PHOENIX HEALTH PRODUCTS LIMITED TERMS AND CONDITIONS
Application of Terms and Conditions
These terms and conditions apply to all contracts between you and us including (but not limited to) all information shown on the Website and to the ordering of any Products from the Websites. By using the Website and/or ordering the Products you agree to be bound by the Terms. Therefore we ask you to please read the Terms carefully.
If you have any questions about these Terms or our Products please contact us through the Website or write to Phoenix Health Products Ltd. 21 Cherry Drive, Canterbury, Kent. CT2 8HF. United Kingdom Info@phoenixhealthproducts.co.uk.
We are Phoenix Health Products Limited, our registered office is at 21 Cherry Drive, Canterbury, England, CT2 8HF and we are registered in England and Wales with company number 11014140
Meanings of Key Words
In these Terms the words below have the meanings set out next to them.
"PHP", "we", "us, "our", means Phoenix Health Products Limited and our brand names including "Yeti & The Fox".
"you", "your" means the person ordering Products and/or viewing our Website under these Terms.
"Terms" means these terms and conditions along with any other policies, links or documents referred to within them as amended from time to time. Some Products may have additional terms, conditions, guideline and warnings which will be supplied to you either on the Product page of the Website or with the Product itself. By using the Product you confirm that you have read and agree to any additional terms, conditions, guideline and warnings so supplied.
"Working days" means all days other than Saturdays, Sundays, and Public Holidays.
"Product" means the product or products you have ordered from us.
"Website" means www.yetiandthefox.com
1.1 We have tried to ensure all information provided in the Website to be accurate. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website.
2. The Product
2.1 PHP reserves the right to make changes to the descriptions of Products on the Website and/or in promotional materials which do not materially affect the quality or performance of Products.
2.2 We may correct any error appearing in the Website or withdraw any Product from sale without incurring liability. Price and availability is also subject to change without notice and without liability to PHP.
3. Orders & Ordering Product
3.1 When ordering Products, you will be required to provide information such as your address and billing information. You are responsible for the provision of accurate information to fulfil your order. PHP shall have no responsibility or liability for losses arising out of the provision of inaccurate data that affects order fulfilment, and shall have no obligation to make efforts to determine the correct information.
3.2 You may order Products from the Web Store by completing the order form in the check-out procedure.
3.3 We will send an order confirmation e-mail to the address you provide in the order procedure. It is your responsibility to ensure the email address you provide is correct. PHP will not know if the email address is correct or not and will ship the order to the address you provide, as long as payment is received in full prior to despatch.
3.4 Your completed order is your agreement to purchase the Products listed in your order on the Terms identified here. All orders submitted by you are subject to acceptance by PHP. PHP may choose not to accept your order for any reason without liability to you.
3.5 After you submit an order PHP will send you an order acknowledgement email with details of the Products you have ordered. We reserve the right not to dispatch your order until we receive payment in full.
4.1 We do not sell Product for purchase by children. If you are under 18 you may not use Yeti & The Fox or any other product supplied by PHP.
5. Privacy & Use of Personal Data
We will only use your personal information as set out in our Privacy Notice and Cookies & Internet Advertising Policy.
5.1 We need your email address and delivery address to allow us to process the order and deliver. We will also request your telephone number to allow us to contact you if there are problems fulfilling your order.
5.2 Any personal data submitted by you is considered highly confidentially and private and will only be shared with 3rd parties to process your order or if the law requires this. We will not pass your information to third parties for marketing purposes without your consent.
5.3 When you order any PHP Product or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through the other PHP communication tools. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
6. Reviews, Comments, Communications, and Other Content
6.1 Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political/religious campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of valid information, the obligation) to remove or edit such content. If you believe that any content used by or advertised for sale by PHP contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any PHP Product or Service, please notify us through the website.
6.2 If you post content or submit material, and unless we indicate otherwise, you grant: (a) PHP a non-exclusive, royalty-free and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) PHP the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
6.3 You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to PHP including the execution of deeds and documents, at our request.
6.4 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify PHP for all claims brought by a third party against PHP arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have provided.
7. Product Price
7.1 Prices in the Web Store are displayed in GBP (£) and/or EUR (€). We do not accept payment in other currencies.
7.2 For orders to be delivered in the EU the total cost of your order will be the Product price + delivery charges. For sales outside the EU costs of importing Products (customs clearance) will also be your responsibility (Subject to Section 9). These costs will be incurred at point of delivery and not in the Web Store.
7.3 Delivery charges are quoted and charged for in the Web Store - unless you qualify for free delivery. The amount of these charges varies according to the number of Products, delivery location you specify and the method of delivery.
7.4 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
8.1 Payment is made by credit card, PayPal, Apple Pay, Google Pay. PHP reserves the right to charge for certain payment methods. In such cases you will be informed prior to payment completion.
8.2 Any credit/debit card/PayPal accounts used to purchase Products must be yours. All credit/debit card/PayPal account holders are subject to validation checks and authorisation by the card issuer at checkout. If the issuer of your card refuses to authorise payment PHP will not accept your order. PHP is not obliged to inform you of the reason for the refusal. PHP is not responsible for your card issuer or bank charging you as a result of PHP’s processing of your credit/debit card payment in accordance with your order.
9. Customs and Importation
9.1 When ordering from outside the European Union (EU), you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products. You are responsible for any applicable costs relating to importation of the Products for your order.
9.2 We do not give any warranty or guarantee that the Products will comply with any applicable laws or regulations of countries outside the EU and purchasers from non-EU countries do so at their own risk.
10.1 Where PHP elects, or is required by applicable law, to issue or make available an invoice, PHP reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
11. Delivery of Products
11.1 Orders will be sent to the delivery address you provide when ordering Product. If Product is returned to PHP resulting from you providing an incorrect delivery address, PHP is will treat the order as having been cancelled by you.
11.2 PHP will refund you the value of the order less delivery charges and any reduction in the value of the Products due to unacceptable handling.
11.3 PHP currently only ships to EU member state countries plus Switzerland and Norway.
11.4 While PHP tries to meet estimated Product despatch and arrival dates, please note that they are not guarantees and should not be treated as such. Accordingly, you agree that products may not necessarily reach you in the desired time.
11.5 International orders (outside the UK) will incur longer delivery times as result of international shipping.
11.6 Once you receive the Product, all title will be passed to you including risk of damage to, or loss of the Product.
12. Cancellations and Returns
12.1 if for any reason you are unhappy and wish to cancel or return any Products you may do so by notifying us through the Website at any time up to 14 days after your Products have been delivered. The Website provides details of how to do this.
12.2 If you cancel your order after we have despatched the Products, then you must return the Products to us at the address mentioned on the Website assuming the following;
- Products to be returned within 14 days after arrival and contain the detail of the order so we know who returned it.
- Orders must be returned undamaged in the undamaged and unopened original packaging.
- Opened and/or used products cannot be returned as result of hygiene regulations.
- Risk of returns lies on the customers side
- Customer is responsible for paying the returns cost. We recommend the use of a Recorded Delivery Service.
- If you chose the premium and more expensive shipping method, then these additional costs will not be refunded.
12.3 You can no longer cancel and return the Products once you have opened the Product container or used the Products.
12.4 Applicable refunds will be made by means of a credit to your original payment provider.
12.5 We will only pay the costs of return if the Products are faulty or misdescribed;
12.6 Any faulty or misdescribed Products will be dealt with in accordance with your statutory rights.
13. Limitation of Liabilities
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
13.4 Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct or in respect of any other liability where it would be unlawful to do so such as your statutory rights.
14. Assignment, Subcontracting, etc
14.1 PHP reserves the right to transfer, assign, novate or sub-contract all or any of PHP’s rights and obligations under these Terms. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without PHP’s consent in writing.
15. Amendments to these Terms
15.1 PHP reserves the right to make changes to these Terms at any time. You, and any contract of sale between you and PHP, will be subject to the version of these Terms in force at the time you order the Products in question from PHP.
16. Events Beyond PHP’s Reasonable Control
16.1 PHP will not be held responsible for any delay or failure to perform or comply with PHP’s obligations under these Terms if the delay or failure arises from any cause which is beyond PHP’s reasonable control. This condition does not affect your legal right to have goods sent provided within a reasonable time or to receive a refund if goods ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
17.1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.19. Governing Law and Jurisdiction
19.1 These Terms and all transactions relating to the Website are governed by English law and you, and PHP, hereby submit to the exclusive jurisdiction of the English courts. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19.2 If you breach these Terms & Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions.
20. Software Terms
In addition to these Conditions of Use, the terms found here may apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with PHP Products.
21. Other Businesses
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. PHP does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. When a third party is involved in your transactions, you should carefully review their privacy statements and other conditions of use.
22. The Yeti Club Sales
22.1 The Yeti Club is a subscription service offered by PHP. PHP reserves the right to change at any time the repeat order services and any benefits offered by this service. Repeat order items will ship automatically based on the frequency you select until you cancel. By placing your order you are authorising us to charge your card for future orders at the frequency you have selected. You can change the frequency or cancel your repeat order subscriptions at any time through the The Yeti Club section which can be found in My Account.
22.2 The chosen subscription term is mandatory, you are not able to cancel your subscription during this term unless otherwise agreed by PHP.
22.3 Cancellation of The Yeti Club subscription service does not affect your obligation to pay subscription fees for the remainder of the agreed subscription term.