1 Information on Us
1.1 The Website is operated by Rexcone Ltd (“Rexcone Ltd”, “we”, “us”, or “our”), a company registered in Scotland under company number GB08618112 and our registered office is at 45 Tower Street, Edinburgh, EH6 7BN. You can contact us by phone or email, and contact details are provided on our contact page.
2 Terms and conditions of Website Use and Product Supply
2.1 This page (together with any documents referred to on it) sets out the terms and conditions (“Terms”) on which you:
(a) make use of the website www.fattbar.com (the “Website”) ;
(b) may register with us and/or order the products to be supplied by us (“Products”).
2.3 You should print a copy of these Terms.
3 Service Provision
3.1 We make no representation as to the availability of the Website or your ability to access it. We will not be liable for any loss of any nature resulting from the unavailability of the Website. The Website is only intended for use by people in the UK and Ireland the EU. We do not accept orders from individuals outside these countries currently.
4 Your Status
4.1 By registering with us either by buying product from our website or registering with our website, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c) You are a resident of the UK or Ireland.
5 Intellectual Property
5.1 The content of the Website is protected by copyright, trademarks, database and other intellectual property rights.
5.2 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
5.3 You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website without expressed written permission from us.
5.4 No licence is granted to you in these Terms to use any of our trademarks or those of any affiliated companies.
6 Third Party Websites and Advertising
6.1 The Website may include links to other websites which are beyond our control. We are not responsible for any content on the Internet or pages on any other website or publication outside the Website.
6.2 Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes and we will not be responsible for any error or inaccuracy in advertising and sponsorship material.
7 Orders and Contractual Conclusion
7.1 Your purchase on the Website or the payment of any sum constitutes an offer by you to us to register you order of Products. We will send you an e-mail which states that we confirm the receipt of your request for purchase of Products. The email will specify the order for Products that you have made as part of your registration, but this does not constitute an acceptance of your offer. Your offer to us is accepted and a contract is concluded with us on dispatch of your order.
7.2 In the event of orders made by telephone the purchase contract shall be concluded upon acceptance of your payment to us.
8 Delivery Terms and Conditions
8.1 Provided that nothing to the contrary has been agreed upon between the parties, the delivery shall be made to the delivery address specified by you. It is agreed that any one located at the delivery address is entitled to accept the delivery. The recipient shall document successful receipt of the goods through his or her signature.
8.2 Is a delivery to you is not possible because no one is available for signature our courier company is prepared to leave the Products at a place specified by you or the Products will be held at the offices of our delivery agents for up to 5 days for collection or you may re-arrange delivery on one further occasion at a more convenient time.
8.3 In the event that the goods are delivered but not signed for or are not delivered due to lack of signature or failure to collect we shall not be liable for:
(a) any further deliveries; or
(b) any refund of any monies paid for the order. Your legal claims shall remain unaffected.
8.4 We will endeavour to ship ordered Products to the designated delivery address in accordance with the timescales we set out in the Website. Rexcone Ltd shall be liable for the fault of its vicarious agents in the event of gross negligence or intentional wrongdoing upon the part of the vicarious agent.
9 Right to Return and Right to Cancel
9.1 You may only return Products that are faulty or defective. You shall be obliged to make the return shipment at your own risk and cost (which may be refunded later if the return is determined to be for valid reasons). The return shipment of the goods must be made to:
45 Tower Street
9.2 The goods sent and delivered to the address by Rexcone Ltd must be in the original, unopened packaging and be noted with the original invoice number provided in the ‘shipping document’.
9.3 We will examine the returned Product and notify you of your refund within a reasonable period of time. Products returned by you because of defect will be refunded in full, including a refund of the delivery charge for sending the Product to you.
9.4 This amount will be returned by means of a money order, bank transfer, or credit/debit card credit to be determined by Rexcone Ltd. This transaction will occur no later than within 60 days after the physical receipt of the returned goods.
9.6 Rexcone Ltd shall accept only the methods of payment offered at the time of purchase, i.e. payment per credit card or debit card. Rexcone Ltd will be entitled to deduct the cost of any returns against the refund sum.
9.7 You may cancel your order and return your goods purchased within 7 days of making your purchase but in such circumstances you must not open or tamper with the products. They must be returned to our offices within a further 7 day period. Please note we will notify you on receipt of the returned goods and make a physical inspection within 7 days or receipt. If you wish to cancel the costs of delivery of the cancelled goods to our office will not be refunded but our refund will include to cost of delivery to you.
10 Liability for Defects, Complaints and Warranties
10.1 Although we will use reasonable skill and care in providing the Website and Products we give no other warranties or guarantees in relation to the Website. You must bear the risks associated with the use of the Internet.
10.2 The Website provides content from other Internet sites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.
10.3We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct the inaccuracies as soon as we reasonably can.
10.4 In particular, we disclaim all liabilities in connection with the following:
(a) incompatibility of the Website with any of your equipment, software of telecommunications links;
(b) technical problems including errors and or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; or
(c) any inadequacy of the Website to meet your requirements.
10.5 You agree that we will not be liable to you for any losses related to any business interested that you have, such as lost data, lost profits or business interruption or for any consequential losses of any description that you may suffer.
10.6 Nothing in these Terms shall exclude our liability for personal injury or death caused by our negligence.
10.7 If the purchased Product is found to be defective upon delivery, Rexcone Ltd should be notified immediately. The return of any defective Products should adhere to the returns policy noted above. The assignment of these claims by you is excluded. A complaint cannot be asserted if the defect was created due to improper use or storage of the goods on your part. We shall not be liable for defects which have been caused by force majeure or by your own actions.
10.8 If you do not submit the complaint in a prompt manner (during the complaint/warranty period), then it shall have no claim to a positive handling of the complaint. Liability for damage compensation is excluded. In particular, Rexcone Ltd shall not be liable for damages which are not upon the delivered object itself.
10.9 Information and charts on the online shop regarding price lists and other price information are for purely informational purposes and do not constitute commitments upon the part of Rexcone Ltd. Product illustrations are sometimes model illustrations and may deviate from the Products which are ordered/supplied.
11 Collection, Registration, Processing, Usage and Protection of Personal Data
11.2 Because we have the delivery of the Products undertaken by an external delivery company, we must pass on information about the delivery address and the recipients to use this company you hereby grant your consent to this when the order is made. You shall be entitled to withdraw this consent at any time with effectiveness for the future. Rexcone Ltd shall be obligated to make immediate deletion of the personal data unless an ordering process has not yet been completed.
12 Final Provisions, Legal Venue, Applicable Law and Miscellaneous
12.1 We may update these Terms from time to time and reserve the right to do so without any prior notification. You should periodically review them for changes, although where possible we will try to bring any changes to your attention by email and/or by putting a notice on the Website. If you continue to use the Website after the date on which any changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website.
12.2 The invalidity of one or more of the agreed-upon terms and conditions shall not affect the legal validity of the remaining provisions. The statutory provisions shall apply in the event of invalidity.
12.3 In the event that a certain article should not be able to be delivered, we shall be obliged to notify you of such non-availability before accepting the order.
12.4 By means of you making a purchase or registering with the Website, you declare your agreement with these General Business Terms and Conditions.
12.5 THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
12.6 These Terms and Conditions may change from time to time.
13 Governing Law and Jurisdiction
13.1 These Terms shall be governed by and construed with in accordance with the laws of Scotland and any disputes will be decided exclusively by the Scottish courts.