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Terms of sale

            These Terms of Sale (the “Terms”), together with any and all other documents referred to herein, set out the terms on which our organic and sustainably sourced grass-fed beef protein snacks (“PRIME bars”) are sold by us to consumers through this website, https://www.primebar.co.uk/ (our “Site”). You will be required to read and accept these Terms when ordering PRIME bars, so please read them carefully and ensure that you understand them before ordering any products from our Site. If you do not agree to comply with and be bound by these Terms, you will not be able to order PRIME bars through our Site.

  1. Information About Us
  2. Our Site is owned and operated by Primebar Ltd, a limited company registered in England under 10270109, whose registered address is Primebar, Stapleton, West Yorkshire, WF8 3DD (“we/us/our”).
  1. Access to and Use of Our Site
    • Access to our Site is free of charge and it is your responsibility to make any and all arrangements necessary in order to access it.
    • Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue it (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
    • Use of our Site is subject to our Website Terms of Use (https://www.primebar.co.uk/pages/terms). Please ensure that you have read them carefully and that you understand them.
  1. Business Customers

These Terms apply to consumers only and do not apply to customers purchasing our PRIME Bars in the course of business.

  1. International Customers

Please note that we only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.

  1. Food Products, Pricing and Availability
    • We make all reasonable efforts to ensure that all descriptions and graphical representations of our PRIME Bars correspond to the actual products that you will receive. Please note, however, the following:
      • Images of our PRIME Bars are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;
      • Images and/or descriptions of packaging are for illustrative purposes only, and the actual packaging of our PRIME Bars may vary; and
      • Due to the nature of the products we sell through our Site, there may be up to a 2% variance in the weight of those products as compared to the actual PRIME Bars and the description.
    • All PRIME Bars sold on our Site contain sesame seeds (or are not suitable for sesame allergy sufferers due to manufacturing methods). Our products are otherwise gluten and dairy-free and include a full list of ingredients and nutritional information here https://prime-bars.myshopify.com/collections/our-products/products/apricot-carrot
      https://prime-bars.myshopify.com/collections/our-products/products/chilli-red-pepper. We will also clearly state if any of our products contain (or may contain) any of the following which may cause allergies or intolerances (please note, however, that some or all of our products are prepared in the same environment and we cannot guarantee that they will be 100% free of such ingredients):
      • Gluten;
      • Milk or lactose;
      • Eggs;
      • Peanuts;
      • Other nuts;
      • Celery;
      • Mustard;
      • Soya or soybeans;
    • The manufacturers and meat producers we use for our PRIME bars are certified by and/or members or licence-holders of the following recognised bodies and schemes, demonstrating our commitment to the highest health, safety, quality and environmental food standards:
      • British Safety Council;
      • Quality Standard Mark;
      • BRC (British Retail Consortium); and
      • Red Tractor.
    • Any information provided by us about our PRIME bars on our Site or otherwise is not intended as professional dietary or medical advice or to replace the advice of a doctor or other health care professional. If you currently suffer from any medical ailment or wish to embark on any dietary, exercise or other lifestyle change intended to prevent or treat a specific disease or condition you should first consult a qualified medical practitioner. Our PRIME bars are not guaranteed to produce any specific result or effect and should not be relied on as a substitute for a balanced, healthy lifestyle and diet.
    • We cannot guarantee that all PRIME Bars advertised on our Site will always be available.
    • Minor changes may, from time to time, be made to our PRIME Bars between your order being placed and us processing that order and dispatching the products, for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the PRIME Bars and will not normally affect your use or enjoyment of those products.
    • We make all reasonable efforts to ensure that all prices shown on our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
    • All prices on Our Site include VAT. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
    • Delivery charges are not included in the price of products displayed on our Site. For more information on delivery charges, please refer to [https://www.primebar.co.uk/pages/delivery]. Delivery options and related charges will be presented to you as part of the order process.
  1. Orders – How Contracts Are Formed
    • Our Site will guide you through the ordering process. Before submitting your order you will be given the opportunity to review and amend it. Please ensure that you have checked your order carefully before submitting it.
    • If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information and you do not give us the accurate or complete information within a reasonable time of our request, we reserve the right to cancel your order and treat the contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
    • No part of our Site constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an order confirmation by email. Only once we have sent you an order confirmation will there be a legally binding Contract between us and you.
    • Order confirmations shall contain full details of the products ordered, estimated delivery date(s) and fully itemised pricing including, where appropriate, taxes, delivery and other additional charges. If your order is for the regular delivery of our PRIME bars by subscription, details of your subscription (which operates on a monthly auto-renew basis) will also be included in your order confirmation.
    • In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will inform you in writing. No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible using the same payment method that you used when placing your order.
  1. Payment
    • Payment for our PRIME bars and related delivery charges must always be made in advance and you will be prompted to pay during the order process. If you have chosen to receive PRIME bars as part of an ongoing subscription, you will be billed in advance before each monthly delivery of your PRIME bars.
    • Payment is to be made via our payment service provider (currently Stripe and, in the case of recurring subscription orders, the bold portal) according to the details communicated to you during the payment process. By providing payment provider information through our Site and authorising payment, you represent and warrant that you are legally authorised to provide such information.
    • If any payment due to us is not made on time, we may charge you interest on the overdue sum at the rate of 4% above the base lending rate of the Bank of England. Interest will accrue on a daily basis from the due date until the actual date of payment of the overdue sum, whether before or after judgment. Any interest due must be paid at the same time as the overdue sum.
  1. Delivery, Risk and Ownership
    • All PRIME bars purchased on subscription through our Site will normally be delivered at the beginning of the week following the date of our order confirmation (and on a recurring 30 calendar day basis thereafter until you or we cancel the subscription in accordance with these Terms). PRIME bars purchased on a one-off basis and not as part of an ongoing subscription will normally be delivered within 5 working days after the date of our order confirmation. Delivery dates are approximate and time of delivery is not guaranteed. These timelines may be varied if otherwise agreed or specified during the order process (and are subject to delays caused by events outside of our control).
    • If we are unable to deliver the PRIME bars on the delivery date, the following will apply:
      • If no one is available at your delivery address to receive them and they cannot be posted through your letterbox or left in a safe place nominated by you, we will leave a delivery note explaining how to rearrange delivery or where to collect the PRIME bars;
      • If you do not collect the PRIME bars or rearrange delivery within 10 days we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the contract as cancelled and recover the PRIME bars. If this happens, you will be refunded the purchase price of the PRIME bars themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the products.
    • In the unlikely event that we fail to deliver the PRIME bars, our legal responsibility to you will be limited to your costs of obtaining replacements of similar type and quality at the cheapest available price, less the price of the PRIME bars you purchased. We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions.
    • If we refuse to deliver the PRIME bars, you may treat the contract as being at an end and we will reimburse you without undue delay. Alternatively you may specify a new delivery time or time period. If we continue to fail to deliver the PRIME bars, you may treat the contract as being at an end and we will reimburse you without undue delay.
    • We may suspend delivery of the PRIME bars if we do not receive payment on time for those products from you. We will inform you of the non-payment on the due date, however if you do not make payment within 14 days of our notice, we may suspend delivery of the PRIME bars until we have received all outstanding sums due from you. If we do suspend delivery of the products, we will inform you of the suspension and you will not be charged for any products while delivery is suspended. If you still have not made payment within 14 days of our reminder, we may cancel the contract. Outstanding sums (including interest) will remain due and payable and will not be affected by cancellation.
    • We are allowed to deliver the PRIME bars in instalments. If we do this, each instalment will make up a separate contract. If an instalment is delayed, you may not cancel other instalments because of the delay.
    • Delivery shall be deemed complete and the responsibility for the PRIME bars will pass to you once we have delivered them to the address you have provided.
    • Ownership of the PRIME bars passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
  1. Problems with the PRIME bars
    • By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences).
    • If any products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) products, please contact us at fredandluke@primebar.co.uk as soon as reasonably possible and in any event within 30 days to inform us of the problem, and to arrange for a refund or replacement.
    • Please note that you will not be eligible to claim under this Clause 9 if we informed you of the fault(s), damage or other problems with the products before you purchased them, or if the problem is the result of you having purchased the PRIME bars for an unsuitable purpose that is neither obvious nor made known to us, or is the result of normal wear and tear, misuse or intentional or careless damage.
    • To return PRIME bars to us for any reason under this Clause 9, please contact us at fredandluke@primebar.co.uk to arrange for this. We will be fully responsible for the costs of returning products under this Clause 9 and will reimburse you (including for delivery costs) where appropriate without undue delay.                
  1. Cancellations
    • You may cancel an order (and receive a full refund of any sums already paid) at any time up to 48 hours before we dispatch your PRIME bars by going onto the member section of the website. Orders cannot be cancelled after this time or once they have been dispatched.
    • If you no longer wish to receive PRIME bars from us and wish to end your subscription you may do so by clicking on the cancellation option in the member area of the Site. Your cancellation will be effective as soon as we receive it.
    • Please note that, due to the perishable nature of our PRIME bars, you will not have a right to cancel under the 14 day “cooling-off” period given to EU consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel after receiving our PRIME bars if there is a problem with them, as set out in Clause 9, but you cannot cancel merely because you have changed your mind.
  1. Our Liability to Consumers
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
    • We only supply products for domestic and private use by consumers. We make no warranty or representation that the PRIME bars are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    • Our total legal responsibility to you under these Terms will not exceed the price of the products ordered by you in the 6-month period prior to the event giving rise to the liability.
    • Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), for fraud or fraudulent misrepresentation, or for anything else which may not be excluded by law.
    • Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
  1. Complaints and Feedback

We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us at fredandluke@primebar.co.uk.

  1. How We Use Your Personal Information (Data Protection)
    • All personal information that we may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with our Privacy Policy (https://www.primebar.co.uk/pages/privacy) and the provisions of the Data Protection Act 1998 and your rights under that Act.
    • We may use your personal information to:
      • Provide our PRIME bars and services to you;
      • Process your order (including payment) for the PRIME bars; and
      • Inform you of new products and/or services available from us (if you opt or have previously opted to receive it). You may request that we stop sending you this information at any time.
    • We will not pass on your personal information to any third parties without first obtaining your express permission.
  1. Other Important Terms
    • We may transfer (assign) our obligations and rights under these Terms to a third party (for example, if we sell our business). You may not transfer your obligations and rights under these Terms without our express written permission.
    • Nobody other than we and you may rely on any terms of this contract.
    • If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms, which shall be valid and enforceable.
    • Delay in exercising a right under these Terms will not take away that right or any other right.
    • We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms as they relate to your order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected by them and are not happy with them.
    • These Terms, and the relationship between you and us shall be governed by, and construed in accordance with, English law and only the courts of England will have the right to deal with any disputes arising from these Terms.