1. Our website
Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before proceeding to payment.
3. Product Pricing and Title
3.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
3.2 We reserve the right to alter all product pricing without notice.
3.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been received by us.
4. Your Order
4.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
4.2 Your offer is only accepted by us once we have dispatched your order.
4.3 Product items not dispatched are not included in the order and contract between you and us.
4.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
4.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
5. Shipping and Customs Duty
5.1 All orders received by us are shipped subject to availability.
5.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
5.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfillment company or a full refund.
5.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
6. Cancellation Rights, Returns and Refunds
6.1 Under the Consumer Protection (Consumer Contracts) Regulations 2013 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 working days from the day after you receive your goods.
6.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
6.3 No right of cancellation, refund or return exists under the Consumer Protection (Consumer Contracts) Regulations 2013 once you have used your product, unless the product is defective and you are returning it for this reason.
6.4 No right of cancellation exists for downloaded goods or “softcopy” goods to which you, the customer has instant access to or use of.
6.5 Please observe the following procedure for all returns to us:
6.5.1 Please notify us in writing, (email or letter) within 14 working days from the day after you receive your goods.
6.5.2 If you are returning your product because it is defective, please state the defect or defects.
6.5.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
6.6 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
6.7 You are responsible for paying any postage or shipping costs incurred when returning the product.
6.8 We recommend that all returns be sent by Royal Mail recorded delivery, so that a record of the return is available for you.
6.9 We will not issue refunds for any items lost or stolen in transit to us.
6.10 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
6.11 Unused products may be returned by notifying us in writing, (email or letter) within 14 working days from the day after you receive your goods.
6.12 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
6.13 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
7. Customer Complaints
7.1 We endeavour to respond to all customer complaints or queries within three working days.
7.2 If you have a complaint please email us stating at much detail as possible in order for us to resolve the issue within a satisfactory timescale, you will be kept fully informed of the status of your complaint.
8. Faulty Products
Where a Customer experiences a fault with a product it can be returned to MyFenix, subject to our returns policy above.
9. Warranty Terms
9.1 Our products have a 24 month warranty against manufacturing defects unless stated otherwise.
9.2 Any goods which are subject to a warranty claim should be returned to MyFenix for inspection.
9.2.1 Please notify us in writing, (email or letter) and state the reason for the return.
9.2.2 Upon inspection MyFenix will repair or replace defective unit.
9.3 Warranty does not cover accidental or deliberate damage, acts of god, damage incurred by incorrect use or not following manufacturers instructions. The goods must not be modified or repaired by anyone other than one of our engineers or nominated service agents.
9.4 Any products that have not failed due to manufacturing defect will be repaired at the cost of the customer. MyFenix reserve judgment on this and our decision is final.
9.5 Carriage costs for the return of goods to MyFenix will be the responsibility of the customer.
9.6 Warranty does not cover the incorrect purchase of our products.
9.7 The warranty will become invalid if the products have not been used for the purpose they were designed for.
10. Events outside our control
MyFenix shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
11.1 MyFenix grants you a license to access the content, information and services contained within our website for personal use only.
11.2 This license allows you to download and cache (using your browser) individual pages from our website.
11.3 This license does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
11.5 Our website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
11.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of www.myfenix.co.uk, unless expressly acknowledged as otherwise.
12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13. Reasonably Foreseeable Losses
13.1 MyFenix will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
13.3 MyFenix does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by MyFenix to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
16. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and MyFenix. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.