Terms & Conditions
This Focus & Burn site is owned by Savannah Collective Ltd t/a Performance Optimised (hereinafter, Performance Optimised) and registered in England under Registration No. 16500308, with a registered address at 85 Great Portland Street. London. W1W7LT and email address office@performance-optimised.com
Any purchase of goods from the site www.performance-optimised.com (hereafter, the Website) requires the customer to consult and accept these terms and conditions. The click confirming the order constitutes full acceptance of these terms and serves as the customer's "digital signature".
PURPOSE
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by Performance Optimised for the customer.
ORDER CONFIRMATION
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
PROOF OF TRANSACTION
The records stored in Performance Optimised computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties. Purchase orders and invoices are stored in a reliable, durable system and can be produced as evidence.
PRODUCT INFORMATION
Every effort has been made to ensure the accuracy of the information presented on the website. Performance Optimised or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where Performance Optimised was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
VALIDITY PERIOD OF OFFERS AND PRICES
Our offers and prices are valid for the day the site is consulted and are subject to change without notice. All prices on the website are inclusive of VAT, if applicable, and are shown at checkout for each product.
DELIVERY TERMS
Delivery charges on the website are subject to VAT depending on the country you select for delivery. The Channel Islands (Jersey and Guernsey) are exempt from VAT.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of any trace of damage (holes, signs of crushing, etc.) to the parcel and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made later for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, delays or losses of goods are possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse Performance Optimised, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes
MINIMUM AGE POLICY
All products state that they are 'Not suitable for persons under 16 years of age'. Any products containing the ingredients - creatine or caffeine clearly state that they are 'Not suitable for persons under 18 years of age’. This is clearly stated in the warning section on each product page and on the product's packaging.
RIGHT OF USE
The use of any trademarks, logos or brands present on the site is strictly forbidden.
FORCE MAJEURE
Neither party will be deemed to be in breach of any of its obligations under the agreement because of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognised by the British courts, a force majeure event includes (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, and impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
DATA PROTECTION
All personal data you provide us with is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
LOST OF DAMAGE IN TRANSIT
Performance Optimised will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to Performance Optimised and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by Performance Optimised or its representatives on request.
DELIVERY ERRORS
The customer must inform Performance Optimised immediately (on the same day or, at the latest, the first business day following delivery) of any claim of a delivery error or non-conformity of the goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time will be rejected.
All claims can be made in writing and sent via email to: office@performance-optimised.com
Any claim that does not respect the rules defined above cannot be considered and releases Performance Optimised of any responsibility to the customer.
In the case of a delivery error or exchange, all goods to be exchanged or refunded must be returned to Performance Optimised, whole, in their original packaging and in perfect condition, to Unit 76, Seymour Way, Sunbury-On-Thames, SUNBURY. TW16 7NJ.
For claims to be accepted, the customer must first make a declaration to Performance Optimised concerning any returns and receive Performance Optimised consent. If accepted, the customer will ship the package to the Performance Optimised distribution centre, which is Unit 76, Seymour Way, Sunbury-Upon-Thames, SUNBURY. TW16 7NJ.
Shipping fees shall be at Performance Optimised's expense, except where the goods do not correspond to the customer's original declaration for the order.
WARRANTY
As Performance Optimised products are consumable, no warranty period applies beyond the product’s stated “best before” or “use by” date. All products are, however, covered by statutory consumer rights, which require that goods are of satisfactory quality, fit for purpose, and as described at the time of delivery.
If a product is found to be defective before its “best before” date, customers are entitled to a refund or replacement. Our standard 30-day returns policy applies to all non-faulty goods.
RIGHT TO WITHDRAWAL/RETURNS POLICY
In accordance with the Consumer Contracts Regulations 2013, customers have a statutory right to a cooling-off period of fourteen (14) days from the date goods are received to cancel the contract and return goods at their own expense.
In addition to this statutory right, Performance Optimised offers customers up to thirty (30) days from the date of purchase to return goods for a refund or exchange, provided the goods are returned complete, unused, in perfect condition for resale, and in their original, undamaged packaging. Returns made after this 30-day period will not be eligible for a refund or exchange.
All returns must be notified in advance to our customer success team and sent using our Returns Form.
REFUNDS
If the customer exercises the right to withdraw before goods have been custom packed and prepared for shipping, they may request a full refund or exchange of goods.
If goods have already been shipped, the customer must return them at their own expense to receive a refund or exchange. In this case, Performance Optimised will not refund the original shipping costs.
If an exchange is requested, all shipping costs shall be the customer's responsibility.
Once returned goods have been received and inspected, Performance Optimised will make every effort to process the refund within 14 days.
PARTIAL INVALIDITY
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
NON-WAIVER
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
APPLICABLE LAW AND COMPETENT JURISDICTION
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on the website are deemed to constitute acceptance of Performance Optimised's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with Performance Optimised before proceeding with any legal action. In the event that such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.