Terms of service
OVERVIEW
Welcome to Optimal Function. The terms "we", "us" and "our" refer to Optimal Function. We operate this website and online store, including its content, features, products and services (the "Services"). Our store is powered by Shopify, which provides the e-commerce platform used to offer our products.
These Terms of Service (the "Terms"), together with the policies linked below, explain the conditions that apply when you use our website or place an order with us. Please read them carefully. Nothing in these Terms affects your statutory rights as a consumer.
By accessing or using our Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, please do not use the Services.
SECTION 1 - ACCESS AND ACCOUNT
If you place an order, you confirm that you are at least 18 years old or have permission from a parent or guardian to do so.
You may need to provide information such as your name, email address, billing details, payment details and delivery address. You agree to provide accurate, complete and up-to-date information so that we can process your order and contact you when necessary.
If you create an account, you are responsible for keeping your login details secure and for activity carried out through your account, except where responsibility cannot lawfully be placed on you. Please contact us if you suspect unauthorised access.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to ensure that our product descriptions, images, prices and other information are accurate. Product colours and appearance may vary slightly depending on your device and screen settings. Packaging may also be updated from time to time.
Products will be as described and will meet the standards required by applicable consumer law. Nothing in these Terms excludes your rights to goods that are of satisfactory quality, fit for purpose and as described.
We may update product descriptions, change our range, discontinue products or set reasonable purchase limits. Any changes will not remove rights you have in relation to an order we have already accepted.
Food supplements are not intended to replace a varied, balanced diet or a healthy lifestyle. Please read the product label, directions and warnings before use. If you are unsure whether a supplement is suitable for you, seek advice from an appropriate healthcare professional.
SECTION 3 - ORDERS
When you place an order, you make an offer to purchase the products in your basket. We will acknowledge receipt of your order, but a contract is formed only when we confirm that your order has been accepted, normally by sending a dispatch confirmation.
We may decline or cancel an order for a legitimate reason, such as unavailable stock, an unsuccessful payment or an obvious pricing error. If we cancel an order after taking payment, we will refund the amount paid for the cancelled items.
Please check your order details before submitting them. If you need to amend or cancel an order, contact us as soon as possible at hello@optimalfunction.co.uk. We will do our best to help, but an order may already have been prepared or dispatched.
Your cancellation, return and refund rights are explained in our Refund Policy. Nothing in that policy or these Terms limits any statutory rights you may have, including rights relating to faulty or misdescribed goods.
Our products are offered primarily for personal use. Please contact us before placing an order intended for commercial resale.
SECTION 4 - PRICES AND BILLING
Prices are displayed in pounds sterling (GBP) and include VAT where applicable. Delivery charges, if any, are shown before you complete checkout. The total amount payable will be confirmed at checkout.
We may change prices, offers and promotions from time to time. Changes will not affect orders we have already accepted, except where permitted by law or agreed with you.
You agree to provide accurate payment and billing information and confirm that you are authorised to use the payment method selected. Payments are processed through the payment methods offered at checkout.
If we identify an obvious pricing or product-information error before accepting your order, we may contact you to confirm whether you wish to proceed at the correct price or cancel the order and receive a refund of any payment taken.
SECTION 5 - SHIPPING AND DELIVERY
We aim to process and deliver orders within the timeframes described in our Shipping Policy. Delivery estimates are not guarantees, and delays can occasionally occur. Unless a different period has been agreed with you, we will deliver within the period required by applicable consumer law.
Please ensure that your delivery address is accurate. If there is a problem with your delivery, contact us at hello@optimalfunction.co.uk so we can investigate and assist.
For consumer orders, the goods generally remain at our risk until they are delivered into your physical possession or that of a person you have nominated. Different rules may apply if you independently arrange a carrier that we did not offer as a delivery option. Your statutory delivery rights are not affected.
SECTION 6 - INTELLECTUAL PROPERTY
Unless otherwise stated, the content of our website, including our branding, text, photographs, graphics, product images, designs and other materials, belongs to Optimal Function or is used with permission from the relevant rights holders. It is protected by applicable intellectual property laws.
You may access and use our website for lawful personal use. You must not reproduce, distribute or commercially exploit our content without permission, except where the law allows it.
The Shopify name and associated marks belong to Shopify. Other names and marks remain the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may make third-party tools, services or features available through our website. Where these are supplied by third parties, additional terms may apply. Please review those terms before using the relevant feature.
We do not control every aspect of third-party services and cannot guarantee that they will always be available or free from interruption. Nothing in this section excludes liability that cannot lawfully be excluded.
We may add, change or remove optional features from time to time.
SECTION 8 - THIRD-PARTY LINKS
Our website may include links to websites, resources or services operated by third parties. These links are provided for convenience and do not necessarily mean that we endorse the content or services offered.
We are not responsible for third-party websites that we do not operate or control. Please review their terms and privacy policies before using them. This does not affect any legal rights you may have against us in relation to products or services we supply.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Optimal Function is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Optimal Function. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Optimal Function, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Optimal Function, to the extent permitted by applicable law.
SECTION 10 - PRIVACY POLICY
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Our store is hosted by Shopify. Shopify may process information relating to your use of the Services in order to provide its platform and related services. You can read the Shopify Consumer Privacy Policy for further information. Our Privacy Policy explains how we and our service providers handle your information.
SECTION 11 - FEEDBACK
If you submit a product review, suggestion, comment or other content ("Feedback"), you confirm that you have the right to submit it and that it does not infringe another person's rights or break the law.
You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display your Feedback for purposes connected with operating, improving and promoting our Services, subject to applicable law and our Privacy Policy. You retain ownership of your Feedback.
We may moderate or remove Feedback that is unlawful, misleading, abusive, irrelevant or otherwise inappropriate, acting reasonably. We do not guarantee that all Feedback will be published.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product details, availability, pricing, promotions or delivery.
We may correct these errors and update website information. If a material error affects an order before we accept it, we may contact you to confirm the correct details or cancel the order and refund any payment taken. Any action relating to an accepted order will be subject to your statutory rights.
SECTION 13 - PROHIBITED USES
You must not use our website or Services unlawfully, fraudulently or in a way that interferes with their operation or the rights of others. In particular, you must not:
- introduce viruses, malicious code or other harmful material;
- attempt to gain unauthorised access to accounts, systems or data;
- impersonate another person or provide deliberately false information;
- infringe intellectual property or privacy rights;
- use the Services to harass, threaten or abuse others; or
- use automated tools in a way that disrupts or damages the Services.
We may restrict or suspend access where reasonably necessary to protect the Services, other users or our legal rights.
SECTION 14 - TERMINATION
You may stop using our Services at any time. We may suspend or terminate access to an account or part of the Services where there is a legitimate reason, including serious misuse, security concerns or a material breach of these Terms.
Termination will not affect rights or obligations that have already arisen, including those relating to accepted orders, refunds, statutory consumer rights or outstanding payments lawfully due.
SECTION 15 - DISCLAIMER OF WARRANTIES
We take reasonable care in operating our website, but cannot guarantee that access will always be uninterrupted or error-free. Website content is provided for general information and should not be treated as personalised medical advice.
Nothing in these Terms limits your statutory rights in relation to goods purchased from us or excludes warranties or obligations that cannot lawfully be excluded.
SECTION 16 - LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited. Nothing affects your statutory consumer rights.
We are responsible for losses you suffer that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for losses that are not foreseeable, or that were not caused by a breach on our part.
Our products are supplied for personal and domestic use. To the extent permitted by law, we are not liable for business losses, including loss of profit, revenue or business opportunity, arising from a consumer purchase.
SECTION 17 - INDEMNIFICATION
You are responsible for losses we reasonably and directly incur as a result of your deliberate unlawful use of our Services or your infringement of another person's rights, but only to the extent that applicable law permits. This section does not require you to compensate us for matters outside your control or remove any of your statutory rights.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
If we do not immediately enforce a provision of these Terms, that does not mean we have waived our right to enforce it later.
These Terms, together with the policies referred to in them and any information provided to you as part of the ordering process, form the agreement between you and us in relation to your use of the Services and your purchases, subject to applicable law.
SECTION 20 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our consent, except where the law permits. We may transfer our rights and obligations where lawful, provided that doing so does not reduce your statutory rights or materially disadvantage you.
SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of England and Wales. If you are a consumer living in Scotland or Northern Ireland, you also retain the protection of any mandatory laws that apply where you live and may bring proceedings in the courts available to you under applicable law.
SECTION 22 - HEADINGS
Section headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update these Terms from time to time to reflect changes to our Services, business practices or legal requirements. The latest version will be published on this page.
Changes will generally apply to future use of the Services and future orders. They will not retrospectively remove rights under a contract already formed. Where required by law, we will provide notice of material changes.
SECTION 24 - CONTACT INFORMATION
If you have questions about these Terms, an order or our Services, please contact us using the details below:
Trading name: Optimal Function
Email: hello@optimalfunction.co.uk
Postal contact address: 124 City Road, London, EC1V 2NX, United Kingdom
Contact page: https://optimalfunction.co.uk/pages/contact