General:
1. By placing an order with us online you agree to be bound by these terms and conditions (“Conditionsâ€) which shall apply to all items advertised on and purchased via our website at www.powerbar.co.uk (the “Websiteâ€). Unless agreed in writing between us no other terms and conditions shall apply. Please read these Conditions carefully and click on the button marked “I accept†at the end of them if you accept. You should print a copy of these Conditions for future reference. If you do not accept them, you will not be able to order item/s from the Website.
2. The Website is operated by us, Powerbar Europe GmbH of Zielstattstr. 42, 81379 Munich, Germany and German VAT registration number is DE 813135997.
3. The products indicated as for sale on the Website (the “Productsâ€) are available for sale for delivery to locations in the UK, the Isle of Man and the Channel Islands (the “UKâ€) at the pounds sterling prices indicated. The prices include VAT. The cost for postage, packaging and delivery to locations in the UK for the various items available is stated on the Website, which cost shall be additional to the price and is payable by you. The Website specifies the various delivery options available.
4. We will try to keep our Website up to date but details may change or Products may be unavailable from time to time. We will honour the price and delivery costs stated on our Website as at the date of your order and any changes as to availability and/or product specification will be confirmed to you at the time of our order confirmation (see further at condition 9 below).
5. Registration:
a. The purchase of Products from the Website is conditional upon registration and opening a personal account. The information requested as part of this registration process must be provided by you accurately and in full. Should any change to the information given occur following registration, you must let us know, so we can update our records.
b. The personal password selected by you at the time of registration must be kept strictly confidential and must not be communicated to any third party. You shall be responsible for any transactions that may be made on the website using this password.
6. By placing an order through the Website you warrant and represent that:
a. You are legally capable of entering into binding agreements; and
b. You are over 18 years of age.
7. Payments may be made by the following credit cards: Visa or MasterCard. We will charge your credit card one day after the Product(s) have been dispatched.
8. An order placed by you is an offer and is only binding on us when we accept it. We will confirm receipt of the order to you as soon as reasonably possible but such confirmation of receipt shall not under any circumstances constitute a confirmation of order.
9. As soon as reasonably practicable following our email described in condition 8 above, we will send you a separate order confirmation, similarly by email, at which point a contract between us will be formed. This confirmation email will contain details as to availability and product specification. If the Product(s) you have selected is/are unavailable, item/s of equal or higher value or a full refund will be offered.
10. We reserve the right to decline orders and to fix limits on orders.
11. You may cancel your order at any time up to 14 working days of receipt of the Product(s) by writing to the address set out below. Alternatively you may send us an email to the following address: shopsupport@powerbar.de. If you decided to cancel your order of the Product(s) after we have dispatched it/them to you, you will need to return it/them to us in an undamaged condition at your expense to the address below. Upon doing this the customer will be fully refunded This provision does not affect your statutory rights.
Order cancellation address :
Powerbar Europe GmbH
Schleefstr. 237
44287 Dortmund
Germany
E-Mail shopsupport@powerbar.de
Internet www.powerbar.eu
The Product(s) themselves are to be returned to:
Powerbar Europe GmbH
Schleefstr. 237
44287 Dortmund
Germany
12. Delivery, risk and title
a. Deliveries are made within 4 working days of our confirmation of the order described in condition 9 above. You will be advised, most likely by email as soon as practicable of any delays in delivery and corresponding delivery periods.
b. Unless otherwise agreed, delivery will be made to the UK delivery address specified by you in your order.
c. We shall bear the risk of loss or damage of or to Products up to the point when the goods are delivered to the UK address specified by you, whereupon the risk of loss or damage is transferred to you. To the extent permissible under law, we shall not have liability for any orders lost, damaged or delayed through the post or courier service where there is no fault on our part.
d. Title in the Product(s) shall remain with us until we have received cleared payment in full. Accordingly before title has passed to you, you may not sell or otherwise dispose of any of the Products without our specific written approval.
13. Difficulties in delivery
If, on two occasions, it is found that a delivery cannot be made to you for reasons beyond our control or if you fail to collect such delivery following appropriate notification, we reserve the right to cancel the order, withdraw from the contract and refund any amounts that have already been collected by way of payment.
14. Returns
a. Special offers at special prices (as indicated as such on our Website) can only be returned in their entirety.
b. Where Product(s) are to be returned by parcel post you must pack the Product(s) in a way that ensures their protection against typical transport risks. Wherever possible we recommend that you use the original product packaging for returning Product(s).
c. In order to simplify the returns process we have attached a returns sticker to the shipment. It is your choice whether you use this sticker or not.
15. Save in respect of death or personal injury caused by our negligence, to the extent permitted under law our liability shall be limited to the purchase price of the Product in question.
16. Data Protection
We collect customer data within the framework of our contract processing activities and we take all necessary steps to ensure that the personal data made available by customers is protected and that the applicable data protection regulations, both national and European, are complied with at all times. Please see our privacy policy at http://www.nestle.com/Common/Footer/Privacy.htm or these can be forwarded to you on request. Save in relation to the necessary sharing of certain data with relevant third party contractors responsible for delivery of Products to you and processing your payment, we will not transfer your data to any entity outside the Nestlé group.
17. Applicable laws require that certain communications should be in writing. You agree that we may communicate with you by email, by posting notices on the Website or by writing to you at your postal address and accept (without affecting your statutory rights) that such communications comply with any legal requirements for any communications to be in writing.
18. Other than notices under condition 11 above, all notices given by you must be sent by post to the address in condition 2.
19. Notices will be deemed received and properly served immediately when posted in the Website, 24 hours after an email is sent or three days after the date of posting of any letter.
20. We have the right to amend these Conditions from time to time. You will be subject to the terms and conditions in force at the time that you place on order, unless any change to such terms and conditions is required by law or government authority.
21. Our agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.