Terms & Conditions

Hours of Business: On-line sales 7 days per week for ordering. Monday to Friday for shipping. “Power and Performance in Sports Nutrition” registered in England and Wales Reg No. 7783603. Established in UK 2011.

Terms and Conditions of Sale

By using our website and/or placing an order for goods and/or registering as a member of our website you confirm your agreement to our terms and conditions as set out below:

Conditions

1. An order for goods placed by you, the buyer through our website(s) shall be subject to these terms and conditions.

2. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.

3. Nothing in these terms and conditions shall affect the statutory rights of any consumer.
Orders

4. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods (for your personal consumption and not for resale or manufacture), pursuant to these terms and conditions.

5. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.

6. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of your order by e-mail [(where applicable) or by telephone].

7. We are entitled to refuse any order placed by you and will not be required to provide an explanation.

Goods

8. The goods may differ slightly from the images shown.

9. We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the goods unopened together with the original invoice for a full refund within 10 working days from the date of delivery, should the substituted product not be acceptable to you.

Price and Payment

10. The price of the goods will be the price quoted on the website at the date the order is received and will include VAT [and delivery in the United Kingdom] unless specified otherwise.

11. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, material or other costs of manufacture).

12. In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery.

13. On confirmation of acceptance of your order, under these terms and conditions, payment will be charged to the debit or credit card account provided by you, the buyer, on the website order form.

14. By placing an order, you, the buyer, consent to payment being charged to your debit or credit card account as provided on the order form.

15. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods.

16. We will issue you with an electronic receipt to your e-mail address once the goods have been dispatched.

17. We are registered in accordance with the provisions of the Data Protection Act and confirm that any personal information including details of any debit or credit card account provided by you, the buyer, in the order form will not be disclosed to any third party.

Delivery

18. The goods will be delivered to you, the buyer, at the address provided by you on the order form.

19. The risk in the goods shall pass to you upon [such delivery taking place/payment being charged to your debit or credit card account in accordance with these terms and conditions].

20. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused.

21. The price of the goods does not include, and we are not responsible for, any duties, taxes or other levies payable on the arrival of the goods in any country outside of the United Kingdom and such duties, taxes and levies are the responsibility of you, the buyer.

22. We shall not be liable to you, the buyer, for short delivery of the goods however caused but will provide you with the outstanding goods as soon as is reasonably practical. If however we have not delivered the outstanding goods within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding goods.

23. You, the buyer, will inspect the goods as soon after delivery as is reasonably practicable and will notify us by e-mail of any shortages, defects in the goods or other complaint within 5 working days from the date the goods were delivered. IF YOU, THE BUYER, FAIL TO COMPLY WITH THIS CLAUSE WE WILL NOT BE HELD LIABLE IN RESPECT OF ANY SHORTGAGES, DEFECTS OR OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD.

Cancellation

24. You, the buyer, may cancel any order:
i. prior to confirmation of the order by clicking on the word cancel on the website order form adjacent to the product you have ordered or by giving notice of cancellation within normal office hours by e-mail to compliance@x-gamer.co.uk
ii. after confirmation of acceptance of the order by giving notice of cancellation by e-mail to compliance@x-gamer.co.uk quoting your name address and order reference number, and where you have already received the goods returning the same unopened together with the original invoice within 7 days from the date of delivery. On receiving notice of cancellation or return of the goods whichever is the later we shall, subject to the return of any goods in the condition in which they were delivered to you, re-credit your debit or credit card account no later than 30 days from the date on which the delivery was made.

Your Warranty

25. You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods and the goods are correct, that the debit or credit card you are using is your own and that there are sufficient fund and/or sufficient unused limit available to cover the cost of the goods.

Limitation of Liability

26. We will use all reasonable endeavours to carry out obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
i. Act of God, explosion, flood, tempest, fire or accident;
ii. War or threat of war, sabotage, civil disturbance or requisition;
iii. Acts, restrictions, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
iv. Import or export regulations or embargoes;
v. Strikes, lock outs or other industrial actions or trade disputes;
vi. Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
vii. Power failure or breakdown in machinery.
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out our obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.

27. Except where you, the buyer, are dealing as a consumer (as defined in the Unfair Contract Terms Act 1977) we do not give any warranty, guarantee or indemnity as to quality for fitness of purpose or otherwise of the goods.

28. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale and Supply of Goods Act 1994.
Intellectual Property

29. The copyright in the material contained in this website and any trademarks and brands included in that material belongs to power and performance in sport nutrition or its licensors.

30. You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.

Website

31. We will attempt to ensure that the information on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.

32. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods.

33. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or the entire website without notice or liability.
General

34. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.

35. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.

36. The law of England and Wales will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.

37. The headings in this Agreement are for convenience only and will not affect their interpretation.
Cancelling Your Order

39. If you are a customer based in the EU, you have the right to cancel your order with us under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), provided you give us written notice within seven working days of receipt.
Returns and Exchanges

38. If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within fourteen working days of receipt.

If you would like to return an item, please contact us on 07980 019397 or email compliance@x-gamer.co.uk we will provide you with a return authorisation which will speed up your return and refund process. You should then send us the goods in their original condition and packaging to the address on the "Contact Us" page. We reserve the right to refuse returns or to charge you our fees and expenses if the product is received otherwise than in accordance with this requirement.

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. We also recommend that you use a secure, traceable means to return your order to us at PPS Nutrition, and that you retain proof of sending, in case of a dispute. Please note that you are responsible for the cost of the return shipment.

All items must be returned unused, in their original condition and from the UK.

We will refund the price of the product in full, including shipping costs, within seven days of receiving your notice of contract cancellation, provided the goods are returned within that period.

Please note you may only use your right to cancel the order under the DSRs if you give us formal notice via telephone or email of cancellation within seven working days of receiving the order, as described above. If we do not receive the cancelled order, we will arrange to have it collected from you at your cost.

Faulty or Defective Goods

40. If you receive an item that is faulty or defective, please contact Customer Services by calling 07980 019397 in the first instance to provide further details. Before returning the item, please either email compliance@x-gamer.co.uk or call us 07980 019397, goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.

Once we have examined the returned item, we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due within 30 days of the refund notification email, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will refund any money received from you using the same method originally used by you to pay for your purchase.

If you would like to exchange your item, please be aware that we can only replace it for the same product in the same size and flavour, subject to availability. You will receive a full refund if the item cannot be repaired or replaced.

For faulty goods outside of our Returns Policy, please contact compliance@x-gamer.co.uk

Receiving a Refund

41. Your refund will be credited to the original purchaser's credit card and will include shipping costs for faulty items or for orders cancelled under the DSRs only.

Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.

Late Returns

42. Returns outside 7 days may be accepted at the discretion of PPS Nutrition.

Our Policy

43. Items should be returned new, unused with product seal intact and with all tags still attached. Returns that are used, damaged, or soiled may not be accepted and may be sent back to the customer.

Important Information

44. All items are quality controlled and checked before they are dispatched to customers.

Should you receive an item that is not in perfect condition please contact us immediately.

Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
Items should be returned in their original packaging to ensure they are adequately protected in transit.

To contact us regarding returns or exchanges, our customer care representatives are here to help you from 9am to 5pm, Monday to Friday on: 07980 019397

If it’s easier, please email us: compliance@x-gamer.co.uk