Terms & Conditions:
These Terms and Conditions shall be incorporated into the Contract of sale and shall apply in place of and prevail over any terms and conditions verbally communicated or implied by custom and practice. Fusion Targeted Nutrition Ltd reserves the right to amend or update the current Terms and Conditions. Any such changes will take effect when posted on the website.
1. Placing an order:
1.1 By placing an order with Fusion Targeted Nutrition Ltd the Customer is offering to contract with Fusion Targeted Nutrition Ltd on the basis of these Terms and Conditions.
1.2 The parties are bound by the Contract only when Fusion Targeted Nutrition Ltd accepts to process the order or deliver the Products to the Customer whichever occurs earlier.
1.3 The Contract is subject to availability of the stock required. Fusion Targeted Nutrition Ltd may limit the quantities of goods supplied to any one Customer in the event of supplier shortages or for any other reason out of control of Fusion Targeted Nutrition Ltd.
1.4 Fusion Targeted Nutrition Ltd will not tolerate any abusive behaviour by the Customer towards any of its Staff.
1.5 Fusion Targeted Nutrition Ltd reserves the right to cease trading with any Customer.
1.6 Any order placed shall be subject to these Terms and Conditions, to the exclusion of all others
2.1 Deliveries of Products to the Customer shall be in accordance with Fusion Targeted Nutrition Ltd's delivery schedule.
2.2 Fusion Targeted Nutrition Ltd can not always guarantee delivery in accordance to the Customer’s requested timing schedule.
2.3 Fusion Targeted Nutrition Ltd shall not be held liable for any products that are lost or damaged arising as a result of any causes beyond Fusion Targeted Nutrition Ltd's control and it is the Customer’s responsibility to ensure Products and Items are insured prior to dispatch from Fusion Targeted Nutrition Ltd premises
2.4 Fusion Targeted Nutrition Ltd shall not be held liable for any missed or unaccepted deliveries arising as a result of any causes beyond Fusion Targeted Nutrition Ltd's control.
2.5 The Customer must be available to receive deliveries and the responsibility lies with Customer to ensure they are available to receive their order once despatched from Fusion Targeted Nutrition Ltd premises.
2.6 If the Customer fails to take delivery or fails to give Fusion Targeted Nutrition Ltd adequate delivery instructions at the time stated for delivery then Fusion Targeted Nutrition Ltd may do one or more of the following:
2.6.1 Charge the Customer for any delivery charges to resend the Products.
2.6.2 Charge full cost price for perishable food and food supplement Items.
2.6.3 Charge the Customer for any lost or damaged items during transit.
2.6.4 Charge the Customer for any administration fees and staff labour costs
2.6.5 Charge the Customer for any packaging costs
2.7.1 Any damaged Items or Products and shortages or excesses of any Products or Items should be recorded at the time of delivery in the presence of Fusion Targeted Nutrition Ltd's designated courier or driver. The Customer must sign the delivery note/hand held device highlighting any discrepancies or damaged Items and counter signed by Fusion Targeted Nutrition Ltd's designated courier or driver.
2.7.2 In the event that Fusion Targeted Nutrition Ltd’s designated driver or courier are unavailable to wait when Products need to be counted or checked with the Customer then the Customer must notify Fusion Targeted Nutrition Ltd within 48 hours of any damaged Items or shortages or excesses of Products of Items delivered. Photographic evidence must be supplied to Fusion Targeted Nutrition within 48 hours of delivery documenting any stock discrepancies or damaged Products or Items.
2.7.3 Fusion Targeted Nutrition Ltd will not be liable for any shortages or damages to Products or Items if the Customer does not communicate any discrepancies or issues within 48 hours of delivery.
2.8 All lead times stated are approximate and estimated lead times may extend further than the lead times quoted.
2.9 Multiple deliveries or multiple delivery address will incur additional costs payable by the Customer.
3. Risks and Ownership
3.1 All risks of the Products and Items pass to the Customer on delivery.
3.2 Ownership of the Products and Items delivered to the Customer shall remain with Fusion Targeted Nutrition Ltd until the Products are fully paid for.
3.3 Fusion Targeted Nutrition Ltd reserves the right to retrieve any Items or Products are unpaid for at any time from any located where the Product is held or sold.
4.1 Contract Price is the invoice price, any offers are subject to availability, and the prices quoted or shown on Fusion Targeted Nutrition Ltd's literature are exclusive of VAT @ standard rate where applicable.
4.2 Quotations are valid for 30 days from the quotation date.
4.3 Pricing cannot be guaranteed from invoice to invoice and may fluctuate depending on seasonal pricing and availability of Products.
4.4 Any agreed pricing agreed with the Customer must be in writing and verbal agreements may not be upheld.
5.1 The Customer must settle all accounts in accordance with all agreed terms, in the event of the Customer account being in arrears, we reserve the right to withhold further supplies. Fusion Targeted Nutrition Ltd reserves the right to charge Statutory Interest on overdue balances for the period from the date on which the payment was due.
5.2 The Customer may choose to settle their account via BACS bank transfer or with debit or credit card.
5.3 For Credit Account Customers, any non or late payment will be considered as a breach of the agreed terms, will render Credit Terms null and void, Customer's account will be put on hold, Fusion Targeted Nutrition Ltd has the right to start legal proceedings to recover any outstanding amount without any prior notice and the right to exchange information with Credit Agencies.
6. Product Development
6.1 Please allow between 3-6 months for Product development depending on the complexity of the Production and project.
6.2 Any changes to Products, packaging, labelling, artwork by the Customer may delay Product development time.
6.3 Additional charges and administration fees may apply to extensive research and development where the customer requires the resources of Fusion Targeted Nutrition Ltd beyond what is determined normally acceptable by Fusion Targeted Nutrition Ltd or research and development that requires more than 15 hours of administrative work and staff labour.
6.4 Development sessions are non-refundable unless agreed in writing.
7. Labelling & Artwork
7.1 If the Customer is supplying their own labels for production then they must be sent to the following address:
Fusion Targeted Nutrition LTD,
Unit 3, Sand Lane Business Park,
Sand Lane, Sandy,
Bedfordshire, SG19 2DQ
7.2 The Production of an Order will not commence until labels are received at Fusion Targeted Nutrition Ltd.
7.3 For labelling services provided by Fusion Targeted Nutrition Ltd the following applies:
7.3.1 Designing of labels can take between 4-8 weeks and any changes to the design or layout may delay completion. Fusion Targeted Nutrition Ltd will not accept any responsibility for any delay in production due to artwork being finalised or repeatedly changed.
7.3.2 Any changes to artwork requested must be clear and concise and will need to be sent in writing and in a timely manner to email@example.com.
7.4 It is the Customer’s responsibility to ensure that all labels meet UK and EU regulations and laws. Fusion Targeted Nutrition Ltd can provide details of a professional analyst to the Customer to ensure that the labels are compliant with all relevant regulations and laws.
7.5 It is the Customer’s responsibility to sign off all label designs to ensure that all images, spelling and other design elements are correct.
8.1 Once Production has commenced, the Customer will not be able to amend their order unless specifically agreed in writing
8.2 Any changes to an order that has been paid or agreed must be received in writing within 48 hours prior to production commencing and may significantly delay an order and may incur administration fees. Fusion Targeted Nutrition Ltd reserves the right to amend any pricing within the invoice if any changes to the order are made by the Customer.
8.3 Fusion Targeted Nutrition Ltd will not be held liable for missing any deadlines set by the Customer.
8.4 Any lead times quoted by Fusion Targeted Nutrition Ltd are estimated and the Customer must give allowances for any delays in production a result of any causes beyond Fusion Targeted Nutrition Ltd's control.
8.5 Raw Materials required for production of an order will not be purchased until the agreed payment has been received.
8.6 Fusion Targeted Nutrition Ltd will not be held responsible for the actions, losses, damages, breaches of contract or delays created by any other external or outsourced companies involved in the Customer’s order or production.
9. Product Analysis & Testing
9.1 It is the responsibility of the Customer to ensure that all label and nutritional information provided to the public is correct
9.2 Nutritional information provided by Fusion Targeted Nutrition Ltd on any Product is created using a ‘desktop calculation’ based on nutritional information provided by the Fusion Targeted Nutrition Ltd’s suppliers.
9.3 Fusion Targeted Nutrition Ltd can provide a list of specialists in label analysis and nutritional testing.
9.4 It is the Customer’s responsibility to carry out Product analysis and testing. The Customer has 2 weeks from the date of delivery of an order to return any Products that do not meet the standards required by all relevant UK & EU labelling regulations and laws. Fusion Targeted Nutrition Ltd must be kept informed of any independent product analysis and testing from the outset by the Customer.
9.5 Fusion Targeted Nutrition Ltd aims to be as accurate as possible with nutritional statement and information panels and to fall within acceptable UK and EU tolerance levels and weights as laid out in Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements with regard to the setting of tolerances for nutrient values declared on a label.
9.6 The Customer must notify Fusion Targeted Nutrition Ltd in writing and within 10 working days from the date of delivery of an order if any products that do not meet the Customer’s standards otherwise it will be assumed the Customer is entirely satisfied with their products and order. The return and refund of any items must be agreed with Fusion Targeted Nutrition Ltd before product is returned along with the details of all relevant batch number and production details.
9.7 Batch testing of product may be carried out in advance of delivery of an order if product is available or has already been mixed. Fusion Targeted Nutrition Ltd can supply up to 1kg of powder for batch testing free of charge to a customer where required. The Customer must notify Fusion Targeted Nutrition Ltd before any order or production commences if this is required.
9.8 Fusion Targeted Nutrition Ltd owns all intellectual property pertaining to product formulations and production methods.
9.9 All information relating to product recall procedures is documented in Fusion Targeted Nutrition Ltd’s HACCP, GMP and ISO manuals. Customers can request a copy of Fusion Targeted Nutrition Ltd’s product recall procedures at any time.
These Terms and Conditions are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction over any disputes related thereto.
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