Terms and Conditions

The following terms and conditions apply when you use our Website or FLYCARB App, or place an order to purchase our products. Please read these terms and conditions carefully, as they govern the legal relationship between us.

About us

FLYCARB LTD ("we", "us" or "our") is a company registered in England and Wales under company number 15929648.

Our registered office is at:

82A James Carter Road
Mildenhall
Bury St. Edmunds
England
IP28 7DE

Our email address is team@flycarb.com.

Our Website is https://www.flycarb.com/.

General

These Terms and Conditions apply to your use of the Website and FLYCARB App and to all purchases of our products made through the Website.

By using the Website or FLYCARB App, or by placing an order for our products, you agree to be bound by these Terms and Conditions.

You must provide accurate and complete information when using our Website, FLYCARB App or placing an order.

You acknowledge that you have not relied on any statement, promise or representation made by or on behalf of us which is not expressly set out in these Terms and Conditions.

Basis of contract

When you place an order for products through our Website, your order constitutes an offer to purchase the products in accordance with these Terms and Conditions.

Our receipt of your order does not mean that we have accepted it. We will confirm receipt of your order by email, but this confirmation does not constitute acceptance of your order.

A contract between you and us for the purchase of products will only be formed when we send you a dispatch confirmation email confirming that your order has been dispatched.

If we are unable to accept or process your order, we will notify you and refund any payment you have made.

FLYCARB App

The FLYCARB App provides features relating to training, activity, nutrition and performance.

Subject to these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable and revocable right to use the FLYCARB App for your personal, non-commercial use.

You must not use the FLYCARB App:

• for any unlawful purpose;

• in a way that could damage, disable, overburden or impair the App or interfere with its operation;

• to attempt to gain unauthorised access to the App, its systems or any other user's account; or

• in any way that infringes the rights of FLYCARB or any third party.

If you create an account to use the FLYCARB App, you are responsible for keeping your login details secure and for activity carried out through your account.

We may update, modify, suspend or discontinue all or part of the FLYCARB App from time to time, including where necessary for security, technical or legal reasons.

The FLYCARB App is intended to support training, nutrition and performance and is not intended to provide medical advice, diagnosis or treatment. Any information, recommendations or insights provided through the App should not be treated as a substitute for advice from a qualified healthcare professional. You are responsible for determining whether any training, nutrition or other recommendations are appropriate for you.

Third-Party Integrations

The FLYCARB App may allow you to connect your account to third-party services, such as Strava.

If you choose to connect a third-party service, you authorise FLYCARB to access and use the information made available to us through that service in accordance with the permissions you grant and our Privacy Policy.

Your use of any third-party service is also subject to that service's own terms and privacy policy. We are not responsible for the availability, accuracy, functionality, security or privacy practices of third-party services.

You may disconnect a third-party service from the FLYCARB App at any time. Disconnecting a service may prevent us from accessing new information from that service, but may not automatically delete information that we have already received. Our handling and deletion of personal information is governed by our Privacy Policy.

Products

We provide information about our products, including product descriptions, ingredients and other relevant information, on the relevant product pages of our Website.

We may make changes to our products where necessary to comply with applicable laws or regulations, to implement technical improvements, or where such changes do not materially affect the nature or quality of the products.

Price

The price of each product will be as displayed on our Website at the time you place your order.

Prices include VAT where applicable, but exclude delivery charges unless otherwise stated.

We take reasonable care to ensure that prices displayed on our Website are correct. If we discover an error in the price of a product you have ordered, we will contact you and give you the option to continue with the order at the correct price or cancel the order.

Payment method

We use Shopify Payments to process payments made through our Website.

Payment is taken at the time you place your order.

Your order will only be accepted once payment has been successfully authorised and confirmed.

Fulfilment and Delivery

We use third-party fulfilment partners and delivery carriers to fulfil and deliver orders.

We may use delivery carriers including Yodel, Evri, DPD, Parcelforce and Royal Mail.

We aim to dispatch orders within 7 days of receiving your order, unless otherwise stated on our Website.

Delivery times provided by us or our delivery partners are estimates and are not guaranteed unless expressly stated otherwise.

We will not be responsible for delays caused by circumstances outside our reasonable control, including delays caused by delivery providers, customs authorities, extreme weather, industrial action or other events outside our reasonable control.

If a delay means that we are unable to fulfil your order within a reasonable period, you may contact us to cancel your order and receive a refund.

Consumer Cancellation Rights

If you are a consumer, you have a legal right to cancel your contract with us within 14 days without giving a reason, subject to the exceptions set out below.

The cancellation period will expire 14 days after the day on which you, or a third party nominated by you, receives the products.

To exercise your right to cancel, you must inform us of your decision by a clear statement, such as an email to team@flycarb.com.

You may use the model cancellation form set out in Schedule 1, but you do not have to do so.

If you cancel your contract, you must return the products to us without undue delay and in any event within 14 days of telling us that you wish to cancel.

Unless the products are faulty or not as described, you will be responsible for the direct cost of returning the products.

We may reduce the amount of any refund to reflect any reduction in the value of the products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

We may be unable to accept cancellation of products where, for example, they have been used, opened or consumed, or where they have been inseparably mixed with other items, to the extent permitted by applicable law.

We will refund you using the same payment method you used to make the original purchase, unless otherwise agreed with you.

Right to a refund

Our products are supplied with statutory rights relating to satisfactory quality, conformity with the contract and fitness for purpose, as applicable under consumer law.

If you believe that a product is defective, damaged or does not conform to the contract, please contact us at team@flycarb.com as soon as reasonably practicable and provide details of the issue.

Where appropriate, we may ask you to return the defective product to us.

If you are entitled to a refund, we will process it within 14 days of agreeing that a refund is due, using the payment method used for the original purchase where possible.

Nothing in these Terms and Conditions affects your statutory consumer rights.

Where appropriate, we may offer you a replacement product instead of a refund, subject to your statutory rights.

Limitation of liability

We will not be liable for:

• losses that were not reasonably foreseeable when the contract was formed;

• losses that could have been avoided by you taking reasonable steps;

• losses resulting from your failure to follow product instructions or other reasonable guidance provided by us;

• losses arising from the use of our products for business or commercial purposes, unless otherwise agreed with us; or

• losses caused by events outside our reasonable control.

Nothing in these Terms and Conditions excludes or limits our liability where it would be unlawful for us to do so.

In particular, nothing in these Terms and Conditions affects your statutory rights as a consumer or excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.

Assignment and other dealings

We may transfer our rights and obligations under these Terms and Conditions to another organisation, provided that this does not affect your rights under these Terms and Conditions.

You may only transfer your rights or obligations under these Terms and Conditions to another person or organisation with our prior written agreement.

Other important terms

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be deemed to be deleted to the extent necessary, without affecting the validity and enforceability of the remaining provisions.

These Terms and Conditions, and any dispute or claim arising out of or in connection with them, are governed by the laws of England and Wales.

If you are a consumer, you will benefit from any mandatory provisions of the law in the country in which you live. Nothing in these Terms and Conditions affects your rights as a consumer under those provisions.

The courts of England and Wales will have jurisdiction over any dispute or claim arising out of or in connection with these Terms and Conditions, except where applicable law provides otherwise.

Schedule 1 – Model Cancellation Form

To: FLYCARB LTD, 82A James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE

Email: team@flycarb.com

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:

Product(s):
[Insert details]

Ordered on:
[Insert date]

Received on:
[Insert date]

Name of consumer(s):
[Insert name]

Address of consumer(s):
[Insert address]

Signature of consumer(s):
[Only if this form is notified on paper]

Date:
[Insert date]