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TERMS AND CONDITIONS


These terms and conditions relate to all and any agreement between us when you buy goods/ products from us. Details of what we will supply and the price will be in an e-mail sent to you by us at the time you order - the “order e-mail”.

1 Products

(1) In this agreement the “Goods” or “Products” are those items supplied as detailed on the order e-mail and refers to any item that we have available for sale. All goods are subject to availability.

(2) Products are offered with information provided to the best of our ability, based on available information and facts, including manufacturers’. Opinions, statements, recommendations etc shall not form a guarantee or warranty and we make no representation about any product and you enter into this agreement with that understanding. Particularly, we take no responsibility for the way in which the items are worn, used or information contained within them.

2 Ordering

(1) You can order by telephone, e-mail and on our website.

(2) Orders are subject to acceptance by us and in accordance with these terms and conditions. Submission of an order or e-mail is not acceptance or confirmation of your Order

(3) Upon receipt of your Order we will process your payment and check stock availability. If we are unable to supply the goods, we will inform you of this within 2 days and advise of when the goods will be available or make a refund.

(4) Despatch of goods to you is our acceptance of your order and denotes completion of our contract with you unless the order is cancelled or we have notified you otherwise.

(5) We reserve the right to suspend or refuse the supply of goods at any time, without notice. We also reserve the right to supply a substitute (this will be as close to the original item as possible) where necessary.

(6) Your order is generated and processed via your own entries into our web site ordering system. Incomplete addresses, typographical, spelling or any errors made by you in completion of this process may result in non delivery, incorrect product identity information being printed or other client generated errors. We cannot refund or assist where the error is generated by incorrect information being supplied by the client at the point of order.

3 Abide By Terms

By making use of our organisation and its products you will be deemed to be aged 18 or over, are not under any disability which would impair judgement or use of the site or products, that you have read and understood these terms and conditions and agree to be bound by them. If you are entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.

4 Payment

(1) The price of the goods is as displayed on our website at the time of purchase.

(2) We reserve the right to increase prices without prior notice, subject to 4(1) above.

(3) All prices are in GBP and include VAT (where applicable) but exclude delivery/shipping charges, unless expressly stated otherwise. You will be advised of delivery charges before completing checkout. Goods can not be collected in person - delivery/shipping charges are always payable.

(4) Payment for goods must be made on placing an order by Visa, MasterCard, Maestro, Switch, Solo, Delta, PayPal or other method we specifically agree.

(5) We deem payment received and cleared when it has been processed and either transferred to and reached our account or authorised by your payment provider as we, at our discretion, determine.

(6) Goods are despatched when we have cleared payment. The title in any goods will not pass to you until we have received full payment.

(7) For security our website uses encryption. If you require any details of this please e-mail us at mail@phrenz.com

5 Delivery

Any delivery charges quoted are for delivery to addresses in to mainland Britain. Please refer to our Delivery Policy below.

6 Returns

In the very unlikely event that you need to return any product, you must follow our Returns Policy below.

7 Guarantee

Subject to your compliance with the other clauses within these Terms and Conditions, and those of our Guarantee Policy and Returns Policy we offer a guarantee for all items. For the terms of this guarantee and what is covered please refer to our Guarantee Policy.

8 Intellectual property & use

(1) Use of the website is at your own risk and by licence only for personal use and you acknowledge and agree that all copyright, and all other intellectual property rights in all content shall remain at all times vested in us or our licensors and you agree that you will not, nor will you assist any other person or organisation to, breach copyright in any way whatsoever.

(2) We can not guarantee that the provision of the website will be uninterrupted, secure or error-free nor free of viruses or anything which may affect use nor will we be held responsible or liable for such, including any effects such as data losses. The Site is provided on an “as is” and “as available” basis.

(3) We have made every effort to ensure that products are displayed as accurately as possible but can not be responsible for variations. What you see depends on your monitor and settings and we can not guarantee this will be accurate.

9 Liability Disclaimer

(1) To the extent that the law allows we are not responsible for any loss, incidental or consequential damage, or loss arising out of purchase, any use, errors, mistakes, accident, theft or fraud, destruction, or any part of the supply of goods or use of our website.

(2) In the unlikely event that we would be held liable for anything whatsoever then, to the extent that the law allows, any aggregate liability whatsoever shall be limited to 100% of the amount paid by you for the goods involved in the incident or series of related incidents.

(3) We take all reasonable precautions to keep order details secure, but we cannot be held liable for any losses caused as a result of unauthorised access to information you provided.

(4) You are responsible for providing, accurate, correct and up-to-date information and we will not be held responsible for any losses whatsoever in this regard.

(5) We do not intend to affect your statutory rights as a consumer.

10 Responsibility and Misuse

(1) You agree that you will solely be responsible for your use of any goods provided to you and that you will use the products legally and only for the purposes that they are intended to be used for and at all times in accordance with any manufacturer’s instructions, advice, suggestion and information and will not misuse them nor use them negligently.

(2) It is your responsibility to ensure that all products are suitable for your use.

(3) You specifically agree that we have no liability and furthermore you will indemnify us for any loss resulting in any breach of this clause.

11 Your information & data protection

You are responsible for ensuring that any information you provide is accurate, correct and up-to-date. Any information we hold will be stored and used in accordance with the current Data Protection Act and other relevant legislation within England and Wales. Please refer to our Privacy Policy below.

12 Assignment

(1) Any rights given cannot be transferred, sold, rented or shared in any way by you and nobody else can benefit but you. A copy of these terms will be admissible in any dispute or in any proceedings.

(2) We reserve the right to assign and/or sub-contract all or any part of the supply of goods but if we do this it will not affect your rights under any agreement.

13 Electronic Ordering and/ or goods

(a) You can cancel any order made via our web-site within 7 days of receiving the goods. Please refer to clauses 2 and 6. We will then refund any amount you have paid within 30 days of receiving your cancellation. When you have made a card payment credit will be made only to the original card you used to make the payment.

(b) However, when purchasing any perishable items you waive your cancellation or refund rights under Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 (as amended).

(c) Goods must be returned according to our Returns Policy below.

(d) In the event of a product being returned for a refund then any and all free gifts must also be returned. Failure to return the free gift will result in you being invoiced for the full RRP and this amount will be deducted from any refund.

14 Time Estimate

We will use all our reasonable endeavours to complete any supply goods within any time estimate that we give. However, we will not be liable for any losses whatsoever because of any delay.

15 Queries, complaints, Notices

(1) Complaints must be in writing to mail@phrenz.com and we aim to respond to any queries or complaints within 7 working days. If any complaint may amount to a breach of any term herein then you must allow us 30 days to remedy that breach.

(2) Any notices for must be in writing to our address shown at the bottom and for you, your address on your last order.

(3) Notices will be deemed to have been received on the 7th day after posting using Royal Mail 1st class service provided that a duly stamped proof of posting is obtained from Royal Mail.

16 Generally

(1) There terms and conditions supersede any prior representations, understandings and agreements between you and us.

(2) We reserve the right to vary our terms and conditions at any time and variation takes effect when they are posted on the website. It is your responsibility to read terms and conditions on each occasion you use or purchase and your continued use of our website shall confirm your acceptance to be bound by the latest terms and conditions.

17 Invalidity

Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.

18 Jurisdiction

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.

Delivery policy

(1) Any delivery charges quoted are for delivery to addresses in mainland Britain, extra charges may be incured for certain postcodes in the Highlands and Islands, please contact us for prices.

(2) If an order for delivery to an address in mainland Britain is received by us by 11am, Monday to Friday (excluding public holidays and between 23 December and 2 January) and the goods are in stock (we will contact you via phone or email to discuss your options if the goods ordered are not in stock), and we deem payment cleared, then the order will be despatched in accordance with the following time scales, however please allow 21 working days for orders to be processed:

(3) Delivery of some goods are by a service which requires a signature on receipt. Signing it confirms receipt but also the state of the parcel received. – see (4) below. 

(4) When you receive your order it is your responsibility to examine the goods very carefully for any damage. If there is any damage or if, for example, a parcel shows signs of damage whatsoever you must notify us on the day you receive it. Where a signed for service is used, please sign for it, 'Received Damaged'.

(5) Where there is a problem with your order, such as the wrong goods arrive or an item is missing or broken, you must notify us within 3 days of you receiving your package.

(6) Whilst we will use our reasonable endeavours to supply goods within any time estimate we give we shall not be responsible for any failure to provide goods nor any unavailability nor any losses or damage resulting from a failure to provide or any delay.

(7) International & European sales.

Until further notice, Phrenz only supply goods and sevices to the UK Mainland.

Returns Policy

(1) In the very unlikely event that you have received items which are damaged or faulty on receipt (faulty goods) or you want to return any items you must comply with our terms and conditions and policies, particularly, if applicable, have complied with clause 4 of our Delivery Policy.

(2) (a) If you are a consumer wishing to exercise your statutory cancellation rights in applicable circumstances taking into account clause 13 of our terms and conditions, OR if you receive an item which is damaged you must contact us by email at mail@phrenz.com within 7 working days after the day you received the goods.

(b) If you intend to rely on our Guarantee Policy you must contact us by email within 7 working days of the fault occurring to advise us and to give us details of the fault by completing the Returns Form and including that with the returned item on the contact us page

(3) When you contact us to return any item for any reason you will be given a Return Merchandise Authorisation (RMA) code which must be enclosed when you return the goods to us. We will also provide advice as to how to return items. You must also fully complete Returns Form on the contact us page.

(4) (a) You must return the goods, with your proof of payment, and your completed Return Form and ensure that your return reaches us within 14 days of the date you received the RMA code.

Important: RMA Codes are only valid for 14 days from the date the RMA code is given. Failure to return the item within 14 days deems the code invalid.

(b) In the event of a product being returned for a refund in accordance with your statutory rights any and all free gifts must also be returned. Failure to return the free gift will result in you being invoiced for the full RRP and this amount will be deducted from any refund.

(5) We advise that items be sent using a guaranteed delivery service with item reference number capable of being tracked and traced on-line, with sufficient value transit insurance (you must retain stamped proof of all this), as we cannot be held liable for lost or further damaged goods on their return to us.

(6) Once we have received the item safely then:

(a) in the case of faulty goods, a replacement of the item will be sent to you as soon as we are able (together with payment for delivery or postage or packaging charges incurred in returning the goods to us subject to the conditions in 6 (b) below). Alternatively, we may, in our absolute discretion, decided to make a refund for the items.

(b) in the case of goods for which you are exercising your statutory cancellation rights as in (2) then refund for the price of the items and postage of that item will be made within 30 days of receipt of the goods by us.

(7) Payments made by us to you will be within 30 days of receipt of the goods by us. When you have made a card payment credit may be made only to the original card you used to make the payment.

(8) In the event of a product being returned for a refund then any and all free gifts must also be returned. Failure to return the free gift will result in you being invoiced for the full RRP and this amount will be deducted from any refund.


Phrenz
Unit 119,
Hargham Road,
Attleborough,
Norfolk,
NR17 2HQ

mail@phrenz.com
Tel: 01953 665027