To protect your own interests you must read and understand the following important terms before purchasing goods from our site.
If you are uncertain as to your rights under these Terms or you want any explanation about them please email or telephone our Customer Services team on 0330 223 3923. Please note that all calls to us will be charged at standard landline rates (BT land lines only, other network charges may vary). Calls may be recorded for quality and training purposes.
When you buy goods from us under these Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods Act 1979 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau.
1.1 These Terms explain how you may buy goods from the Site. You should read these Terms carefully before buying any goods. When buying any goods you agree to be bound by these Terms, our General Website Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy any goods unless we agree otherwise. If you have any questions about these Terms, please ‘contact us’.
1.2 These Terms are only available in English. No other languages will apply to these Terms.
1.3 The details of these Terms will not be filed with any relevant authority by us. If you need any further information on these Terms or any orders you have placed with us, please write to us at the following address: Protein Dynamix Ltd, 18 Stirling Park, Laker Rd, Rochester, ME1 3QR, United Kingdom.
In these Terms, the following words have the following meanings:
“Additional Terms” has the meaning given to it in Clause 2.2.2;
“Confirmation email” has the meaning given to it in Clause 2.1.4;
“General Website Terms” means the terms and conditions which govern how you use the Site
“Site” includes the following website: staxxbar.com and all associated web pages;
“Specific Terms” has the meaning given to it in Clause 2.2.1;
“Terms” the terms and conditions set out in this document, any Additional Terms and any Specific Terms;
“We, us or our” means STAXX Protein Bar which is owned and operated by Protein Dynamix LTD (a company registered in England and Wales under company number 9067911 and with VAT number VAT GB 270 3855 02 the registered office of which is at Protein Dynamix Ltd, 18 Stirling Park, Laker Rd, Rochester, ME1 3QR, United Kingdom
“You or your” means the person buying goods from the Site.
2 ORDERING GOODS FROM THE SITE
2.1 The steps required to create these Terms (eg a legally binding contract) between you and us are as follows:
2.1.1 You place an order on the Site by clicking on the relevant call to action button.
2.1.2 When your order is placed with us at the end of the online checkout process (e.g. when you click on the ‘order with obligation to pay’ button), we will email you to acknowledge that we have received your order. This order acknowledgement does not, however, mean that your order has been accepted by us.
2.1.3 We may send you an email to say that we do not accept your order. This is typically for the following reasons:
(a) the goods are not available
(b) we cannot obtain authorisation of your payment
(c) there has been an error by us on the pricing or description of the goods
2.1.4 We will only accept your order when we send you an email that confirms this (Confirmation email). At this point, a legally binding contract will be in place between you and us and at this point we will despatch the goods to you.
2.2 When you order goods from the Site, Specific Terms or Additional Terms or both may apply as follows:
2.2.1 Certain goods that we sell may have specific terms and conditions which apply to them. These are set out on the relevant webpage (Specific Terms). These Specific Terms may include matters relating to [specifically perishable goods, goods which are not advisable to be supplied except in particular age ranges, specific formulations]
2.2.2 We may also add to or replace these Terms with additional terms and conditions (Additional Terms). This may happen, for example, for security, legal or regulatory reasons. We will email to let you know if we intend to do this by giving you one month’s notice. You may end these Terms at any time by giving one month’s notice if we tell you that Additional Terms will apply to these Terms. When you buy goods from us under any Specific Terms or any Additional Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods Act 1979 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in any Specific Terms or any Additional Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau..
2.3 When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to us.
2.4 While we try to ensure that all weights, volumes and measurements set out on the site are as accurate as possible there may be a tolerance of up to [insert figure eg 1] % in such weights, volumes and measurements.
2.5 Any goods sold at discount prices will be identified and be stated to be sold as such on the Site. Such goods may not necessarily be in perfect condition so please check that they are of a satisfactory quality for their intended particular use.
3 NATURE OF THE GOODS AND FAULTY GOODS
3.1 The goods supplied are sports nutrition products. You should be aware that we offer no assurances that our products are suitable for any particular sports training regime. Their suitability and their compliance with any regulatory regime imposed on performance athletes is for users to determine for themselves in conjunction with their own coaches and advisors.
3.2 In particular, and without prejudice to clause 3.1, whilst some of products are World Anti-Doping Agency (WADA) tested as part of the Informed Sport program as set out at the relevant product page on the Website, not all products are so tested and no liability is accepted for any products’ compliance with any anti-doping regime whether WADA approved or otherwise or in respect of any customer or user’s reliance on any statements made by us in respect of such products. If any customer or user of our products is subject to in- or out-of-competition testing for banned or restricted substances, such customers and users are solely responsible for carrying out appropriate testing to ensure that the products are suitable and compliant for their specific requirements.
3.3 The law gives you certain legal rights if any of our goods are faulty. You have rights relating to refunds and to have such goods replaced if realistically possible. Nothing in these Terms affects these legal rights. If you want us to replace the goods or want a refund please email or telephone our Customer Services team on 0330 223 3923 as soon as reasonably possible. Please note that all calls to us will be charged at standard local rates (BT land lines only, other network charges may vary). Calls may be recorded for quality and training purposes. Further information on your legal rights on faulty goods can be obtained from your local Citizens’ Advice Bureau..
3.4 The packaging of the goods may vary from that shown on the Site.
3.5 If we experience difficulties in supplying certain goods we may need to substitute them with alternative goods of equal or better standard and value. We will try to email to let you know if we intend to do this but this may not always be possible. You may refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
4 ‘COOLING OFF’ PERIOD AND YOUR RIGHT TO CANCEL THESE TERMS
4.1 You have a legal right to cancel these Terms during the ‘cooling off’ period set out in this clause 4. During the ‘cooling off’ period if you decide that, for whatever reason, you no longer want goods that you have bought you may tell us that you want to cancel these Terms and obtain a refund. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau..
4.2 Your rights to cancel the Contract do not apply in certain limited circumstances such as where you obtain any goods which are described as perishable on the Site.
4.3 Your right to cancel these Terms starts from the date when these Terms are entered into in accordance with Clause 2.1.4. (i.e. when the Confirmation email is sent by us) and ends at the end of 14 days period after this date.
4.4 Please contact us if you want to cancel these Terms. You can email or call our Customer Services team on 0330 223 3923. Please note that all calls to us will be charged at standard local rate (BT land lines only, other network charges may vary.) Calls may be recorded for quality and training purposes.
4.5 Without undue delay after you contact us to cancel these Terms (and in any event within any time period specified in law, typically 14 days after we receive the goods back from you) we will refund the price of the goods and any delivery charges paid for by you. If you are cancelling the Terms and returning the goods because of a defect or the goods were not as described, we will also refund any reasonable costs that you incur in returning the goods to us. Any refunds will be made on the debit card or the credit card which you used to pay for the goods.
4.6 If you have already received the goods (such as if the goods have been delivered to you), you must return them to us as soon as possible. You have a legal duty to keep the goods in your possession, to take reasonable care of them and not to use them before you return them to us. If the value of the goods is less than it was because you have handled them beyond what is necessary (such as to see the nature, characteristics and functioning of the goods) then we may charge you an appropriate amount and take that amount from what we owe you. This might happen because you start to use the goods. Unless you are returning the goods because of a defect or the goods were not as described, you are responsible for the cost of returning the goods to us.
5.1 The estimated date for delivery of the goods will be set out in the Confirmation email. If something happens which is outside of our control and which affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the goods. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the Confirmation email, we will email you to let you know, will cancel your order and provide you with a refund.
5.2 Delivery of the goods will take place when we deliver them to the address that you gave to us. We use a number of different couriers to deliver our goods; if nobody is available to take delivery of the goods, please email Customer Services or call 0330 223 3923. Please note that all calls to us will be charged at national local rate (BT land lines only, other network charges may vary). Calls may be recorded for quality and training purposes. You will be responsible for the goods when delivery has taken place (including ensuring that you follow any instructions or manuals provided with the goods) and you will own the goods when we receive payment in full for them and any respective delivery charges. Please note that we do not make deliveries to any addresses outside of the UK.
6.1 You may pay for the goods by using the following credit cards and debit cards: Visa, Visa Electron, Maestro, Mastercard, Paypal.
6.2 We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the goods is secure by using an encrypted secure payment mechanism but in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.
6.3 Your credit card or debit card will only be charged when the goods are dispatched.
6.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. If your payment is not received by us and you have already received the goods that you ordered from us, you must pay for such goods within seven days or must return them to us as soon as possible. You must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals provided with the goods) and not use them before you return them to us. If you do not pay for the goods or return them to us in accordance with this clause we may collect the goods from you at your expense. We will email to let you know if we intend to do this.
6.5 Nothing in this clause affects your legal rights to cancel the Contract during the ‘cooling off’ period under Clause 4.
6.6 The price of the goods:
6.6.1 includes VAT at the applicable rate
6.6.2 does not include the cost of delivering the goods (for more details view delivery options)
6.6.3 is quoted in pounds sterling £/ GBP.
7 END OF THESE TERMS
7.1 If these Terms are ended it will not affect our right to receive any money which you owe to us under these Terms.
8 LIMITATION ON OUR LEGAL RESPONSIBILITY TO YOU
8.1 Except for:
8.1.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents)
8.1.2 fraud or fraudulent misrepresentation
8.1.3 breach of any of the provisions implied into these Terms under the Sale of Goods Act 1979 (or any other law), we will only be legally responsible to you for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into. We are not legally responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
9.1 We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Terms. Relevant United Kingdom law will apply to these Terms.
10 THIRD PARTY RIGHTS
10.1 No one other than a party to these Terms has any right to enforce any of the Terms.
GENERAL SITE CONDITIONS
11 VIRUSES AND HACKING
11.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
11.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and other relevant laws in other jurisdictions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.3 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 our site or to your downloading of any material posted on it, or on any website linked to it.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You have no rights to use any materials from this site save as expressly set out in this policy.
12.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference only.
12.3 You must not modify the permanent (hard-copy) or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
12.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
13 ACCEPTABLE USE
13.1 You may not use our site:
13.1.1 In any way that breaches any applicable local, national or international law or regulation.
13.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
13.1.3 For the purpose of harming or attempting to harm minors in any way.
13.1.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
13.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
13.1.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
14 LINKING TO OUR SITE
14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.2 You must not establish a link from any website that is not owned by you.
14.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in these terms and conditions.
14.4 If you wish to make any use of material on our site other than that set out above, please address your request to our Customer Services team.
15 LINKS FROM OUR SITE
15.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16 RELIANCE ON INFORMATION POSTED
16.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. In particular, all visitors are advised that the suitability of our products for any sports training regime and their compliance with any regulatory regime imposed on high performance athletes is for users to determine for themselves in conjunction with their own coaches and advisors.
17 OUR SITE CHANGES REGULARLY
17.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. We make every effort to ensure that all the information on our site is as accurate as possible at all times and in the event of an error we will endeavour to correct such error as soon as reasonably possible