STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS & SERVICES
OF
PERFORMANCE MAX SPORTS LIMITED
Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier, and is also termed, “You”, “Your” “the Buyer” and any other term to describe the purchaser;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in our agreement with you, as stated in our confirmatory email and in line with our terms and conditions outlined below;
1.6 "Supplier" means PERFORMANCE MAX SPORTS LIMITED whose registered office is at Performance Max, Performance House, Little Billing, Northampton NN3 9AR, or “Us”, “We” or any other term representing the Seller;
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 Any order placed by you for goods and services advertised on our website is an offer by you to purchase the goods or services selected in your order. No contract exists between you and us for the sale of any goods until we have received your order, monies, and accepted it (which we may do at our discretion).
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All orders for goods and services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 Upon placing any order an acknowledgement will be sent out notifying you that we have received your order. This notification is not acknowledgement that we have accepted your order.
3.5 If we accept your order we will notify you by email that we have accepted your order and of the estimated dispatch date of your goods. If we cannot accept your order, for example (but without limitation) because the goods are out of stock, we will notify by you by either telephone or email.
3.6 If, after accepting your order, we find that the item(s) are currently out of stock or unavailable we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods.
4 PRICE AND PAYMENT
4.1 The price for the goods and service is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 The description and price of goods you order will be as shown on the Supplier’s website at the time you place your order.
4.3 Payment of the price shall be in the manner specified on the website front page and payment page. Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you order, we will notify you as soon as possible by either telephone or email detailing the mis-priced goods and offering you the option of:
4.3.1 placing a new order at the correct price for those goods;
4.3.2 canceling the whole of your order; or
4.3.3 canceling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 4.3.1 to 4.3.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods.
In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
4.4 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
4.5 In addition to the price, you may be required to pay a delivery charge for any goods you order from us. Details of these charges are clearly displayed on the website on the “Shipping” policy page of our website and during the checkout process when placing your order.
4.6 If the Customer fails to make any payment within 14 days of it becoming due, the Supplier shall cancel the Customer’s order without further notice.
5 DELIVERY
5.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
5.2 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.3 All risk in the Goods shall pass to the Customer upon delivery.
5.4 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.
5.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of canceling your order at this point.
5.6 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so will affect any warranty claims that you make thereafter.
5.7 The goods are at your own risk from the time of delivery.
6 TITLE
6.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
6.2 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier; and
7.3 comply with such other requirements as may be set out in the terms and conditions or otherwise agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods and Services will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier may change these terms of sale without notice to you in relation to future sales.
8.3 The Supplier will not be liable for Services offered by way of advice in case of injury, illness, and any other complications thereon and in any way related to the Services offered where the Supplier has not acted in a liable or reckless manner and where the advice offered was founded and well reasoned.
8.4 Any advice offered to the Consumer is offered free of charge and complimentary to goods purchased by way of goodwill and therefore liability is limited. Advice is offered by qualified, trained professionals for and on behalf of Performance Max Sports Limited.
8.5 All Services provided by the Supplier are designed to compliment the Consumer’s lifestyle choices but used in isolation may not bring about the desired outcome. The Supplier limits all liability of Services provided where the Consumer has not acted appropriately and wholly in supporting the services provided and where the desired outcome is not achieved.
8.6 It is the Consumer’s responsibility to ensure that they are of sound and good health before embarking upon any exercise, nutritional or lifestyle-changing programme. The Supplier limits all liability of Services provided and it is advised that every Consumer seeks reasonable and proper medical and fitness testing before acting on the Supplier’s advice. Always consult a Physician and stop any activity or pursuit that brings about any pain, fatigue, illness, or discomfort. The Supplier accepts no liability for the action of any Consumer, acting on the advice of the Supplier who has not received all necessary medical and fitness testing and appraisal prior to the commencement of any activity or exercise or the ingestion of any nutritional product or provision.
8.7 The Supplier accepts no liability for the result of injury, illness or complication resulting from the use of any Goods or Services provided from Performance Max Sports Limited by offer of sale or otherwise. Any damages sought must be directed strictly to the manufacturer.
8.8 The Supplier’s homepage states, “Find any product cheaper and we will match it”. Offer applies only to UK based, company registered supplements retailers, excluding prices offered on special offers and is subject to availablility.
8.9 The Supplier’s homepage states, “We can source any product for you”. Offer applies only to manufacturer’s displayed on the homepage or on our manufacturer’s drop-down menu.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund (this option excludes any supplements order and applies only to sports wear, accessories and foot wear).
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above or by email to sales@performancemax.co.uk within 5 days of placing an Order and any deposit paid will be refunded in full. The notification must include details of the goods ordered, price paid, and any reference numbers given. Notification by telephone is not sufficient.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any monies paid may not be returnable.
9.4 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation for full refind after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. You have 7 days after date of delivery to exercise this right and to return any unwanted goods to us (save for any nutritional supplements which are non-returnable) which must have been sent by the 7th day. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
9.5 We would recommend any goods returned are sent using a reputable courier and by recorded delivery only. In the case of faulty or mis-described goods the Supplier shall, after receiving notification in accordance with condition 9.1, 9.2, 9.3 or 9.4, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure.
9.6 Once you have notified the Supplier that you are canceling the contract and if the goods have not been sent out, or, on after receiving back the goods, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. Any goods returned to the Supplier from the Buyer must be found in a good and reasonable condition and the Supplier reserves the right to refuse full or partial refund if goods are received back in a damaged state (save for faulty goods).
9.7 Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
9.8 Performance Max Sports Limited accept no liability for any manufactural faults or discrepancies and any goods that become faulty after the 7-day cancellation and return timeframe will be the sole responsibility of the Buyer and the Supplier accepts no liability after this period.
9.9 Any items returned to us are at the Buyer’s own risk and we strongly advise all customers to take reasonable care when returning any items to us by ensuring the goods are correctly addressed, adequately packaged, and delivered by a reputable courier.
9.10 In the case of unsuccessful deliveries, except in circumstances of faulty or mis-described goods, if any goods are returned to us by our Courier either as a result of incorrect delivery information or any other reason pertaining to unsuccessful delivery, a surcharge of £10.50 will be charged to the Buyer as a direct result of a DHL Express “Aborted Collection Charge”.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 FORCE MAJEURE
Neither party shall 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
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 DATA PROTECTION
The Supplier will take all due care and reasonable precautions to keep the details of all orders placed and all payment and delivery details secure but unless the Supplier acts in any way that can be considered negligent, the Supplier will not be liable for any unauthorized access to information supplied by you.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
15 COPYRIGHT
All content included on this website, as created by Juice Creative and Performance Max Sports Limited such as text, graphics and all other details which can be construed as intellectual property is the property of Performance Max Sports Limited and is protected by UK and international intellectual property and copyright laws.
16 CONTACT US
Our Contact Information:-
Address:
Performance House
PO Box 693
Northampton
NN3 9SD
Telephone: 0845 643 0973
Fascimile: 01604 405 389
Email: sales@performancemax.co.uk
Performance Max is the trading name of Performance Max Sports Limited based at the following address; Performance House, Willow Rise, Little Billing, Northampton NN3 9AR
Registered in England: 6520534
Registered Office: Performance House, PO Box 693, Northampton, NN3 9SD
