Conditions
Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. 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. Any complaints should be addressed to the Seller's address at AJC Trading, Unit 5, Lopen Business Park, Mill Lane, Lopen, Somerset TA13 5JS. Ordering All orders for Goods 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. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
Price and payment
The price of the Goods shall be that which is stipulated on the Website. The total purchase price, including delivery charges, will be displayed in the Buyer's shopping cart prior to confirming the order. After the order is received the Seller shall confirm by email the details, description and price for the Goods. Payment of the price plus delivery charges (if applicable)must be made in full before dispatch of the Goods.
Delivery
Goods supplied within the UK will normally be delivered within 1-3 working days of acceptance of order, depending on the delivery method chosen during the checkout process. Goods supplied outside the UK will normally be delivered within 3-5 working days of acceptance of order. Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. The Seller shall use its reasonable endeavors 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. 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. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. Orders sent by Royal Mail recorded are considered lost if not delivered within 15 working days. Should an item be outstanding after this amount of time we will resend or refund the order.
Rights of Seller
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. The Seller reserves the right to withdraw any goods from the Website at any time. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
Cancellation and returns
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. You have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by telephone on +44 (0)1460 240336 or email at [email protected] within 7 days of receipt of the Goods. The Goods must be returned in a re-saleable condition and in the original and unopened packaging. Goods must be returned by the Buyer at the Buyer's expense and must be adequately insured during the return journey and proof of postage must be obtained. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges and return postal charges) upon receipt of returned goods. Goods to be returned must clearly show the order number obtained from the Seller on the package. 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.
Representation
At fenixtorch.co.uk we have made every effort to describe and display the products as accurately as possible, however, some of the colours demonstrated cannot be guaranteed as accurate as colours may vary between different computer monitors.
Limitation of Liability
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. 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.
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
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.
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.
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.
Definitions
Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller. Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977. Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions. Goods means the articles that the Buyer agrees to buy from the Seller. Website means www.fenixtorch.co.uk Seller means AJC Trading, The Hatchery, Eaglewood Park, Ilminster, Somerset, TA19 9DQ that owns and operates http://www.fenixtorch.co.uk 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.
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.
WEEE
Under the Waste Electrical and Electronic Equipment Regulation 2006 (WEEE) we are pleased to offer our customers the facility to return their old equipment when they purchase a new item from us. This WEEE take-back is offered on a like-for-like basis. For instance, when you purchase a new flashlight from us, we will dispose of your old flashlight.
If you would like to take advantage of our WEEE take-back service, please contact us in the first instance to obtain a returns reference number.
Here's how to contact us:
Email us: [email protected]
Telephone us: 01460 240336.
When you return your item to us, you are responsible for postage charges.
The address to which your WEEE return should come is:
WEEE Returns, AJC Trading, The Hatchery, Eaglewood Park, Ilminster, Somerset, TA19 9DQ
Under the WEEE regulations, all new electrical goods should be marked with the crossed-out wheeled bin symbol and be disposed of separately from normal household waste.
The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items. In the UK, distributors (including retailers) must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge.
Unwanted electrical equipment is the UKs fastest growing type of waste. Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination - harming wildlife and also human health.
Battery Disposal
Under the Waste Battery Regulations, FenixTorch are now offering a take back scheme for all your portable waste batteries. You can return your waste batteries to our business premises in person. Please do not return batteries to us other than in person.
Alternatively, you can find your local waste portable battery recycling facility at www.recyclenow.co.uk
Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points. End-users may find stores in their local area more accessible.