UpBy9® Terms of Sale

Version 0.4.1, 12 October 2026.

A plain-English summary of your legal rights is at upby9.com/your-rights. It summarises your rights; it doesn’t reduce them.

1. Who we are

UpBy9® is a trading name of THEONETHING LIMITED, a company registered in England and Wales, company number 10427701.

Registered office: Suite 21, C/O Axis Professional Services, Edwin Foden Business Centre, Sandbach, Cheshire CW11 3AE.
Trading address (where we're based and where complaints can be sent): Marketing 3, Bank Farm Buildings, Aldford, CH3 6HJ.
Email: support@drinkupby9.com (our customer contact; we aim to reply within one working day, Monday to Friday, 9am to 6pm UK time, not bank holidays).
Returns address (our fulfilment centre, not our office): AOCC Limited, Unit 6, Pineapple Park, Road One, Winsford Industrial Estate, Winsford, Cheshire CW7 3PR. If you email us first, we'll reply with a returns reference to put on the parcel; it's optional (see clause 6.5).
We are not VAT registered, so no VAT is charged.

These terms apply to orders placed on upby9.com by consumers in the UK.

2. Our product

UpBy9 is an electrolyte food supplement, sold as a 30-sachet mixed-flavour carton (30 × 4.3 g sachets, each individually sealed). Best before: see the pack. UpBy9 is fundamentally saltier than sweet. The ingredients, allergens, nutrition panel and directions are on the product page and the pack. Food supplements should not be used as a substitute for a varied and balanced diet and a healthy lifestyle. Do not exceed the stated recommended daily dose. Keep out of reach of young children.

3. Ordering and when the contract is made

Choose your carton, go to checkout, check your order and details (you can correct mistakes before paying), then click "Place order and pay".
When you place your order, we send you an order-confirmation email. The contract is made when we send that email.
We keep a record of your order, and the confirmation email contains these terms or a link to them. Terms and ordering are in English only.
If we can't accept your order (for example, it's out of stock), we'll tell you and refund any payment within 14 days at most.

4. Price and payment

Prices are shown in pounds sterling on the product page. The total, including delivery, is shown before you pay. No VAT is charged (we're not VAT registered).
Mixed carton: £39.99 plus delivery. The delivery charge is shown at checkout before you pay. The Founding 100 offer is in clause 10.
Payment is taken at checkout through Squarespace's payment providers (card or PayPal). We never charge extra fees for paying or for refunds.

5. Delivery

UK addresses only, by Royal Mail Tracked. Our dispatch time and Royal Mail's usual delivery time are shown at checkout before you pay.
We'll deliver within 30 days of the contract unless we agree otherwise with you. If we don't, you can give us a reasonable extra period, or end the contract if delivery on time was essential, and we'll refund all your payments within 14 days at most.
Your order is our responsibility until it's in your hands (or those of someone you've nominated). If it's lost or damaged on the way, we'll replace it or refund you, whichever you prefer.
If a parcel comes back to us because of the delivery address on your order, we'll resend it for the cost of postage, or you can cancel and we'll refund your order in full, including the standard delivery you paid.

6. Your right to cancel (changed your mind)

You can cancel within 14 days, starting the day after your order arrives, without giving a reason.
To cancel, email support@drinkupby9.com with a clear statement, or use the model form in clause 6.6. It's enough to send your message before the 14 days end.
You pay the cost of returning goods if you change your mind.
Opened sachets can't be returned for hygiene reasons. Each sachet is individually sealed, and once opened the right to cancel is lost for that sachet. Unopened sachets, including those from a carton you've opened, can be returned within 14 days. This never applies to faulty or damaged goods; see clause 8.
Please post the items to our returns address, AOCC Limited, Unit 6, Pineapple Park, Road One, Winsford Industrial Estate, Winsford, Cheshire CW7 3PR within 14 days of telling us you're cancelling. If you email support@drinkupby9.com first, we'll reply with a returns reference to put on the parcel, which helps us match it. You don't have to wait for one: a return without a reference still counts, as long as we can tell whose it is (for example, your order number or name inside). This is separate from our trading address. A return sent to another of our addresses still counts and doesn't affect your rights, but it may take longer to reach us, so the refund clock in clause 7.1 starts when it reaches us or when you give us proof of posting, whichever is earlier.
Model cancellation form
To: THEONETHING LIMITED t/a UpBy9, Marketing 3, Bank Farm Buildings, Aldford, CH3 6HJ, support@drinkupby9.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.

7. Refunds after cancellation

We refund within 14 days of receiving the items back, or of you giving us proof of posting, whichever is earlier.

1A. If you cancel before we've dispatched your order, we refund everything, including delivery, within 14 days of you telling us. If it's already on its way, you can refuse it or send it back unopened, and clause 7.1 applies.

If you cancel the whole order, we refund the price and the standard delivery you paid. If you chose a more expensive delivery option, we refund delivery up to the cost of our standard option. If you cancel only part of your order (for example, unopened sachets from a carton you've opened), we refund the price of what you send back: each unopened sachet at the carton price divided by 30, rounded up to the nearest penny. We don't refund the delivery charge for a part cancellation, unless the delivery charge for what you kept would have been lower; then we refund the difference. Faulty, damaged or wrong items: see clause 8 (we refund delivery and pay the return postage).
Refunds go back to your original payment method, with no fee.
We may reduce a refund only if items come back handled beyond what's needed to see what they are (for example, damaged by you). We never deduct anything for unopened sachets returned as received.

8. Faulty, damaged or wrong goods (your legal rights)

We must supply goods that are of satisfactory quality, fit for purpose and as described. If they're not:

Within 30 days of delivery you can reject them for a full refund (including delivery).
Or you can ask for a replacement. If the replacement is also faulty, or replacing isn't possible, you can have a price reduction or reject the goods for a refund (final right to reject).
Within 6 months of delivery, a fault is assumed to have been there when the goods arrived, unless we show otherwise.
We pay any return postage (prepaid label or collection), and refunds are made within 14 days of us agreeing you're entitled to one.
A photo helps, but we won't refuse your rights without one. Nothing in these terms affects your legal rights.

9. Allergies and reactions

If you think you've reacted to UpBy9®, stop using it and get medical advice from your GP, a pharmacist or NHS 111, or call 999 in an emergency. If you can, keep the pack and email us at support@drinkupby9.com with the batch number and best-before date. We'll pass it to our senior team straight away and come back to you about a refund or replacement where you're entitled to one. Clauses 8 and 11 also apply.

10. Founding 100 offer

Promoter: THEONETHING LIMITED t/a UpBy9 (addresses in clause 1).
A 30-sachet mixed carton for £34.99 with free Royal Mail Tracked UK delivery, for the first 100 mixed cartons ordered on upby9.com: new customers only, one carton per customer.
"New customer" means someone who hasn't bought from upby9.com before (checked by name, email address and delivery address).
The offer starts at launch in January 2027 and ends when 100 Founding 100 cartons have been sold. Where we show how many are left, the count is live and accurate; otherwise we show no count. A cancelled or refunded Founding 100 carton returns to the pool. After that, the mixed carton is £39.99 plus delivery.
If a Founding 100 order is cancelled or refunded, the full refund is £34.99 (delivery was free), and the customer can't claim a second Founding 100 carton.
No cash alternative; can't be combined with other offers. This offer doesn't affect your statutory rights.

10A. Discount codes

Each discount code has its own conditions (for example an end date, a minimum spend or one use per customer), shown wherever we give you the code.
A code that's valid and meets its conditions will be honoured. If a valid code didn't apply to an order, tell us and we'll refund the difference.
A code that has expired, or whose conditions aren't met, can't be applied. Codes have no cash value and can't be combined unless the conditions say so.

11. Our responsibility to you (liability)

In short:

- We're responsible for loss you suffer that's a foreseeable result of us breaking these terms or not taking reasonable care.

- Nothing in these terms limits our responsibility for death or personal injury we cause, for fraud, for unsafe products, or for your legal rights in clauses 5 and 8.

- We're not responsible for business or work losses, for loss we couldn't have foreseen, or for loss to the extent it's caused by not following the directions, dose, allergen information or warnings on the pack. This never affects your rights if the product was faulty or unsafe.

- If your own fault contributed to a loss, any compensation is reduced to reflect your share.

- Nothing in this clause shortens the time limits the law gives you.

What we're responsible for. If we break these terms or don't use reasonable care and skill, we're responsible for loss or damage you suffer that is a foreseeable result. Loss is foreseeable if it was obvious it would happen, or if you and we both knew it might happen when you placed your order (for example, because you told us).
What we never limit. Nothing in these terms limits our responsibility for death or personal injury we cause, for fraud, for unsafe products, or for your legal rights in clauses 5 and 8.
What we're not responsible for.
a. Business and work losses. UpBy9® is sold for personal use only, so we're not responsible for business, work or self-employed losses, such as lost profit or lost business. This doesn't apply to loss that results from death or personal injury we cause (clause 11.2).
b. Not following the pack. We're not responsible for loss or harm to the extent it's caused by not following the directions, the stated recommended daily dose, the allergen information or the warnings on the pack or the product page (including "Do not exceed the stated recommended daily dose." and "Keep out of reach of young children."), by storing it in a way the pack says not to, or by a drop in quality that happens only because it was used after its best-before date. This doesn't affect your rights if the product was faulty, not as described or unsafe when it reached you (clauses 8 and 11.2).
c. Loss that isn't foreseeable (see clause 11.1).
d. Events outside our control. See clause 11.4.
e. Your share of responsibility. If a loss is caused partly by your own fault, any compensation we pay is reduced to reflect your share of responsibility, as the law provides. This doesn't reduce your remedies for faulty, damaged or wrong goods in clause 8.
Events outside our control.

We're not responsible for delay or failure caused by an event outside our reasonable control and that of the companies we use (our fulfilment centre and Royal Mail), such as severe weather, flood, fire, a public-health emergency or government action. Stock shortages, and problems we or they could reasonably have prevented, don't count.
If one happens, we'll tell you as soon as we can and do what we reasonably can to keep the delay short.
You can still cancel and get a full refund for anything we haven't delivered (clause 5.2), and your order stays our responsibility until it's in your hands (clause 5.3).

Telling us about a problem.

Please check your order when it arrives, and tell us about any problem as soon as you reasonably can after you notice it, at support@drinkupby9.com. That helps us put it right quickly.
This doesn't shorten the time limits the law gives you. For example, you have 30 days to reject faulty goods (clause 8.1), and you still have your legal rights after that.

Information we may ask for. To assess a claim, we may reasonably ask for:

proof of purchase (for example, your order number or confirmation email);
the batch number and best-before date from the pack;
photos of the product, the packaging or the problem; and
for a claim for compensation for an injury or illness, reasonable medical evidence of it (for example, a letter or note from your GP or another clinician). We'll only ask for this when assessing such a claim, and it's handled by a person, not by our customer service templates.

If it's safe to do so, please keep the product and its packaging in case we need to inspect it. If you can't provide something, tell us. We'll look at the information you can give us, and we won't refuse your legal rights just because something is missing.

Keeping any loss down. The law expects both of us to take reasonable steps to limit any loss. For example, stop using a product you think is faulty or that you've reacted to. Where we're responsible, we'll cover the reasonable costs of those steps.
About our product.

Food supplements should not be used as a substitute for a varied and balanced diet and a healthy lifestyle. Do not exceed the stated recommended daily dose. Keep out of reach of young children.
Please follow the directions on the pack.
We can't give health or medical advice. If you're not sure whether UpBy9® is right for you, please speak to your GP or a pharmacist.

If part of these terms isn't valid. If a court decides that any part of these terms isn't valid, the rest still applies.

12. Complaints

Email support@drinkupby9.com with "Complaint" in the subject (or write to our trading address). We'll reply within 2 working days and aim to resolve things within 14 days. We aren't a member of an alternative dispute resolution scheme. If you're unhappy with our final response, you can get free advice from the Citizens Advice consumer service, and you keep all your legal rights, including going to court.

13. Your data

We use your personal data to process your order and as described in our Privacy Notice: upby9.com/privacy. We're registered with the Information Commission (formerly the ICO),, registration number ZC163412.

14. Law and courts

These terms are governed by the law of England and Wales. If you live in Scotland or Northern Ireland, you can bring proceedings in your local courts, and the mandatory consumer law of where you live still protects you.

15. Changes

We may update these terms for future orders. The terms that apply to your order are the ones shown when you placed it.