Terms & Conditions
1. Basic information
These terms and conditions apply to contracts concluded in the e-shop www.provokenutrition.com between the seller and the buyer and their rights and obligations under the English Civil Code.
The seller is as follows below:
Business name: Provoke Nutrition
Address: 37 Wordsworth Grove, Stanley, Wakefield, WF3 4JL, UK
Phone: +441924676409 -mail: email@example.com
The buyer is the consumer, natural or legal person.
Contract or order means a sent form containing information about the buyer, a list of ordered goods from the e-commerce offer and the price of these goods, processed by the system of the shop or e-mail sent to the address of the seller.
2. Order and contract conclusion
The Buyer submits the completed order as a proposal to conclude a contract under the Civil Code, based on the Seller's offer in the e-shop. The contract is concluded by confirming the order by the seller.
By ordering from this website, the buyer declares that is older than 18 years of age.
3. Prices of goods
All product prices in the e-shop are final, including all taxes. The seller is not a VAT payer. Product cost does not include shipping costs. These are listed on https://www.provokenutrition.com/shipping and in the shopping cart before the order is completed, where the buyer can also see the total order price including the cost of delivery.
All actions listed on this website are valid until stocks run out.
4. Payment for goods
Seller accepts payment for ordered goods in the following ways:
- pay by credit/debit card
- transfer to account
- using PayPal
The buyer is obligated to pay the price to the seller for the ordered goods.
5. Delivery of goods
If the delivery period is not specified for the product, the seller shall deliver the goods to the buyer within 30 days at the latest (the usual delivery period is within 3-5 days for the domestic market, i.e. the United Kingdom). When paying in advance, the seller sends the goods only after the payment has been credited to the seller's account.
The ordered goods are shipped according to the availability of products and operating possibilities of the seller as soon as possible and the buyer is informed about the receipt of the order and also when the goods is shipped by the courier to the buyer, it takes a few days to send goods from the UK to other European Union countries.
Goods are deemed to be taken over by the buyer at the moment when the buyer or a third party designated by him (with the exception of the courier) takes over all or part of the goods ordered, or if (a) the goods ordered by the buyer in one order are delivered separately, at the time of the last delivery of the goods; (b) supplying goods consisting of several parts or pieces, the moment of the last piece or last piece being taken over; (c) the goods are supplied repeatedly for a limited period, at the moment of receipt of the first goods delivered.
The Seller may send goods that are immediately available to the Buyer and deliver the remainder of the order within the statutory period, provided that no additional postage is charged to the Buyer, other than that included in the order.
Postage is not charged for personal collection.
Postage and packing for delivery to the territory of the Member States of the European Union. other states are set individually, based on a written agreement (email) between the buyer and the seller, or will be specified on the payment page in the cart.
6. Complaints Procedure
The seller is liable for defects that the goods have when taking over by the buyer. For items sold at a lower price, it is not responsible for a defect for which a lower price has been agreed.
The warranty period for new goods is 24 months from the receipt of the goods by the buyer. The warranty period for used goods is 12 months. If a time limit for use is indicated on the item sold, its packaging or the instructions accompanying it, the warranty period shall not expire before the expiry of that period.
The warranty card is issued at the request of the buyer. A proof of purchase is sufficient to file a claim.
If the goods have a defect that can be removed, the buyer has the right to be free, timely and properly removed. The Seller is obliged to remove the defect without undue delay.
However, the buyer should not continue to use the defect. If errors occur after purchase, they must be reproached without undue delay from the discovery of the error, at the latest by the expiry of the warranty period. After the warranty period expires, the right to claim will cease to exist.
Wear characteristic of a given material or use is not considered a defect. It is not a defect unless the nature of the goods sold implies that its service life is longer than the expiry date and when, in the normal course of use, it is worn out before the expiry date.
Instead of removing the defect, the buyer may request replacement of the item, or if the defect relates only to a part of the item, replacement of the part if the Seller does not incur disproportionate costs due to the price of the goods or the seriousness of the defect. The seller may always replace the defective item with a defect instead of defect removal if it does not cause serious difficulties to the buyer. If it is a defect that cannot be removed and prevents the thing from being properly used as a defect-free thing, the buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights belong to the buyer if it is a removable defect, but if the buyer cannot properly use the item for recurrence of the defect after repair or for a number of defects. If there are other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item. Defect liability rights apply to seller, billing address.
Complaint handled means the termination of the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the product price, a written request for acceptance of the performance or its reasonably refused.
When claiming the complaint, the seller shall determine the manner of handling the complaint immediately or, in complex cases, no later than 3 working days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of the claim. After determining the way of handling the claim, the claim will be handled immediately; in justified cases, the claim may be settled later; however, the claim may not take longer than 30 days from the date of claim. Upon expiry of the claim settlement period, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.
The Seller is obliged to issue a confirmation to the Buyer when making a claim. Claims are applied by e-mail to firstname.lastname@example.org and the Seller is obliged to deliver the claim confirmation immediately to the Buyer; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest along with the proof of the claim; a claim for a claim must not be delivered if the buyer has the opportunity to prove the claim in another way.
The warranty does not cover defects in goods caused by improper use, storage or damage to the goods by the Buyer. The packaging and contents of the product must not be mechanically damaged (mechanical damage means damage to the product that could not have been caused by normal use of the product for the purpose for which it was made).
7. Return of Order and Cancellation of Order
The buyer is entitled to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods. Only the consumer can use this right.
Goods are deemed to be taken over by the buyer at the moment when the buyer or a third party designated by him, with the exception of the carrier, takes over all or part of the goods ordered, or if a) the goods ordered by the buyer in one order are delivered separately, at the time of the last delivery of the goods; supplying goods consisting of several parts or pieces at the moment of the last piece or last piece being taken over; (c) the goods are delivered repeatedly for a limited period, at the moment of receipt of the first goods delivered.
The buyer may also withdraw from the contract subject to the delivery of the goods, even before the withdrawal period begins.
The buyer cannot withdraw from the contract, the subject of which is:
-the sale of goods made to the specific requirements of the consumer, goods made to measure or goods specifically intended for one consumer,
-selling goods that are subject to rapid quality or perish
-the sale of goods enclosed in protective packaging which is not suitable to be returned for reasons of health protection or for hygienic reasons and whose protective packaging has been damaged after delivery (for example, food contact caps),
-the goods must be undamaged and must not be used, they must be in their original, undamaged, protective foil.
-the sale of goods which, by their nature, may be inseparably mixed with other goods upon delivery.
The buyer bears any reduction in the value of the goods caused by its use beyond what is necessary to determine the functionality and characteristics of the goods.
The cost of returning the goods is borne by the buyer.
Goods must be sent recommended and insured, as the seller is not liable for its possible loss.
The Buyer may exercise the right to withdraw from the Contract in writing or on another durable medium (eg by e-mail) or by submitting a completed form available at https://www.provokenutrition.com/doc/contract-withdrawal-form.pdf.
The right of withdrawal may be exercised by sending a notice of withdrawal on the last day of the 14-day period.
Upon receipt of the notice of withdrawal, the Seller shall return to the Buyer, within 14 days at the latest, any payments received from it under or in connection with the Contract, including shipping, delivery and postage and other costs and charges. The seller will refund the payment in the same way that the buyer used to pay. The buyer may also agree with the seller on another method of refund.
The Seller is not obliged to reimburse the Buyer for additional costs if the Buyer has explicitly chosen a different way of delivery than the cheapest standard delivery method offered by the Seller. Additional costs are the difference between the cost of delivery chosen by the buyer and the cost of the cheapest normal delivery method offered by the seller.
When withdrawing from the contract, the seller is not obliged to return the payment to the buyer before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, unless the seller suggests picking up the goods in person or through a person authorized by him.
The Buyer is obliged to send the goods back to the Seller or the person authorized by the Seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This period shall be deemed to be maintained if the goods have been handed over for carriage no later than the last day of the period.
When withdrawing from the contract, the buyer shall only bear the cost of returning the goods to the seller or the person authorized by the seller to take over the goods and also the cost of returning the goods, which due to their nature cannot be returned by post.
The buyer is responsible for reducing the value of the goods resulting from the handling of the goods, which is beyond the treatment necessary to determine the properties and functionality of the goods.
In order to determine the nature, characteristics and functionality of the goods, the consumer should only handle the goods and check them in a way that would be allowed in the 'stone' shop, ie. just visually review the product and assess its suitability. The buyer is required to handle and inspect the goods with due care during the withdrawal period. The seller reserves the right to cancel the order or part thereof in the following cases: - if the buyer has violated the business conditions or violated them in the past or is suspected of a possible fraud where the seller might be harmed - the goods are no longer produced or delivered or the price of the supplier of goods has changed significantly. In the event that this happens, the seller will immediately contact the buyer to agree on further action. In the event that the Buyer has already paid part or all of the purchase price, the amount will be returned to his account within 14 calendar days.
8. Alternative dispute resolution
The buyer - consumer - has the right to appeal to the seller for redress (for example, by e-mail) if he is not satisfied with the manner in which the seller has handled his claim or if he believes the seller has violated his consumer rights.
The purpose of processing personal data is to use it to fulfill a consumer contract that the seller concludes with the buyer to create an order in this online store. At the same time, this consumer contract is the legal basis for the processing of the buyer's personal data. The provision of personal data to the buyer is a contractual requirement that is necessary to conclude the contract. The provision of personal data is a prerequisite for the purchase in the seller's e-shop. If the Buyer fails to provide all the required personal data to the Seller, this may result in the conclusion of the Purchase Contract.
When processing personal data, the seller proceeds in the sense of the protection of personal data and only processes the personal data necessary to conclude a consumer contract.
The seller processes the ordinary personal data of the buyer.
Buyer's personal data is kept in the vendor's information system for 10 years.
The buyer has the right and the possibility to update the personal data in online mode on the website of the e-shop, in the customer section, after logging in or in another form (by e-mail, in writing).
Personal data may be provided to third parties for the purpose of performing the consumer contract - delivery companies (couriers) and companies that process accounting documents.
Buyer's personal information is not published.
The Seller may provide the Customer's personal data (to the extent: e-mail address) of Heureka Shopping Ltd., solely for the purposes of the "Customer Certified" program, to obtain feedback from the Buyer in connection with the purchase made in the Seller's e-shop.
The Buyer has the right to obtain from the Seller a confirmation that the Buyer's personal data are processed in the Seller's e-shop. The buyer has the right to access such data and also the purpose for which it is processed, what data categories are being processed, to whom the personal data is provided, how long personal data is kept, whether there is automated individual decision making, including profiling.
The first provision of the above personal information to the buyer is free of charge. Repeated provision of personal data requested by the buyer will be charged as an administrative fee of 5 €.
The buyer may require the seller to correct or complete incomplete personal data relating to the buyer. Buyer may request the deletion of his / her personal data or restrictions on the processing of such data. The buyer may also object to the processing of personal data.
The processing of personal data by the buyer is also necessary for archiving purposes (to comply with the seller's obligation under the law, for example, keeping the accounting documents for 10 years). If the buyer requests the deletion of personal data processed in connection with the sales contract, his / her request may be rejected.
10. Liability for errors at www.provokenutrition.com
The Seller warns that the information provided on www.provokenutrition.com is partly collected from third parties and may contain inaccuracies and may be updated without prior notice.
The Seller may change the products and services described on its Site at any time without prior notice and does not guarantee the accuracy of their content.
The Seller is not liable to any other party for direct, indirect or extraordinary damages caused by the use of information from its own or linked websites.
The Seller reserves the right to amend these Terms and Conditions without prior notice to the Buyer. In case of change of GTC or complaint conditions, the whole purchase process is governed by these GTC, which were valid at the moment of sending the order by the buyer and these are available on the seller's website.
11. Final provisions
The buyer declares that he has read and agreed to these general terms and conditions before completing the order. Notwithstanding the other provisions of the Agreement, Seller shall not be liable to Buyer for loss of profit, loss of opportunity, or any other indirect or consequential loss as a result of negligence, breach of contract or otherwise.
The sale of goods through the online store www.provokenutrition.com is governed by English law.
Relations between the two parties not regulated by these "General Terms and Conditions" are governed by the applicable provisions of the applicable English law.
Please retain these Terms and Conditions for your future reference.