Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally
enforceable agreement without further
reference to you, you must read these terms and conditions to make sure
that they contain all that you want and
nothing that you are not happy with. If you are not sure about
anything, just email us at
[email protected]
Application
- These Terms and Conditions will apply to
the purchase of the goods by you (the
Customer or you).
We are FYRTORR LTD trading as Max Strength, registered in
England and Wales under number 11420039 (VAT
Number: 297702466) whose registered office 6th Floor Charles
House, 108-110 Finchley Road, London, NW3 5JJ,
UK with email address [email protected] (the Supplier or us
or we).
- These are the terms on which we sell all
Goods to you. By ordering any of the
Goods, you agree to be bound by these Terms and Conditions. By
ordering any of the Services, you agree to
be bound by these Terms and Conditions. You can only purchase
the Goods from the Website if you are
eligible to enter into a contract and are at least 18 years
old.
Interpretation
- Consumer means an individual acting
for purposes which are wholly or
mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding
agreement between you and us for the
supply of the Goods;
- Delivery Location means the
Supplier's premises or other location where
the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email,
or any other medium that allows
information to be addressed personally to the recipient,
enables the recipient to store the information in
a way accessible for future reference for a period that is long
enough for the purposes of the information,
and allows the unchanged reproduction of the information
stored;
- Goods means the goods advertised on
the Website that we supply to you of
the number and description as set out in the Order;
- Order means the Customer's order for
the Goods from the Supplier as
submitted following the step by step process set out on the
Website;
- Privacy Policy means the terms which
set out how we will deal with
confidential and personal information received from you via the
Website;
- Website means our website
www.maxstrength.com on which the Goods are
advertised.
Goods
- The description of the Goods is as set out
in the Website, catalogues,
brochures or other form of advertisement. Any description is
for illustrative purposes only and there may
be small discrepancies in the size and colour of the Goods
supplied.
- In the case of any Goods made to your
special requirements, it is your
responsibility to ensure that any information or specification
you provide is accurate.
- All Goods which appear on the Website are
subject to availability.
- We can make changes to the Goods which are
necessary to comply with any
applicable law or safety requirement. We will notify you of
these changes.
Personal information
- We retain and use all information strictly
under the Privacy Policy.
- We may contact you by using e-mail or
other electronic communication methods
and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our
website does not constitute a contractual
offer to sell the Goods. When an Order has been submitted on
the Website, we can reject it for any reason,
although we will try to tell you the reason without delay.
- The Order process is set out on the
Website. Each step allows you to check and
amend any errors before submitting the Order. It is your
responsibility to check that you have used the
ordering process correctly.
- A Contract will be formed for the Goods
ordered only when you receive an email
from us confirming the Order (Order Confirmation). You must
ensure that the Order Confirmation is complete and accurate and
inform us immediately of any errors. We are
not responsible for any inaccuracies in the Order placed by
you. By placing an Order you agree to us giving
you confirmation of the Contract by means of an email with all
information in it (ie the Order
Confirmation). You will receive the Order Confirmation within a
reasonable time after making the Contract,
but in any event not later than the delivery of any Goods
supplied under the Contract.
- Any quotation is valid for a maximum
period of 7 days from its date, unless we
expressly withdraw it at an earlier time.
- No variation of the Contract, whether
about description of the Goods, Fees or
otherwise, can be made after it has been entered into unless
the variation is agreed by the Customer and
the Supplier in writing.
- We intend that these Terms and Conditions
apply only to a Contract entered
into by you as a Consumer. If this is not the case, you must
tell us, so that we can provide you with a
different contract with terms which are more appropriate for
you and which might, in some respects, be
better for you, eg by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional
delivery or other charges is that
set out on the Website at the date of the Order or such other
price as we may agree in writing.
- Prices and charges include taxes at the
rate applicable at the time of the
Order. Additional taxes or fees incurred due to international
customs laws are the responsibility of the
consumer.
- You must pay by submitting your credit or
debit card details with your Order
and we can take payment immediately or otherwise before
delivery of the Goods.
Delivery
- We will deliver the Goods, to the Delivery
Location by the time or within the
agreed period or, failing any agreement, without undue delay
and, in any event, not more than 60 days after
the day on which the Contract is entered into.
- In any case, regardless of events beyond
our control, if we do not deliver the
Goods on time, you can (in addition to any other remedies)
treat the Contract at an end if:
- we have refused to deliver the Goods, or
if delivery on time is essential
taking into account all the relevant circumstances at the time
the Contract was made, or you said to us
before the Contract was made that delivery on time was
essential; or
- after we have failed to deliver on time,
you have specified a later period
which is appropriate to the circumstances and we have not
delivered within that period.
- If you treat the Contract at an end, we
will (in addition to other remedies)
promptly return all payments made under the Contract.
- If you were entitled to treat the Contract
at an end, but do not do so, you
are not prevented from cancelling the Order for any Goods or
rejecting Goods that have been delivered and,
if you do this, we will (in addition to other remedies) without
delay return all payments made under the
Contract for any such cancelled or rejected Goods. If the Goods
have been delivered, you must return them
to us or allow us to collect them from you and we will pay the
costs of this.
- If any Goods form a commercial unit (a
unit is a commercial unit if division
of the unit would materially impair the value of the goods or
the character of the unit) you cannot cancel
or reject the Order for some of those Goods without also
cancelling or rejecting the Order for the rest of
them.
- We do not generally deliver to addresses
outside the United States, England
and Wales, Scotland, Northern Ireland, the Isle of Man and
Channels Islands. If, however, we accept an
Order for delivery outside that area, you may need to pay
import duties or other taxes, as we will not pay
them.
- A refusal to pay any additional import
duties or other taxes incurred by the
consumer, is not a valid reason to return the goods and voids
any offered guarantee.
- You agree we may deliver the Goods in
instalments if we suffer a shortage of
stock or other genuine and fair reason, subject to the above
provisions and provided you are not liable for
extra charges.
- If you or your nominee fail, through no
fault of ours, to take delivery of the
Goods at the Delivery Location, we may charge the reasonable
costs of storing and redelivering them.
- The Goods will become your responsibility
from the completion of delivery or
Customer collection. You must, if reasonably practicable,
examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods
will pass to you when the Goods are
delivered to you.
- You do not own the Goods until we have
received payment in full. If full
payment is overdue or a step occurs towards your bankruptcy, we
can choose, by notice to cancel any
delivery and end any right to use the Goods still owned by you,
in which case you must return them or allow
us to collect them.
Conformity and Guarantee
- We have a legal duty to supply the Goods
in conformity with the Contract, and
will not have conformed if it does not meet the following
obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular
purpose for which you buy the Goods
which, before the Contract is made, you made known to us
(unless you do not actually rely, or it is
unreasonable for you to rely, on our skill and judgment) and be
fit for any purpose held out by us or set
out in the Contract; and
- conform to their description.
- It is not a failure to conform if the
failure has its origin in your
materials.
- We will immediately, or within a
reasonable time, give you the benefit of the
free guarantee given by the manufacturer of the Goods. Details
of the guarantee, including the name and
address of the manufacturer, the duration and territorial scope
of the guarantee, are set out in the
manufacturer's guarantee provided with the Goods. This
guarantee will take effect at the time the Goods are
delivered, and will not reduce your legal rights.
- We will provide the following after-sales
service: The supplier will support
the customer by providing opt in aftercare via a telephone
consultant upon request. These services are
offered at the discretion of FYRTORR LTD and may be withdrawn
at any time. Various online alternatives are
offered. If a senior consultant is requested or the services of
a clinical nutritionist or dietician
request additional costs may be incurred.
Successors and our sub-contractors
- Either party can transfer the benefit of
this Contract to someone else, and
will remain liable to the other for its obligations under the
Contract. The Supplier will be liable for the
acts of any sub-contractors who it chooses to help perform its
duties.
Circumstances beyond the control of either party
- In the event of any failure by a party
because of something beyond its
reasonable control:
- the party will advise the other party as
soon as reasonably practicable; and
- the party's obligations will be suspended
so far as is reasonable, provided
that that party will act reasonably, and the party will not be
liable for any failure which it could not
reasonably avoid, but this will not affect the Customer's above
rights relating to delivery and any right
to cancel, below.
Excluding liability
- The Supplier does not exclude liability
for: (i) any fraudulent act or
omission; or (ii) for death or personal injury caused by
negligence or breach of the Supplier's other legal
obligations. Subject to this, the Supplier is not liable for
(i) loss which was not reasonably foreseeable
to both parties at the time when the Contract was made, or (ii)
loss (eg loss of profit) to the Customer's
business, trade, craft or profession which would not be
suffered by a Consumer - because the Supplier
believes the Customer is not buying the Goods wholly or mainly
for its business, trade, craft or
profession.
Governing law, jurisdiction and complaints
- The Contract (including any
non-contractual matters) is governed by the law of
England and Wales.
- Disputes can be submitted to the
jurisdiction of the courts of England and
Wales or, where the Customer lives in Scotland or Northern
Ireland, in the courts of respectively Scotland
or Northern Ireland.
- We try to avoid any dispute, so we deal
with complaints in the following way:
If a dispute occurs customers should contact us first to find a
solution. We will aim to respond with an
appropriate solution within 48 hours. We strive to ensure
customer satisfaction and quality of service and
always do our best to respond promptly to customer feedback.
Withdrawal, returns and cancellation
- You can withdraw the Order by telling us
before the Contract is made, if you
simply wish to change your mind and without giving us a reason,
and without incurring any liability.
- You can cancel the Contract except for any
Goods which are made to your
special requirements (the Returns Right) by telling us no
later than 90 days after the Contract was made, if you simply
wish to change your mind and without giving
us a reason, and without liability, except in that case, you
must return the remaining Goods in undamaged
condition at your expense. Then we must without delay refund to
you the price for those Goods which have
been paid for in advance, but we can retain any separate
delivery charge. This does not affect your rights
when the reason for the cancellation is any defective Goods.
This Returns Right is different and separate
from the Cancellation Rights below.
- This is a distance contract (as
defined below) which has the cancellation rights (Cancellation
Rights)
set out below. These Cancellation Rights, however, do not
apply, to a contract for the following goods
(with no others) in the following circumstances:
- foodstuffs, beverages or other goods
intended for current consumption in the
household and which are supplied on frequent and regular rounds
to your residence or workplace;
- goods that are made to your specifications
or are clearly personalised;
- goods which are liable to deteriorate or
expire rapidly.
- Also, the Cancellation Rights for a
Contract cease to be available in the
following circumstances:
- in the case of any sales contract, if the
goods become mixed inseparably
(according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and
Conditions, you can cancel this contract
within 14 days without giving any reason.
- The cancellation period will expire after
14 days from the day on which you
acquire, or a third party, other than the carrier indicated by
you, acquires physical possession of the
last of the Goods. In a contract for the supply of goods over
time (ie subscriptions), the right to cancel
will be 14 days after the first delivery.
- To exercise the right to cancel, you must
inform us of your decision to cancel
this Contract by a clear statement setting out your decision
(eg a letter sent by post, fax or email). You
can use the attached model cancellation form, but it is not
obligatory. In any event, you must be able to
show clear evidence of when the cancellation was made, so you
may decide to use the model cancellation
form.
- You can also electronically fill in and
submit the model cancellation form or
any other clear statement of the Customer's decision to cancel
the Contract on our website
www.maxstrength.com. If you use this option, we will
communicate to you an acknowledgement of receipt of
such a cancellation in a Durable Medium (eg by email) without
delay.
- To meet the cancellation deadline, it is
sufficient for you to send your
communication concerning your exercise of the right to cancel
before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel
this Contract, we will reimburse to you
all payments received from you, including 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).
Deduction for Goods supplied
- We may make a deduction from the
reimbursement for loss in value of any Goods
supplied, if the loss is the result of unnecessary handling by
you (ie handling the Goods beyond what is
necessary to establish the nature, characteristics and
functioning of the Goods: eg it goes beyond the sort
of handling that might be reasonably allowed in a shop). This
is because you are liable for that loss and,
if that deduction is not made, you must pay us the amount of
that loss.
Timing of reimbursement
- If we have not offered to collect the
Goods, we will make the reimbursement
without undue delay, and not later than 21 days after the day
we receive back from you any Goods supplied.
- If we have offered to collect the Goods or
if no Goods were supplied, we will
make the reimbursement without undue delay, and not later than
14 days after the day on which we are
informed about your decision to cancel this Contract.
- We will make the reimbursement using the
same means of payment as you used for
the initial transaction, in any event, you will not incur any
fees as a result of the reimbursement.
Returning Goods
- If you have received Goods in connection
with the Contract which you have
cancelled, you must send back the Goods without delay and in
any event not later than 14 days from the day
on which you communicate to us your cancellation of this
Contract. The deadline is met if you send back the
Goods before the period of 14 days has expired.
- For the purposes of these Cancellation
Rights, these words have the following
meanings:
- distance contract means a contract
concluded between a trader and a
consumer under an organised distance sales or service-provision
scheme without the simultaneous physical
presence of the trader and the consumer, with the exclusive use
of one or more means of distance
communication up to and including the time at which the
contract is concluded;
- sales contract means a contract
under which a trader transfers or agrees
to transfer the ownership of goods to a consumer and the
consumer pays or agrees to pay the price,
including any contract that has both goods and services as its
object.
- Money Back Guarantee
FYRTORR LTD, will upon the customer's request and
subject to the restrictions
described below, provide a credit or a refund of the premium paid by
the customer for an order for goods or
services if:
- The customer bought through an offer where
a money back guarantee was
expressly given.
- The customer is eligible for a money back
guarantee
- The customer applies for a money back
guarantee within the expressed time
frame of the guarantee.
- The customer provides any and all
documents requested or required to fulfill
the criteria of the guarantee.
- RETURNS & REPLACEMENTS
Return Policy
We aim to provide the highest levels of quality and
service. If we do make a
mistake, please let us know and we will do all we can to put things
right. If for any reason you decide you no
longer wish to continue taking our supplements you may simply return
any unopened bottles to our fulfilment
warehouse within 90 days of your purchase. Upon receipt of the bottles
we will refund you for any unopened
product. You will not be charged a restocking fee, you will receive a
full refund, for each unopened bottle,
excluding the original postage cost. Please note, unfortunately we
cannot offer refunds on opened, used or
partially used bottles. We are also unable to offer refunds on bottles
returned after 90 days from the day of
purchase.
More information: Consumer guarantees
We adhere to EU legislation on EU consumer guarantees, information of which can be found on this link Consumer guarantees
If you wish to return the item please notify us by
e-mail: [email protected]
that you intend to do so.
Testo Booster*
We stand by Testo-Booster and are confident in its ability to naturally increase testosterone levels. That is why we offer a full laboratory test backed, 100% back guarantee.
To qualify for the guarantee you must:
- Have followed the bottle instructions and took 3 capsules a day for a period of no less than 90 days.
- Have not previously been diagnosed with a medical condition that negatively impacts your testosterone levels or prevents testosterone production.
- Have not undergone a surgical procedure that can impact your testosterone production, (e.g. prostate surgery, castration, thyroid surgery).
- Are not currently taking prescription medications which decrease your natural testosterone levels.
If you meet the above criteria and Testo-Booster does not positively impact your testosterone levels, then we will give you 100% of your money back.
To qualify for the money back guarantee you must provide before and after hormone tests that show that your Testosterone levels did not rise. The before test must have been taken no earlier than 30 days before you started taking Testo-Booster and the after test can be taken no later than 7 days after you ceased taking Testo-Booster.
To claim the money back guarantee you must request it and submit your hormone tests no later than 30 days after you stop taking Testo Booster