Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website atxnutrition.myshopify.com ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US
   atxnutrition.myshopify.com is a site operated by ATX NUTRITION (“we").
   
   
2. PRIVACY POLICY
   Our policy covering the processing of customers data is set out in our Privacy Policy which forms part of our terms and conditions.
   No Credit Card numbers are held within this web site or the associated back-office systems used to process your orders within "atxnutrition.myshopify.com". For future reference to help us communicate with you, the first few and/or last digits only of the Credit Card number are kept by us.
   For any repeat orders, our Credit Card Agency securely holds your Credit Card details and provides us with a unique token that represents that particular card; this token is only valid for payment to this company and this data is therefore worthless to any potential web site hacker.
   
   
3. SERVICE AVAILABILITY
   We accept orders only from India.
   
   
4. YOUR STATUS
   4.1 By placing an order through our site, you warrant that:
   4.1.1 You are legally capable of entering into binding contracts; and
   4.1.2 You are at least 18 years old.
   
   
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
   5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
   5.2 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 dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
   
   
6. AVAILABILITY AND DELIVERY
   Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 2-3 business days from the date of the Dispatch Confirmation, unless there are exceptional circumstances.
   
   
7. RISK AND TITLE
   7.1 The Products will be at your risk from the time of delivery.
   7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
   
   
8. PRICE AND PAYMENT
   8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
   8.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
   8.3 Our site may contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
   
   
9. OUR REFUNDS POLICY
   9.1 We guarantee your satisfaction with our Products and if, for a reason of manufacturing fault we offer a 7 days refund or exchange policy. This is to ensure your satisfaction at all times with our Products.
   9.1.1 All items must be returned unused and in the original packaging as they were in when received by you.
   9.1.2 Please ensure that when you receive an item that you take reasonable care of it when trying it /inspecting it eg. please ensure that any security seals or tags are still intact.
   9.2 Without prejudice to condition 8.1 in Terms and Conditions, you may cancel a Contract Within 7 days of delivery, provided that the Products has not been used and not been subjected to excess heat. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. This provision does not affect your statutory rights.
   9.3 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via letter or e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days, of the day we received your cancellation or the day we confirmed to you via letter or e-mail that you were entitled to a refund for delivery of the defective Product back to ATX Nutrition representatives.
   9.3.1 All products returned to us are checked by our Returns Department. If you are entitled to a refund then we will refund the price of your item. Refund won't be applicable if the product returned is used or damaged.
   9.4 If the product is at fault, or packaging is damaged beyond the salvageable state, we will either refund or replace ASAP.
   9.5 If the delivery note says an item should be in your parcel but it isn't, or if you have received an incorrect wrong item not ordered, please use our the contact form page to get in touch with us letting us know which item(s) you believe are missing, or if you have received the wrong item. You have up to 72 hours to inform us of such an error, outside of 72 hours we will not be able to investigate or assist with this claim.
   9.6.COST OF RETURNING ITEMS
   Please note that we can only refund the shipping costs for returning an item where:
   9.6.1. We sent you the wrong item, or the item is damaged or faulty; or where you are returning a substitute or replacement item which you do not want to keep.
   9.6.2. We will not refund shipping charges for items found to be in good working order. Costs of shipping the item back to you will depend on the item and will be communicated to you after the testing process has been completed.
   
   
10. OUR LIABILITY
    10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
    10.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
    10.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or your statutory rights as a consumer.
    10.4 We accept no liability for any loss or damage caused by us or our employees or agents:
    10.4.1 where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
    10.4.2 where such loss or damage is not a reasonably foreseeable result of any such breach;
    10.4.3 for any increase in loss or damage resulting from breach by you of any terms of this contract.
    
    
11. 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.
    
    
12. NOTICES
    All notices given by you to us must be given to atxnutrition.myshopify.com or akshay@atxnutrition.myshopify.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
    
    
13. TRANSFER OF RIGHTS AND OBLIGATIONS
    13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
    13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
    
    
14. EVENTS OUTSIDE OUR CONTROL
    14.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
    14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    14.2.1 Strikes, lock-outs or other industrial action.
    14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
    14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    14.2.5 Impossibility of the use of public or private telecommunications networks.
    14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
    14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
    
    
15. WAIVER
    15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
    15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
    
    
16. SEVERABILITY
    If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    
    
17. ENTIRE AGREEMENT
    17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
    
    
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
    18.1 We have the right to revise and amend these terms and conditions from time to time.
    18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
    
    
19. INTELLECTUAL PROPERTY
    The content of atxnutrition.myshopify.com is protected by copyright, trademarks, patents database, and other intellectual property rights. You may retrieve and display the content of atxnutrition.myshopify.com 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. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on atxnutrition.myshopify.com without written permission from the CEO of ATX Nutrition.
    
    
20. RESTRICTIONS ON USE
    You may not use the site atxnutrition.myshopify.com for any of the following purposes:
    disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice gaining unauthorized access to other computer systems interfering with any other person's use or enjoyment of atxnutrition.myshopify.com breaching any laws concerning the use of public telecommunications networks interfering or disrupting networks or websites connected to atxnutrition.myshopify.com making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner You will indemnify us against all losses, liabilities, costs, and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with: any claim by any third party that the use of atxnutrition.myshopify.com by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; any claim by any third party that the use of atxnutrition.myshopify.com by you infringes that third party's copyright or other intellectual property rights of whatever nature; and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of atxnutrition.myshopify.com by you. Other than claims arising from the use by you of the site to order product(s) in the normal manner.
    
    
21. MEDICAL
    Our products are not intended to treat, cure or prevent any disease, nor is the information supplied in any of our magazine/catalogues intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking supplements within the ATX NUTRITION™ product. If you experience an adverse reaction contact the products manufacturer, stop taking the supplement, and seek immediate medical advice.
    
    
22. THIRD PARTY LINKS
    We may provide links to other web sites or resources from time to time. Any such link to other websites or resources is not an endorsement of such web site or resources and you acknowledge and agree that we are not responsible for the availability of and content on such websites or resources.