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Terms & Conditions

1. DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;

1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;

1.6 "Supplier" means Delicious Marketing Group that owns and operates MuscleFood.co.uk;

1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.8 "Website" means MuscleFood.co.uk

2. CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.

3. ORDERING

3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

3.3 Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.

4. PRICE & PAYMENT

4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT.

4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.

4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.

4.5 In terms of recurring monthly subscriptions/memberships, orders will be processed on the second Sunday of each month and payment of the price plus VAT and delivery charges, if applicable, will be taken at that point.

4.6 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

5. PERFORMANCE OF SERVICES

5.1 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

6. RIGHTS OF SUPPLIER

6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.

6.3 The Supplier reserves the right to withdraw or suspend any promotion or offer code at any time.

6.4 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

NUTRITIONAL INFORMATION

All nutritional information is given without warranty, and is not intended to replace the advice of a nutritionist or health-care professional. MuscleFood Ltd's opinions and ratings are based on weighted averages of the nutrient densities of those nutrients for which the FDA has established Daily Values, and do not consider other nutrients that may be important to your health or take into account your individual needs.

Nutritional information provided is intended for general guidance only and is not guaranteed to be 100% accurate due to natural fluctuations in foods.

7. DELIVERY

7.1 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree to a new delivery date or receive a full refund.

7.2 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

7.3 48 hour delivery is subject to availability of available delivery slots and postcode restrictions.

7.4 Delivery of the Goods 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.

7.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

7.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

7.7 If the customer refuses a delivery for whatever reason, the parcel is automatically returned to the Supplier and a return delivery charge is applied to the Buyer.

7.8 Our couriers Yodel have permission to leave a package in a place they deem safe if the package cannot be signed for. This is however down to individual driver discretion and cannot be guaranteed.

8. CANCELLATION AND RETURN

8.1 The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days (with the exception of cases outlined in 8.2 and 8.3). The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.

8.2 In the case of a pre-paid subscription/membership order that covers multiple monthly deliveries, the buyer may cancel the subscription/membership up to midnight on the day before the first monthly subscription is due to be despatched and a full refund will be issued. If cancellation is requested after this date then the amount to be refunded, if any, is at the Suppliers discretion.

8.3 In the case of a Trial Selection that leads into a recurring monthly subscription/membership order, the buyer may cancel the subscription/membership at any time and a full refund for products that have not yet been despatched will be issued. If, however, the Buyer exercises this right to cancel after 00:00 GMT on the day that the product is due to be despatched then the product will be not be eligible for refund and the delivery of goods will be honoured.

8.4 In the case of a recurring monthly subscription/membership order, the buyer may cancel the subscription/membership at any time and a full refund for products that have not yet been despatched will be issued. If, however, the Buyer exercises this right to cancel after 00:00 GMT on the day that the product is due to be despatched then the product will be not be eligible for refund and the delivery of goods will be honoured.

8.5 It is recommended that cancellation is made as early as possible, and that it is made via telephone by calling the Muscle Food customer support team on 0115 979 8487 between 9am and 6pm Monday to Friday. Cancellation can be requested by email, however cancellation requests made by email will only be processed during the normal working hours of the customer support team, and they are only valid once receipt of the cancellation request has been confirmed via email or telephone call by the Muscle Food customer support team.

8.6 Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned.

8.7 Goods to be returned must clearly show the order number obtained from the Supplier on the package.

9. LIMITATION OF LIABILITY

9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

10. WAIVER

10.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

11. FORCE MAJEURE

11.1 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

12. SEVERANCE

12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13. CHANGES TO TERMS AND CONDITIONS

13.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the English courts.

15. DISCOUNT VOUCHER CODES & INTRODUCTORY OFFERS

15.1 In the event that Discount Voucher Codes are issued, they will have their own terms associated to them. These terms will be explained at the time the code is issued (if the code is issues electronically or physically, i.e. posted/delivered, then the terms will be explained in writing). 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.

15.2 Any Introductory Offers are available as one-off purchases only and the Supplier reserves the right not to honour Introductory Offers at their discretion.

16. SUBSTITUTION OF PRODUCTS

Under extreme circumstances we reserve the right to substitute certain products which may form part of a product or subscription/membership selection.

17. COMPETITIONS

17.1 Entry is open to residents of the UK except employees (and their families) of Delicious Marketing Group.

17.2 The entrant(s) must be aged 18 or over. Proof of identity and age may be required.

17.3 Use of a false name, email address, postal address, Facebook account or Twitter account (where applicable) will result in disqualification.

17.4 Competition entries which are submitted on the basis that the entrant has entered their email address in the fields provided must be verified by way of clicking a link within the automated confirmation email.

17.5 Entrants are free to unsubscribe from the Muscle Food mailing list at any time after the draw has been completed.

17.6 Competition entries which are submitted on the basis that the entrant has followed Muscle Food on Twitter will always be verified.

17.7 Entrants are free to unfollow Muscle Food at any time after the draw has been completed.

17.8 Competition entries which are submitted on the basis that the entrant has Liked Muscle Food on Facebook will always be verified.

17.9 Entrants are free to un-Like Muscle Food at any time after the draw has been completed.

17.10 Competition entries which are submitted on the basis that the entrant has retweeted a Muscle Food tweet on Twitter will always be verified.

17.11 Competition entries which are submitted on the basis that the entrant has Liked a specified page or article on Facebook will always be verified.

17.12 Entrants are free to un-Like said page or article at any time after the draw has been completed.

17.13 Email addresses will be retained by the Delicious Marketing Group for use by Muscle Food, but they not be given or sold to any third party.

17.14 Muscle Food may communicate special offers and articles that may be of interest to email addresses submitted as part of the competition entry process. All such communications will contain an option for unsubscribing from the list.

17.15 All email communication, including the confirmation email that is automatically triggered by entering an email address into the fields provided, will be meet the CAN-SPAM Act requirements and will be managed by the emailing systems of www.getresponse.com.

17.16 Unless stated otherwise winners will be drawn at random from all correct entries received by the closing date stated using the random integer generator provided by www.random.org.

17.17 Winners will be informed via email as soon as the draw has taken place.

17.18 Winners agree to the use of their name, and where applicable photograph/avatar from Facebook or Twitter, in any post-winning publicity.

17.19 The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered

17.20 Muscle Food reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.

17.21 Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision.

17.22 Competitions may be modified or withdrawn at any time.

17.23 A list of all winners will be made available in writing upon request.

17.24 Unless otherwise stated only 1 entry per person per entry method is allowed. If the competition can be entered by multiple methods (joining mailing list, Liking on Facebook, Following on Twitter, Tweeting a message) then multiple entries are accepted, but only one per entry method.

18. TRIAL SUBSCRIPTIONS

18.1 Trial products are designed to provide the buyer with the opportunity to try ongoing subscriptions products provided by the supplier at an initial rate that has been discounted down from the standard price.

18.2 When the discounted rate expires/ends the trial will revert to a standard subscription product and will continue until the buyer advises the supplier that they wish to cancel this product.

18.3 When the trial reverts to the standard subscription product it will be billed at the standard rate unless otherwise stated in association to the discount code used or the trial taken out.

18.4 Cancellation of Trial products can be made at any time, and the Terms and Conditions of cancellation as outlined in section 8 above apply.