Terms and Conditions
Digital Mosaic (www.dgital-mosaic.co.uk) owns and operates this Website under the trading name of Protein Fuel Up (www.proteinfuelup.com). This document governs your (Buyer) relationship with www.proteinfuelup.com (“Website”). Access to and use of this Website and the products (Goods) and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.proteinfuelup.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.proteinfuelup.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.proteinfuelup.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
We may amend these Terms from time to time. Any time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Products, promotions, offer codes and limited time offers can be withdrawn from the website at any time. www.proteinfuelup.com is not liable to anyone for withdrawing any Products from the Website or for refusing to process an order.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure or an Event Outside Our Control (defined below).
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, adverse weather conditions, storm, flood, earthquake, drought, subsidence, epidemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, Difficulty or increased expense in obtaining supplies from normal or anticipated sources of supply 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 for which we will not be responsible.
In order to contract with www.proteinfuelup.com you must have a valid Paypal account acceptable to us. www.proteinfuelup.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.proteinfuelup.com or may in some cases be a third party. Where a contract is made with a third party www.proteinfuelup.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The Prices for our Products may change from time to time, but changes will not affect any order which we have already confirmed with a Dispatch Confirmation, unless of an error.
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.
The Product price does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
Our site contains a large number of Products and it is always possible that, despite our reasonable efforts, some of the Products listed on our site may be incorrectly priced.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
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.
Payment will be taken via Paypal. Your card will be debited upon authorisation being received from Paypal. The monies received shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
We cannot be held liable in respect of the information given on this website.
Ingredients, nutritional information, Dietary and allergens may change. Always ensure you read the product label and do not rely solely on the information provided on the website.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.proteinfuelup.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.proteinfuelup.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
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. Delivery times can vary.
The delivery of your Good’s 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. The Buyer gives permission for the authorised courier to leave the parcel in a safe location, if no one is available at this address to collect the delivery. This is however down to the individual driver discretion and cannot be guaranteed.
We will also endeavour to follow any delivery instructions you have provided but this cannot be guaranteed.
Once we receive your payment in full, including all applicable delivery charges, you own the Products. On completion of the delivery, the Products will be your responsibility.
If the Buyer 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.
We offer free delivery that for all orders over £75 after all discounts, promotional codes and offers have been applied.
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 a UK address.
You agree to indemnify, defend and hold harmless www.proteinfuelup.com its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.proteinfuelup.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you believe that we have damaged or lost your Goods then you must:
– notify us before 14 days have passed from the date of the relevant Order. We may ask you to provide evidence to back up your claim for compensation.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.proteinfuelup.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.proteinfuelup.com.