Terms & Conditions
Terms and conditions of sale
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 In these terms and conditions:
(a) "we", “us” or “our” means MuscleSquad Limited; and
(b) "you" or “your” means our customer or prospective customer.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by informing us prior to dispatch (usually 4pm Monday – Friday) of any errors in your order this can be done by email or by calling.
3.5 We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or it the products ordered were subject to an error on our website (for example they were out of stock or in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
3.6 We may cancel an order if we feel you are scalping and looking to resell our products, this can be identified by placing large orders of multiple items.
4.1 The following types of products are or may be available on our website from time to time: sporting goods and fitness equipment, clothing and fitness plans.
4.2 We may periodically change the products available, on our website, and we do not undertake to continue to supply any particular product or type of product.
4.3 We may offer certain products as part of a package or bundle deal for a promotional price. You may choose to purchase these products as individual items or as part of the package. If you are exercising your right to cancel in accordance with clause 8, all products in the package must be returned to us in order to receive a full refund. If you only return certain products, we will only be required to issue you a refund in respect of the value of the products that have been returned in the context of the package. For the avoidance of doubt, the value of a particular product in a package may be less than its full value had you purchased the product individually.
4.4 To the maximum extent permitted by law, where a product purchased as part of a package is faulty and you are returning the product in accordance with clause 20, we will only accept a return and issue a refund in respect of the faulty product. For the avoidance of doubt, the remaining non-defective products in the package can only be returned in accordance with clause 8.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force. If you do not agree with any amended price, you may cancel the contract.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 10.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Deliveries, Title & Risk
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7 and in detail in our delivery policy document.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
7.5 We deliver products to addresses on the UK . If you are not on the UK mainland, please contact us prior to placing your order and we can explore your delivery options together.
7.6 Title in the products will remain with us until you have paid the price in full for the products. Until the title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
7.7 Risk in the products will pass to you when the products have come into your physical possession.
8. Distance contracts: cancellation right
8.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, a customer is allowed to return an item if they simply change their mind. This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 Your rights to cancel this contract and seek a refund are set out in our Returns Policy, which is available on our website and forms a part of these terms and conditions. Nothing in our returns policy affects your rights at law.
8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you (at the end of these terms and conditions). To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to MuscleSquad Limited, 11 Garamonde Drive, Wymbush, Milton Keynes, MK8 8DF) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
8.7 If the cancellation occurs after the shipment has been dispatched we have the right to deduct the return to sender costs from the refund.
8.8 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.9 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
8.10 You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to the supply of products which are sealed for health protection or hygiene reasons, if those products become unsealed after delivery.
9. Warranties and representations
9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
10. Limitations and exclusions of liability
10.1 Neither party may benefit from the limitations and exclusions set out in this clause 10 in respect of any liability arising from its deliberate default.
10.2 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.3 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5 This clause 10.5 applies only where you purchase a product as a business. Subject to clauses 10.1 and 10.2, but despite anything else to the contrary, to the maximum extent permitted by law:
(a) where you purchase a product as a business, neither party will be liable for any Consequential Loss. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise); and
(b) our aggregate liability for any liability arising from or in connection with these terms and conditions will be limited to us resupplying the products to you, or in our absolute discretion, to us repaying you the amount of the price paid by you to us in respect of the supply of the relevant products to which the liability relates.
10.6 This clause 10.6 applies only when you purchase a product as a consumer. Subject to clauses 10.1 and 10.2, but despite anything else to the contrary, to the maximum extent permitted by law:
(a) we only supply the products for domestic and private use. Where you are a consumer and you use the products for any commercial, business or re-sale purpose, we will have no liability to you for liability involving any loss of profit, loss of business, business interruption or loss of business opportunity;
(b) if either party fails to comply with these terms and conditions, neither party will be responsible for any losses that the other party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions.
10.7 Subject to clauses 10.1 and 10.2, but despite anything else to the contrary, to the maximum extent permitted by law:
(a) we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any works, services, goods, items, installations or fit out not provided by us as part of a product under these terms and conditions (including where you or any third party incorrectly assemble a product);
(b) a party’s liability for any liability under these terms and conditions will be reduced proportionately to the extent the relevant liability is causes or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss.
11. Intellectual Property
11.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
11.2 We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
11.3 You must not, without our prior written consent:
(a) copy (in whole or in part) any of Our Intellectual Property, or reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(b) breach any intellectual property rights connected with the Site or the products.
11.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
12. Consequences of order cancellation
12.1 If a contract under these terms and conditions is cancelled in accordance with Sections 8 or 11:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; and
(b) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 8, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.
13.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
14. No waivers
14.1 The failure of a party to enforce any provision of these terms and conditions or exercise any right under these terms and conditions will not operate as a waiver of that right.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Entire agreement
16.1 These terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
17. Law and jurisdiction
17.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
17.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts operating in England and Wales.
17.3 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complain, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
18. Statutory and regulatory disclosures
18.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
18.2 These terms and conditions are available in the English language only.
18.3 Our VAT number is 271304433.
18.4 The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.
19. Our details
19.1 This website is owned and operated by MuscleSquad Limited
19.2 We are registered in England and Wales under registration number 10714754, and our registered office is at MuscleSquad Limited, 11 Garamonde Drive, Milton Keynes, MK8 8DF.
19.3 Our principal place of business is at MuscleSquad Limited, 11 Garamonde Drive, Milton Keynes, MK8 8DF.
19.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact or live chat forms;
(c) by telephone, on 01296 254480
(d) by email, using firstname.lastname@example.org
20. Faulty Goods
20.1 Under the Consumer Rights Act 2015, you have an early right to reject products that are not of a satisfactory quality, not fit for purpose or not as described, and get a full refund within 30 days from the date you received the goods. If an item is faulty and needs to be returned, we will cover the costs of returning the products.
20.2 If your products are not of a satisfactory quality, not fit for purpose or not as described, and you don’t notify us of this within 30 days of your receipt of the products, we will only be required to repair or replace the products, in line with the Consumer Rights Act 2015.
In cooperation with Klarna Financial Services UK Limited, we may offer you the following payment options. Payment is to be made to Klarna:
(a) Pay Later 30
(b) Pay in 3 instalments
If you choose to make use of any payment options offered by Klarna, you must agree to Klarna’s user terms, which can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.