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TERMS AND CONDITIONS OF SALE
OF www.friouk.com
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Products from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Products incorporating these Terms and Conditions;
1.4 "Goods/Products" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Totallycool Ltd, PO BOX 10, Wolfcastle, Haverfordwest SA62 5YG that owns and operates www.frious.com;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.friouk.com, www.frious.com
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Products by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address PO BOX 10, Wolfscastle, Haverfordwest SA62 5YG
3 ORDERING
3.1 All orders for Products shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified they can either wait until the Goods are available from stock or request alternative product, or cancel their order.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
4 PRICE AND PAYMENT (US SITE)
4.1 The price of the Goods shall be that mentioned on the Website. The prices are exclusive of VAT. Delivery charge is already quoted for individual customers. Contract customers will be agreed at time of order.
4.2 The total purchase price, and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price and delivery charges must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 WARRANTY
Defective items:
You can always return items if they are defective, manufacturers warranty is 12 months from proof of date of purchase, please contact us first to discuss before returning as very often problems can be rectified over the phone.
7 DELIVERY
7.1 Goods supplied outside the UK will normally be dispatched within 2 to 7 working days of acceptance of order. However please note 5-20 working days must be allowed for overseas delivery and we send by normal airmail.
7.3 Where a special order/ specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified
7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller Email or Telephone within 7 working days of delivery if the Goods are damaged or are not suitable. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 Where If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller Email or Telephone within 7 working days of receipt of the Goods or any exchange. However any postage paid will not be refunded (unless is it a faulty item)
8.4 At Totallycool Ltd we want you to have a great experience every time you shop with us. Occasionally you may want to return items for exchange etc, so below is our returns policy. We accept the return of all other items only if they are in their original condition without being activated and still in its original packaging. If you return goods, as detailed, within 30 days, we will issue a full refund for the price you paid for the item. Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey.
8.5 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 INTELLECTUAL PROPERTY
Unless specified, the copyright in the contents of every page in this Website are owned by or licensed to Frío® UK Ltd/Totallycool Ltd
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
16 COPYRIGHT
The contents on the Totallycool Ltd/Frío® UK Ltd Website are owned or licensed to Frío® UK Ltd or are used with permission by the owner. Reproduction is strictly by permission only.
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Products from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Products incorporating these Terms and Conditions;
1.4 "Goods/Products" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Totallycool Ltd, PO BOX 10, Wolfcastle, Haverfordwest SA62 5YG that owns and operates www.frious.com;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.friouk.com, www.frious.com
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Products by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address PO BOX 10, Wolfscastle, Haverfordwest SA62 5YG
3 ORDERING
3.1 All orders for Products shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified they can either wait until the Goods are available from stock or request alternative product, or cancel their order.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
4 PRICE AND PAYMENT (US SITE)
4.1 The price of the Goods shall be that mentioned on the Website. The prices are exclusive of VAT. Delivery charge is already quoted for individual customers. Contract customers will be agreed at time of order.
4.2 The total purchase price, and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price and delivery charges must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 WARRANTY
Defective items:
You can always return items if they are defective, manufacturers warranty is 12 months from proof of date of purchase, please contact us first to discuss before returning as very often problems can be rectified over the phone.
7 DELIVERY
7.1 Goods supplied outside the UK will normally be dispatched within 2 to 7 working days of acceptance of order. However please note 5-20 working days must be allowed for overseas delivery and we send by normal airmail.
7.3 Where a special order/ specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified
7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller Email or Telephone within 7 working days of delivery if the Goods are damaged or are not suitable. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 Where If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller Email or Telephone within 7 working days of receipt of the Goods or any exchange. However any postage paid will not be refunded (unless is it a faulty item)
8.4 At Totallycool Ltd we want you to have a great experience every time you shop with us. Occasionally you may want to return items for exchange etc, so below is our returns policy. We accept the return of all other items only if they are in their original condition without being activated and still in its original packaging. If you return goods, as detailed, within 30 days, we will issue a full refund for the price you paid for the item. Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey.
8.5 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 INTELLECTUAL PROPERTY
Unless specified, the copyright in the contents of every page in this Website are owned by or licensed to Frío® UK Ltd/Totallycool Ltd
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
16 COPYRIGHT
The contents on the Totallycool Ltd/Frío® UK Ltd Website are owned or licensed to Frío® UK Ltd or are used with permission by the owner. Reproduction is strictly by permission only.