PHOENOX TEXTILES TERMS AND CONDITIONS 29/10/2010

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

Legal

The content of this site is provided free of charge for information purposes only. Phoenox TextilesLtd endeavour to ensure that the information presented on the site is both true and accurate. However, Phoenox Textiles Ltd, its agents and its employees will not be held responsible or liable for any errors, omissions or inaccuracies occurring within this content.

In these conditions “the company” shall mean Phoenox Textiles Ltd and “you” shall mean the person,organisation, or company placing an order with the company.

The colour accuracy of the colour-way options displayed within the site will vary dependant on a number of factors and as such should be seen only as representative. As part of its process of continuous improvement, Phoenox Textiles Ltd reserves the right to alter specifications and colours without notice. Consequently, products available may vary slightly in colour from that shown on the current site.

Copyright

All content included on this site including but not limited to web site design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof are the property of Phoenox Textiles Ltd or its content suppliers and are protected by UK and international copyright laws. All software used on this site is either the property of Phoenox Textiles Ltd or its software suppliers and is protected by UK and international copyright laws.

ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the purposes of placing an order on greatbeanbags.com and using this web site as a shopping resource only. Any other use of materials on this web site including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting republication, downloading or uploading without the prior written permission of Phoenox Textiles Ltd is strictly prohibited.

HUGRUG.CO.UK and the design logos are all copyright of Phoenox Textiles Ltd.

Returns

We hope you will be highly satisfied with any product purchased on our website but if you wish to return an item to us then we aim to make it as quick and convenient as possible.

Orders placed by you will not be binding on the company or deemed accepted unless & until written acknowledgement is issued by the company.

Any typographical, clerical error or omission in any sales literature, quotation, price list or literature issued by the company shall be subject to correction without any liability on the part of the company.

Except as otherwise stated in company literature the price shall exclude delivery and you will be liable to pay the company’s specified delivery charges.

The company shall reserve the right to change the delivery process and charges without notification.

Unless otherwise agreed in writing by the parties, payment shall be due and payable at the time the order is placed and accepted by the company.

Delivery

Delivery shall occur when the company or its carrier arrive at the address given to the company at time of order. Every effort will be made by the company to deliver goods within the period specified by the company, however such dates will not constitute part of the contract.

The company can accept no responsibility in the event that goods are left as instructed by you without your presence at the time of delivery.

If you fail to accept delivery of goods when delivered the company reserves the right to attempt delivery of the goods at a later date and to invoice you a further delivery charge.

Risk of damage to or loss of the goods shall pass to you upon delivery.

Product General

The terms and conditions of the manufacturers guarantee cover all products supplied for a period of 12 months. This guarantee specifically excludes faults caused by accident, neglect and misuse. This does not affect any statutory rights that you may have. Please also note that manufacturers’ guarantees are without exception covered within UK mainland. If ordering products for use outside UK mainland please call our sales department or contact the relevant manufacturer for non mainland guarantee enquiries.

Cancellation & Returns

If you wish to cancel any order you may do so at anytime after an order has been placed , or up to 7 days after the date of delivery. All notices of cancellation must be given to the company in writing.

In the event that you cancel an order after delivery you must inform the company in writing within 7 days. The goods must then be returned at your own expense to the company within 14 days of your notification to cancel your order. If you are unable to return the goods you must make the goods available for collection upon request and within 14 days of your notice to cancel your order. This will be at your expense and you will not be entitled to a refund of the original delivery charge. The company will be entitled to charge you (an equivalent amount to the original delivery charge) for this collection. These conditions will still apply in the event of any discount/special offer applied to delivery charges.

The company will not be liable for any costs incurred in the return of cancelled orders. The goods will not be deemed to have been returned until notification is given by the company that the goods have been returned to the address advised by the company.

It is your responsibility to return all goods in the same condition as they were upon delivery. The company reserves the right to deduct from the refund any charges necessary for the repair or cleaning of any goods returned not in the same condition as upon delivery. You are advised to retain the original packaging in the event of you cancelling an order. The company retains the right to charge for any necessary packaging/re-packaging.

The company shall be entitled to recover all costs, loss,charges,and expenses incurred in connection with goods returned not saleable as new.

Additionally, except real leather goods, there will be a re-stocking charge to cover the original cost of shipping to you (despite our free shipping policy we still have to pay a courier!) and for the handling of the item in our warehouse.

The most common reason for returns is that the beanbag proves to be bigger than imagined.  We will endeavour to work with you to resolve the problem as soon as possible ensuring that you are happy with your beanbag.

Should the product prove to be faulty or the wrong item has been delivered, we will not charge a handling fee and provided the item is returned within a 28 day period we will refund the cost of delivery back to you upon proof of payment.

A restock fee of 50% of the original purchase price is applicable on real leather goods.

The Phoenox Textiles Ltd return policy does not extend to products shipped outside of mainland UK.

This does not affect your statutory rights.

Please note: All our products are checked at various stages during manufacturing and again by a quality controller before the product leaves our factory.

Disclaimer

Phoenox Textiles Ltd has taken all reasonable care in the preparation of the contents on this web site, but makes no representation or warranty of any kind with respect to the operation of the site or the information, content, materials, or products included on this site. To the extent permitted by applicable law, Phoenox Textiles Ltd makes no warranty, express or implied, as to the accuracy, completeness or currency of the information contained in any of the materials on this web site. Phoenox Textiles Ltd reserves the right to change price and availability information without notice.

Phoenox Textiles Ltd shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this web site.

Phoenox Textiles Ltd reserves the right to decline orders for bulk or high value purchases.

Phoenox Textiles Ltd makes no representation or warranty, express or implied (including, without limitation, warranties as to quality or fitness for purpose) in connection with any product(s) supplied by it under these Terms. In any event, Phoenox Textiles Ltd‘s sole liability and the user´s sole remedy for any defective product(s) supplied under these Terms shall be the replacement by Phoenox Textiles Ltd of the defective product(s).

Phoenox Textiles Ltd shall not be liable for economic or financial loss or any special, indirect or consequential loss or damage whatsoever and howsoever arising.

No exclusions of Phoenox Textiles Ltd ´s liability in these Terms shall apply to any damages arising from death or personal injury caused by the negligence of Phoenox Textiles Ltd or any of its directors, employees or agents or fraudulent misstatement.

Indemnity

You agree to indemnify and hold Phoenox Textiles Ltd , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable solicitor´s fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.

Some hypertext (HTML) links on this web site lead to web sites, which are not under the control of Phoenox Textiles Ltd . Accordingly, Phoenox Textiles Ltd makes no representation or warranty concerning the content of these web sites and accepts no responsibility or liability in respect of the material on any web site, which is not under the control of Phoenox Textiles Ltd.

Phoenox Textiles Ltd is providing these hypertext links to you only as a convenience, and the inclusion of any such hypertext link does not imply an endorsement by Phoenox Textiles Ltd of the linked site or imply any relationship between Phoenox Textiles Ltd and the hyper-linked organisation or individual.

Privacy Policy

By accessing or using the hurug or bighug web site, you agree to the terms of the Phoenox Textiles Ltd Online Privacy Policy, as outlined below. If you do not agree to these terms, please do not access or use this site.

Collection of Personal Information

When you engage in certain activities on this site, such as registering, ordering products, or entering contests, Phoenox Textiles Ltd may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Phoenox Textiles Ltd may require that you provide us personal information, such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the site, you may be asked to provide a credit card number.

When you submit personal information to Phoenox Textiles Ltd you understand and agree that Phoenox Textiles Ltd and its subsidiaries, affiliates and trusted vendors may transfer, store, and process your customer profile in any of the countries in which Phoenox Textiles Ltd and its affiliates maintain offices, including without limitation, the United Kingdom.

Phoenox Textiles Ltd collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to mail to you the items ordered and to provide you with any benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. Phoenox Textiles Ltd also uses information that you provide as part of our effort to keep you informed about special offers, and other Phoenox Textiles Ltd products and services.

Phoenox Textiles Ltd recognises and appreciates the importance of responsible use of this information. If you do not want the information you provide to Phoenox Textiles Ltd to be used to inform you of other products and special offers from Phoenox Textiles Ltd , and you indicate this preference when you provide the information to us, we will honour your preference. In addition, Phoenox Textiles Ltd may selectively provide certain information to other companies or organisations that have products or services we think may interest you. If you do not want the information you provide to Phoenox Textiles Ltd to be shared with other companies, and you indicate this preference when you provide the information to us, we will honour your preference.

Your personal information is password-protected to prevent unauthorised access to it. We recommend that you do not divulge your password to anyone.

Governing law and jurisdiction

This web site is controlled and operated by Phoenox Textiles Ltd from its offices in England. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this web site from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable.

All terms and conditions contained on this web site shall be governed by and construed in accordance with English law. By using this web site, you hereby submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any dispute arising under or in connection with these Terms or your use of this web site.

Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.