Website Terms and Conditions

Definitions

1. Conditions – means these terms and conditions.
2. Product – means a product displayed for sale on the Website.
3. Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
4. Users – means the users of the Website collectively.
5. Personal Information – means the details provided by you on registration.
6. We/us – means Predator Nutrition Online Ltd, registered office Unit 1 Arctic Park, Thornes Farm Way, Leeds LS9 0AN. Company registration number 11652099. VAT number GB308072817.
7. Website – means the website located at www.predatornutrition.com or any subsequent URL which may replace it.
8. Cookies – means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer.
9. United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands.
10. You – means a user of this Website.

Use of the Website

1. Access – You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
2. Registration – You warrant that:
   1. The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
   2. You will notify us immediately of any changes to the Personal Data by updating these details on your online account.
3. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

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 the 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 shopping account and/or your Personal Information.

Our Rights

1. We reserve the right to:
   1. modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
   2. change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third Party Links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Recommendations

When you use our website, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site. Please see our Privacy Policy if you'd like more information on how we use your personal data to recommend products to you.

Privacy and Cookies

We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation. If you'd like to read more on how and where we collect or how we use your personal data, please Privacy Policy.

Description of Products

Each Product purchased is sold subject to its Product Description including, without limitation, terms and conditions concerning estimated delivery dates and times. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Product images are for illustrative purposes only. It is your responsibility to ensure you add the correct product to the basket, by selecting the correct size and flavour. Where there are promotions and bundles available, you must ensure you select the desired products.

Ordering, Cancelling and Returning Products

1. Orders – 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 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. It is important you provide true and accurate data when placing your order including your full name, full address and post code. Find out more about our Delivery & Refund policy which is incorporated into these Conditions.
2. Contract Creation and Electronic Contracting – The technical steps required to create the contract between you and us are as follows:
   1. You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process and by doing so, agree to these terms and conditions. You will be guided through the process of placing an order by a series of simple instructions on the Website.
   2. We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the Products you have ordered. These emails do not constitute acceptance of your order.
   3. For items being delivered to you, when your product is shipped from our warehouse we will send you a dispatch confirmation email.
   4. Order acceptance and the completion of the contract between you and us will take place on the dispatch of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it before it has been dispatched.
   5. Your credit/debit card will be charged when your order is placed.
3. Non-acceptance of an order may be a result of one of the following:
   1. The product you ordered being unavailable from stock.
   2. Our inability to obtain authorisation for your payment.
   3. The identification of a pricing or product description error.
   4. We reserve the right to limit the number of a given item that can be bought by an individual customer should we deem it appropriate. We also reserve the right to suspend your account and any associated accounts and contact you if we notice an unusual pattern of returns activity or there is other suspicious activity associated with your account or any associated accounts. In the event that this happens you will receive an email to notify you of this.
   5. Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 5 working days for the bank to transfer the funds to you.
4. The contract will be concluded in English.

Consumer Contracts Regulations 2013

1. This legislation offers you the following cancellation rights when you buy online or by phone:
2. You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
3. If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
4. To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
5. You can cancel by email on support@predatornutrition.com.
6. If you decide to cancel, you should return the goods to us at your cost within 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 goods 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).
7. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

General Terms

1. Intellectual Property and Right to Use – You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
2. Compliance with Laws – The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of Liability

1. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing, or usage, or trade.
2. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
3. 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 as a consumer, nor does it affect your Contract Cancellation Rights.
4. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
   1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
   2. any loss of goodwill or reputation; or
   3. any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
5. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

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

Waiver

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

Survival

Each provision of the Conditions 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.

Entire Agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Predator Nutrition Online and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these 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 whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

For any queries regarding our service, please contact us via email on support@predatornutrition.com.

Delivery and Refund Policy

1. Tracking and Delivery – Once your order has been dispatched, you will be sent a 'Shipping Confirmation' email. The courier will provide you with the tracking information alongside the tracking link that you can use to monitor the status of your shipment to the email address provided at checkout. It is your responsibility to provide the correct delivery address during the checkout process. Where there is a discrepancy between the post code and address description, the courier will deliver to the post code as this will override the address details provided. If you do not receive an email from the courier, please contact support@predatornutrition.com.
2. It is also your responsibility to provide the correct email address and mobile number as this is the information the courier will use to send you delivery and tracking information. Failing to provide accurate email and mobile numbers may affect any claim for refund or replacement. Please also note couriers in the UK may leave the parcel in a place they consider “safe” if you are not in at the point of delivery. If you do not want this to happen, it is your responsibility to check the alternative options for delivery when the courier is sending your delivery messages like advising the courier to leave your order at a pick-up point. If parcels go missing because alternative options haven’t been selected, it may affect your claim for a refund or replacement.
3. On rare occasions, our emails are filtered into your Junk/Clutter Folder by your email provider so please check this folder before contacting us for any delivery queries.
4. Once you have been sent your tracking information, you can track your parcel by clicking the relevant courier link below:
   • www.evri.com/track-a-parcel
   • https://track.dpd.co.uk/
   • https://www.fedex.com/en-gb/home.html
   • https://www.fedex.com/en-us/customer-support/faqs/business/tracking.html
   • https://www.dhl.com/us-en/home/tracking.html
5. If your goods arrive damaged, you MUST inform us within 24 HOURS so we can inform the relevant courier immediately and initiate the investigation. Failure to do so may mean we are unable to replace your damaged products. You must also retain the delivered item as received, not disposing of it or its packaging, as doing so could affect any claim for a refund or replacement.
6. Incorrect delivery information as stated by the customer is the responsibility of the customer, who will be charged for carriage if we need to make a collection on their behalf and/or the order needs to be reshipped, the customer may also be responsible for any extra charges implemented by the courier for address changes.
7. In certain instances, where you have not received a parcel but the courier information states it has been delivered, you may be required to complete a Denial of Receipt form. It essential you sign and complete these upon receipt and return to the sender with 24 hours. Until this form is received, including in some cases the original signed form, we cannot process a refund nor issue a reshipment.
8. We do need to state that it is the customer's responsibility to ensure they are present to sign for their parcel. In no way can Predator Nutrition and/or any of its carriers be held liable for failed deliveries unless either party has been negligent in their duty to deliver.