SMARTPROTEIN.COM

TERMS OF SALE

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers as well as your subscription to Our Memberships through this website, https://www.smartprotein.com/ (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only. 

  1. Definitions and Interpretation
    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
      “Contract” means a contract for the purchase and sale of Goods or Memberships, as explained in Clause 8;
      “Goods” means the goods sold by Us through Our Site;
      “Membership” means the membership services sold by us through Our Site, collectively the “Memberships”;
      “Order” means your order for Goods and/ or Memberships;
      “Order Confirmation” means Our acceptance and confirmation of your Order;
      “Order Number” means the reference number for your Order; and
      “Spending Limit” means the discount available to a particular Membership.
      “We/Us/Our” means Smart Protein Ltd., a company incorporated in Scotland, Registered Number SC638723, whose registered address is at 12 Payne Street Glasgow G4 0LF United Kingdom.
  2. Information About Us
    1. Our Site, owned and operated by Us. 
    2. Our VAT number is GB334974376 
  3. Age Restrictions

    Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

  4. Business Customers

    These Terms of Sale do not apply to customers purchasing Goods in the course of business.  

  5. International Customers

    We deliver worldwide

  6. Terms
    1. You can buy Goods on Our Site at competitive prices without needing to purchase a Membership (the “Typical Price”), or you can opt for one of Our Memberships and buy Our Goods at a significant discount based on various costs such as those of production, inventory and product development; packaging; warehousing and fulfilment; and safety and testing (the “Members Price”), subject to these Terms. The Members Price for Goods may change over time.
    2. If you opt for a Membership option, here's how it works:
      1. If your Order includes a Membership, it can be purchased at the Website checkout like any other Product. From that purchase forward, you (or the lucky recipient if you've bought it as a gift) will become a member (a “Member”).
      2. As a Member, you can buy Goods from the Website at the Members Price. We’ll explain where the price you pay comes from on a transparent basis, including all handling and shipping charges, so you can be clear on your savings.
      3. You will get (depending on your type of Membership) a Spending Limit.
      4. Note that the Spending Limit has no cash value and cannot be redeemed, paid out, or claimed in any way other than as set out in these Terms. It does not impose an obligation on us to fulfil or accept Orders and cannot be separated from the Membership it is linked to.
      5. Our Goods are produced to Our unique specifications (the combination of packaging and product). Our Typical Prices are what you would typically pay at a retailer (online or offline) for a luxury product of similar quality, efficacy and size/weight. For more information on how We calculate the Typical Price, please see Clause 6.4.6.
    3. TYPES OF MEMBERSHIP
      1. Monthly Membership – We offer a number of different Monthly Memberships, with varying Spending Limits. Monthly Memberships come with a three-month minimum term. After the first three months, your Membership will renew automatically on a month-to-month basis and can be cancelled by you at any time. For further information on how to cancel, please see Clause 6.5.1.
      2. Annual Membership - this is a 12-month Membership and your payment method will be charged the full amount for that year's Membership when you purchase it. After the first year, your Membership will renew automatically on an annual basis and can be cancelled by you at any time. For further information about cancellation, see Clause 6.5.2.
      3. Trial Membership (promotional) – We may from time to time provide promotional trial Memberships. These Memberships last for 24 hours, or as otherwise specified during sign up. Eligibility is determined by Us in Our sole discretion and may be limited to prevent abuse. We reserve the right to revoke a promotional trial Membership in the event that We determine you are not eligible, or otherwise in accordance with these Terms. These Memberships may have a limited Spending Limit. These Memberships will not renew automatically, and the recipient will be informed of its expiry date in advance.
      4. From time to time, We may offer different Memberships, and the fees for such Memberships may vary. We sometimes offer other promotional memberships, which are subject to these Terms except as otherwise stated in the relevant promotional offer. We may at Our sole discretion make goodwill offers as part of its promotional campaigns, including limited increases to the monthly allowance or promotional discounts from time to time.
      5. Gift Membership- We may also from time to time allow the purchase of Memberships to be given as gifts. The length and cost of such gift Memberships will be specified on the Website and clear at the point of purchase. These will not renew automatically, and the recipient will be informed of its expiry date in advance. gift cards and gift Membership codes can only be redeemed for gift Memberships subject to these Terms. gift cards and gift Membership codes should be kept safe, as lost or stolen gift cards and gift Membership codes cannot be replaced. We are not responsible for unauthorised use. gift cards and gift Membership codes are valid for use until the expiry date stated on them (if any). For information on how to cancel a gift Membership, please see Clause 6.5.3.
    4. UPGRADING YOUR MEMBERSHIP
      1. Depending on your type of Membership, upgrades to your Membership may be available for purchase on Our Site. These will increase your Spending Limit per month, starting immediately following confirmation of your upgrade.
      2. If you have purchased an upgrade to a Monthly Membership, your Membership will renew automatically on a month-to-month basis from the date on which you purchased your upgrade, at the upgraded Monthly Membership price. Your cancellation rights are not affected.
      3. If you have purchased an upgrade to a Monthly Membership and would like to return to a previous level of Membership, please email on hello@smartprotein.com and they will be happy to help.
      4. If you have purchased an upgrade to an annual Membership, your Membership will be upgraded immediately (at the pro-rated membership fee) with your renewal date unchanged; the membership will renew automatically on an annual basis at the upgraded annual Membership price. Your cancellation rights are not affected.
      5. You may cancel a newly-purchased Membership (Monthly or Annual) at any time within 30 days beginning on the day after you purchased the Membership without having to give a reason by contacting Our Customer Services Department at hello@smartprotein.com
      6. If you have not yet placed any orders for Goods using your Membership, you will be refunded the full cost of your Membership. If you have placed orders for Goods using your Membership, We reserve the right to deduct from your refund the reasonable cost of providing the Membership to you, which is calculated as the Typical Price (i.e. non-member price) of the Goods you ordered, minus the price you paid for them.
    5. CANCELLATION OF MEMBERSHIPS
      1. Your monthly membership can be cancelled by you at any time (once you’ve completed the 3 month minimum term) and will take effect at the end of your current membership month once your notice to terminate has been given. You do not need to give a reason. Simply contact Our Customer Service team at hello@smartprotein.com quoting your full name and Membership number.
      2. Your annual membership can be cancelled by you at any time (once you’ve completed the 3 month minimum term) and will take effect at the end of your current membership month once your notice to terminate has been given. You do not need to give a reason. Additionally, you can also cancel a renewed annual membership within 30 days of your renewal date and the full fee for the renewed year will be refunded to you. Simply contact Our Customer Service team at hello@smartprotein.com quoting your full name and Membership number.
      3. You can cancel a newly purchased gift Membership, without having to give a reason, within 30 days of the day after you purchased the gift Membership, provided the gift Membership has not been activated/redeemed. Gift Memberships become void once cancelled. Refunds will only be made where a request has been made by the purchaser. Refunds of the price paid will be made to the purchaser only, onto the original payment card. No refund or credit note will be given to the gift recipient. The gift recipient may cancel their gift Membership at any time; however, they will still receive access for the full gift Membership period, subject to these Terms. If you wish to cancel a newly purchased gift Membership, please contact Our Customer Services Department at hello@smartprotein.com quoting your Full Name and Membership number. Once a gift card or a gift Membership code has been activated/redeemed, this means the user has consented to the immediate start of their gift Membership (or in the case of an existing member, the immediate increase to their Spending Limit) and the purchaser loses their right of cancellation and refund.
    6. REJOINING FOLLOWING CANCELLATION
      1. If you wish to purchase a new Membership following cancellation, this is at Our sole discretion. Please be aware that unless otherwise agreed, your Spending Limit will be reset to the ordinary starting figure and no Spending Limit from a cancelled Membership will be carried over.
    7. CHANGES TO YOUR MEMBERSHIP TERMS
      1. Where it is necessary to change your terms of Membership, We shall notify you by email. If such change materially alters your position as a consumer, We shall give you the option to cancel your Membership and receive a pro-rota refund for the time remaining on your Membership.
  7. Goods, Pricing and Availability
    1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:
      1. Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of Goods and the actual product sold due to differences in computer displays and lighting conditions;
      2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
    2. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
    3. Where appropriate, you may be required to select the required size,typenumber, flavour, weight or colour of the Goods that you are purchasing.
    4. We cannot guarantee that Goods will always be available.  Stock indications are not provided on Our Site.
    5. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.
    6. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.    Changes in price will not affect any Order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
    7. All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 7 days , We will treat your Order as cancelled and notify you of this in writing.
    8. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    9. All prices on Our Site include Value Added Tax (“VAT”) in terms of the Value Added Tax Act 1994 and any other applicable sales taxes, and any other tax measured by sales proceeds, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment. 
    10. Prices are liable to change at any time, but (except in cases of obvious error) changes will not affect orders in respect of which the ordering process is complete.
    11. Delivery charges are not included in the price of Goods displayed on Our Site.  For more information on delivery charges, please refer to How It Works  Delivery options and related charges will be presented to you as part of the Order process.
  8. Orders – How Contracts Are Formed
    1. Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
    2. If, during the Order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
    3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
    4. Order Confirmations shall contain the following information:
      1. Your Order Number;
      2. Confirmation of the Membership or Goods ordered including full details of the main characteristics of those Goods or Membership;
      3. Fully itemised pricing for the Membership or Goods ordered including, where appropriate, taxes, delivery and other additional charges;
      4. Estimated delivery date(s);
      5. Customer services details should you have any queries
    5. We will also include a paper copy of the Order Confirmation with your Goods.
    6. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
    7. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
  9. Payment
    1. Payment for Memberships, Goods and related delivery charges must always be made in advance and you will be prompted to pay during the Order process. 
    2. In placing your Order with a credit or debit card or by PayPal you confirm that the card/account being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Membership or Goods. Your chosen payment method will not be charged until We dispatch your Goods.
    3. We accept the following methods of payment on Our Site:
      1. Visa;
      2. Mastercard;
      3. American Express;
      4. Maestro;
      5. Amazon Pay;
      6. JCB; and
      7. Solo.
      8. Paypal
    4. By using a third-party payment service, you may also be subject to an agreement with the third party. For example, Amazon Pay (UK) is a third-party service provided by Amazon Payments UK Limited. and is subject to their Terms of Use. We shall have no liability whatsoever to you with regard to any contract between you and any such third party. It is your responsibility to comply with the terms of any such third party contract. Failure to comply with any such third party contract may have financial and other consequences for you. By accepting payment from the above mentioned third parties, does not mean that We make any recommendation or endorsement of these third party providers or their Goods. It is for you to decide whether any third party’s terms are acceptable to you and you agree that you enter into any such third party contract at your own risk.
    5. If We receive notice that your activity violates a third party's terms and conditions, We may take action to comply with their policies. Such actions may include cancelling a transaction.
    6. Our payment functionality may be made available, modified, or discontinued by us at any time without notice. 
    7. We may refuse service of payments to anyone, for any reason, at any time.
    8. We reserve the right to decline transactions that We believe to be high risk, fraudulent, or in violation of these Terms of Sale. 
    9. We are under no circumstances liable for the functionality or availability of third party services. We are not liable for any errors/defects or delays, or any failure of a third party to fulfil its obligations, to the extent that this is the result of the actions or omissions of you or a third party.
  10. Delivery, Risk and Ownership
    1. All Goods purchased through Our Site will normally be delivered within 3-5 days calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14). Due to the size of some Goods or large quantities ordered, We may have to split up your order; if that happens, you will only be charged once for shipping.
    2. If We are unable to deliver the Goods on the delivery date, the following will apply:
      1. If no one is available at your delivery address to receive the Goods, the courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
      2. If you do not collect the Goods or rearrange delivery, and the courier returns the Goods to Us, We will contact you to ask you how you wish to proceed.  If We cannot contact you or arrange redelivery, We will treat the Contract as cancelled.  If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery.  We may also bill you for any reasonable additional cost that We incur in recovering the Goods.
    3. In the unlikely event that We fail to deliver the Goods within 14 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
      1. We have refused to deliver your Goods; or
      2. In light of all relevant circumstances, delivery within that time period was essential; or
      3. You told Us when ordering the Goods that delivery within that time period was essential.
    4. If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.
    5. You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days.  Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Goods.
    6. Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
    7. Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
    8. You must comply with all UK or any other relevant country’s export laws and regulations (“Export Controls”) and you shall not export, direct or transfer any portion of the Goods, to any destination, person or entity restricted or prohibited by the Export Controls.
    9. Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering Goods.
  11. Faulty, Damaged or Incorrect Goods
    1. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at support@smartprotein.com  as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:
      1. Beginning on the day that you receive the Goods (and ownership of them) you have a 14 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
      2. If you do wish to reject the Goods, or if the 14 calendar day rejection period has expired, you may request a replacement.  We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund.  If you request a replacement during the 14 calendar day rejection period, that period will be suspended while We carry out the replacement and will resume on the day that you receive the replacement Goods.  If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
      3. If, after replacement, the Goods still do not conform (or if We cannot replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt to replace the Goods again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
      4. All products purchased from SMART PROTEIN are covered by the SMART PROTEIN Quality Guarantee. If you don't love the product, return it within 14 days for a full refund. Just contact us at hello@smartprotein.com and we'll take care of it.
      5. If you do cancel your order, you will have your payment refunded, although if the goods have been delivered these will need to be returned first. Unfortunately we cannot cover the cost of return postage.
      6. In the event we agree to the return of a product, the product must not be opened in any way and must still be in original condition. Heat seals must not be broken.
      7. To cancel/return an order, please contact our friendly help team : 
      8. **Please note, in order for us to create your refund you are required to send your tracking number to returns@smartprotein.com advising us of your returned package.
    2. Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind.  If you are a consumer, you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason.  Please refer to Clause 11 for more details.
    3. To return Goods to Us for any reason under this Clause 11,  pease note, in order for us to create your refund you are required to send your tracking number to returns@smartprotein.com advising us of your returned package.
    4. Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
    5. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods.
    6. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  12. Cancelling and Returning Goods if You Change Your Mind
    1. If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.  This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation.  
      1. If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.  
      2. If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.  
    2. If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period.  You may do so in any way you wish, however for your convenience We offer a cancellation form by emailing out customer services hello@smartprotein.com and will include it with the Order Confirmation.  Cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling-off period lasts for whole calendar days.  If, for example, you send Us an email or letter by 23:59:59 Greenwich Mean Time on the final day of the cooling-off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:
      1. Telephone: +44 141 380 0691;
      2. Email: hello@smartprotein.com;
      3. Post: 12 Payne Street Glasgow G4 0LF United Kingdom;

        In each case, providing Us with your name, address, email address, telephone number, and Order Number.

    3. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
    4. Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
      1. If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
    5. Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
    6. You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address at SMART PROTEIN Returns 

      P2P Mailing Fulfilment

      Dunton Distribution Centre

      Christy Way

      Basildon

      SS15 6TR

      Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.  

    7. Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
      1. The day on which We receive the Goods back; or
      2. The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.7.1); or
      3. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
    8. Refunds under this Clause 12 may be subject to deductions in the following circumstances:
      1. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop) or if they fall under the circumstances narrated in 11.5.
      2. Standard delivery charges will be reimbursed in full as part of your refund.  Please note, however, that We cannot reimburse for premium delivery.  We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12. 
    9. Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods. We accept no liability, nor will We take responsibility for any bank charges that you may have incurred during the Order process.
  13. Disclaimers and Our Liability to Consumers
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    2. We only supply goods for domestic and private use by consumers.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
    5. Professional medical or specialist advice should always be sought before taking any supplements in particular but not limited to those individuals who are pregnant, nursing, diabetic, on medication, have a medical condition, have an allergy or an intolerance to certain foods or medicines  or are beginning a weight control program. If you have allergy concerns, it is important to carefully read the information on each package. Ingredient and allergen information listed on a package only covers what is contained in that package. It is not intended for other packages even of what appears to be the same product. Ingredients may vary from one package to another due to product reformulation or where the product is produced. Our Goods are to be taken in conjunction with a healthy, well balanced diet and a healthy bodybuilding or exercise programme. 
    6. If you experience any pain or discomfort or any other adverse effects you should stop taking the Goods immediately and you should seek medical advice. In rare circumstances allergic reactions can occur, symptoms include (but are not limited to) swelling of the face, tongue, lips and throat, difficulty breathing, severe itching of your skin with raised lumps, joint pain, sensitivity to the sun and a general feeling of being unwell. In very rare cases allergic reactions can be fatal. If you experience any of these symptoms you should stop taking the Goods immediately and go to hospital at once. 
    7. Any product label or packaging should not be considered as a substitute for advice from a healthcare professional. We do not recommend self-management of health issues. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on Our Goods.
    8. The statements made regarding these Goods have not been evaluated nor has the efficacy of the Goods been confirmed by any regulatory organisations such as The Medicines and Healthcare Regulatory Agency (MHRA) or the Food and Drug Administration (FDA).You should not use the information or Goods to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacture and any product label or packaging, prior to using Goods. Individuals are different and may react differently to different Goods. 
    9. Always check the product label or packaging on Goods prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labelling and packaging details and recommended use.
  14. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control including any epidemic or pandemic (whether natural or man-made).
    2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      1. We will inform you as soon as is reasonably possible;
      2. We will take all reasonable steps to minimise the delay;
      3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      5. If the event outside of Our control continues for more than 30 calendar days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days  of the date on which the Contract is cancelled;
      6. If an event outside of Our control occurs and continues for more than 60 calendar days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site.  If you would prefer to contact Us directly to cancel, please use the following details:

        Telephone: 0141 380 0691

        Email: hello@smartprotein.com

        Post: 12 Payne Street Glasgow G4 0LF United Kingdom.

        In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.

  15. Communication and Contact Details
    1. If you wish to contact Us with general questions, your order or complaints, you may contact Us by telephone at +44 141 380 0691  , by email at support@smartprotein.com, or by post at 12 Payne Street Glasgow G4 0LF United Kingdom.
    2. For matters relating to cancellations, please contact Us by telephone at +44 141 380 0691, by email at cancellations@smartprotein.com, or by post at 12 Payne Street Glasgow G4 0LF United Kingdom.
  16. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. All complaints are handled in accordance with Our complaints handling policy and procedure, available from <<insert location>> and <<insert location>> respectively.
    3. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      1. (In writing, addressed to Customer Services,12 Payne Street Glasgow G4 0LF United Kingdom.
      2. (By email, addressed to support@smartprotein.com
      3. (Using Our complaints form, following the instructions included with the form;
      4. (By contacting Us by telephone on +44 (0) 141 380 0691
  17. How We Use Your Personal Information (Data Protection)
    1. All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
    2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.
  18. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.  
    3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.  
    4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received (these goods must be sealed) and We will arrange for a refund (including delivery charges) which will be paid within 14 days of your cancellation.
  19. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the Scots Law
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts as determined by your residency. 
    4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Scottish Courts.