Terms and Conditions

Last updated: 12th March 2022

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This page (together with our Cookies Policy and our Privacy Policy) tells you information about us and the legal terms and conditions on which we sell any of the product listed on our website to you. These terms will apply to any contract between us for the sale of products to you. Please read these terms carefully and make sure that you understand them before ordering any products from our website. By ordering any of our products, you agree to be bound by these terms. If you refuse to accept these terms, you will not be able to order any products from our site.

Disclaimer: Food Supplements are intended to correct nutritional deficiencies, maintain an adequate intake of certain nutrients or to support specific physiological functions. The ThinkPharm Formula (or any other food supplement) is not a medicine and therefore cannot and does not claim to treat or prevent disease. All content on this website is for educational purposes only and does not constitute medical advice. None of the scientific studies quoted on this website qualify as proof or implication that ThinkPharm Health's (First Class Nourishment LTD.'s) supplements treat or prevent disease. Findings of scientific studies do not always represent reality. It is always difficult for scientific studies to reach accurate conclusions regarding nutrition and its relationship to diseases. Please consult your healthcare professional before making any significant changes to your diet and lifestyle. ThinkPharm Health (First Class Nourishment LTD.) is not liable for risks or issues associated with using or acting on information from this website.

 

1. Information about us

1.1. We are First Class Nourishment LTD. We operate the website ThinkPharmHealth.com. We are a company registered in England and Wales under company number 11104547 and with our registered office at First Class Nourishment LTD., 124 City Road, London, United Kingdom, EC1V 2NJ.

1.2. To contact us, please see our Contact us page. You can e-mail us at info@firstclassnourishment.com

 

2. Our Products

2.1. The images of the products on our site are for illustrative purposes only. Due to the limitations of our monitoring capabilities and of the printers employed the colour, dimensions and packaging of the product may vary from that shown on images in our website.

2.2. All products shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the product you have ordered is not available and we will not process any orders you may have made.

 

3. How the contract is formed between you and us

3.1. For the steps you need to take to place an order on our site, please see our product page "The Formula"

3.2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time read and check your order at each page of the order process.

3.3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. Please note, this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.

3.4. We will confirm our acceptance to you by sending you an e-mail that confirms the order and dispatch details. The contract between us will only be formed when we send you the order confirmation.

3.5. If we are unable to supply you with a product, we will inform you of this by e-mail and we will not process your order. We may not be able to supply you with a product if it is not in stock, if it is no longer available or because of an error in the price on our site. If you have already paid for the products, we will refund you the full amount as soon as possible.

 

4. Our right to change these terms

4.1. We may revise and change these terms occasionally under the following circumstances:

(A) There is a change in how we accept payment from you

(B) There are changes in relevant laws and regulatory requirements.

4.2. Every time you order a product from us, the terms in force at that time will apply to the contract between you and us.

4.3. Whenever we revise these terms, we will keep you informed and give you notice of this by stating that these terms have been amended.

 

5. Our warranty for the products and disclaimer

5.1. We warrant that the products will correspond with your order at the time of dispatch confirmation and shall be free from material defects on delivery.

5.2. The warranty in clause 5.1 does not apply to any defect in the products arising from intentional damage, abnormal storage or working conditions, accident, negligence by you or any third party or if you fail to use the products in accordance with the user instructions.

5.3. Whilst we use reasonable effort to include accurate and up to date information on this site, we make no warranty or representation with regard to the accuracy or reliability of such information or material linked to or from the site and, to the fullest extent permissible by law, we expressly disclaim any liability in respect of the same. We do not monitor the content not produced by us and any views expressed by third parties on this website or any sites linked hereto are not necessarily representative of our views.

5.4. The information provided on this website is for information purposes only and does not constitute medical advice. Seek medical advice from your doctor before using any food supplement you are uncertain about. Food supplements should not be used as a substitute for a healthy lifestyle and balanced diet.

5.5. Unless otherwise stated on the packaging, all First Class Nourishment LTD. products are formulated, packed, labelled and sold as food supplement products which are compliant with the relevant aspects of current UK Food and food supplement legislation. Customers wishing to purchase our products for delivery into countries or states outside of the UK should satisfy themselves that the products, any health or nutritional claims the products concerned may carry, any ingredients they may contain, and the levels at which any ingredients and nutrients are present comply with the relevant regulations and legislation in the country to which the products are to be shipped. First Class Nourishment LTD. cannot be held responsible for any delays, inconvenience or non-delivery that may arise from products being held temporarily or permanently at point of entry into any country or state outside the UK. Likewise, First Class Nourishment LTD. cannot be held liable for any additional costs or losses arising from any such delays or non-delivery, nor be held liable for any local import duties, taxes or other incidental charges or feeds, that may be imposed upon any products on entry into any country or state outside of the UK.

5.6. Shelf-life and expiry dates of First Class Nourishment LTD. products are based on storage of products under the recommended storage conditions as stated on product labels, under UK environmental/climatic conditions. Many nutrients are highly susceptible to degradation under conditions of elevated temperatures and/or elevated humidity and First Class Nourishment LTD. cannot be held liable for any deterioration of products, whether physical, chemical or microbiological as a result of storage/use other than UK environmental/climatic conditions. First Class Nourishment LTD. cannot be held liable for any losses, illness or injury arising from any such degradation of a product where the country in which the product is being stored or used does not share the same climatic zone classification as the UK (I.E. "Temperate" under the Köppen system climatic zone classification).

6. Our liability if you are a consumer

This clause only applies if you are a consumer

6.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.

6.2. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.3. We not in any way exclude or limit our liability for:

(A) Death or personal injury cause by our negligence;

(B) Fraud or fraudulent misrepresentation;

(C) Any breach of the terms implied by section 12 of the Sale of Goods Acct 1979 (title and quiet possession);

(D) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(E) Defective products under the Consumer Protection Act 1987.

 

7. Events outside of our control

7.1. We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by an event outside of our control. Clause 7.2 describes such events in more detail.

7.2. An event outside of our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, war (whether declared or not), threat/preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, other natural disasters, failure of public/private telecommunications networks, impossibility of the use of railways/shipping/aircraft/motor transport or other means of public or private transport.

7.3. If an event outside of our controls takes place that affects the performance of our obligations under a contract:

(A) We will contact you as soon as reasonably possible to notify you (providing that doing so does not compromise the safety of our staff members); and

(B) Our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. Where the event outside of our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside of our control is over.

8. Other important terms

8.1. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms. We will always notify you in writing or by posting on this webpage if this happens.

8.2. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

8.3. This 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.

8.4. 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.

8.5. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

8.6. If you are a consumer, please note that these terms are governed by English law. This means a contract for the purchase of products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.