Health Nutrition Limited are the legal owners of PhenGold, a proprietary brand for which we own the worldwide intellectual property rights and US trademark 97409123.
By purchasing PhenGold today you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by PhenGold & Health Nutrition LTD.
Any purchase confirmed to be for the purpose of reselling will be retrospectively charged at full retail price.
We will work with Amazon & Ebay to have your seller account suspended.
1. In breach of the pre-agreed terms and conditions that must be adhered to when purchasing PhenGold via PhenGold.com.
As per your agreement to our on-site Terms and Conditions:
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
If you are identified as a dealer, reseller or distributor, all current and future orders associated with the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address will be charged at full retail price.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Any order appearing to be placed by dealers, resellers or distributors may incur a $15 administration cancellation fee. Refunds for orders identified for the purpose of resale may take up to 20 working days. – https://phengold.com/terms-conditions/
2. Infringing upon Health Nutrition Limited’s US trademark 97409123 – Guilty of unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
3. In breach of the Copyright, Designs and Patent Act 1988 (which under s.2.1 carries Criminal liability for making or dealing with infringing articles.)
(2A) A person (“P”) who infringes copyright in a work by communicating the work to the public commits an offence if P (a person) –
(a) knows or has reason to believe that P is infringing copyright in the work, and
(i)intends to make a gain for P or another person, or
(ii) knows or has reason to believe that communicating the work to the public will cause loss to the owner of the copyright, or will expose the owner of the copyright to a risk of loss.
(2B) For the purposes of subsection (2A) –
(a)“gain” and “loss”-
(i)extend only to gain or loss in money, and
(ii) include any such gain or loss whether temporary or permanent, and
(b) “loss” includes a loss by not getting what one might get.
4. In breach of the Fraud Act 2006 (5.1 Fraud by false representation):
(1) A person is in breach of this section if he –
(a) dishonestly makes a false representation, and
(b) intends, by making the representation
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
5. Breaching “passing off” regulation
Preventing one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true.
6. Guilty of using subversive tactics to avoid us exercising our right to refuse service to you or any other member of the public