Terms of service

OVERVIEW

This website is operated by FOSS Drinks Ltd (company number 16883022 , registered address 16 Magnolia Place, London, England, United Kingdom, SW48BB - trading as FOSS). Throughout the site, the terms “we”, “us” and “our” refer to FOSS Drinks Ltd ("FOSS"). FOSS offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us (including our Collagen and Creatine functional beverages), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

1 - ONLINE STORE TERMS

By using this site, you are agreeing to these Terms of Service. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services. You must not transmit any worms or viruses or any code of a destructive nature.

2 - HEALTH & MEDICAL DISCLAIMER

2.1 Not Medical Advice: The products sold on this website (including beverages containing Collagen, Creatine, and other functional ingredients) are classified as food supplements. They are not intended to diagnose, treat, cure, or prevent any disease. The information provided on this site is for educational and informational purposes only and is not intended as a substitute for advice from your physician or other health care professional.

2.2 User Responsibility: You should consult with a healthcare professional before starting any diet, exercise, or supplementation program, especially if you are pregnant, nursing, have existing medical conditions, or are taking medication.

2.3 Adverse Reactions: If you experience any adverse reaction to our products, stop using them immediately and consult your doctor.

3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

6 - PRODUCTS OR SERVICES

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products (including the can designs) that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

 

7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

8 - OPTIONAL TOOLS & THIRD-PARTY LINKS

We may provide you with access to third-party tools (such as order tracking or subscription management) over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and applicable terms and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We make no guarantee that any or all features of the websites, services or third party products and services will work on any particular device. We are happy for you to link to our website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the website, you must do so without delay.

9- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. In no case shall FOSS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service.

 

14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless FOSS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

15 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England & Wales, and you agree that the courts of England and Wales shall have exclusive jurisdiction regarding any dispute.

16 - FOSS SUBSCRIPTION TERMS ("SUBSCRIBE & SAVE")

We may offer new and/or existing customers special offers from time to time. Where we make such offers, introductory offers are only available to new users of the website. Previously registered users do not qualify for an additional offer, unless expressly stated. “Previously registered users” refers to any combination of: a user with a user account at FOSS, a credit or debit card, a credit or debit card holder, a delivery address, a cardholder address, or a household, who has previously made use of the FOSS service. Unless otherwise stated, only one discount code may be applied per order, and each code may only be used once, for both one time purchases and subscriptions. Discount codes cannot be applied towards a first-time subscription order. They may not be copied, reproduced, distributed or published either directly or indirectly in any form. We reserve the right to terminate or modify discounts at any time without prior notice and at our sole discretion. We may require you to complete checkout at drinkfoss.co.uk or drinkfoss.com to redeem any offer.

If you choose to purchase a subscription for our Products (e.g., "Subscribe & Save"), you acknowledge and agree to the following additional terms:

Automatic Renewal By placing a subscription order, you agree that your subscription will automatically renew at the frequency you selected (e.g., every 30 days) until you cancel. You authorise us to charge your payment method for the subscription price (plus applicable taxes and shipping) at the start of each new billing cycle.

Cancellation Policy You may cancel your subscription at any time. To cancel, you can:

  • Log into your Customer Account on our website and select "Manage Subscription".

  • Email us at hello@drinkfoss.co.uk with the subject line "Cancel Subscription".

  • Use the cancellation link provided in your upcoming order reminder email.

There are no cancellation fees. However, if a renewal order has already been processed and shipped before you cancel, you will be responsible for that specific order. You must cancel by latest 1pm, 3 days before your next scheduled billing date to avoid being charged for the next cycle.

Renewal Reminders For subscription frequencies of 6 months or longer (or as required by UK law), we will send you a reminder email before your payment method is charged. This email will alert you that your subscription is about to renew and provide a link to cancel if you wish to do so.

Price Changes We reserve the right to change the price of our subscription products. If we change pricing, we will provide you with at least 14 days' written notice via email before the change takes effect. You will have the opportunity to cancel your subscription before the new price is applied.

Failed Payments If your payment method fails (e.g., expired card or insufficient funds), we will retry the transaction 3 times. If payment continues to fail, your subscription will be paused or cancelled, and no further products will be shipped until payment is updated.

Cooling-Off Period (Right of Withdrawal) Under UK Consumer Law, you have a statutory right to cancel a new subscription contract within 14 days of receiving your first delivery. To exercise this right, you must notify us in writing. If you cancel under this statutory right, you must return the goods to us (unopened and in re-sellable condition). We will refund the cost of the goods and standard delivery charges. Note that this cooling-off period resets if you modify your subscription to a longer fixed term (e.g., changing from monthly to annual).

17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

FOSS Drinks Ltd hello@drinkfoss.com, 16 Magnolia Place, London, SW48BB. Company Number 16883022