These are the terms and conditions of supply for products ordered on www.musclemary.co.uk (Site). The Site is operated by or on behalf of Musclemary’s ltd (musclemary, we, us and ). We are a limited company, registered in Scotland. Our registered company number is SC544008, and our registered office is at C/O Donoghue & Co. Ltd, 19a Wellside Place, Falkirk, Stirlingshire, Scotland, FK1 5RL
Your purchase of any of the products offered on the Site (Products) is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 05 January 2021.
The Site contains information about Musclemary’s ltd and the skincare products and oral supplements that are available for sale on the Site. The Site is not intended to be or to be used in place of medical advice.
No medical advice or medical devices are made available through the Site and we made no representations or warranties that the Products will be appropriate for your needs or requirements. The content of the Site and the Products available for sale is not intended to be and should not be used in place of the advice of your doctor or other medical professional. No doctor-patient relationship is created between you and us by your use of the Site and us supplying Products to you.
If you are unsure of any of the ingredients listed in the product then do not purchase.
If you require medical advice please contact your doctor.
We may, from time to time, restrict access to certain features, parts or content of the Site or the ability to purchase Products on the Site to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, atany time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
ORDERING AND AVAILABILITY
To order any Product, you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms and conditions). By doing so, you confirm to us that you meet this requirement.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Buy" button on the checkout page.
After placing an order, you will receive an acknowledgment from us that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance by sending you a confirmation that your order has been despatched (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 60 days after the date of the Order Confirmation, unless there are exceptional circumstances. We will endeavour to fulfil orders in the specified timeframe listed on the site but it may be the case that orders are unable to be delivered due to courier errors. This is the responsibility of the couriers and not musclemary’s ltd.
Your order will be delivered to the delivery address you specify when placing your order (details of where we deliver to can be found on the Site). If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products comprised within the same order cannot be delivered to different addresses.
DELIVERY OUTSIDE THE UNITED KINGDOM
If you order Product(s) for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
PRICE AND PAYMENT
The price of Products is as quoted on the Site from time to time.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. Please note that, for security reasons, the statement address for the credit or debit card you use to pay must be the same as the delivery address for the order.
We will not charge your credit or debit card until we despatch your order.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
CONSUMER CANCELLATION RIGHTS
You will not have any right to cancel a Contract for the supply of any hygiene-sealed items where the sealed packaging has been opened. These include all of the supplements.
Save for the foregoing, you may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you.
If you cancel, you will receive a full refund of the price paid for the Product(s), excluding postage costs, in accordance with our refunds policy (see below).
To cancel a Contract, you must clearly inform us, preferably:
by completing the returns form enclosed with your delivered order and returning the Products;
in writing to the following email address firstname.lastname@example.org giving us your name, address and order reference; or by completing and submitting our cancellation form available on the Site.
You must also return the Product(s) to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.
To return the Product(s), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail to the following address:
We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s) to us.
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.
OUR REFUNDS POLICY
If you cancel a Contract between us within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address (see above). We will refund the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site; remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
create links to the Site from any other website, without our prior written consent.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except as otherwise expressly provided, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
The Site may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as comments pages and/or news groups (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.
If you participate in any User Content Areas, you must:
keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic; not submit any User Submission that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements; and not impersonate, or misrepresent an affiliation with, any person or entity.
ou agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.
Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any User Submission must be sent to email@example.com and must contain details of the specific User Submission giving rise to the complaint.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these terms and conditions shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
under Part I of the Consumer Protection Act 1987; or
for any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these terms and conditions or any Contract will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general, or any complaint or concern in relation to any product ordered by email to firstname.lastname@example.org