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Terms and Conditions of Sale - ProductsUpdated 5 hours ago

TERMS AND CONDITIONS - PRODUCTS (US CUSTOMERS)

Version number: 1.0 

Effective date: 4th July 2025

INTRODUCTION
We are Gutology Limited, a company incorporated in England and Wales

These are our terms and conditions which apply when you buy any goods from us via our US website. Please read the entire document carefully and contact us if anything is unclear. We’ve tried to make it user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.

Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

Although we are incorporated in England and Wales, these Terms apply specifically to purchases made by customers located in the United States, and goods are supplied and delivered within the United States. Nothing in these Terms is intended to limit any mandatory customer rights you may have under applicable US federal or state law.

WHO CAN BUY ON OUR SITE
THIS SECTION EXPLAINS CERTAIN RESTRICTIONS THAT MAY MEAN THAT YOU AREN'T ALLOWED TO MAKE A PURCHASE ON THIS SITE
You may place an order on our site provided that the product you are purchasing is suitable for your age group. All relevant age restrictions are listed in the Help Centre section of our website under each product category. You may purchase goods either for your own use or as a gift for someone else, provided that any recipient meets any applicable age restrictions for the product and is encouraged to review the list of ingredients to ensure suitability for their individual needs. Orders are accepted from the US where delivery is available. You are not allowed to buy our goods if it is unlawful to do so under applicable federal, state or local law in your place of residence.

IMPORTANT WARNINGS
HERE IS SOME CRUCIAL INFORMATION ABOUT OUR PRODUCTS & EDUCATION THAT WE WANT TO TELL YOU ABOUT RIGHT AT THE START
While we believe that our products are beneficial in many ways, they are not intended to diagnose, prevent, or treat any medical condition or to be used as a substitute for medical advice and we make no promise that any particular “wellness” objective will be achieved. You agree to immediately consult your health professional if you have or think you may have a medical condition and that you will not rely on any advice or statements by us relating to your health.

You are responsible for carefully reading any ingredients listed on our website and/or on any packaging, labels and/or leaflets to avoid the risk of allergic or other adverse reactions.

Statements made on our website have not been evaluated by the U.S. Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease.

GIVING US INFORMATION
IN SHORT: TAKE CARE TO GIVE US ACCURATE INFORMATION
You agree to ensure that your order, including delivery address and any other information you supply to us, is correct and that you tell us immediately if there are any changes.

If the shipping address provided is incorrect and subsequently, the parcel is either returned to our returns address or the parcel is untraceable and therefore another shipment is required there will be an additional shipping charge to send out the parcel again.

HOW YOU ENTER A LEGAL CONTRACT WITH US
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

You place an order on our website by selecting the goods or subscription you wish to purchase, adding them to your shopping cart, and completing the checkout process by clicking the relevant order confirmation button.

By submitting your order, you are making a legally binding offer to purchase the goods and/or to enter into a subscription contract with us in accordance with these Terms.

We accept your offer when we send you an order confirmation email. At that point, a legally binding contract is formed between you and us.

Where you place an order on a subscription basis, the contract will continue on a recurring basis in accordance with the subscription terms disclosed at checkout (including billing frequency and renewal details), unless and until it is cancelled by you using the subscription management tools made available through your online account or by contacting our customer support, in accordance with these Terms.

UNAVAILABILITY
IN SHORT: WE ARE NOT OBLIGED TO SUPPLY GOODS THAT ARE UNAVAILABLE
We are not obliged to supply any goods that become unavailable for any reason despite us having accepted your offer. We will notify you of the unavailability as soon as possible and will cancel the order and arrange for a full refund if you have paid.

PAYING US
THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS
Prices shown are in US dollars. Applicable sales tax will be calculated and added at checkout. Delivery costs will also be added at checkout. Payment is in advance, either one-off or on subscription. Prices, subscription periods and payment methods are as explained on our site.

If you subscribe, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription at least three days before the renewal date by “Managing Your Subscription” access via the chat function on our site. If you terminate within those three days, then your subscription will continue until the following renewal date and we will continue to take payment and deliver the goods in the meantime. If you request to bring a delivery forward, you agree that the corresponding payment will also be brought forward to match the revised delivery schedule. Ending your subscription does not entitle you to a refund (unless of any applicable cancellation or refund rights under our Returns and Refund Policy or applicable US law). You authorise us and our payment provider to charge your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.

Customers who choose to cancel their subscription may be presented with an option to pause their subscription instead. If a pause is selected, the next scheduled charge date will be adjusted accordingly based on the chosen pause duration.

  • Pause options and durations are configurable and may vary.
  • A subscription pause does not cancel the subscription; charges will resume automatically after the selected pause period.
  • Customers retain the right to cancel their subscription at any time, even after selecting a pause.

We may at any time change our subscription prices. We will give you notice by email at least one month before any price change takes effect. If you do not accept the new price, you should end your subscription by following the instructions on our site. Otherwise, the next payment of your subscription after the one month’s notice will be at the new price.

Any applicable delivery charges will be shown when you place your order and may depend on the delivery method chosen.

If we have mispriced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will cancel the order and provide a full refund of any payments already made.

You agree to contact us immediately with full details if you dispute any payment.

You agree that you are legally bound by the terms and conditions of any payment providers whose services you use when paying for our goods. We aren’t responsible for what they do or don’t do.

DISCOUNT CODES
THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SITE
Discount codes refer to the price exclusive of delivery charges. You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.

Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction.

We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed.

Codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

OUR RIGHT TO END THE CONTRACT - THIS SECTION TELLS YOU WHEN WE CAN DECIDE NOT TO SEND YOU THE GOODS.

We are entitled to end this contract (including any subscription) at any time including not sending you the goods if:

  • any amount due to us is unpaid or charged back;
  • you or anyone on your behalf acts inappropriately towards our staff or subcontractors; OR
  • acting reasonably, we think that you have not complied with these terms or that it is necessary to protect you, us or others.

Ending this contract will not affect any existing rights and liabilities and all terms in this contract which are stated or intended to continue after termination will continue to apply.

DELIVERY
THIS SECTION SETS OUT OUR AND YOUR RESPONSIBILITIES IN CONNECTION WITH DELIVERY
Orders to US addresses are fulfilled from within the United States. We may not deliver to all states or territories. For a list of the areas we do ship to, please contact our support team via the chat. Orders are subject to any other delivery restrictions or requirements. We have the right to cancel any order for delivery to a location to which we don’t deliver (even if there is a legal contract). You agree to pay us any additional delivery costs we incur if we decide to deliver outside our normal delivery area.

Unless we say otherwise, delivery timescales on our website are estimates only. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions.

We are allowed to deliver different parts of your order on different dates.

You agree to alert us in advance to any access restrictions.

If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery. If our courier returns the item to us because they have been unable to deliver it, we are allowed to cancel the contract, in which case we will refund the price paid but excluding the delivery charge.

If you have failed to comply with your obligations regarding delivery, we are entitled to abort delivery and you agree to pay us the amount of any delivery, storage, insurance or other costs that we incur. We are entitled to require that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or deduct them from any payment due to you (to the extent legally allowed).

SUBSCRIPTION DELIVERIES

If you subscribe to a product plan (including but not limited to our monthly or 3-monthly subscription model), your goods will be dispatched at the frequency and in the volumes specified at the time of purchase or subsequently amended. Delivery will typically be made in a single parcel for each scheduled dispatch.

If you choose to bring forward a scheduled delivery, you agree that delivery will occur earlier than originally planned and payment will be brought forward accordingly. We are not responsible for failed deliveries caused by changes to your delivery address or access restrictions that have not been updated in your account.

All terms in this Delivery section apply equally to subscription deliveries.

RETURNS AND CANCELLATIONS
IN SHORT: RETUNS ARE ACCEPTED IN ACCORDANCE WITH OUR RETURNS AND REFUND POLICY
You may cancel your order within 14 days of receiving the goods, provided they are unopened, unused, and in their original condition. To initiate a return, please refer to our returns policy on the website.

Return shipping costs are your responsibility unless the item is faulty. Refunds will be processed within 14 days of receipt of returned goods and issued to the original payment method.

Products that have been opened or unsealed cannot be returned due to hygiene reasons. Perishable items are non-refundable once dispatched.

RESTRICTIONS ON OUR LEGAL RESPONSIBILITY FOR GOODS - VERY IMPORTANT
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, E.G. IF YOU BREAK THE CONTRACT
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.

Subject to the above, we are not responsible for any loss or damage where:

  • there is no breach of a legal duty owed to you by us;
  • such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  • and to the extent that such loss or damage is your fault, for example by not complying with this agreement; or
  • such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).

You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise.

The following clauses apply only if you are a Consumer:

  • Subject to the above, we are not responsible for any loss or damage where:
    • there is no breach of a legal duty owed to you by us;
    • such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
    • (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
    • such loss or damage relates to a business (as we do not intend for goods bought by Customers to be used for business).
  • You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.
  • We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You may obtain information about your consumer rights from your state Attorney General’s office or relevant consumer protection authority.

The following clauses apply only if you are not a Consumer:

  • Subject to the other terms of this agreement, we warrant that, upon delivery, the goods will be free from material inherent defects.
  • To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  • Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
    • loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
    • indirect, consequential or special losses.
  • Subject to the first paragraph in this section (“Nothing in this agreement…”), our entire liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise, shall in no circumstances exceed the price paid for the relevant goods.
  • You agree to indemnify us against all claims and liabilities arising out of or in connection with your breach of this agreement (except insofar as we are at fault).
  • This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.

INTELLECTUAL PROPERTY RIGHTS (IPR)
IN SHORT: YOU DON’T ACQUIRE ANY IPR IN THE GOODS
Your purchase of goods from us does not of itself give you the right to use or exploit any IPR comprised in or relating to the goods.

YOUR PERSONAL INFORMATION
IN SHORT: OUR PRIVACY POLICY APPLIES
You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

THINGS WE CAN'T CONTROL
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

TRANSFERRING THIS CONTRACT TO SOMEONE ELSE
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

GOVERNING LAW AND COURTS
IN SHORT: GOVERNED BY APPLICABLE US LAW 

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to conflict of law principles, and applicable federal law. Nothing in this section limits any mandatory consumer protections available under applicable law.

GENERAL
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

COMPLAINTS
If you have any complaints, please contact us via the contact details shown below.

CONTACT DETAILS
Gutology Limited
Minerva Mill Innovation Centre
Alcester, B49 5ET, United Kingdom
Email: [email protected] 

If you have questions, contact us anytime. We're here to help.

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