Terms and Conditions of Purchase
The Maximuscle team would like to provide you with a strong and compelling reason to visit our site again.
- We use customer contact information from the order form for accounting purposes and to contact the customer when/if necessary (e.g. for customer service issues). Where Maximuscle uses a third party to fulfill the transaction, the following information is provided to the supplier in order to facilitate the transaction and/or exchange of goods: email address, phone numbers, fax number and payment details, including credit card information. Maximuscle also uses the order information to send the customer information about our company and our services. Demographic and profile data is used to provide aggregate customers profiles to our marketing partners and to help us create a better service. Demographic and profile data is used to tailor our visitors' experience at our site, showing content that we think might be of interest, and displaying the content according to these preferences. Customers can opt out at any time of receiving these future mailings by unsubscribing
- Information gathered from contests: occasionally we run contests on our site and the customer's contact information is used to contact the customer when necessary (e.g. to notify you if you have won). Customers are added to our mailing list for future products if they agree to receive marketing information. Customers may opt out at any time of receiving future mailings by changing their account preferences, contacting customer services team via email email@example.com or phoning 0345 241 2866.We do not sell, share, trade, rent, or give away any of your personal information on our email lists without your consent.
- Emails sent to Maximuscle may occasionally be used for testimonial purposes but will be withdrawn from the web site if requested. Our site may from time to time contain links to other sites and Maximuscle is not responsible for the privacy practices or the content of such web sites. You can send mail to the following postal address: Boughey Distribution Limited Nantwich Rd, Wardle, Nantwich CW5 6RS.
- No contract will subsist between you and Maximuscle for the sale by it to you of any order unless and until Maximuscle accepts your order by e-mail confirming that it has been dispatched.
1. Place of performance and applicable law
Maximuscle products are sold by HNC Healthy Nutrition Company (UK) Limited, a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. HNC makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provision.
- HNC has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, HNC disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
- HNC shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
- Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of HNC. When you activate any of these you will leave the Maximuscle site and HNC has no control over and will accept no responsibility or liability for the material on any site which is not under the control of HNC.
3. Limitation of Liability
You agree that HNC shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
- loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
- direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under HNC ´s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where HNC has been advised of the possibility of such loss or damage).
You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of HNC in contract, tort, negligence, statutory duty or otherwise (even where HNC has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
- any defect in a product;
- any failure by HNC to process signals, data, information, orders or messages correctly or in a timely manner;
- any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
- any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 3.2.1, to the price of the relevant goods and otherwise to £50. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and HNC becomes liable for loss or damage that could otherwise have been limited.
You agree and acknowledge that you are in a better position than HNC to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by, HNC and therefore that HNC cannot adequately insure in respect of such liability. You warrant to HNC that you will insure against, or bear yourself, any loss for which HNC has excluded liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 5 may not apply to you.
In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of HNC.
Save to the extent that it falls within the provisions of clause 5, you shall indemnify HNC and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Maximuscle site or purchase of goods and/or services from that site which are brought or threatened against HNC or suffered or incurred by HNC by another person or entity.
Delivery times quoted are estimates only, and HNC shall not be liable for any delays caused except to the extent caused willfully or negligently by HNC.
All designs, text, graphics and their selection and arrangement on this site are the copyright of HNC or its content providers. As a visitor to the Maximuscle site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without HNC prior written consent is strictly prohibited.
Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
- disassemble, reverse engineer, decompile or in any other way interfere with the Software;
- copy or modify the Software; or
- create any new Software partly or wholly based on the Software.
Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
8. Typographical and Pricing Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
9. Matters Beyond our Reasonable Control
HNC shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
12. Gift Vouchers and Voucher codes
- Discount vouchers can be used towards goods of a higher price than the value of the Discount voucher on payment of the excess by credit/debit card.
- Discount Vouchers can be redeemed at www.Maximuscle .com on any purchase made in GBP sterling.
- Discount Voucher refunds are subject to these terms and conditions and are not assignable or transferable.
- Only one Discount voucher per person.
- Only one Discount Voucher can be redeemed against a purchase in any one transaction.
- Discount Vouchers or Discount codes cannot be used in conjunction with already Discounted Products, other Promotional Offers, Product Bundles and Gift Vouchers.
- Discount Voucher refunds are not transferable and have no cash value.
- Discount Vouchers are non-returnable.
- HNC reserve the right to immediately suspend proceedings with a purchase if it believes the customer is in breach of any of these terms and conditions.
- A Discount Voucher cannot be claimed on transactions that have already been processed by HNC.
- HNC terms and conditions of purchase for using the www.Maximuscle .com website apply (http://www.Maximuscle/help/terms-and-conditions).
- HNC reserves the right to amend the terms and conditions of the Discount Voucher at any time and to take any action it deems reasonably necessary which may include cancelling the Discount Voucher. This does not affect your legal rights.
- HNC cannot be held responsible for failure to meet its obligations regarding the sale, redemption or any other action in connection with the Discount Vouchers which occur as a result of, but not limited to, acts of God, fire, flood, governmental intervention or disruption or breakdown of computer and IT infrastructures.
- Voucher codes only apply against the full normal RRP of the product unless otherwise stated.
- Voucher codes cannot be used in conjunction with existing offers or maxirewards unless otherwise stated.
- The construction, validity and performance of these conditions shall be governed by the laws of England and Wales.
- Value added stacks coupons can only be used on Maximuscle (£10 off £50 & £50 off £100).
- Multi-buy promotions apply as a "Cheapest Free" offer and they work across products within that promotional group and across flavours too. Buy one get one free and three for the price of two promotions are created by adding all the products to the basket as required and the cheapest product in that group is then applied free of charge.
- Free products are offered from time-to-time as part of a promotion with regard a customer's total order value. A higher order value often means that a product is offered with a higher perceived value but this may not be always be the case. HNC reserve the right to remove, cancel or change promotional free products at any time according to a customer's order value, stock availability or any other reason.
A. Maxiteams Anthony Watson Appearance Competition
Enter the MaxiMuscle Competition and have the opportunity to win a one hour training session with our MaxiMuscle Ambassador - England rugby player Anthony Watson.
- This prize draw (“Competition”) is organised and promoted by HNC Healthy Nutrition Company (UK) Limited (referred to as “we” “us” and “our”) and is subject to these Terms and Conditions which are also available on our website, https://www.maxinutrition.com.
- The Competition will run from 12th February 2019 to 19th November 2019 (“Closing Date”) inclusive. Entries received after the Closing Date will not be counted.
- The Competition is open to rugby clubs based in England, Wales and Scotland. One entry per club.
- To enter the Competition and get a chance to win the prize mentioned above (“Prize”), you need to register your club before the Closing Date to receive discount codes on Maxi products using our “Maxiteams” online discount platform. There is no entry fee and no purchase of any Maxi products is required to enter the Competition. All you need to do is register your club.
- We do not accept responsibility for:
- any inaccurate information contained within the registration. It is your responsibility to provide complete and accurate information; and
- competition entries that are mislaid, damaged, lost, regardless of cause, including as a result of any equipment failure, technical malfunction, systems, network, computer hardware or software failure of any kind.
- We reserve the right to suspend or cancel the Competition if it becomes necessary to do so.
- The winning club will be chosen by random draw and will be notified by email within 7 working days of the Closing Date. If the winning club cannot be contacted and/or does not claim the Prize within 14 days of the notification, we reserve the right to draw another club.
- Our decision about the Prize is final and binding and no correspondence will be entered into.
- The prize is non-transferrable and non-exchangeable, and no cash alternative is offered.
- The training session with Mr Watson will take place within 4 weeks after we have notified the winning club on a date to be arranged by us. We reserve the right to provide an alternative prize if the date for the training session cannot be arranged due to circumstances beyond our control.
- All club members taking part in the training session must be 18 years of age or over.
- The name of the winning club can be obtained by sending an email to firstname.lastname@example.org within 30 days of the Closing Date. Details of the club members taking part in the Prize will not be provided.
- The winning club shall seek the consent of the club members participating in the Prize to enable:
- our partner (Mark Morgan of True Legacy Limited, email@example.com telephone 020 8719 0719) to film and/or take photographs of the training session with Mr Watson for publicity and promotional purposes.
- to enable us to post the film and/or photographs on our various social media platforms, along with the name and location of the rugby club and the names of the participating club members.
- Insofar as is permitted by law, we will not in any circumstances be responsible or liable to compensate the winning club or accept any liability for any loss, damage, personal injury or death occurring as a result of participating to the training session with Mr Watson except where it is caused by our negligence or the negligence or our employees. Your statutory rights are not affected.
- If we have any reason to believe that you have breached any of these terms and conditions, we may, at our sole discretion, reserve the right to exclude a club from participating in the Competition.
- These terms and conditions are governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
By entering this Competition, each participating club agrees to be legally bound by these Terms and Conditions.