Terms and Conditons of Sale
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.optimusprotein.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Information About Optimus Protein Limited
We operate the website www.optimusprotein.co.uk. We are Optimus Protein Limited, a company registered in England and Wales under company number 07404858 and with our registered office at Worsley House, North Road, St Helens, Merseyside, WA10 2BL. Our main trading address is Worsley House, North Road, St Helens, Merseyside, WA10 2BL. Our VAT number is 104712258.
By placing an order through our site, you warrant that:
1. you are legally capable of entering into binding contracts; and
2. you are at least 18 years old.
Pricing and Payment
The prices of the Products and delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Prices and delivery charges are subject to change at any time without prior notice. In the event that a Product or price is listed incorrectly (including promotions and/or special offers) due to a typographical error or an error in the information supplied from our suppliers, then we reserve the right to cancel the orders whether it has been confirmed or your credit card charged. If your card has been charged then we will refund the money immediately.
We are under no obligation to provide Products to you at the incorrect price, even after we have sent you a confirmation email.
Payment must be received in full prior to any Products being dispatched. Payment must clear into our banking facility before any Products are dispatched. Orders will be delayed if for any reason your payment fails our security checks. In the event of this you will be contacted by a member of our team.
All prices listed are inclusive of VAT.
The title of Products will not transfer to you until all of the Products have been paid for in full and the payment has cleared into our banking facility.
The Products will be at your risk from time of delivery.
All Products offered are subject to availability. If an item is out of stock then a member of our team will contact you and ask if you want to replace the Product, wait until it is back in stock or cancel the order. If you choose to wait until the Product is back in stock then it will delay the delivery of the Products.
Delivery times are estimates only. We take no responsibility for any delays caused outside of our control. Orders may be part delivered. If you fail to accept the delivery of a Product then it is deemed that the Products have been delivered and therefore all responsibility for the Products passes to them.
Damaged Goods & Returns
Notification of any damage to Products or non delivery must be made in writing to us within 48 hours of receiving your order.
We will only accept returned Products in the same state that they were dispatched. No refunds will be given for Products that are not in their dispatched state. Please refer to our Returns Policy for clarification.
If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy.
To cancel a contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
1. loss of income or revenue;
2. loss of business;
3. loss of profits;
4. loss of anticipated savings;
5. loss of data; or
6. waste of management or office time
Nothing in these terms and conditions excludes or limits our liability for;
1. death or personal injury caused by our negligence; or
2. fraud or fraudulent misrepresentation.
This provision does not affect your statutory rights as a consumer.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Optimus Protein Limited at email@example.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. 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 email, that such email was sent to the specified -mail address of the addressee.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Our Right to Vary These Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the confirmation email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
We will not be held responsible for the delay to dispatch Products or failure to perform any obligations under the contract with you due to circumstances out of our control including, without limitation, acts of God, fire, explosion, extreme weather conditions, war, national emergency, acts of terrorism, protests, riots, industrial disputes (whether or not involving our employees) or acts of local or Governmental authorities.
Confirmation of Contract
Upon acceptance of a contract of sale by us, a confirmation e mail will be sent out to the valid e mail address provided by you. The contract will only be formed when we send the confirmation email to you. The contract will only relate to those Products whose dispatch is confirmed in the confirmation email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate email. If the confirmation email fails to reach you then please contact our customer service team on firstname.lastname@example.org. You must ensure that all the terms and information of the order are complete and accurate.
Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales