DO NOT CONSUME A PRODUCT IF YOU HAVE ANY DOUBTS OF WHETHER THE PRODUCT IS FIT FOR CONSUMPTION. CONTACT US IMMEDIATELY WITHOUT ATTEMPTING TO CONSUME THE PRODUCT.
The Terms and Conditions (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website http://www.progainsmeals.com our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms for future reference.
We may amend these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the Professional Gains website. We are Pro Gains Limited, a company registered in England and Wales under company number 09407495 and with our registered office at 558 Walsall Road, Great Barr, B42 1LR.
1.2 To contact us, please see our Contact Us page http://www.progainsmeals.com/contact
1.3 We do not store credit card details nor do we share customer details with any 3rd parties
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because our Products are made to order, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability.
2.5 Under certain circumstances we reserve the right to substitute certain products which may form part of your order.
3. USE OF OUR SITE AND PRIVACY INFORMATION
3.2 Please take the time to read these policies as they include important terms which apply to you.
This clause only applies if you are a consumer.
4.1 To comply with licensing and other legislation some products on this website are only available to those aged 18 years and over. Products which display this icon are only available to people over the age of 18.
We cannot sell alcoholic products to anyone under 18. For this reason, we may refuse an order or refuse to make a delivery at our discretion.
Orders may not be transferred from you as the customer to any other person. By placing an order on musclefood.com you confirm that you and the person the order is to be delivered to, are aged 18 years or over.
Pursuant to the Licensing Act 2003 it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £1,000.
In accepting these Terms and Conditions you agree to provide Musclefood.com truthful and accurate information and act in accordance with the Licensing Act of 2003.
5. IF YOU ARE A BUSINESS CUSTOMER
This clause 5 only applies if you are a consumer.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your pending order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4 We shall assign an order number to the order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order. Acceptance of your Order is on delivery of the order to yourself.
6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6.6 We reserve the right to decline an order for any reason.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 8 only applies if you are a consumer.
8.1 IF GOODS ARE NOT FIT FOR CONSUMPTION ON RECEIPT OF DELIVERY PLEASE CONTACT US IMMEDIATELY. YOU MUST NOT CONSUME A PRODUCT THAT YOU BELIEVE IS NOT AT THE RIGHT TEMPERATURE OR IS NOT FIT FOR CONSUMPTION.
IF YOU HAVE ANY DOUBTS, DO NOT ATTEMPT TO CONSUME THE PRODUCT AND CONTACT US IMMEDIATELY. WE WILL ENDEAVOUR TO REPLY QUICKLY BUT IF THE REPLY IS DELAYED – DO NOT CONSUME THE PRODUCT.
8.2 Most of the Products on our site are perishable. This means that the right to cancel a Contract does not apply. However, we understand that sometimes you may need to cancel an order and although our products are specifically prepared for your order, if you contact us more than 48 hours before the date your delivery is due, it may be possible to cancel the Contract.
8.3 For non-perishable goods, your legal rights to cancel still apply.
8.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.5 If you have returned a Product to us because it is faulty or mis-described, we will refund the price of such defective Product in full, together with any applicable delivery charges or reasonable costs you incur in returning the Product to us.
8.6 Unless the Products are faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;
8.7 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.8 Where applicable, refunds will be made to you using the same method and to the same account as used by you to pay for your order.
9. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 If we have to cancel an order for Products before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock, we will contact you promptly. If we have to cancel an order in these circumstances and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you as soon as possible.
10. PROMOTIONAL OFFERS AND VOUCHER CODES
10.1 We reserve the right to extend, withdraw or cancel promotional items, special offers or voucher codes, at any time for any reason without notice. All offers are subject to availability and while stocks last.
10.2 A voucher code can only be used once per order. We may decline to fulfil any order including bulk purchase of Products on promotion or included in a special offer. Only one code, special or offer or promotional voucher can be used per an Order.
10.3 You warrant that you are using a voucher code on our site in good faith. If you redeem or attempt to redeem a voucher to which you, or a third party, are not entitled, you may be committing a civil or criminal offence.
10.4 If we make a refund for a Product that has been purchased under a promotional offer, the refund will be based on the terms of the promotional price. Your statutory rights are not affected.
10.5 In the event that Discount Voucher Codes are issued, they will have their own terms associated to them. These terms will be explained at the time the code is issued (if the code is issues electronically or physically, i.e. posted/delivered, then the terms will be explained in writing). If you are in possession of a code that does not work please contact customer services immediately. If the code is not working as a result of its individual terms and conditions then this will be explained.
10.6 Any Introductory Offers are available as one-off purchases only and the Supplier reserves the right not to honour Introductory Offers at their discretion.
11.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, you will be informed by ourselves or our authorised courier company. All delivery dates are estimates and are not guaranteed.
11.2 Delivery will be completed when we, or our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the instructions the order will be left in an area that the authorised courier company considers safe. We will also endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
11.3 If you have ordered alcohol from our site, someone over the age of 18 will be required to sign for the delivery. If no one over the age of 18 is available at your address to sign for the delivery of alcohol, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to re-arrange delivery in which case applicable delivery charges shall apply.
11.4 The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.
11.5 Unfortunately, we do not deliver to addresses outside the UK. However, you may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
11.6 Free delivery is not available.
11.7 Delivery times can vary, you can pick the next available estimated delivery date when placing your order.
11.8 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. It is the Buyer’s responsibility to check ALL order confirmations prior to the order being dispatched.
11.9 If the customer refuses a delivery for whatever reason, the parcel is destroyed or automatically returned to the sender. Perishable items cannot be resent and refusing an order should be a last resort.
11.10 The Buyer gives permission for the authorised courier to leave the parcel in a safe location. This is however down to the individual driver discretion and cannot be guaranteed.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation, unless of an error (12.5).
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. In all circumstances please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12.6 Products can be withdrawn from the Website at any time and promotions, offer codes and limited time offers can be withdrawn at any time. The Supplier is not liable to anyone for withdrawing any Products from the Website or for refusing to process an order.
13. HOW TO PAY
13.1 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until 24 hours prior to the dispatch date.
13.2 Please be aware, if you are paying through PAYPAL the payment will be taken immediately.
13.3 All financial transactions are processed by our chosen merchant processor.
14. OUR LIABILITY
This clause 13 only applies if you are a consumer.
14.1 Except as may be implied by la,, in the event of any breach of these Terms and Conditions by the us, our liability is limited to the value of the Products and/or Services we supplied. Under no circumstances shall we be liable for any indirect, incidental or consequential loss or damage whatsoever.
14.2 We only supply the Products to you for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to NOT consume the products if for any reason you believe they are not at the right temperature or not fit for consumption.
14.3 We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- (e) defective products under the Consumer Protection Act 1987.
15. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
15.1 We only supply the Products to you for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- (d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- (a) any loss of profits, sales, business, or revenue;
- (b) loss or corruption of data, information or software;
- (c) loss of business opportunity;
- (d) loss of anticipated savings;
- (e) loss of goodwill; or
- (f) any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (defined below).
16.2 An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, or failure of a utility service or public or private telecommunications networks or impossibility of motor transport or other means of private transport, breakdown of plant or machinery or default of suppliers or subcontractors.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
17.2 If you are a consumer:
17.3 If we have to contact you or give you notice in writing, we will do so by e-mail, phone or by post to the address you provide to us in your order.
17.4 If you are a business:
- (a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our site.
- (b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if sent by e-mail, one business day after transmission; or, if posted on our site, immediately.
- (c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- (d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.7 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).