Terms & Conditions of Sale

  1. Introduction

    1. These Terms & Conditions of Sale govern the sale and purchase of products through our website.
    2. By placing an order through our website, you agree to be bound by these Terms & Conditions of Sale.
    3. These Terms & Conditions of Sale should be read together with our Privacy & Cookies Policy, Delivery & Returns Policy and Terms & Conditions of Use.
    4. Nothing in these Terms & Conditions of Sale limits or excludes any statutory rights available to consumers under applicable law.

  2. Interpretation and Definitions

    1. In these Terms & Conditions of Sale:
      1. “we”, “us” and “our” refer to Hustle for that Muscle, a sole trader business operated by Yvonne Stark;
      2. “you” and “your” refer to the customer placing an order through our website;
      3. “website” means www.hustleforthatmuscle.org.uk;
      4. “products” means goods or items made available for sale through our website; and
      5. “working day” means any weekday excluding public holidays in Scotland.

  3. Basis of Contract

    1. The advertising of products on our website constitutes an invitation to treat and not a contractual offer.
    2. An order submitted through our website shall constitute an offer to purchase products.
    3. No contract shall come into force unless and until we accept your order.
    4. Acceptance of an order may occur when we issue an order confirmation, dispatch products or otherwise confirm acceptance.
    5. We reserve the right to refuse, suspend or cancel any order at our reasonable discretion.
    6. You are responsible for reviewing your order carefully before submission.
    7. You will usually have the opportunity to identify and correct input errors before submitting an order.

  4. Products and Product Information

    1. Product descriptions, specifications, images and pricing information are published for general informational purposes only.
    2. Product images, illustrations, colours and packaging may vary from the actual products supplied.
    3. Product availability may change without notice.
    4. We reserve the right to amend, discontinue or alter products, pricing, specifications or packaging at any time.
    5. You are responsible for ensuring that products are suitable for your intended use prior to placing an order.
    6. Products manufactured, prepared or sourced specifically to order may require additional processing or dispatch time.

  5. Pricing

    1. Prices displayed on our website are stated in Pounds Sterling (GBP).
    2. Where applicable, VAT and other taxes may be included within displayed pricing as indicated on our website.
    3. Delivery charges and additional fees, where applicable, will usually be displayed during the checkout process.
    4. We reserve the right to amend pricing at any time, although changes shall not affect orders already accepted.
    5. We make reasonable efforts to ensure pricing accuracy, however errors may occasionally occur.
    6. Where a pricing error is identified, we reserve the right to cancel the affected order and provide a refund where payment has already been made.
    7. Promotional offers, discounts and voucher codes may be subject to additional terms and conditions.

  6. Payments

    1. Payment must usually be made at the time an order is placed.
    2. We may make available various payment methods through our website.
    3. All payments are subject to authorisation, verification and fraud prevention checks.
    4. We reserve the right to refuse, suspend or cancel orders where payment authorisation cannot be obtained or where we reasonably suspect fraudulent activity or unauthorised transactions.
    5. We shall not be responsible for delays caused by payment providers, banking systems or fraud prevention procedures.

  7. Orders

    1. You are responsible for ensuring that all order details submitted are accurate and complete.
    2. Amendments or cancellations requested after an order has been submitted may not always be possible.
    3. We reserve the right to limit quantities purchased or refuse unusually large orders.
    4. Where products become unavailable after an order has been placed, we may cancel the affected part of the order and issue an appropriate refund.
    5. We may contact you using the details supplied in connection with your order.

  8. Delivery

    1. Information relating to delivery methods, delivery areas, estimated delivery periods and delivery charges is set out in our Delivery & Returns Policy.
    2. Delivery and dispatch estimates are indicative only and are not guaranteed unless expressly stated otherwise.
    3. We may deliver products in instalments or separate consignments where reasonably necessary.
    4. Delivery availability may vary depending upon product type, location and operational limitations.

  9. Consumer Cancellation Rights

    1. Consumers may have statutory cancellation rights in relation to certain orders.
    2. Information relating to cancellations, returns, exemptions and refunds is set out in our Delivery & Returns Policy.
    3. Certain products may be excluded from cancellation or return rights in accordance with applicable law.

  10. Faulty, Damaged or Incorrect Products

    1. If products supplied are faulty, damaged or incorrect, you should notify us as soon as reasonably possible.
    2. Information relating to returns, replacements, repairs and refunds is set out in our Delivery & Returns Policy.
    3. Nothing in these Terms & Conditions of Sale limits or excludes any statutory rights available to consumers.
    4. Nothing in these Terms & Conditions of Sale affects your statutory rights relating to products which are faulty, not as described or not of satisfactory quality.

  11. Risk and Ownership

    1. Risk in products shall pass to you upon delivery to the delivery address specified in the order.
    2. Ownership of products shall not pass to you until full payment has been received in cleared funds.
    3. Until ownership has passed to you, we reserve the right to recover products where payment obligations have not been fulfilled.

  12. Intellectual Property

    1. All intellectual property rights in our website, branding, product imagery, content and materials are owned by us or our licensors.
    2. You must not reproduce, distribute, exploit or use any content from our website without prior written permission.
    3. Product names, logos and branding belonging to third parties remain the property of their respective owners.

  13. Liability and Disclaimers

    1. Nothing in these Terms & Conditions of Sale shall limit or exclude any liability which cannot lawfully be limited or excluded.
    2. Subject to Section 13.1, we shall not be liable for indirect, incidental or consequential losses.
    3. Subject to Section 13.1, we shall not be liable for business losses including loss of profits, revenue, contracts, goodwill or commercial opportunities.
    4. We shall not be responsible for delays or failures caused by events outside our reasonable control.
    5. We make no guarantee that our website will always be available, uninterrupted or error free.
    6. To the maximum extent permitted by law, all warranties and representations not expressly stated in these Terms & Conditions of Sale are excluded.

  14. Indemnity

    1. You agree to indemnify and hold us harmless against liabilities, losses, damages, costs and expenses arising from your breach of these Terms & Conditions of Sale or misuse of our website.

  15. Privacy and Data Protection

    1. We process personal data in accordance with our Privacy & Cookies Policy.
    2. Information submitted in connection with orders may be processed by payment providers, delivery providers and related service providers where reasonably necessary to fulfil orders and operate our business.

  16. Third Party Services and Links

    1. We use third party payment providers, delivery providers and related services in connection with our website and order fulfilment.
    2. We are not responsible for third party websites, systems or services beyond our reasonable control.
    3. External websites linked from our website are provided for convenience only.

  17. Changes to Products, Services and Terms

    1. We reserve the right to update, amend or discontinue products, pricing, services or website content at any time.
    2. We may revise these Terms & Conditions of Sale from time to time by publishing an updated version on our website.
    3. Revised terms shall apply to orders placed after the date of publication.

  18. Assignment

    1. We may assign, transfer or otherwise deal with our rights and obligations under these Terms & Conditions of Sale.
    2. You may not assign, transfer or otherwise deal with your rights or obligations under these Terms & Conditions of Sale without our prior written consent.

  19. Severability

    1. If any provision of these Terms & Conditions of Sale is determined to be unlawful or unenforceable, the remaining provisions shall continue in effect.
    2. Where part of a provision can be severed to make the remainder enforceable, that provision shall be interpreted accordingly.

  20. Waiver

    1. No failure or delay by us in exercising any right under these Terms & Conditions of Sale shall constitute a waiver of that right.

  21. Third Party Rights

    1. These Terms & Conditions of Sale are intended for the benefit of you and us only and are not enforceable by any third party.

  22. Entire Agreement

    1. These Terms & Conditions of Sale, together with our Privacy & Cookies Policy and Delivery & Returns Policy, constitute the entire agreement between you and us relating to the sale and purchase of products through our website.
    2. Nothing in this Section 22 limits or excludes any statutory rights available to consumers.

  23. Law and Jurisdiction

    1. These Terms & Conditions of Sale shall be governed by and construed in accordance with Scottish law.
    2. Any disputes relating to these Terms & Conditions of Sale shall be subject to the exclusive jurisdiction of the courts of Scotland.

  24. Contact Details

    1. These Terms & Conditions of Sale apply to products supplied by Hustle for that Muscle, a sole trader business operated by Yvonne Stark.
    2. Our principal place of business is 26 Gayne Drive, Glenboig, ML5 2RJ.
    3. You may contact us by email at support@hustleforthatmuscle.org.uk or using the contact details published on our website.
    4. Where applicable, additional company, tax or regulatory information may be published on our website.