Terms and conditions
1. OUR PRODUCTS
1.1 All products on our website are subject to availability. We reserve the right to refund your product or delay your delivery time if we are out of stock at that time. 1.2 We reserve the right to substitute certain products within your order. 1.3 We try to be as accurate as possible with orders, but due to most of our products being made to order we allow for a 10% leeway tolerance for all exterior and interior weight, sizes, dimensions, capacity, and measurements. 1.4 All images displayed on our website – www.proteinfoodshop.com – are purely for illustration purposes only. Your products may vary from the images shown, however please be aware we have made every effort to replicate the product images. Computer and laptop screen display colours significantly vary, therefore we cannot guarantee the colours portrayed on your screen are that of the product being purchased/sold. 1.5 Packaging of our products shown on www.proteinfoodshop.com may vary from the images shown on our website.
2. PRICE OF PRODUCTS AND DELIVERY CHARGES
2.1 www.proteinfoodshop.com offers a very large number of products. Due to certain circumstances, we cannot guarantee 100% of the time that the price shown is correct. Once we are aware of the pricing error, we will inform you immediately allowing you to either go ahead with the order and purchase that product at the correct cost, cancel that item specifically or cancel the order completely. We will only process your order once we have received confirmation from yourself on this matter. If we cannot get in touch with you we will treat this as a void order, therefore cancelling your delivery. You will be informed in writing. Please be aware: if the incorrectly priced item was unmistakable and obvious at the time therefore could have easily been recognised by yourself as a mispricing, we do not have to provide the products to you at the lower, incorrect price. 2.2 www.proteinfoodshop.com takes close care to make sure each price of each item is correct, however if we find a pricing error within the price of product(s) you have ordered, please refer back to clause 2.1 for what happens should this occur. 2.3 Once your order has been confirmed as Dispatched, product prices will not be affected in any way should the pricing structure of your ordered item(s) change. Prices may change from time to time. 2.4 Promotions, Discount Codes, Offer Codes and Products can be removed from the website – www.proteinfoodshop.com at any time, without warning. We – www.proteinfoodshop.com is not liable to anyone for withdrawing Promotions, Discount Codes, Offer Codes and Products from our website. Please be aware: www.proteinfoodshop.com has the right to refuse to process any order. 2.5 VAT – the prices of our products does include VAT (where applicable) at the current VAT rate chargeable within the UK at that time. Should the UK rate of VAT change between the date of your order and the date of when your products are delivered, we have the right to adjust the VAT you pay. Please be aware: this will not occur if you have already paid for the products in full before the VAT rate change has taken effect. 2.6 Please be aware: the prices shown does not include delivery charges. Please know our delivery charges are currently £5 per order, however these may change from time to time. Please also find quoted delivery charges at the Checkout.
3. OUR LIABILITY
This clause only applies if you are a consumer. 3.1 In the possible event of any breach of these Terms & Conditions by us, our liability is limited to the value of the products and/or services we supply. Under no circumstance shall we be liable for any incidental, indirect or consequential loss or damage. 3.2 The products we supply to you are only for private and domestic use, only. You agree to not use the products for any business or resale purposes, commercial, and we have no liability to you for any loss of profit or loss of business, business interruption, or loss of business opportunity. You agree NOT to consumes the products if for any reason you believe or are made aware that they are not fit for consumption or are not at the correct temperature. 3.3 We do not in any way exclude or limit our liability for the following:
- any breach of the terms implied in section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987;
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
4. OUR LIABILITY IF YOU ARE A BUSINESS
This clause only applies if you are a business customer. 4.1 The products we supply to you are only for internal use by your business, and you agree not to use the product(s) for any resale purposes. 4.2 Nothing in these Terms limit or exclude our liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987
4.3 Subject to clause 4.2, under no circumstances will we 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:
- loss of goodwill; or
- any indirect or consequential loss;
- loss of business opportunity;
- any loss of profits, sales, business or revenues;
- loss of anticipated savings;
- loss or corruption of data, information or software.
4.4 Subject to clause 4.2 and clause 4.3, 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. 4.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, warranty or condition which may be incorporated or implied 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.
5. OUR RIGHTS TO CANCEL APPLY REFUND
5.1 If Protein Food Shop have to cancel an order of products, before the products have been delivered due to an event outside of our control, or due to no stock, we will contact you immediately. Under these circumstances, if we have to cancel an order but you have already made payment to Protein Food Shop Ltd, we will refund you with the full amount as soon as possible.
6. INFORMATION ABOUT US – www.proteinfoodshop.com
6.1 We are The Protein Food Shop Ltd, a company registered in England and Wales under the company number of 09023306. Our registered office is located at Holgate Court, Western Road, Romford, RM1 3JS. 6.2 To get in contact with us, please head to our Contact Us page http://www.proteinfoodshop.com/contact-us/
7. COMMUNICATION BETWEEN OURSELVES AND YOU
7.1 When the Protein Food Shop Ltd refers to “in writing” specifically, this will include email. 7.2 Should Protein Food Shop Ltd need to contact you in writing, we will carry this out via email, phone or in the post, sent to the address you provide us with in your order. 7.3 If you are a consumer:
- If you wish to cancel a contract with Protein Food Shop Ltd in association with clause ___, then please contact us at firstname.lastname@example.org If we receive your order cancellation via post or email, the cancellation is effective from the date that Protein Food Shop Ltd receive your letter or email.
- Should you wish to get in contact with Protein Food Shop Ltd for another reason, you can email or post to: Protein Food Shop Ltd Unit 15 Thurrock Trade Park Oliver Road West Thurrock RM20 3AL
7.4 If you are a business:
- With regards to any communication or notice given by yourself to Protein Food Shop Ltd, or vice versa in connection with the contract, shall be in writing and delivered in person, emailed, posted on our website, by pre-paid first class post or next working day delivery.
- Any other form of communication will be deemed to have been received If delivered in person to our offices, if sent by pre-paid first class post or next day delivery service, at 9am on the second business day after posting, one business day post transmission, by email or if posted on Protein Food Shop Ltd website, immediately.
- In the situation of proving any notice, it will be sufficient to prove in case of a letter that such letter was correctly addressed, stamped and posted. In the case of an email, it was sent to the specified email address of the addressee.
- The provisions of this clause will not apply to the service of any proceedings or any other documents in any legal action.
8. PRIVACY INFORMATION
8.1 We undertake not to pass any of your personal and private details to any third party
This clause 9 only applies if you are a consumer. 9.1 Certain Products on our site can only be purchased if you are at least 18 years old. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site.
10. BUSINESS CUSTOMERS
10.1 If you are not a consumer, you confirm that you have authority from the business on whose behalf you are using our site to purchase Products. 10.2 These Terms constitute an agreement between you and us, and supersede all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. 10.3 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. 10.4 Both parties agree that neither of us shall have any claim for innocent or negligent misrepresentation, or negligence based on any statement in this Contract.
11. FORMATION OF THE CONTRACT
11.1 Our order process will allow you to check and amend anything before submitting your order to us. We ask that you take the time to read and check your order at each page of the order process. 11.2 Once you have placed an order, you will receive an e-mail from us acknowledging that we have received your request. 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 11.4. 11.3 We will confirm our acceptance of your order by e-mail confirming that the Products have been dispatched (Dispatch Confirmation). The Contract between us will then be formed 11.4 We will provide you with an order number and inform you of this when we confirm the order. Please quote your order number in all correspondence with us relating to the order. 11.5 If we are unable to supply a Product that may be out of stock, discontinued or had been priced incorrectly we will inform you by e-mail and will not process your order. If your order has already been paid for we will refund you the full amount as soon as possible. 11.6 We reserve the right to decline an order for any reason.
12. VARIATION OF TERMS
12.1 These Terms may be revised from time to time 12.2 When you order from us, the Terms in force at that time will apply to the Contract between you and us. 12.3 Whenever we revise these Terms in accordance with this clause 7.1, make you aware of the amendments at the top of this page.
13. RIGHT OF RETURN AND REFUND
This clause will only apply if you are a consumer. 13.1 IF YOU HAVE ANY DOUBTS AS TO WHETHER THE PRODUCT SUPPLIED IS FIT FOR CONSUMPTION PLEASE DO NOT CONSUME. YOU MUST CONTACT US IMMEDIATELY WITHOUT ATTEMPTING TO CONSUME THE PRODUCT. WE WILL REPLY AS QUICKLY AS POSSIBLE BUT IN THE MEANTIME DO NOT CONSUME THE PRODUCT. 13.2 As most of the Products supplied by us are fresh and supplied to order, the right to cancel a Contract does not apply. However, if due to unforeseen circumstances you may need to cancel an order, this may be possible if you contact us more than 48 hours before the date your delivery is due. 13.3 In respect of non-perishable goods, your legal rights to cancel will still apply. 13.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. You can find advice about your legal rights from your local Citizens’ Advice Bureau or Trading Standards office. 13.5 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 with any applicable delivery charges or reasonable costs that you may incur in returning the Product to us. 13.6 Unless the Products are faulty or not as described, responsibility for the cost of returning Products to us or, where relevant, the cost of us collecting the Products from you will be yours; 13.7 Please be aware that you have a legal obligation to keep the Products safe in your possession and to take reasonable care of the Products while they are in your possession. 13.8 Where possible all refunds will be made to you using the same method and to the same account as used by you to pay for your order. 13.9 All queries, wrong items, missing items and refunds/all discrepancies MUST require the proof of order with the invoice you receive in your box.
14. CANCELLATIONS BY US AND REFUND INFORMATION
14.1 If we have to cancel an order for Products are delivered due to an event outside of our control or the unavailability of stock, we will contact you at our earliest convenience. If we have to cancel an order 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.
15. HOW TO PAY
15.1 Payment for products and all applicable delivery costs is required in advance. Payment will be taken at some point between placing your order and when the products are dispatched. 15.2 All financial transactions are processed by our chosen merchant processor.
16. EVENTS OUTSIDE OF OUR CONTROL
16.1 Protein Food Shop Ltd are not 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 in 16.2 & 16.3) 16.2 An EVENT OUTSIDE OUR CONTROL means any event, omission, act or accident which is beyond our control, including without limitation strikes, lock-outs or other industrial action by third parties, riot, invasion, terrorist attack or threat of, civil commotion, war (whether declared or not) or threat or preparation for war, act of God, explosion, fire, flood, malicious damage, storm, earthquake, subsidence, tornado, hurricane, 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 machinery, plant or default of suppliers or subcontractors. 16.3 In an Event Outside Our Control taking place, which affects the performance of our obligations under a Contract:
- We will be in contact with you as soon as possible to alert you; also
- our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration that the Event Outside Our Control affects our delivery of Products to you. Protein Food Shop Ltd will arrange a new delivery date with yourself after the Event Outside Our Control is over.
17. PROMOTIONS AND DISCOUNT CODES
17.1 Promotional Items, Special Offers or Discount Codes can be withdrawn at any time without notice, all of the above are subject to availability and while stocks last. 17.2 Discount Codes can only be used once per order and we may decline to fulfil any order that may be on Promotion or included in a special offer. 17.3 You agree that you are using a Discount Code on our site in good faith. If you redeem or attempt to redeem a Code to which you, or a third party, are not entitled, you may be committing a civil or criminal offence. 17.4 Refunds for a Product that have been purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected. 17.5 Discount Codes issued will have their own Terms associated to them. These Terms will be explained at the time of issue. 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. 17.6 Introductory Offers are available for one-off purchases only and Protein Food Shop reserves the right not to honour Introductory Offers at our discretion.
18.1 Your order will be completed by the estimated delivery date as advised in our Dispatch Confirmation unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside of our control, you will be informed directly by us or our authorised courier company. All delivery dates are estimates and are not guaranteed. 18.2 Delivery will be completed when or our authorised courier company or us, deliver the Products to the designated address. If no one is able to take delivery, we, or our authorised courier company, will follow the instructions and the order will be left in an area that the authorised courier company considers safe. We will try to follow any delivery instructions you provide but this cannot be guaranteed. 18.4 Once we have received payment in full, including all applicable delivery charges and delivery has been successfully completed you will own the Products. 18.5 We do not deliver to addresses outside the UK, you may place an order for Products from outside the UK, but the order must be for delivery to an address in the UK. 18.6 Free delivery is available for all orders over £75 once all discounts, promotional codes and offers have been applied. 18.7 Please be aware that delivery times can vary, you can choose the next available estimated delivery date when placing your order. 18.8 Delivery of the Goods will be made to the purchaser address as specified in the order and the purchaser should make all arrangements necessary to take delivery of the Goods whenever they are scheduled for delivery. It is the purchasers responsibility to check ALL order confirmations prior to the order being dispatched. 18.9 Refusal of a delivery for whatever reason will result in the parcel is destroyed or automatically returned to the sender. Perishable items will not be resent and refusal of an order should be a last resort. 18.10 The purchaser agrees for the authorised courier to leave the parcel in a safe location. This is however down to the individual drivers discretion and cannot be guaranteed.
19. LOYALTY POINTS
19.1 For every £1 that you spend on ProteinFoodShop.com you will earn 1 loyalty point 19.2 Protein Food Shop Ltd reserves the right to discontinue our loyalty point retrospectively scheme at any given time 19.3 Protein Food Shop Ltd reserves the right to change the rate of which loyalty points are awarded at any given time 19.4 If you have not used your Loyalty Points within 6 months, they will automatically be deleted from your account 19.5 Loyalty Points can be used on a selection of products which change throughout the year
20.1 Entrants are free to unfollow Protein Food Shop at any given time after the draw has been completed 20.2 Entrants are free to unsubscribe from Protein Food Shop Ltd mailing list at any given time post completion of the competition 20.3 Entries which have been submitted on the basis that the entrant has Followed, Liked etc Protein Food Shop on any social media will always be verified 20.7 Competitions by Protein Food Shop Ltd are open to UK residents except for Protein Food Shop Ltd employees (and their families) 20.8 The use of false name(s), Social Media Account (where applicable), Postal Address, Email Address will result in automatic disqualification 20.9 Proof of age (18 or over) may be required 20.10 Entrants are free to Un-Like Protein Food Shop at any given time post competition draw completion 20.11 Unless stated otherwise, winners will be drawn at random from all correct and acceptable entries that Protein Food Shop receives within the closing time & date stated. This will be chosen by using a random integer generator provided by www.random.org 20.12 Winners will be alerted as soon as the draw has completed 20.13 Competition entries of which have been submitted on the basis that the entrant has “Liked” a specific page, article or other, on Facebook, will always be verified 20.14 Where it is applicable, the decision of the judges is final based on the criteria set out within the promotion. No such correspondence will be entered into over this decision 20.15 Entrants are free to Un-Like the page or article at anytime post competition draw completion 20.16 Email communication including the confirmation email which is an automatic process by entering an email address into the fields provided, will meet the CAN-SPAM Act requirements. This will be managed by the emailing systems of www.getresponse.com 20.17 Unless stated otherwise by Protein Food Shop, only one entry method per person is allowed. If the competition can be entered through multiple methods (Twitter, Facebook, Mailing list etc) then multiple entries are accepted, but only one per method. 20.18 A list of all the winners will be available in writing upon request 20.19 Winners automatically agree to use their name, and where applicable a photo/avatar from Social Media, Facebook, Twitter, Instagram etc – in any post-winning publicity 20.20 Email addressed will be retained at Protein Food Shop Ltd for any use required by Protein Food Shop Ltd but will not be passed on to any third parties. 20.21 Competitions may be modified or withdrawn at anytime under Protein Food Shop Ltd jurisdiction 20.22 Competition entries which have been submitted on the basis that the entrant entered their email address in the fields provided, must be verified by selecting the link within the automated confirmation email. 20.23 We reserve the right to alter or amend the terms of competitions and reject any entry from entrants who have not entered in the spirit of the competition 20.24 Competition prizes are as stated, are not transferable to another individual. No cash or any other alternative will be offered 20.25 Competition entries which have been submitted on the basis of the entrant retweeting a Protein Food Shop tweet on Twitter will always be verified 20.26 Protein Food Shop Ltd may choose to communicate special offers / deals and articles that may potentially be of interest, to email addresses submitted as part of the competition entry procedure. All communications will contain an option for unsubscribing from the list.
21. ADDITIONAL IMPORTANT TERMS
21.1 In the event that we transfer our rights and obligations under a contract to another organisation this will not affect your rights or our obligations under these Terms and Conditions. However, customers may only transfer their rights or obligations under these Terms to another person if we agree with you in writing beforehand. 21.2 This contract is between you the Customer and us The Protein Food Shop Limited. Only the aforementioned shall have any rights to enforce any of its terms. 21.3 Each paragraph of these Terms and Conditions operates separately. If a court or relevant authority decides that any of paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 21.4 If The Protein Food Shop Limited fail to insist that you perform your obligations under these Terms and Conditions, or if we fail to enforce our rights against you, or if we delay in doing so, it 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 decide to waive a default by you, we will only do so in writing and this will not mean that we will automatically waive any future default by you. 21.5 If you are a consumer please note that these Terms and Conditions are governed by English law. This means a Contract for the purchase of Goods through our site, and any dispute or claim arising out of or in connection with it, will be governed by English law. We jointly agree that the courts of England and Wales will have non-exclusive jurisdiction. If you are a resident of Northern Ireland you can also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you can also bring proceedings in Scotland. 21.6 If you are operating as 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 in accordance with the law of England and Wales. 21.7 If you are operating as a business, we jointly and 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).