Terms of Sale

We always go the “extra mile” and have a reputation for exceptional customer service. If you are at all unhappy, then please contact us and we will see what we can do to help. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Information about us

The seller of these products is AB Sports Nutrition, a division of ABF Grain Products Limited, company number 00079590 whose registered office is Weston Centre, 10 Grosvenor Street, London, W1K 4QY and whose trading address is Sea View Way, Brighton, BN2 6NT, telephone number is +44 (0) 1273 303817 and e-mail address is info@highfive.co.uk. Our VAT number is GB 385 817 607.

How the Contract is formed between you and us 

These are the terms and conditions on which we supply products to you. Please ensure that you read these terms and conditions carefully, and check that the details on your order are complete and accurate, before you submit the order.

Your order constitutes an offer to us to buy a product. After you place an order, you will receive an e-mail from us acknowledging that we have received your order and giving you an Order ID. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an email that confirms that your order has been dispatched (“Dispatch Confirmation”). If we are unable to supply you with the products, we will inform you of this and we will not process your order. When we send you the Dispatch Confirmation the contract between us (“Contract”) will be formed and these terms and conditions will then become binding on you and us.

The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the order of such products has been confirmed in a separate Dispatch Confirmation.

Your use of our site is governed by our Terms of Website Use. We will only use your personal information in accordance with our Privacy Policy and Cookies Policy. Please take the time to read these, as they include important terms which apply to you.

Cancellations and Returns

We are committed to providing the highest quality products and service to our customers. However, on rare occasions, products may be found to be in some way defective or unwanted. In keeping with our commitment to providing you with excellent service, we offer the following by way of cancellation and returns.

Right to Cancel

You have the right to cancel your order within 14 days from the date on which the products are delivered to you without giving any reason (“Cooling-off Period”).

You can cancel your order during the Cooling-off Period by notifying us in writing (by email to info@highfive.co.uk or by post) and stating clearly that you wish to cancel your order and returning the products supplied, to: HIGH5, Sea View Way, Brighton, BN2 6NT, without undue delay, and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. You will bear the costs of returning the products to us.

For ease, you may wish to use the Model Cancellation Form set out in Schedule A at the end of these terms and conditions but you do not have to.

To meet the cancellation deadline, it is sufficient for you to send your communication setting out your wish to cancel before the cancellation period has expired.

Effect of Cancellation

If you cancel your order in accordance with these terms and conditions, we will reimburse to you all payments received by you (including, if applicable, the costs of delivery except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) in respect of the returned products.

We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you. Unnecessary handling is any handling over and above what is necessary to establish the nature, characteristics and functionality of the products (i.e. what you would do in a shop to inspect the products prior to purchase).

Please note that we may withhold reimbursement until we have received the products back or you have supplied evidence of having sent the products back, whichever is the earliest. We will then reimburse you within 14 calendar days of the earlier of these two events using the same means of payment used for the initial transaction, unless you have agreed otherwise.

We may have to cancel an order before the products are delivered due to an event outside our control or the unavailability of stock. We will promptly contact you if this happens. If we have to cancel an order and you have made any payment in advance for products that have not been delivered to you, we will refund these amounts to you.

Return of faulty goods

We are under a legal obligation to supply products that conform with the Contract. Therefore, if the products delivered are not of satisfactory quality or do not conform to the description provided or any other terms set out herein upon delivery, you may cancel the contract and obtain a full refund (including a refund of the delivery charges for sending the items to you and the cost incurred by you in returning the item to us) within 30 days of the date of purchase by returning the products to us at: HIGH5, Sea View Way, Brighton, BN2 6NT.

We will not refund products which have been opened or tampered with or which have been consumed in whole or in part (unless the products are defective and such defect was only apparent on opening of the product). It is your responsibility to ensure products are returned in suitable packaging, we will make a deduction from the reimbursement of any items returned damaged if they are not suitably packaged.

Delivery

Our terms for delivery, including delivery costs, are set out on our Delivery & Returns Page.

Delivery of an order shall be completed when we deliver the product(s) to the address you gave us and the products will be your responsibility from that time. You own the products once we have received payment in full, including all applicable delivery charges.

Occasionally our delivery to you may be affected by an event outside our reasonable control. If this happens we will notify you as soon as reasonably possible and our obligations under these terms and conditions shall be suspended for the duration of such event until we have arranged a new delivery date with you once such event is over.

Products

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours or the printed pictures accurately reflect the colour of the products. The product(s) you receive may vary slightly from those images. The packaging of the products may vary from that shown on images on our site.

Prices

The prices of the products will be as quoted on our site at the time you submit your order.

Prices for our products may change from time to time, but changes will not affect any order you have already placed. Although every care is taken in the quality of content on our site, there may occasionally be an error and items may be mis-priced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply products at the incorrect price.

The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order and you can also view them on the Delivery and Returns section of the website.

How to Pay

You can pay for your online order using Visa, Visa Debit, Maestro, MasterCard and American Express.

Payment for products and all applicable delivery charges is in advance. Payment will be taken when you place your order.

Promotional Product Offers

Promotional product offers including, without limitation, , that are made available on our website will be subject to the terms below and any specific terms accompanying the promotion in question. In the event of any conflict between the specific promotion terms and the terms below, the specific promotion terms shall prevail.

  • Promotional offers will only be valid for the products and the limited period specified in the specific terms of the promotion.
  • All clearance items are excluded from all promotional offers unless otherwise stated in the specific promotion terms. From time to time other products may be excluded and any such further exclusion will be notified to you along with the promotion. Excluded products will not count towards any qualifying conditions for promotions and will not benefit from any promotional discount.
  • Where a minimum spend is required for a promotional offer, only qualifying products (as communicated to you at the time of the promotional offer and as set out in these terms) will count. Excluded products and supplementary charges, such as delivery charges and postage and packaging, will not count towards any minimum spend requirements.
  • Where a promotional offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchase will be reduced by the stated discount. Excluded products and supplementary charges, such as delivery charges and postage and packaging, will not be discounted unless specifically stated otherwise in the specific promotion terms.
  • Any promotional offer and/or discount code cannot be used in conjunction with any other promotional offer and/or discount code.
  • For any multibuy offers (e.g. “buy one get one free”), the cheapest product will be offered free.
  • Only promotional offers (including any qualifying free product or added value offers) appearing in your online basket on check-out will apply – get in touch if you think you’ve qualified for an offer but it hasn’t appeared in your basket.
  • All promotional offers will be subject to availability and while stocks last.
  • We reserve the right to modify or discontinue, temporarily or permanently, any promotional offer without prior notice.
  • Where a minimum spend is required for a promotional offer, only qualifying products (as communicated to you at the time of the promotional offer and as set out in these terms) will count. Excluded products and supplementary charges, such as delivery charges and postage and packaging, will not count towards any minimum spend requirements.
  • Where a promotional offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchase will be reduced by the stated discount. Excluded products and supplementary charges, such as delivery charges and postage and packaging, will not be discounted unless specifically stated otherwise in the specific promotion terms.
  • Any promotional offer and/or discount code cannot be used in conjunction with any other promotional offer and/or discount code.
  • For any multibuy offers (e.g. “buy one get one free”), the cheapest product will be offered free.
  • Only promotional offers (including any qualifying free product or added value offers) appearing in your online basket on check-out will apply – get in touch if you think you’ve qualified for an offer but it hasn’t appeared in your basket.
  • All promotional offers will be subject to availability and while stocks last.
  • We reserve the right to modify or discontinue, temporarily or permanently, any promotional offer without prior notice.

     

    Written Communications

    Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

    Comments

    If you have any comments or complaints about our service or product, we would very much like to hear from you. Please write to us at HIGH5, Sea View Way, Brighton, BN2 6NT or email us at info@highfive.co.uk

    Here is a link to the EU online dispute resolution platform: https://ec.europa.eu/consumers/odr

    Our liability to you

    We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.

    We only supply the products for domestic and private use. You agree not to use the products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    We do not limit our liability in any way for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; or (d) defective products under the Consumer Protection Act 1987.

    Our changes to these Terms

    We amend these terms and conditions from time to time. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the Contract between you and us.

    General

    We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.

    Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

    This contract is between you and us. No other person shall have any rights to enforce any of its terms.

    Law and Jurisdiction

    Please note that these terms and conditions are governed by English law. This means a Contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

    Issue date: 23 April 2020

    Schedule A – Model Cancellation Form

    Notification of Cancellation of Consumer Contract
    To: HIGH5
    Sea View Way
    Brighton
    BN2 6NT
    +44 (0) 1273 303 817
    info@highfive.co.uk
    I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products:
    Ordered on [*]/ received on [*]:
    Name of consumer(s):
    Address of consumer(s):
    Signature of consumer(s) (only if this form is notified on paper),
    Date
    [*] Delete as appropriate

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