Terms & Conditions

Welcome to Ks Muscle Mechanics Balms Ltd! Ks Muscle Mechanics Balms is a Company that believes in making Aromatherapy accessible for everyone that maybe experiencing emotional or physical pain. We want to encourage the use of 100% natural products while promoting the recyclability of our tins to help with the environment.

We believe in our body’s own ability to heal itself and want to demonstrate this through our range of Aromatherapy products named ‘Muscle Mechanics’ That harmonise mind and body. We sell Pain Relief and Muscle Recovery kits (the “Products”). For further information, please visit the “About” page. By using this website (the “Site”), and by purchasing any Products offered by Ks Muscle Mechanics Balms, (“ Ks Muscle Mechanics Balms,” “We,” “Our,” or “Us”), you, Our end user customer (“You, Your, Yours”) are agreeing to these legally binding terms and conditions (the “Terms”). You are also agreeing to Our Privacy Policy

Please read the Terms carefully before You start to use Our Site or purchase any Products. If You do not want to agree to these Terms or the Privacy Policy (the “Policy”), You should not access or use the Site.

Registration

You may browse the Site without registering an account with Us. If You do wish to register an account with Us, You will be required to select a Username and password (“User ID”). You shall provide Ks Muscle Mechanics Balms with accurate, complete, and updated registration information. Failure to do so may result in immediate termination of Your Ks Muscle Mechanics Balms account.

You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Ks Muscle Mechanics Balms reserves the right to refuse registration of or cancel a User ID and domain in its sole discretion.

You are solely responsible for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of Ks Muscle Mechanics Balms password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Ks Muscle Mechanics Balms in writing of any unauthorized use of Your account, or other account related security breach of which You are aware.

Ordering

You may place an order to purchase a Product from Ks Muscle Mechanics Balms via the Site at [www.muscle-mechanics.com]. You will have an opportunity to check through and correct any input errors in Your order up until the point at which You submit Your order.

All orders placed by You are subject to acceptance by Us and, once accepted, our duty is to supply the Products in conformance with the order. We may choose not to accept Your order for any reason and will not be liable to You or to anyone else in those circumstances.

If Your order includes Products which are not available from stock, we will contact You to ask how You wish to proceed. You may have the option to wait until the products are available from stock, or alternatively You may cancel Your order.

Acceptance of Your order and the formation of a contract between us will take place when We despatch the Products ordered to You, unless we have notified You that we do not accept Your order or You have cancelled it in accordance with Returns and Cancellation section below.

You can check the status of an outstanding order at any time online at [www.muscle-mechanics.com]and by logging into Your account.

Prices

All prices are in pounds (£) sterling, inclusive of UK VAT (where applicable), but exclude delivery charges.

Standard UK mainland delivery charges, where applicable, are clearly displayed when You view the Products you have selected within Your basket. Delivery charges will be added to the total amount due once You have selected a delivery service, upon which they are automatically calculated and added to Your order.

Subject to the sections below, the price You pay is the price displayed when You place Your order on the Site at the time We receive Your order.

In the unlikely event that the price of a Product has been incorrectly advertised, We will contact You to ask whether You wish to proceed with the order at the correct price. If You are not happy to proceed, or We are unable to obtain Your instructions, We will cancel the order. We will not be obliged to supply products at the incorrect price.

For Products which are ordered for delivery outside of mainland UK the VAT rate and delivery charges may vary to the price displayed on the Site at the time we receive Your order.

 

Payment

Payment can be made by most major credit or debit cards.

We cannot accept Your order until You have paid for it in full.

Credit/debit card transactions are subject to routine searches from time to time. We undertake these searches in association with licensed credit agencies to detect and prevent fraud and to evaluate Your qualification for payment options. For more details on how we collect, protect and share customer data please refer to our Privacy Policy.

You agree to allow Ks Muscle Mechanics Balms to retain and use Your credit card/debit card details for any subsequent purchases made by You when using the Site in order to place order(s) for the Products.

Delivery

Where delivery charges are displayed on the Site, these are standard United Kingdom delivery charges (unless otherwise specified on the Site or when ordering). We are also able to deliver to certain other locations, as well as faster delivery options. Delivery charges and timescales vary depending on the type of Product ordered, the delivery service selected and the delivery address.

We only despatch Products ordered by You once payment has been authorised.

We will deliver directly to the address specified in Your order. We cannot deliver Products within the same order to multiple addresses.

Title to the Products You purchase passes to You on delivery of the Products to You. Risk of loss and damage of products passes to You when You receive the Product.

If You choose to use to place an order on the Site from outside the United Kingdom, You are responsible for complying with local laws, if and to the extent that they are applicable. We do not represent or warrant that any Product we sell is appropriate for use or available in locations outside of the United Kingdom, or that it complies with any legal or regulatory requirements of such other locations.

If You order Products for delivery outside the United Kingdom, they may be subject to import duties and taxes; You will be responsible for these. We have no control over such charges and cannot advise You as to what they may be, although Your local customs office may be able to assist.

For deliveries outside the United Kingdom, You will be regarded as the importer and it is Your responsibility to comply with all laws and regulations of the country in which the Products are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.

Returns and Cancellation

You have a statutory right to cancel Your purchase within 14 days of receiving the Products (subject to the exceptions stated below). You can cancel by simply returning the order to Us or contacting us via email (info@muscle-mechanics.com); or over the phone on 07521359971.

You should keep evidence of having given notice of cancellation. You must return the Products to Us (at Your own risk and cost) within 14 days of notifying us of Your cancellation. If the Products are unsuitable for return by post, You will be responsible for the cost of couriering them to Us. We will refund the full purchase price together with the standard delivery charge paid within 14 days of receiving the returned Products or proof of postage.

If You chose to pay for express delivery, we will only refund the cost of standard delivery. You must, however, take care of the Products before You return them. We may reduce the amount We refund to You if the Products are no longer in a fully resaleable condition, for example if You use them, damage them or otherwise handle the Product beyond what You could reasonably do in a shop.

You do not have the legal right to cancel the following items: (i) perishable products e.g. certain food products or plants/flowers; (ii) audio/video recordings, DVDs or computer software that You have removed from the sealed packaging in which they were delivered to You; (iii) products made to Your own specification; (iv) periodicals or magazines; and (v) sealed goods which are not suitable for return due to health protection or hygiene reasons that You have removed from the sealed packaging (vi) items made to Your specifications or are clearly personalised.

If You return a Product to us for any reason, We recommend that You get proof of posting. If Your order has a value of £200 or more, You must use a ‘signed for’ service and ensure Your item is covered by insurance. Where a Product is too heavy to be returned via Royal Mail, please contact Us directly on [info@muscle-mechanics.com.]

Delivery charges will not be refunded, unless You use Your statutory right to cancel within the 14-day statutory returns period. Please see above for details. You should allow up to 14 days for Your refund to be processed. We will normally refund You using the same payment method that You used to purchase the Products.

It is Our policy to contact and work with customers whose level of returns is very high. This is to ensure that Our prices are not negatively impacted by the cost to Ks Muscle Mechanics Balms of dealing with an extremely high number of returns by a small minority of customers. If a customer continues to return an extremely high number of Products to us, We reserve the right to close their account. If this happens the customer’s statutory rights will remain unaffected, orders accepted by us before the account has been closed will be fulfilled in accordance with these Terms.

 

Product information

We have taken reasonable steps to display as accurately as possible the details of Our Products. However, the actual colours and details of the Products You see onscreen will depend on the equipment You use to view the Products. We cannot guarantee that Your television, mobile device or computer monitor display of any colour or other detailing will exactly reflect the colour or detailing of the Product upon delivery.

Any information regarding sizing of Products is included as a guide only. If You are in any doubt as to the size of any Product You require, we recommend that You contact Us prior to placing an order.

Our liability

We will not be liable to You where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

You are responsible for the use You make of the Products you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).

We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.

Nothing in this section or elsewhere in our Terms affects Your statutory legal rights.

 

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ks Muscle Mechanics Balms, its licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit You to use the Site for Your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
• You may store files that are automatically cached by Your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this Site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, Your right to use the Site will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Site or any content on the Site is transferred to You, and all rights not expressly granted are reserved by Ks Muscle Mechanics Balms. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.                                                                                                       

Trademarks

The Ks Muscle Mechanics Balms name, Ks Muscle Mechanics Balms logo, Muscle Mechanics logo and all related names, logos, product and service names, designs, and slogans are trademarks of Ks Muscle Mechanics Balms or its affiliates or licensors. You must not use such marks without the prior written permission of Ks Muscle Mechanics Balms. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any laws of England and Wales, EC law, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To impersonate or attempt to impersonate Ks Muscle Mechanics Balms an Muscle Mechanics employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Ks Muscle Mechanics Balms or users of the Site, or expose them to liability.

Additionally, You agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without Our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

Warranty Disclaimer

Ks Muscle Mechanics Balms has no special relationship with or fiduciary duty to You. You acknowledge that Muscle Mechanics has no control over, and no duty to take any action regarding: which users gains access to the Site; what content You access via the Site; how You may interpret or use the Products; or what actions You may take as a result of having been exposed to the Products.

You release Ks Muscle Mechanics Balms from all liability to the extent that such release does not contravene the laws of England and Wales. Muscle Mechanics makes no representations concerning any Products advertised on Our Site, and Muscle Mechanics will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MUSCLE MECHANICS DOES NOT WARRANT THAT:

(A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;

(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;

(C) ANY CONTENT AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

(D) THE RESULTS OF USING THE PRODUCTS WILL MEET YOUR REQUIREMENTS.

YOUR USE OF THE PRODUCTS IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.                                                                                                        

Information About You and Your Visits to the Site

All information we collect on this Site is subject to Our Policy.  By using the Site, You consent to all actions taken by us with respect to Your information in compliance with Our Policy.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROUDCTS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. WE ACCEPT LIABILITY FOR DEATH OR PERSONALY INJURY CAUSED BY OUR NEGLIGENCE AND RESPONSIBILITY FOR FRAUDULENT MISREPRESENTATION AND ANY OTHE LIABILITY WHICH CANNOT, UNDER ENGLISH LAW BE EXCLUDED. NEITHER MUSCLE MECHANICS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MUSCLE MECHANICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, CONTRACTS, OPPORTUNITY OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; OR (E) THE USE OF OR INABILITY TO USE THE PRODUCTS; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PRODUCTS.

WE WILL NOT BE LIABLE TO YOU WHERE PERFORMANCE OF ANY OF OUR OBLIGATIONS US PREVENTED OR RESTRICTED BY ANY CIRCUMSTANCES OR CAUSE BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF MUSCLE MECHANICS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PRODUCTS, OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO MUSCLE MECHANICS BY YOU HEREUNDER, OR ONE HUNDRED GBP IF NO SUCH PAYMENTS HAVE BEEN MADE.

YOU ARE RESPONSIBLE FOR THE USE OF YOU MAKE OF THE PRODUCTS YOU ORDER. TO THE EXTEND NOT PROHIBITED BY LAW.

NOTHING IN THIS SECTION OR ELSEWHERE IN THESE TERMS AFFECTS YOUR STATUTORY LEGAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless Aromazone, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Services.                                                       

You must be 18 years old.

You must be 18 years or older to purchase our Products. Outside of the European Economic Area (“EEA”), minors between the age of 13 and 18 years are only permitted to purchase Our Products through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. Children under 16 residing in the EEA are not permitted to access the Site or purchase the Products. You are responsible for any and all account activity conducted by a minor on Your account.

Governing Law and Jurisdiction

You and we agree that English law applies to these Terms and that any dispute between Us arising out of or in connection with these Terms will only be dealt with by the English courts, unless You are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform You that purchases can be concluded in English only and that no public filing requirements apply.

Waiver and Severability

No waiver by  of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ks Muscle Mechanics Balms to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms and the other material referenced in them are the entire agreement between You and Ks Muscle Mechanics Balms with respect to the Products. They supersede all other communications and proposals (whether oral, written, or electronic) between You and Ks Muscle Mechanics Balms with respect to the Products and govern our future relationship.

If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either You or Ks Muscle Mechanics Balms to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to You. You can’t assign them, transfer them, or sublicense them unless You obtain Team Ks Muscle Mechanics Balm’s prior written consent. Ks Muscle Mechanics Balms has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without Your consent. Ks Muscle Mechanics Balms will provide You notice via email, written notice, or by conspicuously posting the notice on Our Site.

No term of any contract subject to these Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to such contract.

Changes to the Terms

We may revise and update these Terms from time to time in Our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms means that You accept and agree to the changes. You are expected to check this page each time You access this Site, so You are aware of any changes, as they are binding on You. 

This Site is owned and operated by Ks Muscle Mechanics Balms Limited. We are registered in England and Wales under registration number 12660976 and Our registered office is at 102 Liscombe Bracknell Berkshire RG12 7DE.

You can contact us:

(a) by post, using the postal address given above; or

(b) by email, [info@muscle-mechanics.com]