References to “we”, “us” and “our” in this policy are references to EXF Perform Better Europe Ltd. This policy describes what happens to the information that you supply to us, where that information identifies you individually, e.g. your name and address details.
1. What information do we hold about you and how is it collected?
When you register on this site, some personal information (including your name, postal and email addresses) is collected by us.
2. What do we do with your personal information?
We will use your personal information for the following purposes:
1.to update and develop records and for assessment and analysis including market and service/product analysis;
2.to assist in the provision of services/products to you; and
3.to facilitate reviews, developments and improvements to the services/products offered to you.
3. What are your choices?
By law, you are entitled to:
1.object to your personal information being used for marketing purposes.
2.receive, upon payment of a fee, a copy of any personal information about you which is held by us.
3.require the rectification, erasure or blocking of any of your personal information which is inaccurate or not up to date held by us.
If you wish to exercise any of these rights, or if you wish to opt-out of any future processing of your personal information held by us, then please write to the contact address set out below stating your full name and address and providing any other relevant information.
5. How do we protect your information?
EXF Perform Better Europe Ltd is firmly committed to data security. When you place orders or access your account information, we offer use of a secure server. The secure server software encrypts all information you input before it is sent to us including card details to which we have no access. We take steps to guard against unauthorised access to customer data. Although we make every effort to create a secure environment for your personal information, we cannot guarantee the safety of any personal information which you transmit to us online.
6. Contacting us
If you have any questions or concerns about our use of your personal information please write to:
Data Protection Compliance Officer
EXF Perform Better Europe Ltd
Terms and Condition
Our terms and conditions are designed to allow our customers to shop on-line securely and with confidence.
Whilst every effort is made to provide accurate and up to date information, EXF Perform Better Europe Ltd can not be held responsible for any errors or omission on our website or brochures.
As always, please consult your doctor prior to starting any exercise/diet regime.
- Buy securely on-line on this website, selecting the departments of interest from the right hand menu
- Call us on 01473 73100 (Monday 8.30 - 5.30)
- Email us at email@example.com
We do not debit your credit/debit card until the day that we despatch the items.
- Sports Nutrition products and books are VAT exempt.
Please note that delivery is a 'drop off' service and that the driver will only deliver to the door.
Any purchases that you make over our website are instantly encrypted, providing security for all of your personal information (Name, Address, Credit/Debit Card Details, etc).
All customer information will be treated under the terms of the Data Protection Act. We will not pass on your details to other companies. We may identify and inform you of other products and services offered by EXF Perform Better Europe Ltd. which would be of interest to you. You must tell us if you do not wish us to do so.
CONDITIONS OF SALE
Orders are accepted on condition that the following Conditions of Sale be accepted by the Customer conditions of sale or purchase and that in the event of re-sale the customer undertakes the responsibility of ensuing that the ultimate purchaser is also fully acquainted with and accepts the said conditions:
1. Quotations and Tenders
All quotations and tenders are 'ex works' unless otherwise stated and are subject to a firm order placed within 30 days unless otherwise stated. The acceptance of the order by the company will constitute a contract subject to these conditions. Any variation of the contract must be writing and signed by the Company and Customer. Unless firm prices are quoted in the quotation or tender the contract prices is based upon the cost of materials, labour, transport, fuel and other relevant factors applying, statutory obligations at the time of the tender or quotation, and if between that date and the date of the actual delivery, variation either by rise or fall shall occur in these costs, then the contract price shall be amended to provide for these variations. The order must be accompanied by sufficient information to enable the Company to proceed with the order forthwith.
2. Customer Requirements
When supplying goods in respect of a particular purpose every endeavour is made to meet the requirements of Customers from the information supplied by them. As full information will be supplied at the request of the Customer regarding the manufacturer and capabilities of the goods no responsibility is accepted as to the suitability of any goods for a particular purpose once an order is accepted, except under the terms of the Company's Guarantee. Without prejudice to the generality of the foregoing the company will furnish upon request data relating to the application or use of the goods but the company will not be responsible and does not assume any liability whatsoever for damage of any kind sustained either directly or indirectly by any person in or through the adoption or use of such data in whole or in part.
3. Delivery and Completion
a) In the event of either:
i. The Company being delayed in or prevented from making delivery or completing the contract owing to an act of god, force majeure, war, civil, disturbance, requisitioning, government, or parliamentary restriction prohibition or enactment of any kind, import or export regulations, strike, lock-out, trade dispute, difficulty in obtaining workmen or materials, breakdown of machinery, shortage of fuel, fire, accident or any other cause whatsoever by beyond the Company's control or,
ii. Non-delivery by the Company's suppliers. The Company shall be at liberty to cancel suspend the contract without incurring any liability or any loss or damage resulting therefrom.
b) Whilst delivery and completion dates are given in good faith based upon information available to the Company at the time of quotation or tender, such as dates are not guaranteed and the Company accepts no liability for delay (as defined) shall entitle the Customer to reject any delivery or any further instalment or part of the order or to repudiate the contract or the order or any part thereof or to claim any damages or compensation in respect of the said delay.
4. Delivery: Loss or damage in transit
When the Company delivers to the Customer, delivery will take place when the goods are delivered to the Customer's premises or unloaded from transport whichever occurs last and risk will thereupon pass to the Customer. When the Customer collects from the Company delivery will take place when the goods are loaded on transport or leave the Company's premises whichever occurs first, and risk will thereupon pass to the Customer. The Company accepts no responsibility for any loss or damage to goods, howsoever arising, after delivery has taken place, except in cases where the Company itself has agreed to undertake transport, when the Company accepts responsibility only for repair or replacement of damaged or lost goods where the cause of damage or loss was the result to negligence of the Company's works. Claims in respect of loss or damage in transit should be made direct to the transporter concerned.
If the Company does not receive forwarding instructions within one month after notification to the Customer that the goods are ready for delivery, the Customer shall arrange for storage at its own expense and risk, failing which the Company shall be at liberty to store or arrange for storage of the goods at the Customers expense and risk and the goods shall be paid by the Customer by reference to the time when the goods are ready for delivery or are due to be delivered, whichever is later. The Customer will pay for any charges for storage or demurrage after delivery.
Where goods are sold packed the extent of packing and or protection will be at the discretion of the Company unless the Customer specifically requests special packing. The Customer hereby informed that certain goods on certain transport require special packing. In all instances the Customer will be charged extra for special packing.
7. Title to Goods:
a) Notwithstanding risk in the goods passing in accordance with clause 4 hereof in the goods shall not pass to the Customer until whichever shall be the first to occur of the following: i. payment being received by the Company for the Goods Notwithstanding risk in the goods passing in accordance with clause 4 hereof in the goods shall not pass to the Customer until whichever shall be the first to occur of the following: ii. the Customer selling the goods at the best obtainable price and on commercially reasonable terms in the ordinary course of its business as principal as regards sub-buyer.
b) Before title has passed to the Customer under the terms of this clause and without prejudice to any of its other rights, the Customer hereby irrevocably authorises the Company and its servants and agents to enter upon the Customer's premises where the goods are stored or are thought by the Company to be stored for the purpose repossessing them and subsequently re-selling them;
c) Until payment due under this contract has been made in full:
i. the Customer shall hold the goods as Bailee of the Company and shall store them in such a manner that they are readily identifiable as the property of the Company.
ii. in the event of the sale or hire of the goods by the Customer as Bailee of the Company it shall hold the proceeds of such sale or hire on trust for the Company in a separate bank account opened by the Customer for this purpose or otherwise ensure that all such proceeds of sale or hire are kept by or on behalf of the Company in a separate and identifiable form: forthwith upon the receipt of such proceeds of sale or hire the Customer shall pay to the Company any of the aforesaid sums outstanding to the Company and shall not use or deal with such proceeds of sale or hire in any way whatsoever until such terms have been paid.
iii. the Company shall be entitled to trace all such proceeds of sale or hire charges received by the Customer through any bank or other account maintained by the Customer.
iv. in the event of sale or hire of the goods by the Customer in the ordinary course of its business the Customer shall assign its rights to recover the selling price or hire charges from the third parties concerned to the Company if required so to do in writing by the Company.
d) As the insurable risk in the goods shall pass to the Customer as soon as the goods are delivered to it or to it order pending disposal the Customer shall keen the goods insured in the amount of the price at which the goods are sold to the Customer against all insurable risks.
e) If goods are destroyed by an insured risk prior to the same being paid for by the Customer, the Customer shall receive the proceeds of any such insurance as trustee for the Company.
Prices quoted are net. Subject to credit being approved accounts are due for payment not later than 30 days from the the date of despatch, otherwise payment must be received by the Company before delivery. When deliveries are spread over a period each consignment will be invoiced as despatched and each months invoices will be treated as a separate account and be payable accordingly. The Company reserves the right to charge interest on all overdue accounts at five per cent above current bank rates. Failure to pay for any goods or for any delivery or instalment shall entitle the Company to suspend further deliveries and work both on the same order and on any other order from the Customer without prejudice to any other right the Company may have. The Company reserves the right where a Customer fails to adhere strictly to the agreed credit terms or where genuine doubts arise as to a Customer's finance position to suspend delivery for any order or any part of instalment without liability until payments or satisfactory security for payment has been provided. Where goods are to be delivered outside of the UK payment must be made against delivery of the goods or shipping documents f.o.b. UK Port unless credit arrangements approved by the Company have been made.
9. Licences etc:
The customer will be responsible in all instances for obtaining any necessary import licenses and complying with all regulations governing admission of the goods into the country of destination and for payment of all customs duties, port duties and charges.
The goods sold and the services carried out by this Company are supplied with the following express Guarantee: The Company takes all precautions to ensure the quality of materials and workmanship and guarantees all goods and services against faulty material and/or workmanship in respect of all goods and services: for a period of twelve months from the date of delivery. The terms of this guarantee apply only to the first owner/user of the goods. The Company will in no circumstances accept responsibility for any defects whatsoever arising from misuse of any goods or arising out of situations outside the control of the Company. This guarantee shall not apply to defects in any goods which have been altered by Customers or third parties and any claims hereunder must be in made writing within 42 days of the point of delivery of goods, clearly stating the nature of the defect.
11. Restrictions on Company's Liability:
a) Subject as aforesaid, all express or implied warranties, conditions, representations, undertakings or liabilities,whether imposed by statute, common law, custom or otherwise regarding damage or loss are hereby expressly excluded insofar that such matters are within the bounds of reasonableness and in the light of these terms and conditions; in particular, without impairing the generality of the foregoing, no statement or description contained in any catalogue or advertisement issue by the Company or any communication from the Company or made verbally or in writing by any of the Company's agents, representations, officers or employees shall give or imply or be construed as giving or implying any such warranty condition, representation, undertaking or liability aforesaid nor shall such statement or description enlarge, very or override or be construed to enlarge, very or override in any way any of the conditions herein contained.
b) The Company accepts no responsibility for damage, direct, consequential, contingent or resulting loss, loss of profits, costs, charges, expenses or other liability, whether of the Customer or of any other party, howsoever arising but within the bounds of reasonableness, the Company's responsibility being strictly limited to rectification or replacement will be made as quickly as possible but the Company requires a reasonable time to effect this. A claim in respect of any defect or failure to comply with the specification or order or in respect of any delivery or instalment of an order or any part thereof shall not entitle the Customer to cancel or refuse delivery of any payment for nay other order delivery or instalment or any part of the same order delivery or instalment.
12. Legal Construction:
The contract shall in all respects be construed and operate as an English contract and shall be governed by English Law.