Peak Nutrition Ltd – All Websites Owned & Operated by Peak Nutrition Ltd.
Terms and Conditions for Use and Sales
Last updated 24/02/2010
1. Our websites
Your use of this website (or any of our websites) and any service contained within constitutes acceptance of these Terms & Conditions.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
3. Privacy
Peak Nutrition Ltd takes your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product. We will always endeavour to indicate on the website whether the item is in stock or not but sometimes this may not occur.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter or via our online helpdesk system) within 30 calendar days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
7.5 No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective. Products such as pelvic toners, devices applied directly to contagious body parts (such as cold sored) and jewellery that pierces the body fall under this remit.
7.6 Please observe the following procedure for all returns to us:
7.6.1 You must contact us (using the appropriate Contact Us details on the website) to receive authority to return goods. You will be issued with an RMA number. On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return along with the RMA number you have been issued by.
7.6.2 If you are returning your product because it is defective, please state the defect or defects.
7.6.3 Please repackage the product with its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product where possible
7.7 {Removed - 04/07/2008}
7.8 You are responsible for paying any postage or shipping costs incurred when returning the product unless otherwise agreed with us.
7.9 We recommend that all returns be sent by registered post, so that a record of the return is available for you. You should also adequately ensure the item – we suggest Royal Mail Special Delivery for the UK.
7.10 We will not issue refunds for any items lost or stolen in transit to us if sent after 30 days after original receipt of the goods.
7.11 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return if sent after 30 days after original receipt of the goods.
7.12 If you fail to return a product to us, we may make arrangements to have the product collected from you if agreed with us at the time of approving the return and issuance of an RMA number. The cost of this collection will be passed on to you.
7.13 Unused products may be returned promptly to us noting that you should still contact us to arrange for the issuance of an RMA number.
7.14 Subject to the above, we will refund the purchase price of a returned product, less any re-stocking charge stipulated on the website from which the purchase took place, within thirty days of the returned items being received by us.
7.15 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect and you are accepting a replacement product. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery unless otherwise agreed with us.
7.16 Money back guarantees exist for many of our products and the terms and conditions of these guarantees may vary between products and websites. The terms and conditions stated against these product details, on the website, or as stated on the Guarantees/Returns pages on the relevant website, take precedence over these terms and it is your responsibility to ensure you fully understand and accept these terms before purchase.
7.17 Loyalty Points/Reward Points: When an item is returned and refunded the loyalty/reward points on that order will be deducted from the customer account. If the customer does not have enough points in their account to accomodate the deduction the balance of the points will be deducted in cash value from the refund issued.
7.18 Loyalty Points/Reward Points Value: We reserve the right to amend the quantity of points a product earns at any time without prior notice. We also reserve the right to amend the redemption value of our points without prior notice.
7.19 Money Back Guarantees are NOT covered when products are purchased through Amazon Marketplace or MyFaveShop or any other affiliated website that promotes our products and allows you to purchase through them.
7.20 Refunds or Replacements for Fautly Items: We will always replace a faulty item once we have ascertained that the item is in fact faulty. This may take 1 to 2 weeks though we will be as quick as possilble. Some items may have to be returned to the manufacturer for testing. We will not issue a refund for a faulty item unless it is found to be faulty within 30 days of delivery to you. If it is faulty after 30 days we will issue a replacement instead.
8. Customer Complaints
We endeavour to respond to all customer complaints or queries within 24 hours not including weekends or bank holidays.
9. Faulty Products
Where a Customer experiences a fault with a product it can be returned to Peak Nutrition Ltd, subject to our returns policy above. Please note we will not issue a refund for a faulty item unless it falls faulty within 30 days of delivery. After this time we reserve the right to issue a replacement instead.
10. Events outside our control
Peak Nutrition Ltd shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
11. Licence
11.1 Peak Nutrition Ltd grants you a licence to access the content, information and services contained within our website for personal use only.
11.2 This licence allows you to download and cache (using your browser) individual pages from our website.
11.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
11.5 Our website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
11.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
12. Copyright
12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Peak Nutrition Ltd, unless expressly acknowledged as otherwise.
12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13. Reasonably Foreseeable Losses
13.1 Peak Nutrition Ltd will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
14. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
15. Waiver
Failure by Peak Nutrition Ltd to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
16. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and Peak Nutrition Ltd. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.
17. Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.
Our contact details are as follows:
Peak Nutrition Ltd, Unit 5 Barlow Drive, Winsford, Cheshire, CW7 2GN
Email: Please contact our online helpdesk on http://helpdesk.peak-nutrition.co.uk
Telephone
From within the UK: 0800 612 6394
International: +44 800 612 6394
Fax
From within the UK: 0870 731 5029
International: +44 870 731 5029
Company registration number: 5038953
VAT registration number: 831 2637 46
