Subscriptions Terms & Conditions
1. These terms
1.1 What these terms cover. These are the general terms and conditions on which we supply our products (“drinks”) to you via subscription (“subscribe and save”)
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the drinks to you vsa subscription, how you and we may change or end the subscription, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are? We are a sports drink brand on a mission to change the face of sports and fitness hydration.
2.2 What we do. These terms and conditions refer to our healthy electrolyte and protein waters WOW PACK subscription service (our “Services”).
2.3 How to contact us. You can contact us by writing to us at email@example.com
2.4 How we may contact you. If we have to contact you we will do so via email.
3. Your subscription with us
3.1 Your account. You will be required to create an account on the Site before subscribing to our Services and you will need to create your username and password for your account to access the Site. You are responsible for all actions taken under your chosen username and password. By placing an order through the Site, you warrant that:
- (a) you are legally capable of opening a monthly subscription;
- (b) you are at least 18 years old;
- (c) you are resident and/or require delivery to the address given;
- (d) that all the details you provide are true, accurate, current and complete in all respects;
- (e) to notify us immediately of any changes to your account information;
- (f) to only create one (1) account and to only use the Site using your own username and password;
- (g) not to disclose your password to anyone and to make every effort to keep your password safe;
- (h) to change your password immediately upon discovering that your account has been compromised;
- (i) to notify us if you suspect someone has accessed your account without permission; and
- (j) any and all of the drinks via subscription ordered by you is for your personal use only and not for resale.
3.2 Health. The information provided by us is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or other WOW HYDRATE publications, including social media bulletins. This includes any advice WOW HYDRATE provide to you by email or over the telephone.
3.3 Medical Conditions. If you have a medical condition which affects your dietary requirements (e.g. allergies, intolerances and certain illnesses), you must not use our Services or must take your own medical advice before using our Services. Being under 18, or severely underweight, or pregnant, or breastfeeding may also affect your dietary requirements and you should check with your medical adviser before using our Services. If any of these circumstances apply to you, you must inform our customer service team of the circumstances that apply and the medical advice received. We may decline to allow you to us our Services. If you choose to use our Services, you do so at your own risk.
3.4 How we will accept your order. After subscribing to our Services on the Site, you will receive an email acknowledging that we have received your order. You will then receive an email with detailed explanation about your subscription.
3.5 Your subscription plans. The subscription plan for our Services consist of an initial charge followed by recurring period charges as agreed to by you. By placing an order, you acknowledge that your subscription has an initial and recurring payment feature for a 2 month minimum period, after then it will be until cancellation by you or us.
3.6 1 month free offer. When use of the code to get 1 month free off your first subscription order, will get 1 month free from your 2 month minimum subscription. Failure to do so will result in you being charged for the first month.
3.7 2 month free offer. This applies only to existing subscribers from our previous service. When use of the code to get 2 month free off your subscription order, you will get a 2 months free from your 2 month minimum subscription. After the 2 months you will be charged unless cancelled by you or us. The code for this offer will not expire.
3.8 Your order numbers. We will assign an order number to your order which you will receive via email.
3.9 We only sell to the UK. Our Services are only intended for people residing in the UK (“Area”). Unfortunately, we do not accept orders individuals outside the Area.
4. Our Drinks
4.1 Product packaging may vary. The packaging of the drinks may vary from that shown in images on our Site.
5. Your rights to make changes
If you wish to make a change to the Services you have ordered please contact us. You can do so through ‘My account’ and ‘Subscriptions’ where you can amend/change your address, payment details, upgrade or downgrade to our other WOW PACK subscription options. These changes will then be in place by the next renewal date.
6. Our rights to make changes
6.1 Changes to the drinks and/or subscription. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems’ capabilities.
7. Providing the Drinks
7.1 Delivery partner. We will use a third party courier company to deliver your order (“Courier”). Where these Terms refer to us arranging, making or otherwise organising your delivery, such deliveries will be carried out, arranged or organised by our Courier. Our Courier will take reasonable steps to deliver the drinks to you.
7.2 When we will delivery your subscription. Delivery will be within 2-4 working dates. In any circumstance where we indicate that we will try and deliver at a specific time, this will in no way form part of the subscription and failure to deliver at such time will not constitute a breach of these Terms.
7.3 Delivery Issues. For the avoidance of any doubt, where a delivery is made in accordance with your instructions and subsequently goes missing:
- (a) this will be regarded as a successful delivery; and
- (b) you will be required to pay an additional redelivery charge.
7.4 Delivery costs. We offer free delivery on all orders.
7.5 We are not responsible for delays outside our control. If the delivery of your subscription is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you receive a refund for the delivery of any drinks you have paid for but not received.
7.6 When you become responsible for the drinks. Your drinks will be your responsibility from the time we deliver the your subscription to the address you entered when you placed your order on our Site.
7.8 We may also suspend the delivery of your subscription if you do not pay. If your recurring charge fails you will not receive delivery until the payment is successful. We will notify you if the payment has not been successful and expect you to update your payment details.
7.9 Problems with your delivery. If you are unhappy with your drinks for a legitimate reason such as: (a) missing drinks; or (b) failure of the drinks to arrive to your address. We may provide a refund or other compensation as appropriate. Any refunds or compensation will be provided at our sole discretion.
8. Your rights to end the subscription
8.1 Cancelling your subscription.
- (a) If you wish to cancel your subscription to our Services, you can do so anytime via ‘My Accounts’ and ‘Subscription’
- (c) Your cancellation will be effective from the next payment date and will receive a receipt of cancellation notification. You cannot however refund your subscription once charged.
8.2 Cancellation prior to first delivery. If you notify us that you wish to cancel at before your first delivery, we will cancel your order and refund a maximum of the full amount paid by you if the order has not gone out for delivery. Any refunds will be made within thirty (30) days from the date on which your cash out request is submitted. You can re-subscribe at any time, but we reserve the right not to permit re-subscription to our Services.
9. If there is a problem with your subscription.
9.1 How to tell us about problems. If you have any comments, questions or complaints about any of the drinks purchased from us, please contact us. You can write to us at firstname.lastname@example.org.
10. Price and payment
10.1 Where to find the price for the subscription. The price of the drinks (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the drinks advised to you is correct. However please see clause
10.2 Price increases. We reserve the right to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as, and without limitation, the cost of transporting the subscription to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture.
10.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the drinks, we will adjust the rate of VAT that you pay, unless you have already paid for the drinks in full before the change in the rate of VAT takes effect.
10.4 When you must pay and how you must pay. We accept payment by debit card, credit card or other approved electronic payment providers. In relation to the payment for the Services, the payments to be made shall be as follows:
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this subscription or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the subscription was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
11.2 We are not liable for any losses that are not foreseeable. We only supply the drinks for domestic and private use. If you use the drinks for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We are not liable for the drinks once delivered. Neither our Courier nor we shall be deemed responsible for any theft of the drinks from the delivery address. If you suspect that your delivery has been stolen from the delivery address please contact us immediately so we can discuss alternative delivery arrangements. Until such alternative arrangements are made, we reserve the right to suspend your order until suitable new arrangements have been made. In addition, we expressly disclaim all liability which may arise by virtue of the drinks being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
11.4 Food Allergy Information. We attempt to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you can select to exclude items that we have identified as possible allergen-containing ingredients. However, there is always a risk of contamination. If you are concerned with food allergies, you need to be aware of this risk. Please be aware that our facility prepares foods and uses ingredients in the drinks that contain nuts or nut oil.
11.5 No representations or warranties in relation to the use of the Site. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. We cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it.
11.6 Your indemnity to us. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of the Site.
11.7 Your statutory rights. This clause does not affect your statutory rights as a consumer, nor does it affect your subscription cancellation rights.
12. How we may use your personal information
13. Other important terms
13.1 Events outside of our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this subscription that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) Strikes, lockouts or other industrial action;
- (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- (c) Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster;
- (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (e) Impossibility of the use of public or private telecommunications networks; and/or
- (f) The acts, decrees, legislation, regulations or restrictions of any government.
If our performance under any subscription is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use commercially reasonable endeavours to bring the Force Majeure Event to a close or to find a solution so we can perform our obligations under these terms despite the Force Majeure Event.
13.2 Ownership of Intellectual Property Rights. WOW HYDRATE Limited is the owner or the licensee of all intellectual property rights in the Site (including the WOW HYDRATE logo), whether registered or unregistered, and in the material published on it. Any drinks sold by us and Site content may be subject to copyright, trademark or other intellectual property rights in favour of third parties.
13.3 No joint and several liability. Notwithstanding the ongoing relationship between us and our Courier, the two companies do not have any liability for each other’s obligations nor are they jointly or severally liable for any legal purposes.