of these conditions is unenforceable (including any provision in which Zimplicity excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
These Terms and Conditions, together with the current Zimplicity website prices, delivery details and Zimplicity contact details, set out the whole of our agreement relating to the supply of the goods to you by Zimplicity. These Terms and Conditions cannot be varied except in writing signed by a director of Zimplicity. In particular nothing said by any sales person on behalf of Zimplicity should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by Zimplicity. Zimplicity shall have no liability for any such representation being untrue or misleading.
The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Zimplicity shall not be responsible for any detrimental reliance you place on this website or its contents.
Zimplicity is providing this site and its contents (including any downloadable data or software) on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Zimplicity makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Zimplicity howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
Neither Zimplicity nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Our website may contain hyperlinks. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Zimplicity.
Promotional Discount Codes
We may occasionally offer discount codes to customers.
Discount codes are exclusive of online postage and packaging and can only be used once per person with one discount code to be used per transaction. Discount codes cannot be used with any other voucher, coupon or offer. Discount codes can only be used at time of purchase and not retrospectively. Discount codes can only be used on our websites. We reserve the right to withdraw codes at any time.
All discount codes are subject to their own Terms and Conditions.
All design, text, graphics and the selection or arrangement thereof are the copyright of Zimplicity, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Zimplicity, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Zimplicity is strictly prohibited.
MyDietDiary are registered trade marks belonging to Zimplicity Limited. All other trade marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by Zimplicity in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder’s rights.
In these Terms and Conditions:-
‘MyDietDiary’ means Zimplicity Limited of Blue House Farm Office, Brentwood Road, West Horndon, Essex, United Kingdom, CM13 3LX, company registration number 09779496., any connected organisation that actually supplies goods ordered by you and any successor to its business;
‘working day’ means every day of a calendar year apart from weekends and statutory and public holidays;
‘us’ means Zimplicity and you together; and
‘you’ and ‘your’ means the person ordering goods under these Terms and Conditions.