These are the Terms & Conditions of Trading (which incorporate what may be known as Terms of Service, Terms of Use or Terms of Sale) with POWERbreathe International Ltd, trading as ‘POWERbreathe.com’, herein referred to as ‘POWERbreathe’ in the following document. POWERbreathe owns and operates this website and by using our website you accept and agree to these terms and conditions and you confirm to us that you are at least 18 years of age.

Last Updated: January 11, 2024.

  1. Company Registration
  2. Product Information
  3. Basis of Sale
  4. Non-acceptance of Order
  5. Payment and Product Availability
  6. Promotions
  7. Delivery Costs
  8. Order by Phone/Purchase Order
  9. Delivery of all Orders
  10. Returns, Non-Delivery & Shortages Policy
  11. Service, Repair & Maintenance
  12. Warranties, Liability, Risk & Title
  13. Privacy Policy
  14. Reviews
  15. Third Party Links
  16. Our Rights
  17. Copyright and Trademarks
  18. Intellectual Property
  19. General

1. Company Registration

POWERbreathe International Ltd.
Company registration number 7444642, registered in England and Wales.
Registered address: Celixir House, Stratford Business and Technology Park, Innovation Way, Banbury Road, Stratford-Upon-Avon, Warwickshire, England, CV37 7GZ, United Kingdom. Our correspondence address is below.
VAT Number 102 5506 62

Our offices are open from 9:00 am – 5:00 pm Monday – Friday (excluding Bank Holidays). Orders can only be despatched and queries answered during this time.
Telephone: +44(0) 1926 816100
Email: enquiries@powerbreathe.com

Address: POWERbreathe International Ltd
Northfield Rd
Southam
CV47 0FG

2. Product Information

Every care has been taken to ensure that all descriptions, measurements, colours and prices are correct. Measurements given are approximate. While every effort is made to ensure the accuracy of colour reproduction, colours may vary.

We try very hard to ensure that all items featured on this site are in stock or are available to order. However, discontinued or out of stock items may not be removed immediately.

Products come with a Manufacturer’s Warranty where applicable. If product is covered by a Manufacturer’s Warranty and the product needs returning, customers are responsible for shipping product back to POWERbreathe International Ltd.

3. Basis of Sale

When you checkout on the website, or telephone to place an order, you offer to buy the Goods at the prices indicated including any delivery charges that apply to your purchase. All orders will be subject to these terms and conditions. Orders placed online will be acknowledged via the email address you provide. The acknowledgement is sent to you automatically and you are advised to be aware that errors may have occurred, of which we are not aware despite our best efforts (please see under ‘Non-acceptance of an order’ heading). Because of this, we retain the right to cancel the order.

It should be noted that the Name, Address and order details you input are automatically used in our accounts system and separate shipping system. We do not check or change information provided. If you make an error while placing an order such as incorrect address or contact details, wrong quantity or adding or removing an item on the order.

Please Contact Us as soon as possible and we will make every effort to make any requested changes. If an error is not found until after the goods have shipped, POWERbreathe will not be liable for any costs incurred as a result of the loss of goods, to redirect your order, or that you may incur in collecting your order from the incorrect address or person. We reserve the right to pass on any costs incurred.

4. Non-acceptance of an Order

Orders may be rejected as a result (but not limited to) of one of the following:

  • The product you ordered being unavailable from stock.
  • Failing our internal processing checks.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.
  • A system error – such as an error with the automatic confirmation.
  • You request delivery outside of UK mainland and Northern Ireland and do not accept the extra delivery or charges that may be applicable.

5. Payment and Product Availability

Prices for products featured on this site are shown inclusive of VAT (where applicable) at the prevailing rate. VAT is not chargeable for orders shipping outside the UK and will be removed at the checkout.

The total cost of your order is the price of the Products ordered (plus delivery charges where applicable) and any other charges as set out in the ‘Delivery Costs’ section. POWERbreathe may contact you to inform you of any further charges that may have been omitted by mistake.

POWERbreathe uses an SSL Certificate to secure online transactions and conduct business over the Internet and accepts the following debit and credit cards: Visa, Mastercard and AmEx (American Express). Payment will be debited and cleared from your account at the point of placing your order. This may mean that payment will be taken from your account before non-stocked items are ordered. POWERbreathe also accepts payment via PayPal or Bank Transfer.

You confirm that the credit, debit or store card that is being used is yours personally, or that you are legally authorised to use the card.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. Please note that using PayPal eCheques require up to 10 days to clear before the payment is released to us.

We endeavour to stock as many products as possible. However, this may not always be possible for a variety of reasons:

  • Goods are not stocked to ensure the longest possible use by dates
  • Products are shipped directly from the manufacturer
  • Goods are manufactured to your specifications or are made to order
  • Products may be subject to an unexpected increase in sales, depleting stock levels.
  • Supply chain issues mean that manufacturer lead times increase

Goods will not be ordered and/or delivered until payment has cleared.

In the event that a product is listed at an incorrect price due to human or technical error, POWERbreathe shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. POWERbreathe shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and monies have been set-aside on your credit card. Please note that prices can increase, as well as decrease.

6. Promotions

Please note that only one promotional code or other discount offer can be used per order, and not in conjunction with any other offers or promotional codes (including products marked as ‘special price’). We may also limit the number of items you can purchase at any time.

7. Delivery Costs

7a. For UK Orders

For UK customers:

Orders of £40 (inc VAT) and over are Free Standard Delivery

Orders up to £39.99 (inc VAT): £4.99 (inc VAT)

Before your order is accepted and fulfilled, we may contact you to inform you of any further charges, especially if the order involves multiple quantities and requires shipping via a pallet.

7b. For International Orders

All items shipped outside the UK may incur customs duty, taxes & other charges upon entering other countries. Products are sold on a delivery duty unpaid basis. You are liable for all Duty and Taxes payable locally to your country of delivery.

Any duty, clearance, tax or carrier charges must be borne by the recipient and we will not accept liability for any such costs. These charges are over and above the purchase cost of the goods.

You must pay duties and taxes directly to the shipping company who pass the payment on to your countries’ customs agency to release your order from Customs. Customers are required to check these details before placing an order for international delivery. For further details, contact your local Customs office or tax authority before placing an order.

We are unable to advise what the thresholds and rates are for other countries as these are determined by the respective governments and can vary significantly between countries and even items. If upon delivery, there are any additional charges due our carrier will contact you to arrange payment. If you fail to pay, you are only entitled to a refund (excluding shipping) once we receive the goods back in our warehouse.

International Delivery Services aim to deliver to Europe within 1-3 working days after leaving our warehouse, and worldwide within 1-5 working days after leaving our warehouse. This can be up to 4 weeks however. Please note, POWERbreathe International Ltd will only be held responsible for the delivery of the order while the parcel is still in the UK.

Where possible, to limit Import taxes and duty, we may ship from our German (EU) or US shipping hub.

VAT is a tax on goods used in the UK, so for goods exported outside the UK, VAT isn’t charged.

Not all products are available for sale internationally. This is due to customs, legal, regulatory and / or certain practical or shipping restrictions. Some of our products may not be available for delivery to certain destinations outside the UK. POWERbreathe International Ltd reserves the right to define what can and cannot be delivered to which destination.

Payment – orders from the EU are placed in €Euros. Orders from the rest of the world are placed in US$. Where your location is not determinable, you may be charged in £. International credit card providers or banks may determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay. This is outside of our control.

8. Order by Phone/Purchase Order

We accept Credit Card payment for UK orders by phone up to a value of £500 inc VAT. If your order is over £500 or you require delivery outside the UK you can pay by PayPal (please email us the email address associated with your PayPal account and we will send a Payment Request), or Bank Transfer. By paying by credit card, you confirm that you are legally authorised to use that credit card.

We also accept Purchase Orders by email. Please include the following information on your Purchase Order:

  • The full Invoice and Delivery address
  • The name and position of the person authorised to make orders for the Goods
  • A purchase order number
  • Any Special Instructions
  • Delivery Costs for orders placed over the phone or by Purchase Order:
    • Delivery £10 + VAT for orders under £350 Ex VAT
    • Delivery is FOC on all orders over £350 Ex VAT
  • As with online orders, Additional Shipping Charges may apply to heavy or large items or products.

To cover extra administration costs, please be aware that a Small Order Charge of £15.00 (ex VAT) will be added to all Purchase Orders under the value of £50.00 (Ex VAT), in addition to the standard £10.00 Carriage Charge. This Small Order Charge does not apply to web orders or other orders paid for in full before delivery.

Please note:

We offer a 30 day credit facility to the following UK customers:

  • Schools, Universities and Colleges
  • NHS Hospitals, Clinics and Trusts
  • National Governing Bodies of Sport
  • Uniformed Services

(Credit Facilities are subject to good payment history).

If you do not have a credit account with us, are overseas, or are a Personal Trainer, Sports & Health/Fitness Club, or an Occupational & Corporate Health Company please place your order online where you can pay by card, PayPal.

  • These Terms & Conditions shall apply to all orders and supersede any terms or conditions which you may purport to apply under any purchase order confirmation or similar document.
  • Acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of these Conditions.

9. Delivery of all Orders

Our standard delivery time is 2 – 5 working days for stocked items (usually dispatched within 48 hours, except during UK public holiday periods), but please allow up to 28 days for non-stocked items.

Delivery dates are not guaranteed as we are at the mercy of the shipping companies. We use Royal Mail, Parcel Force, DHL or a Pallet shipping company. We shall make every reasonable effort to deliver goods by any quoted delivery date. If the carrier attempts delivery, but is unable to deliver, a second attempt will usually be made. If they are still unable to deliver, POWERbreathe are not to be held responsible. Please allow up to 3 weeks for the items to be returned to POWERbreathe. Once received, you will be refunded the cost of goods only. If you still require the goods, you will be required to pay for redelivery.

Pallet Deliveries are to kerbside only. If you require the goods being delivered into a building, please Contact Us for an Installation quote and to purchase.

Please note: You will be responsible for any costs POWERbreathe International Ltd incurs and POWERbreathe will not be held responsible for any losses or damages arising from:

  • Goods ordered in error
  • You failing to take delivery of the Goods
  • Inadequate delivery instructions meaning the shipping company is unable to deliver

10. Returns, Non Delivery & Shortages Policy

10a Returns Policy for UK Orders

If for any reason, you are not entirely satisfied with your purchase or if the goods are faulty or damaged, please Contact Us within 14 days of receipt of goods and we will send you a Returns Form, or download the Returns Form and complete now.

  • For hygiene reasons, POWERbreathe products can only be returned if the seal has not been broken and the packaging has not been opened.
  • Please Contact Us within 14 days of receiving the goods and we will send you a Returns Form, or download the Returns Form and complete now.
  • You then have 14 days to return the goods. Please ensure goods are returned in their original product packaging and new, unused condition.
  • Please wrap goods securely for transit and enclose the Returns Form.
  • We will not refund, replace or exchange items that are lost or damaged in transit so we strongly advise you obtain at least a proof of posting.
  • Returns are sent at your own expense. We will only refund the cost of reasonable postage where the item returned is deemed to be faulty due to a manufacturing fault.
  • Shortages – please check Packing List to confirm that the outstanding item is not ‘To Follow’. If it is not, please Contact Us to advise of the shortage within 14 days of receipt.
  • Returns may be subject to a Restocking Charge of 10% of the value of the items being returned.
  • Please notify our sales team if your order is not delivered within 14 days of the shipping notification email.
  • It is your responsibility to monitor the delivery process (via the tracking number provided) and provide any details or payment for customs or taxes the shipping company may require.

Once we have received and verified the returned goods we will initiate the refund, replacement or exchange within 14 days. In the event of a full warranty refund, we will refund the basic delivery charge (£4.99 Ex VAT) if the original order included a delivery charge. Please note the reasonable cost of shipping/delivery will not be refunded unless the goods are faulty.

When you return goods from outside the UK, please ensure you fill out the returns form and mark your parcel as “returned goods” otherwise it may get held up at customs. This could cause your refund to be delayed.

Replacements and Exchanges will be delivered Free of Charge to UK and Northern Ireland addresses only.

Returns may be subject to a Restocking Charge of 10% of the value of the items being returned.

Please note that your right to return goods does NOT apply to products that fall into the following categories:

  • Goods made to your specification (e.g. your team’s colour option).
  • Items that are ordered specially to fulfil your order.
  • DVDs or other media or software if the seal is broken.
  • POWERbreathe and other Better Breathing Products if the seal is broken and packaging opened.

10b Returns Policy for International Orders

In addition to the above Returns Policy, International Customers should be aware of the following:

  • Shipping charges will only be refunded in the event of an item being Faulty. Replacements of faulty items will be delivered Free of Charge.
  • Exchanges are returned at your own expense and you will be required to pay for any shipping, taxes and duties.
  • Refunds for items that are returned that are not faulty will exclude any shipping costs, including the cost of returning the item.
  • Returns may be subject to a Restocking Charge of 10% of the value of the items being returned.
  • When you return goods from outside the UK, please ensure you fill out the returns form and mark your parcel as “returned goods” otherwise it may get held up at customs. This could cause your refund to be delayed.

You many be asked to return your goods to our EU or US hub. Please Contact Us for details.

10c Address for all Returns is as follows:

POWERbreathe International Ltd,
Returns Department
Northfield Road
Southam
Warwickshire
CV47 0FG
England
UK

11. Service, Repair & Maintenance

POWERbreathe offer a comprehensive range of Service, Repair and Maintenance options. Please Contact Us for details.

12. Warranties, Liability, Risk & Title

Goods are sold subject to the manufacturer’s warranty and are subject to the use and maintenance terms therein. For further information about specific product warranties, please Contact Us.

Consumable items which may be supplied with the Goods are excluded from all warranties unless specifically stated.

POWERbreathe and other affiliates including, but not limited to directors, employees and suppliers accept no liability for any damages, losses (loss of profit, goods, goodwill, data or other intangible losses), expenses, costs (including legal fees) or injury (both real or potential) arising from:

  • Using this website, including, but not limited to, downloading material available on the site or any website linked to it
  • Any Product or App or Software that POWERbreathe supplies
  • Any event beyond our control

You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge POWERbreathe from any and all claims or causes of action you may have for damages relating in any way to your use this website, POWERbreathe software or the POWERbreathe App.

POWERbreathe makes no warranty that the products and services will meet your requirements or expectations; that the website will be uninterrupted, timely, secure or error free or that the results obtained from the website, software or App will be accurate or reliable.

In spite of delivery having been made, goods will not become your property until:

  • You have paid for the goods in full with funds that you confirm are your own or that you have authorisation to use and;
  • You have no outstanding balance on your account
  • You agree to return or surrender any goods that remain unpaid for, as well as reimbursing any costs that POWERbreathe incur while recovering our property.

Any claims are required to be brought within one (1) year after POWERbreathe are notified of the claim. POWERbreathe’s total cumulative liability in connection with these Terms and Conditions, the website, Software, App, products and services (whether under contract or otherwise) will not exceed the charges paid to POWERbreathe by you.

You may not assign, delegate or otherwise transfer your account or rights or obligations under these Terms and Conditions. POWERbreathe reserve the right to transfer or assign all or any part of its rights under these Terms and Conditions to a third party and will have the right to delegate or use a third party to fulfil its duties and obligations under these Terms and Conditions.

You may create an account in order to access certain services or areas of the Site or to make re-ordering quicker and easier. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account. POWERbreathe reserves the right to terminate your account, refuse service to you or cancel orders.

You agree to not misuse this website, POWERbreathe Software, POWERbreathe App or Mail Order ordering process. You will not commit or encourage a criminal offense, distribute or transmit malicious, technologically harmful viruses, spyware or other material designed to corrupt data, infringe rights, affect performance, cause annoyance or send unsolicited messages, commonly known as ‘spam’. You will not use the website or company to gain monetary benefits through fraudulent or other illegal activities.

These Terms & Conditions / Terms of Use / Terms of Sale / Terms of Service, our Privacy Policy and any additional Terms that apply constitute the entire agreement between you and POWERbreathe and govern your use of the website or interaction with POWERbreathe.

Please note: BreatheLink Software and the POWERbreathe App have separate App Terms and Conditions / Terms of Use.

13. Privacy Policy

POWERbreathe International Ltd cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our world-class products, services and websites (collectively, our “Services”).

Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update or otherwise take control of your personal data that we process.

If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Administrator by contacting us at enquiries@powerbreathe.com

View our Privacy Policy

Please note: BreatheLink Software and the POWERbreathe App have a separate App Privacy Policy.

14. Reviews & Testimonials

Users of this website may post reviews, send communication and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
POWERbreathe.com reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you

  1. Grant POWERbreathe and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
  2. POWERbreathe and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to POWERbreathe, including the execution of deeds and documents, at the request of POWERbreathe.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to POWERbreathe: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable POWERbreathe.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify POWERbreathe and its affiliates for all claims brought by a third party against POWERbreathe or its affiliates arising out of or in connection with a breach of any of these warranties.

POWERbreathe and its affiliates and sublicensees have the right to use the name that you submit in connection with such content, if they choose.

15. Third Party Links

Please note that once you have left the POWERbreathe website, even via a link on our site, we cannot be held liable for any other websites policies and actions. Your use of the Linked Sites will be subject to the terms and conditions contained within each such site.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

16. Our Rights

We reserve the right to: 


Modify or withdraw, temporarily or permanently, this Website (or any part thereof, including products) and Mail Order Catalogues, Software, Apps, marketing or product related materials with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to, or withdrawal of, the website or mail order. We may also update the Terms and Conditions from time to time, and your continued use of the website shall be deemed to be your acceptance of such changes. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If, at any time, you do not agree with any part of these Terms and Conditions or any change to the Terms and Conditions then you must immediately stop using the website.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. We may restrict access to some parts or all of this Website.

“POWERbreathe” logo types and all other Trademarks or Registered Trademarks or product names are owned by POWERbreathe Holdings Ltd.

All articles, reports, training protocols, training timetables, trademarks, graphics, text, content, sound and other elements making up the website, product packaging, marketing material, software, apps and catalogues are protected by copyrights, trademarks and/or other proprietary rights of their respective owners, including POWERbreathe Holdings Ltd. If you wish to reproduce any content, please Contact Us or obtain written approval before doing so.

You acquire no rights or licenses in or to the Website and/or the Content other than the limited right to use the Website in accordance with these terms and conditions and to download no more than one copy of the Website for your personal, non-commercial use.

If you have reason to believe any part of the content of the website infringes the copyright of other, please notify us immediately and we will investigate any allegations of copyright infringement brought to our attention.

18. Intellectual Property

All materials, content, and intellectual property, including but not limited to text, images, graphics, logos, audio, video and software, made available on the powerbreathe.com website, publications, software, apps or other platforms, are owned by POWERbreathe International Limited or its licensors unless otherwise stated and are protected by copyright laws and treaties around the world.

These Terms and Conditions and / or the use of the POWERbreathe website, software, apps, products, communications or publications shall not give you any rights in respect of any intellectual property owned by us or our licensors. You shall not use, copy, reproduce, download, modify, publish, or create derivative works from, or in any way exploit, the POWERbreathe name and brand, trademarks, logos or other proprietary marks, or any of the content in whole or in part.

19. General

No order is binding to you or POWERbreathe until we have accepted it.

All prices are subject to change.

You agree to use the website and any commercial processes in compliance with all applicable laws. Sales on this website and these Terms and Conditions are governed by English Law and you agree to submit any dispute to the exclusive jurisdiction of the English courts within the geographical territory of England unless you are in the following countries where POWERbreathe accepts the local Laws of Argentina, Brazil, Canada, Japan, Philippines, any European countries governed by Dutch Law and Austria, France, Italy, Poland and Switzerland who are governed by their own laws. Use of the site and all orders are subject to these terms and conditions, and no amendments will be accepted by us.

Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

POWERbreathe may refer to general information about medical conditions and possible treatments. The information is not advice and should not be treated as such. At no point does POWERbreathe International Ltd offer medical advice. The information found on this website or given by one of our employees or representatives is not a substitution for, or an alternative to medical advice. We strongly recommend you seek professional medical advice from your doctor or other professional healthcare provider for any medical questions you have or medical conditions you think you may be suffering from. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

POWERbreathe International Ltd will not be responsible for failure to fulfil any obligation due to causes beyond our control.

Please send any comments or complaints to our Head Office Address:

POWERbreathe International Ltd
Northfield Rd
Southam
Warwickshire
CV47 0FG
England
UK

Or contact us here: