Terms & Conditions

THE AGREEMENT

These Terms and Conditions set out below govern our relationship with you and apply to the use of this Website. By accessing and using this Website including the placement of an order for products you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this website. Any changes to these terms and conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation made by us to you. Should you have any questions in respect of the terms and conditions please contact us using the following email address QSN@info.fitness

DEFINITIONS

“Agreement” the applicable ordering document, the terms and conditions set out in this document, any variations agreed between us and you;

“Confidential Information” means any data or information that is proprietary to the disclosing party and not generally known to the public, whether in tangible or intangible form, in whatever medium provided, whether unmodified or modified by the receiving party, whenever and however disclosed;

“Product” means goods displayed for sale on the website;

“Us, we, or our” Quality Sports Nutrition Limited (“QSN”) registered in England, company registration number 09147319;

“Website” www.qsn.fitness or any subsequent URL which may replace it;

“Users” means the users of the website collectively;

“You or your” any user of this website;

ORDERING PRODUCTS

Description of products

Each product is sold conforming in all material respects to the description provided on the website.

We will use reasonable care to ensure that the description and price of the products given on the website is correct at the time of entry however you accept that from time to time the descriptions and price may not reflect the position at the precise time in which your order is placed. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy set out herein.

Purchase of products

Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions given below in Return of Products and Cancellation of Orders.

The price of the products stated on the website shall be inclusive of VAT but shall exclude delivery costs. The delivery costs will vary according to the method of delivery you have selected whilst placing the order.

Delivery of Products

We will use reasonable endeavours to arrange for delivery of the products within thirty (30) days from receipt of the order.

If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.

If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.

Return of Products and Cancellation of Orders

The Consumer Contracts Regulations 2013 shall apply to any cancellation or return of products.

If you wish to cancel your order you may do so provided that:

− Such right is exercised no longer than fourteen (14) days after the day on which you receive the products;

− You retain possession of and take reasonable care of the products;

− You expressly inform us of your wish to cancel your order via email providing all relevant details required to process the cancellation including your name, address, contact details and the details of the particular order and products you wish to cancel.

− You must return the products to us at your cost within fourteen (14) days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to products to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).

− You have not opened, tampered with or used the products, given the nature of the products sold.

We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than fourteen (14) days after the day we receive back from you any goods supplied.

WARRANTIES & INDEMNITY

You warrant that:

− The information that you are required to provide to make a purchase or for any other matter in respect of your use of the website as a user is in all respects true, accurate, complete and up to date.

− You will notify us immediately of any changes to the information referred to above by contacting us by e-mail (provided above).

− You will comply with all applicable laws, statutes and regulations applying to the use of the website including any transactions conducted on or through the website.

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your information.

PRIVACY

We will comply with all relevant and applicable data protection law in respect of the information you give to us through the use of this website.

We each agree to keep Confidential Information confidential. We reserve the right to disclose any Confidential Information disclosed to us to comply with applicable law or regulation and to process orders and administer this website.

When you make a purchase on the website you will be given the option to receive information from us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by e-mailing us using the address given above.

INTELLECTUAL PROPERTY

You agree that we and or our third party licensors own and retain all rights contained in any and all material and or content included in or that is used to create the website.

You acknowledge and agree that the material and content contained within the website is made available for your personal use only and may not be commercially exploited, copied, transmitted, reproduced, displayed or distributed. You may copy and or download such material and content as necessarily required to place an order only. Any other use of the material and content of the website is strictly prohibited.

LIMITATION OF LIABILITY

The website is provided on an “as is” basis without warranty or any representation or endorsement made.

We will not be liable to you for any loss of content or material uploaded or transmitted through the website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights.

We will not be liable, in contract, tort (including, without limitation, negligence) breach of statutory duty, or otherwise out of or in connection with the terms and conditions for any special or indirect losses including but not limited to loss of revenues, profits, contracts, business or anticipated savings,or loss or corruption of information or data, goodwill or reputation suffered or incurred by you arising out of or in connection with the Agreement.

Nothing in the Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any liability arising as a result of fraud (including fraudulent misrepresentation) or any other liability which it would be illegal or unlawful to exclude or limit, or to attempt or purport to exclude or limit, its liability.

We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

SEVERANCE

If any part of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.

WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

THIRD PARTY RIGHTS

The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement between us.

SURVIVAL

Each provision of the Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

JURISDICTION

The Agreement shall be governed by and construed in accordance with English law. You irrevocably submit to the exclusive jurisdiction of the courts of England.