These terms and conditions ("the Terms") govern the users ("you" or "your") use of the website www.proteinbargain.com ("the Website") and your relationship with PB Nutrition Ltd trading as Protein Bargain whose registered address is at 2nd Floor, 56 Hamilton Square, Birkenhead, Merseyside, CH41 5AS ("we", "our" or "us"). Please read them closely as they will affect your rights and liabilities under law. If you do not agree to these Terms, please do not access or continue to use the Website.
By using the Website you agree to be bound by these Terms.
We reserve the right to:
- Amend and update these Terms from time to time, with any changes being notified by an announcement, or similar, on the website. It is your responsibility to check for such updates or amendments. The changes will only apply to the use of the Website after we have given such an announcement. If you do not wish to accept the new Terms then you should not continue to use the Website. If you continue to use the Website after the date on which the any changes have been announced then your use of the Website constitutes your agreement to be bound by the new Terms; and
- Modify or withdraw, either temporarily or permanently, this Website and the material contained within (or any part thereof) without providing notice to you. You confirm that we are not liable to you for any such modification to or withdrawal of the Website or its contents.
You warrant that:
- The personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
- You are not impersonating any other person or entity.
- You will notify us immediately of any changes to your personal information by e-mailing or telephoning our customer service representatives at:
- e-mail address: firstname.lastname@example.org
- Tel: (+44) 151 3290445
We will treat all your personal information:
- As confidential and will only disclose such information in the circumstances set out below; and
- In accordance with the Data Protection legislation from time to time in force in England and Wales.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, which may include but is not limited to; your name, e-mail address, billing address, delivery address, credit/debit card or other payment information. We confirm that this information will be held by us in accordance with UK law. We will use your personal information for the following purposes:
- Processing your orders.
- Website administration.
- Statistical analysis for the purposes of improving this Website and its services to you.
- Notifying you of our latest news, special offers and product launches if given your consent to do so.
- Notifying other relevant third parties, who may contact you about their products and/or services if given your consent to do so.
If you have provided your consent during registration, checkout or by any other means, but do not want us to:
- Contact you regarding products or services which may be of interest to you; or
- To transfer your data to third parties so that they can contact you about their products and services;
Please write to us at Protein Bargain, Unit 4 & 4a Valentines Building,Aintree Retail Park, Ormskirk Road, Liverpool, L9 5AT and notify us accordingly.
Subject to your rights of objection, you agree that personal information may be disclosed to reputable third parties who will help process your order.
You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.
Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
“Protein Bargain takes the risk of internet fraud extremely seriously. We make every effort to ensure all orders are fraud checked using the information already provided, however there is a possibility that we may need to contact you in order to make additional security checks and we ask for your co-operation in these circumstances. Fraudulent transactions are not be tolerated whatsoever by Protein Bargain and such transactions will be reported to the relevant authorities immediately.”
By accepting these terms and conditions you give your consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is only done to confirm your identity and a credit check is not performed, nor will your credit rating be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
Third Party Links
For the convenience of our customers, the Website may include relevant links to other websites or material, which is beyond our control. We are not responsible for such websites or material, nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites or material, nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail or telephone as soon as possible to inform you of this. You will have the option either to wait until the item is available from stock, exchange it for alternative item/s or cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit/debit card or, (ii) dispatch your order or commence the services purchased, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
We deliver to UK mainland only and NI.
We are willing on your invitation as your agent to instruct Parcelforce, Royal Mail or Click & Collect (as appropriate), or INPOST to deliver the relevant goods on your behalf for the prices set out in our delivery information (“Delivery Rate”). By placing your order with us, you agree to this option unless you inform us that you elect to arrange for someone else to deliver the goods to you or to collect the goods from our premises.
If you take up the option for us to act as agent to instruct the respective couriers:
· you will enter into a direct contract with DPD Local, Royal Mail or Click & Collect (as appropriate) in respect of the delivery of the goods under their standard terms and not with us and you will be liable to DPD Local, Royal Mail or Click & Collect (as appropriate) to pay the Delivery Rate;
· We will (unless you instruct us otherwise) collect payment of the Delivery Rate from you, and as your agent pay such amount to DPD Local, Royal Mail or Click & Collect (as appropriate).
Any liability in connection with such delivery shall be between DPD Local, Royal Mail, Click & Collect (as appropriate) and you, and shall not involve us.
If you elect to arrange for someone else to deliver goods to you, or will collect the good from our premises in the UK, you should make the appropriate election and contact us to make arrangements for the goods to be made available for collection. No collection of the Delivery Rate will be made by us in these circumstances.
The prices payable for goods are inclusive of UK VAT, but exclusive of local taxes, import duties and clearances. You acknowledge and agree that we have no liability to you in respect of such taxes including VAT, duties or clearances which may become payable, after the goods have been places at your disposal at our premises in the UK.
Please see our delivery information to find out more about the delivery options we offer. We will use all reasonable endeavours to adhere to the specified delivery times set out in that section, and though we believe that we have aligned ourselves with excellent delivery partners, there may be times when parcels are delayed for which we will not be held liable to you.
If an order has been lost in transit, we may not be able to despatch a replacement item immediately. Resent or Replacement items will be despatched at our discretion or subject to availability, once all tracking and investigative avenues have been exhausted. This may include waiting up to 30-45 days from the initial date of despatch, for undelivered orders to be returned to us, depending on the delivery country.
All non-delivery claims must be received within 30 days of our original despatch date to you.
Where you have purchased goods or services from us as a consumer (i.e. for private use as opposed to business use), then you are entitled to cancel any contract completed with us within 7 working days from the day after receipt of such goods or services.
If you wish to cancel a contract pursuant to clause 9, then:
- You must notify us in writing by using our contact form, sending an email to email@example.com or by letter to Protein Bargain (address as above)
- You must retain possession of the goods or services received, and ensure that such goods or services are kept in the same condition as they were when they were delivered, until such time as the goods or services are either collected by us or delivered back to us by you;
- We will notify you of when we wish to collect the goods or services. Collection of such goods or services will be within 28 days of our receiving your cancellation notice. We will charge you the cost of collecting the goods or services, and will deduct this from any sum owed by us to you. Alternatively, you can return the goods or services to us by contacting a customer service representative via our contact form, by sending an email to firstname.lastname@example.org.
- We will refund any monies you have paid to us, less any charges owed by you, within 30 days of receipt of your cancellation notice.
Price and Payment
All prices shown are inclusive of VAT, where applicable, at the current rates and are correct at the time of publishing. We do reserve the right, however, to change prices at any time without notice to you.
If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom then you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices do vary widely from country to country. We recommend that you contact your local customs office for specific importation information.
Payment can be made by using most credit/debit cards. Payment will be debited from your account before dispatch of your order or the provision of services purchased. If payment is to be made via a credit card a pre-auth value of £0.01 will be held against the card until the card issuer has validated the payment.
In the unlikely event that the price offered to you at the checkout page is wrong, and we discover this before acceptance of your order, we are not required to sell the goods to you at the price shown. We always try to ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price, changing it to alternative item/s or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
You may only use one discount code per order. We reserve the right to reject or cancel any orders where you use more than one discount code. A discount code or discount voucher cannot be applied retrospectively to an order that has already been processed by us.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of any discount code terms and conditions can be obtained by contacting a customer service representative through our contact form, by emailing email@example.com or by phoning us on (+44) 151 3290445.
Eligibility to Purchase
To be eligible to purchase goods on this Website, and lawfully enter into and form contracts on this Website, under English law you must:
- If an individual, be 18 years of age or over; and
- Register your real name, address, phone number, e-mail address any other details requested; and
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website.
Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
- Affects or limits your rights as a consumer under English law; or
- Will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that Website material is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website then we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- Incompatibility of the Website with any of your equipment, software or telecommunications links.
- Technical problems including errors or Website interruptions.
- Unsuitability, unreliability or inaccuracy of the Website.
- Inadequacy of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of these Terms are deemed unlawful, void or for any reason unenforceable, then that part shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
These Terms form the entire basis of any agreement reached between you and us.
Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
When you submit a review, you grant ProteinBargain.co.uk a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media or format.
You grant Protein Bargain and its sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Protein Bargain, including the execution of deeds and documents, at the request of Protein Bargain.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Protein Bargain:
- The content and material is accurate; and
- Use of the content and material you supply does not breach any applicable ProteinBargain.co.uk review guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us for all claims brought by a third party against Protein Bargain arising out of, or in connection with, a breach of any of these warranties.
Winners of the monthly review competition will be notified by an email sent to the email address provided with the review. Failure to respond to our notification email within 30 days will result in the prize being forfeited.
We reserve the right to remove or disqualify from the monthly review competition, any review that we feel does not meet our review guidelines or for any other reason at our discretion.
Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multi-Buy Discount, at your cost, or alternatively to charge you for any goods retained by you at the full price quoted on this site.
PB Nutrition Limited reserves the right to amend these terms and conditions from time to time.
It is taken that these terms are deemed incorporated in each competition, except whereby they are overwritten due to a specific instruction relating to the competition stating otherwise.
By entering a competition all entrants will be deemed to have read and understood these terms and be bound by them. All decisions of PB Nutrition Limited will be final and binding.
Any person who is an employee or an immediate family member of an employee of PB Nutrition Limited, or any other person who is directly connected with us is ineligible to participate in any competition.
Competitions are only open to residents of the UK, unless otherwise specified.
All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
All entries must be received by the closing date specified by the competition. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons, or received after the closing date.
Protein Bargain reserves the absolute right to disqualify any entrant to any competition which it considers has used improper technical means to enter.
Entrants are responsible for their own costs to access computer networks.
If for any reason an advertised prize is unavailable ProteinBargain.co.uk reserve the right, at its absolute discretion, to substitute a similar prize of equivalent or greater value.
A maximum of one price per household will be awarded.
There will be no cash or other alternative to the prize offered and prizes are not transferable.
Where applicable the winner's name will be selected in a random draw, after the closing date, from all eligible entries received. The winner will be notified within 28 days after the winner has been ascertained. Please then allow a further 28 days for delivery of all prizes.
If the winner of a competition is unable to accept a prize for any reason, or if the winner cannot be notified after reasonable efforts having been made, then PB Nutrition Limited may dispose of the prize without any liability to the winner for having done so.
For each competition, only one prize will be awarded per entrant. Names of winners are available on request.
Matters Beyond Our Control
Protein Bargain shall not be held liable for any breach of the Terms caused by circumstances out of our control including, but not limited to, Acts of God, explosions, fire, lightning, severe weather, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet Service Providers (ISP) or acts of local Government, central Government or other competent authorities.
In the event that there is an inconsistency or misunderstanding in relation to the Terms, due to a translation provided by us, then the English language version of these Terms shall prevail.
Our commitment is to provide you with the lowest possible prices. Despite our best efforts, you may occasionally find the same product cheaper on another website. Should this occur then we will endeavour to match that price for you, provided all of the following conditions are met:
1.Any applicable delivery or service charges concerned with purchasing the item/s are accounted for in your Price-Match request, with that delivery or service being of an equal or comparable standard to our own.
2.The item/s must be in stock at the time of your Price-Match request, including the designated flavour/s (if applicable) you wish to purchase.
3.The website offering the lower price must hold a valid UK VAT registration number and be charging VAT accordingly where applicable.
4.The website offering the lower price must have been trading online for a minimum of 6 months. If they have not then any Price-Match will be entirely at our discretion.
5.The website offering the lower price must be based in, and be shipping orders from, the UK mainland.
6.We are unable to offer a Price-Match if the item/s have been reduced due to being damaged, imperfect, short-dated or have exceeded their best before date.
7.If the item/s are on special offer, than at our discretion we reserve the right to refuse the Price-Match.
8.Discount codes or vouchers may not be used in conjunction with a Price-Match.
9.All Price-Match requests must be approved prior to your purchase as we are unable to offer a retrospective Price-Match service.
10.Multiple Price-Match requests from multiple websites may be honoured at our discretion.
In all instances our decision is final and we reserve the right to amend or entirely remove our Price-Match policy at any time.