. GENERAL
By visiting this eBay store or placing an order for Products therein, the User accepts and agrees to be bound by these terms and conditions. It is advised that Users read these terms and conditions in full, and if Users do not agree to be bound by these terms, they should not use the Website. Protein Bargain reserves the right to change, alter or update these terms and conditions at any time, and without prior notice. However, such changes, alterations or updates will be of no effect concerning orders made before posting of the amended terms or conditions on this Website.
Company Number: 8268672 VAT: 168821381
2. PLACING YOUR ORDER
2.1. To place an Order, Users must be 18 years of age or over, be accessible by telephone, and have a valid email address.
2.2. Users may place an order by completing the order form on the Website after logging into or creating your personal account, and clicking on the appropriate submission button. Protein Bargain will not accept orders placed in any other way.
2.3. When you place your order, Project Fitness Limited will issue you with a Web Order Number. Protein Bargain will do this via the Website, and confirm it via your specified email address. Please note that assignment of a Web Order Number is for reference purposes only, and does not constitute an acceptance of your order.
2.4 All orders are subject to acceptance on the part of Protein Bargain and availability.
2.5. By placing an order, you make an offer to us to purchase the Products you have selected based upon these terms and conditions. Protein Bargain reserves the right to accept or reject this offer at its own discretion, and may reduce the number of Products delivered to you in any accepted offer. However, orders submitted by you are binding, and cannot be cancelled after order submission.
2.6.If Protein Bargain accepts your order, you will be notified of our acceptance by issue of an order confirmation, and this will be sent to the e-mail address provided by you. The order confirmation will be effective as of the date on which this order confirmation is sent to you. If we cannot accept your order, however, we will make a concerted effort to contact you by email, telephone or post.
2.7. The on-screen display of the colours, designs, products on our website may differ from the actual appearance or size of products offered.
3. SUPPLY OF YOUR PRODUCTS
3.1 Subject to these terms and conditions, Protein Bargain will supply to you the Products indicated on your order confirmation.
4. PRICES
4.1. All prices on this website are in GBP, and the price of any given Product is that published on this Website at the time you submit your order.
4.2 Protein Bargain reserves the right to change prices at any time without notice to you (however, such changes will be of no effect if a Dispatch Confirmation has already been issued).
4.3. The prices published on the eBay store are inclusive of VAT (where applicable) but may be exclusive of shipping costs, which may incur additional expense. These costs will be calculated separately, as applicable and specified on the order form, and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products, including shipping.
4.4. If, by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price, provided that we notify you of this error before we despatch said Product to you. In these circumstances, we reserve the right to cancel your order. In the event that we do cancel your order, we will give you a full refund of any amount already paid for that Product, in accordance with our return and refund policy.
4.5. Delivery costs, where applicable, are payable by you as indicated on your order confirmation.
4.6 Any discount codes are to be used strictly on the terms and conditions upon which they were issued, including, (though not exclusively), conditions relating to eligibility and maximum order value.
5. PAYING FOR YOUR PRODUCTS
5.1. You may pay for your Products by the methods of payment displayed at the eBay checkout.
5.2. You must pay in the currency indicated on your invoice.
5.3. If you are paying by credit or debit card, then you must supply your credit or debit card details when you place your Order. Protein Bargain will not supply the Products to you, nor perform the services, until your credit or debit card issuer has authorised the use of your card for payment of the Products and/or services ordered. If Protein Bargain does not receive such authorisation, we shall inform you accordingly.
5.4 By ordering Products on this website, you confirm that the method of payment, whether credit card, debit card, PayPal account or any other, is yours, and Protein Bargain reserves the right to verify the identity of the credit or debit card holder by requesting the appropriate documentation.
6. DELIVERY OF YOUR PRODUCTS
6.1. Protein Bargain will deliver the Products to the delivery address you have specified in the order form, and in accordance with the delivery option you have chosen.
6.2 In the event you order numerous Products to be delivered to different addresses, you are required to submit a separate order form for each delivery address.
6.3 Any delivery or shipment dates given by Protein Bargain are best estimates only, and we shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given.
6.4 In the event that any of the Products ordered are out of stock, the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post, but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by eBay. 6.5. Title to and risk of loss in your Products will pass to you on delivery of the Products.
6.6. Upon delivery of the Products to the carrier, Project Fitness will send you a confirmation of shipment by e-mail (provided you have indicated an e-mail address on the order form) or by post.
7. DELIVERY OF YOUR PRODUCTS WHERE CUSTOMER ADDRESS IS NOT UK mainland, NI, Isle of Man, Spain, Italy, France, Germany or the Netherlands
7.1. All ownership, title and risk in the Products will pass to you immediately at the point and time at which such Products are placed at your disposal at our premises in the UK.
7.2. You acknowledge and agree that it is your responsibility to arrange for a courier to deliver the Products to you, or alternatively, to collect the Products yourself from Protein Bargain premises.
8. EXCHANGES, RETURNS AND REFUNDS
8.1. You may return the Product to Protein Bargain, or cancel the entitlement to services and obtain a refund of the price of the returned Product, provided that you contact us within seven (7) working days from the date on which the goods are delivered.
8.1.1. If a Product was supplied in error, or is incomplete or faulty, and you believe that you are entitled to a replacement or repair in accordance with paragraph 8.1.2, 8.1.3., and 8.1.4. below, please call the Protein Bargain customer care team on 0800 206 1646.
8.1.2. If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s) or entitlement to Service to us for a refund, provided:
• You inform Project Fitness within seven (7) working days from the day after the goods are delivered of your wish to return the product; and
• You have proof of purchase (i.e. order number / identification)
8.1.3. Please note, however, that while the Product(s) remain in your possession, you are under a duty to ensure that the Product(s) are kept safe and secure, and Protein Bargain will not be held responsible for any damage which occurs during this time.
8.1.4. The following steps must be followed in order to claim a refund:
. i. Cancellation can be exercised in writing or any other durable medium, by messaging us or writing to us at Unit 3, 9 Dunnigs Bridge Road, Bootle, L30 6TA
. Before returning any Product(s), it is helpful if you check that you have:
Used appropriate packaging;
Clearly displayed the returns address;
Sealed the packaging securely.
. Following these steps will help to ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion.
8.2 Though you are solely liable for the costs of returns, any refund given by Protein Bargain in accordance with the above provisions will include the full value of both the Product and the outbound shipping costs.
8.3 If a Product is sold as part of a product combination (bundle), in which other Products are offered for free or at a discount in comparison to their usual price, the bundled product must, at Protein Bargains request, be returned with the product purchased. Protein Bargain reserves the right to raise an invoice in respect of any free or discounted bundles product not so returned.
9. WARRANTY
9.1. Protein Bargain - branded Product Warranty:
Protein Bargain warrants the Products as stated on the Website. Specific warranties may apply to certain Products (such as customised Products), again as specified on the Website. Should the Product supplied by us not comply with the applicable warranty, we shall, at our own option and expense and unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, we hereby disclaims, to the fullest extent permitted by law, any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.
9.2. If you act as a ‘consumer’, (i.e. not in the course of your business), the warranties referred to above are in addition to and do not affect your statutory rights.
10. PROTEIN BARGAIN LIABILITY
10.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products, as well as the performance of telephone support, and warranty/any other services.
10.2. Save as set out at paragraph 9.1 above, there are no warranties, conditions or other terms that are binding on our eBay store, regarding the supply of Products except as expressly stated in the contract.
10.3. Any warranty, condition or other term arising out of, or in connection with, the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill), is hereby expressly excluded to the maximum extent permitted by law. In particular, pwe will not be responsible for ensuring that the Products are suitable for your purposes.
10.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence, (ii) for fraud or (iii) for any breach of the obligations implied by applicable compulsory national laws as to title, or (iv) any liability which cannot be excluded by law.
10.5. Subject to these provisions, protein bargain will not be liable under the contract for any loss of income, profits, contracts, data or for any indirect or consequential loss or damage of any kind, howsoever arising, and whether caused by tort (including negligence), breach of contract or otherwise.
10.6. Protein Bargain's maximum aggregate liability under the contract whether in tort (including negligence) or otherwise, shall in no circumstances exceed the amount payable by you to protein bargain in respect of the Product(s) and/or services in question.
10.7. This does not affect your statutory rights as a consumer, or your right to return the Products as per section 8.
11. CONTACTING PROTEINBARGAIN
11.1. You can contact Protein Bargain on 0800 206 1646 between 09:00 and 18:00 Monday – Friday, excluding Public Holidays.
12. DATA PROTECTION
12.1. Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s), and you may check the status of your order(s) and order content.
12.2. By placing your order, you agree and understand that we may store, process and use the data collected from your order form for processing your order. This data will be treated in conformance with the Privacy Policy. If you wish to have access to information we hold which concerns you, wish to make any changes to it, or if you do not want to receive information from us please follow the update procedure set forth in the Privacy Policy.
13. CIRCUMSTANCES BEYOND REASONABLE CONTROL
13.1 ProteinBargain will make every effort to perform its obligations under the contract.
13.2 However, Project Fitness Limited cannot be held responsible for delays or failure to perform, if such delay or failure is caused by any circumstances beyond our reasonable control.
13.3. In the event of a delay, we will perform our obligations as soon as reasonably possible.
14. DISAGREEMENTS GOVERNING LAW AND JURISDICTION
14.1 Protein Bargain will try to solve any disagreements quickly and efficiently.
14.2 If you are unhappy with the way we deal with any disagreement and you wish to begin court proceedings, you must do so within the courts of England & Wales.
14.3 The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
15. GENERAL
15.1. Neither your or Protein Bargains failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
