Terms of Business
Descriptions
The Seller - POW! Performance Gear a division of Mighty Markiter Ltd.
The Buyer - An individual and/or any company the individual may represent be it either sole trader, partnership, limited company or plc; any other third party individual(s) or body(s) the individual may represent formally in writing or informally; verbally.
Product or Goods - Items sold by The Seller via the website www.powperformancegear.com; advertising, brochures, retail outlets, gyms, health clubs and/or rehabilitation centres and any third party that The Seller acknowledges.
- 1. Terms & Conditions of Sale
- 1.1 It is advised to read the following terms and conditions of sale should The Buyer wish to make a purchase with The Seller. Above all else; upon acceptance with The Buyers order that The Seller confirms; The Buyer acknowledges and agrees to The Sellers terms and conditions in full.
- 1.2 The Seller has a binding contract with The Buyer once The Buyers order has been accepted, processed and dispatched to The Buyers confirmed delivery address.
- 1.3 At any time The Seller has the right to process and refuse the sale of any goods to The Buyer at The Sellers discretion.
- 2. Images, Description of Products & Pricing
- 2.1 All images provided by The Seller represent a visual descriptive aid for The Buyer and is not to be deemed as being accurate.
- 2.2 All descriptive printed text information provided by The Seller for The Buyer gives either or both approximate description of the product being described and approximate dimensions if mentioned at all which may include purpose of use.
- 2.3 The price printed against any one product by The Seller in a brochure, ad or website or other forms of communicating the price is to be paid in full by The Buyer for the transaction to be completed and point 1.2 to take effect.
- 3. Payment
- 3.1 The Seller currently accepts payment by Master Card, Visa, Electron Maestro, Solo, bank transfer, bankers draft, personal cheque once the funds have been cleared in The Sellers business account and postal order.
- 3.2 All orders placed by The Buyer must include a contact telephone number and the exact deliver address.
- 3.3 Once Points 3.1 and 3.2 have been confirmed and authorised by The Seller all products will be dispatched.
- 4. Delivery of Products
- 4.1 The Seller is responsible of the delivery of products ordered by The Buyer. Any mentioned delivery times are an estimate time frame as indicated by the courier or postal service and are to be kept to the mentioned delivery time as indicated except for what may be accepted as unforeseen circumstances by The Seller. In this instance The Seller will not be held responsible or liable.
- 4.2 Orders under the value of £50 (fifty pounds sterling) will incur a postal delivery charge of £3.50. This fee covers the cost of delivery and processing.
- 4.3 For The Buyer to avoid any additional delivery charges; it is for The Buyer to ensure that either they (The Buyer) or a third party that can represent The Buyer is present when the delivery is due.
- 4.4 If for any reason point 4.3 is not fulfilled when an attempt to deliver is made with neither The Buyer or representative present; The Buyer will incur a further fee of at least £8.00 for the delivery to be directed back to The Seller and redirected to The Buyers confirmed address or as charged by the courier or postal service.
- 4.5 Prior to redelivery to The Buyer 4.4 must be settled.
- 4.6 Should Point 4.4.occur on more than one occasion any further delivery charges will be applied by the discretion of The Seller.
- 4.7 Any mentioned delivery times that are not met including loss or damage; The Seller will not be liable.
- 5. Damaged Items
- 5.1 Any damage to items ordered by The Buyer must be logged to The Seller's attention within 48 hours of receipt of goods. If any damage is identified by The Buyer after the mentioned time frame The Seller is not obliged to accept the damaged goods back, however this is at the discretion of The Seller.
- 5.2 Should Point 5.1 occur and is exercised as mentioned within the time frame; The Buyer must return the items including all packaging so that the evidence is validated by The Seller or the courier or postal service if it appears that they were damage in transit. If this is the case The Seller can claim via insurance.
- 5.3 If for any reason the goods in question have been opened The Seller will take this as an acceptance of the goods from The Buyer. In this case The Buyer cannot claim a refund against the goods which The Buyer may view as damaged.
- 5.4 Should The Buyer use the items and then wish to return them and claim a refund; this will not be accepted by The Seller.
- 6. Incorrect Quantity
- 6.1 Upon receipt of delivery The Buyer must check and sign the necessary paperwork held by the delivery driver which confirms the number of items ordered.
- 6.2 If for any reason; once the driver has left The Buyers delivery address, The Buyer determines that the correct number of items have not been received yet was signed for; The Buyer must notify The Seller within 48 hours.
- 6.3 Any decision will be made upon an investigation where upon doing so The Buyer will be notified of The Sellers decision.
- 7. Incorrect Goods
- 7.1 If, for any reason what-so-ever the wrong goods have been delivered and accepted by The Buyer; it is The Buyers responsibility to notify The Seller within 48 hours.
- 7.2 In the instance of Point 7.1 arising; The Buyer must not break open the packaging and make use of the goods or inspect them what-so-ever.
- 7.3 The Seller will arrange for the goods to be redelivered back to him and The Buyer will receive the goods as per ordered once The Seller determines all has been satisfied with the incorrect goods.
- 8. Undelivered-Delivery
- 8.1 The Seller is not liable for goods that are not delivered to The Buyer within 5 working days of the delivery date
- 8.2 The Seller is not liable for loss or damage of goods in transit as a result of Point 8.1 The Buyer must retain a copy and/or information confirming there respective order.
- 8.3 If The Seller is notified beyond the mentioned time scale in Point 8 resolution will be determined by The Buyer and The Seller mutually.
- 9. Unwanted Goods
- 9.1 The Seller will accept any goods The Buyer may not want as long as those unwanted items are returned in the same condition as they were sent to The Buyer including the packaging being completely in tacked, unbroken and the item(s) in place.
- 9.2 Once received by The Seller in a 'new' or as same condition The Seller delivered the goods to The Buyer; a full refund will be issued less delivery cost.
- 9.3 Any refunds issued by The Seller to The Buyer will be issued by using the same method of payment that The Buyer made. Furthermore all refunds are issued within 5 working days from date of receipt back to The Seller.
- 10. Authorised Dealership/Wholesale Business Account
- 10.1 An authorised dealership account applies to The Buyer that may want to sell on POW!'s current products to a client base The Buyer is seeking to establish or an already existing client base and wish to purchase POW!'s goods at a discount only available once a dealership business account is successfully opened.
- 10.2 The Buyer may open a dealership business account with The Seller by completing the registration form in full including providing 1 photo ID and 2 credit references.
- 10.3 Upon Point 10.2 being satisfied by The Seller The Buyer must place a minimum quarterly order of £200.00 +vat with The Seller during the first year of the dealership business account being opened. This will enable The Buyer to benefit from the current discounted pricing structure at the time.
- 10.4 The first 3 orders placed with The Seller must be settled in full prior delivery and before alternative arrangements are mutually agreed i.e. staggered payments and full settlement prior to the next placed order.
- 10.5 Should Point 10.3 and/or Point 10.4 not occur; all previous purchases The Buyer made with there dealership account will no longer apply. The Buyer will settle these previous purchases by paying the difference between the then discount price and the current recommended retail price to The Buyer.
- 10.6 Any late payments by The Buyer will incur loss of any discount that was available to The Buyer when the order was placed.
- 10.7 Should Point 10.6 occur The Sell may apply compound monthly interest @ 3% per month until settled in full.
- 10.8 Should The Seller pass the outstanding debt on to a third party agency to recover the monies due The Buyer will be liable to settle any charges applied by the agency.
- 10.9 The Seller may temporarily or permanently withdraw The Buyers dealership business account or close it at any time.
- 10.10 Cheques that are either dishonoured by The Buyer to The Seller or are represented will incur a £5.00 charge from The Seller as well as any charges applied from the bank.
- 10.11 Dealership accounts that are not maintained in the correct manor by The Buyer; The Seller may temporarily withdraw The Buyers dealership account or close it at any time.
- 11. Dealership/Wholesale Pricing
- 11.1 Prior to The Buyer benefiting to the pricing discounts they must first meet Point 10.2.
- 11.2 Upon The Buyer meeting Point 10.2 all POW! discounts apply that are current at the time. The discounted pricing structure may be requested by potential POW! dealer prior to registration.
- 11.3 Regular orders placed with The Seller every 4 - 6 weeks over the value of £200 +vat automatically qualifies The Buyer to receiving a 5% discount plus additional dealership discounts The Buyer may qualify for.
- 11.4 Any discounted pricing structure is subject to alteration by The Seller.
- 12. Dealership/Wholesale Delivery
- 12.1 Delivery is free when The Buyer places an order with The Seller over the value of £400.00. Orders below £400.00; a £15.00 delivery charge will apply
- 12.2 Upon an order being accepted by The Seller from The Buyer delivery will be made within an 8 week time frame if ordered directly from The Sellers manufacturer abroad. In all other cases delivery will be between 3 - 5 working days.
- 13. Contract Manufacturing
- 13.1 Point 13 applies to The Buyer that would like to establish there own named brand of health and fitness accessories similar to or same as POW's existing line of products.
- 13.2 Manufacturing times, minimum order, pricing and delivery of the finished products vary from each contract manufacturing project and will be agreed between The Buyer and The Seller on a per contract manufacturing basis.
- 13.3 Points 10.3, 10.4, 10.5, 10.6 and 10.8 apply to 13.1.
- 14. Other
- 14.1 Any goods that are advertised for sale by The Seller are to be translated by The Buyer as subject to availability and change of price(s). However The Seller may withdraw these goods at any time.
All the mentioned Terms and Conditions will be enforced by English Law.